Personnel Manual Modifications BVARI PERSONNEL MANUAL TABLE OF CONTENTS Topic Page Welcome ...................................................... i Contact Information .................................... ii Work Life Policies ......................................2 Introduction ............................................2 Employment Application Disclaimer ....2 Equal Employment Opportunity ............2 Sexual Harassment Policy......................3 Drug & Alcohol Abuse ..........................3 Safety .....................................................4 Smoking .................................................4 Building Security ...................................4 Ethical Conduct / Conflict of Interest ....4 Confidentiality .......................................5 Communication ......................................5 Electronic Mail / Computer System .......6 Personnel Record ...................................6 Dress Code .............................................7 Housekeeping .........................................7 Problem Resolution Procedure ..............7 Parking Regulations ...............................7 Compensation Policies ...............................8 Hiring Procedure & Employee Classification....................................8 WOC Appointment ................................8 Internal Control Training ......................8 VA Required Trainings .........................9 In-Service Trainings ..............................9 Initial Review Period .............................9 Annual Performance Review .................9 Work Hours..........................................10 pg. i Topic Page Overtime ..............................................10 Inclement Weather/Other Emerg .........11 Compensation ......................................11 VA Employee Compensation & Hrs....11 Attendance / Tardiness .........................12 Resignations .........................................12 Benefits ......................................................13 Earned Time Program ..........................13 Federal Holiday Observed ...................15 Jury Duty Leave ...................................15 Family Medical Leave Act ……….….16 Bereavement Leave ..............................17 Vacation Request .................................17 Maternity/Adoption Leave ...................18 Military Leave ......................................19 Miscellaneous Leaves of Absence .......23 Flexible Spending Accounts ................23 Health Benefit Plan ..............................23 Dental Benefits Plan ............................24 Life Insurance, Accidental Death & Dismemberment Benefits...............24 Short & Long Term Disability .............24 COBRA ................................................24 Injury on the Job ..................................25 Workers’ Compensation ......................25 Unemployment Compensation.............25 Retirement Plan ....................................25 Employee Assistance Program ............28 Transit Reimbursement ........................28 Summary ..............................................29 June 1, 2012 We are pleased to welcome you to the Boston VA Research Institute, Inc. (BVARI). The purpose of this manual is to acquaint you with our Work Life Policies and Benefits Program. The mission of The Boston VA Research Institute (BVARI) is to promote and to support research and education activities of the VA Boston Healthcare System and to advance the well being of all veterans and the general public by these endeavors. BVARI is a non-profit, tax-exempt institute. Collaborative endeavors may be established with universities, for profit companies, hospitals, charitable foundations, professional societies, the Public Health Service, or other governmental agencies, and other non-profit entities. BVARI provides a comprehensive program of employee benefits, which are described in this manual. Your supervisor or BVARI’s Director of Human Resources will be able to assist you should you have questions regarding the content. We look forward to a mutually satisfactory employment relationship with each employee and would like to take this opportunity to offer our best wishes for your personal success at BVARI. Sincerely, Sincerely, Nancy Watterson-Diorio Helen Bril Nancy Watterson-Diorio CEO, BVARI Inc. Helen Bril Associate Director of Human Resources, BVARI, Inc. pg. ii BVARI Contact Information Name Title e-mail Nancy WattersonDiorio Chief Executive Officer nwd@bvari.org Helen Bril Associate Director of Human Resources helen.bril@bvari.org Jeffrey Burd, Esq General Counsel jeffrey.burd@bvari.org Dan Burke Director of Process Management and Information Systems dan.burke@bvari.org Michael Charpak Accounts Payable Administrator michael.charpak@bvari.org Page Humphrey Financial Analyst page.humphrey@bvari.org Deni Peric Executive Assistant deni.peric@bvari.org Grants Administrator jennifer.notari@bvari.org Shelagh Pearson Grants Administrator shelagh.pearson@bvari.org Janyce Sarmaniote Director of Finance janyce.sarmaniote@bvari.org Megan McHugh Human Resources Generalist megan.mchugh@bvari.org Jennifer Notari Main Number: (617) 738-1313 Fax Number: (617) 738-8480 Web Site: www.bvari.org Boston VA Research Institute, Inc. (BVARI) Personnel Manual pg. 1 Work Life Policies Introduction This manual was prepared to acquaint employees with personnel policies, programs and benefits at the Boston VA Research Institute, Inc., hereafter referred to as BVARI. The manual has been written for guidance and informational purposes only. It is a statement of BVARI’s present policies and is not an employment contract. BVARI reserves the right to change any or all policies, programs and benefits at any time with or without notice. Employment with BVARI is at will and as such is terminable by the employee or BVARI at any time and for any reason. Please take time to read the manual carefully and save it for future reference. The employee should check with his/her supervisor if there are any questions. Employee Manual policies will take effect June 1, 2012. Employment Application Disclaimer The following statement must be signed by all applicants before beginning employment by BVARI: “If I am hired by the Boston VA Research Institute, Inc. (BVARI), in consideration of my employment, I agree that I may resign and that my employment and compensation may be terminated at any time, with or without notice, with or without cause, at the option of either the Institute or myself. I further understand that my employment relationship will be “at will,” that I am not being hired for any specified period of time, and that no supervisor or manager of the Institute, other than the CEO or Chairman of the Board, has the authority to enter into any other agreement for employment or to make any agreement contrary to the foregoing.” Equal Employment Opportunity Employment opportunities at BVARI are open to all qualified applicants solely based on their job-related experience, knowledge, skills, and abilities. Qualified applicants are considered for all open positions for which they apply and for advancement without regard to race, color, religion, sex, sexual orientation, national origin, age, and marital status, the presence of a medical condition or disability, or genetic information. BVARI complies with all applicable federal, state and local laws with regard to equal employment opportunity. Advancement is based entirely on an individual's demonstrated performance, job-related ability, skills, and knowledge and the resulting potential for promotion to the job openings applied for. BVARI will not tolerate discrimination, harassment, or retaliation affecting its employees or applicants due to race, color, religion, sex, sexual orientation, national origin, age, marital status, medical condition, disability, genetic information, or any other category protected under the law. pg. 2 Employees who believe they have been subjected to unlawful or unfair discrimination, harassment, or retaliation must immediately advise BVARI’s Human Resources Department. Employees must either complete the BVARI EthicsPoint website online complaint form at: https://secure.ethicspoint.com/ceridian/media/en/gui/22537/index.html or call toll-free at 888-279-1921 to report any perceived violation of BVARI’s policy regarding harassment and discrimination. You also must report any inappropriate conduct that you observe whether or not it affects you directly. The company's anti-discrimination and anti-harassment policies are intended to result in effective responses to problems. They require you to provide the company an immediate opportunity to investigate and resolve your workplace concerns. You must notify the Human Resources Department at the above number regarding issues of harassment, discrimination, or retaliation. Sexual Harassment Policy Drug & Alcohol Abuse Claims of any violation of this policy shall be reported to the Chief Executive Officer or the Director of Human Resources immediately. Please refer to Dept. of Veterans Affairs VA Medical Center Memorandum No. 00-021 “Equal Opportunity”. BVARI is vigorously committed to maintaining a working environment free of sexual harassment. Sexual harassment of employees occurring in the workplace or in other settings in which employees may find themselves in connection with their employment is unlawful and will not be tolerated. Possession or use of alcohol or illegal drugs at BVARI is expressly prohibited. Employees may not use intoxicants in such a manner that his/her work performance is adversely affected of his/her conduct becomes embarrassing to BVARI. An employee should notify the VA Police if any person on Medical Center grounds is: Observed using alcohol or illegal drugs Considered to be under the influence of alcohol or drugs Observed with possession of alcohol or illegal drugs A description and location of the offender should be provided. If a person operating a motor vehicle on Medical Center grounds is considered to be under the influence of an intoxicant, the employee should report to the VA Police the vehicle’s description, direction of travel, and license plate number. For purposes of this policy, the possession or use of prescribed medications, by the person for whom they are prescribed and consistent with such prescription, shall not be deemed a violation of this policy. pg. 3 Safety Safety is everyone’s business. BVARI is committed to maintaining a healthy and safe workplace. We expect each employee to share this commitment. Specific safety matters that pertain to the employee’s workstation will be covered by his/her supervisor. The employee is obligated to use any applicable protective equipment prescribed for his/her job. The most critical elements in practicing safety are being careful and using common sense. Each employee should be continuously aware of his/her actions and environment to avoid dangerous situations. It is the responsibility of the employee to report any injuries or unsafe situations to his/her supervisor. Smoking According to the Surgeon General of the United States, smoking is the most preventable cause of illness and death in our society and the number one public health issue of our time. In recognition of this fact, smoking is prohibited at BVARI at all times. Please refer to Dept. of Veterans Affairs VA Medical Center Memorandum No. 00-002 “Smoke-Free Policy”. Building Security Please refer to Dept. of Veterans Affairs VA Medical Center Memorandum No. 138-009 “Space Key Control”. Ethical Conduct/ Conflict of Interest All BVARI employees are subject to Federal statutes and regulations applicable to employees with respect to standards of ethical conduct and conflicts of interest in the performance of official duties. Standards of Ethical Conduct: Each employee shall submit a signed “Standards of Ethical Conduct and Related Responsibilities of Employees” statement certifying awareness of, and compliance with, these laws and regulations. This form may be obtained from the Human Resources Administrator. New employees are asked to sign this statement, which is part of the New Hire Packet, which they receive. The statement encompasses the following areas: 0.735-10: General Requirements 0.735-11: Gifts, Entertainment and Factors 0.735-17: Outside Employment Activity or Compensation The employee’s signature indicates he/she is and has been aware of and complied with the regulations pertaining to conflict of interest in performance of official functions in his/her capacity with BVARI and has ensured compliance by others. The BVARI sponsored program through Ceridian, Inc. is an anonymous and confidential method of hearing employees concerns, suggestions and reports of misconduct. Our goal is to assure and enhance the integrity, people, processes, and assets needed by all stakeholders of BVARI. We believe that BVARI's viability and integrity depend on the protection of our critical assets, including pg. 4 our people, physical assets, and our information. There are two methods of submitting a report- telephone at (888) 279-1921 and through the web site, https://secure.ethicspoint.com/domain/media/en/gui/22537/index.html Conflict of Interest: The purpose of this policy is to protect the interests of BVARI when contemplating a new hire, a transaction or an arrangement that might cause an officer, director or employee to choose between personal interests and the interests of BVARI or that may call into question their independence or impartiality. This policy is intended to supplement, but not replace, applicable federal and state laws governing conflicts of interest including those VA policies pertaining to research conflicts of interest. Persons covered under this policy, as well as their relatives and associates. New employees are asked to sign this statement, which is part of the New Hire Packet, which they receive, if they are Principal Investigators on the grant or contract, essential personnel, or administrative employees. The policy includes signature of the: Affirmation of Compliance Confidentiality and disclosure questionnaire Confidentiality Patient Confidentiality: As staff of a biomedical research organization, BVARI employees may have access to highly personal and sensitive clinic information regarding its research subjects. BVARI staff must safeguard and hold confidential all such personal information and may gain access to or disclose it only for legitimate research purposes. Client Confidentiality: All staff has a responsibility to recognize the special relationship of trust between BVARI and its clients who support its research activities. BVARI staff may gain access to or disclose proprietary business information only for legitimate research purposes. All proprietary business information about BVARI and its clients must be treated in a confidential manner. Employee Confidentiality: All employment-related information about other BVARI staff members must be treated in a confidential manner. Employees may not gain access to or disclose such information without proper authorization. Communication pg. 5 This Confidentiality Policy is critical to BVARI’s purpose and function. Any employee who violates it is subject to disciplinary action, up to and including termination. BVARI will use internal memos and emails to distribute information to employees in those cases where every employee needs his or her own copy of the subject matter. It is important to remember that these memos deal with internal information and should not be shared with anyone other than BVARI employees. Electronic Mail / Computer System The electronic systems (hardware, software and networks) provided to BVARI employees to use at work, or in conjunction with their work, are the property of BVARI and/or the Department of Veterans Affairs. These systems are to be used exclusively for work-related matters. Therefore, no one is to do anything that causes interference to the network or work of others. Use of these systems for personal business or other personal uses is a violation of company policy and federal policy and will subject the violators to appropriate disciplinary action up to and including termination. There is to be no display or transmission of sexually explicit images, messages or cartoons, or any transmission of electronic mail communications that contain ethnic slurs, racial epithets or anything that may be construed as harassment or disparagement of others based on their race, national origin, sex, sexual orientation, age, disability, or religious or political beliefs. BVARI has a legitimate business interest in all materials generated by, transmitted through, or stored in these systems, in ensuring the use of these systems is within the requirements of this policy and in monitoring adherence to this policy. BVARI reserves the right to audit these systems and their contents at any time, without specific prior notice. However, individual employees and supervisors should not attempt to gain access to another employee’s computer or electronic mail messages without the latter are expressed permission. Upon hiring each employee must sign the “Computers, Electronic Mail and Voice Mail Usage Acknowledgment Form”, relating to this policy. Attached is the link for the “Computers, Electronic Mail and Voice Mail Usage Acknowledgment Form” http://bvari.org/HR/New%20Hire%20Documents/New%20Hire%20Forms%202 011/Computers-Email-Voicemail%20Ack.doc Personnel Record BVARI requires accurate, up-to-date information regarding each employee’s address, personal email, telephone number, marital status and other pertinent information for use in an emergency and for formal records such as W2 forms. If an employee changes his/her home address or phone number, or other pertinent information, the Human Resources Generalist must be notified. An employee is entitled to review his/her personnel record. It is required that he/she submit a written request in advance, and to do so through his/her supervisor so that the record may be duplicated. An employee may challenge information contained in his or her personnel record, and request that the information be removed or corrected. If the employer refuses the request, the Statute gives the employee the right to submit a written statement explaining the employee’s position, and the Statute requires the employer to maintain the statement as part of the employee’s personnel record as long as the challenged information is retained in the record. BVARI will maintain employee personnel files for three years after termination pg. 6 of employment without delegations or changes of information. (Except by mutual agreement of the employer and the employee). Further, if an employee brings a legal action against the employer in court or before an administrative agency (e.g., the Massachusetts Commission Against Discrimination), BVARI will retain the personnel record until final disposition of the proceeding. For further information please refer to BVARI’s record retention policy. Dress Code Dress code is primarily based on the individual employee’s job description. Overall, employees are expected to maintain a neat, clean, well-groomed appearance. It is requested that employees demonstrate the good taste necessary to maintain the appropriate business image. An employee may be sent home if, in the supervisor’s judgment, his/her dress or appearance is deemed inappropriate. Please refer to Dept. of Veterans Affairs VA Medical Center Memorandum No. 05-037 “Dress code, Personal Appearance and Hygiene”. Housekeeping BVARI is committed to providing a safe and healthy workplace and atmosphere. Employees are expected to maintain a high standard of neatness in their work area and refrain from displaying anything that would be considered inappropriate for a business setting. Problem Resolution Procedure If an employee has questions, complaints, or individual problems, he/she should discuss them with his/her supervisor first. If the employee does not feel comfortable in discussing the matter with his/her supervisor, or if the employee does submit the matter to the supervisor and the supervisor is not able to resolve the matter, the employee should submit the matter in writing to the Human Resources Administrator. If mutual agreement cannot be reached, the employee may bring it to the attention of the BVARI’s Chair Person and/or CEO. After due consideration, a decision will be made by the Chair Person as to the resolution of the issue. The decision of the Chair Person or CEO shall be final, and not subject to further review. Parking Regulations All BVARI employees should be aware of Medical Center parking policies as detailed in the Dept. of Veterans Affairs VA Medical Center Memorandum No. 07-003 “Parking and Traffic Control”. pg. 7 Compensation Policies Hiring Procedures Employee Classification BVARI may employ full-time, part-time and seasonal employees to carry out its research and educational projects. The length of employment for such individuals shall be indefinite, with no time commitments made. The hiring, termination, assignment of duties, and the determination of reasonable salary levels are determined by BVARI Human Resources with recommendations by the responsible Investigator. Prior to any hiring, the responsible Investigator shall submit to BVARI Human Resources an Employment Request Memorandum listing the duties, responsibilities, qualifications, expected term of the project, and proposed source. After this memorandum has been approved, and the hiring process checklist complete, a commitment and offer letter may be made to the proposed employee. There are three employee classifications at BVARI: Exempt, Exempt Professional, and Non-exempt. Exempt and Exempt Professional employees are working in salaried positions and are exempt from the Fair Labor Standards Act, the Federal Law that requires payment for overtime work. Exempt and Professional Exempt staff are employed in jobs that are primarily professional or supervisory and which carry responsibility for discretionary and independent judgments regarding medical decisions, general business operations, IT and administrative policy. Full-time Non-exempt staff are those employees who work for hourly wages for a determined schedule. This classification of employee may be paid for overtime work when approved by their supervisor. Employees working 30 hours or more per week are considered full-time employees. WOC Appointment Internal Control Training pg. 8 Part-time, Non-exempt employees are those staff members who work less than 30 hours per week. All BVARI employees, are required to have a WOC (without compensation) appointment from the VA Boston Healthcare System, prior to receiving compensation from the institution, as per the directive of Title 38, of the VHA Handbook. Employees should contact BVARI Human Resources to receive the paperwork. All new BVARI Board members, including Statutory VA Directors, and all new Executive Directors, officers, and key employees (key employees are BVARI administrators, supervisors, employees approving and making purchases, employees authorizing time records, and any and all employees with the authority to make financial decision(s)) must take internal controls training within 90 days of assuming the role and must provide BVARI with proof of training completion. BVARI must retain these training certifications for as long as the individual holds his or her position at BVARI. VA Required Trainings All BVARI employees must complete all required VA trainings before the close of the VA fiscal year. The number of required trainings to be completed by each employee is dependent upon your position and responsibilities. All completed training certificates must be submitted to BVARI Human Resources upon completion. Additional trainings can be added or removed at the discretion of the VA requirements. Non-completion of these trainings and submission of completed certificates to BVARI by September 30th, will result in a written reprimand and continued non-compliance can be cause for immediate termination or suspension from your position. Those BVARI employees who have LMS access have to complete all required trainings in LMS not EES. You will not be credited as completing these trainings unless you have done them through this system. In-Service Trainings Initial Review Period Annual Performance Review For a list of current required trainings, please contact BVARI Human Resources. Our employees are our greatest asset and resource, and continued education and training in the workplace ensures that quality services are provided to the people we are here to serve. BVARI will be offering four in-service trainings per year through a partnership with Ceridian Lifeworks, Inc. These will be lead by professional state certified instructors who are highly experienced in their field. Participation in one in-service training per year will be required of all BVARI employees. The complete list of dates, times, locations and capacity limits will available on the BVARI website under the HR calendar of events. Enrollment and completion of such trainings must be prior to the end of the calendar year, December 31st. Non-compliance will result in a written reprimand and be cause for immediate termination or suspension. New employees have an initial review period of three consecutive months worked after date of hire. Completion of the initial review period constitutes no right to continued employment, as all employees of BVARI are employed at will. The supervisor may extend the initial review period at his/her discretion, for additional calendar months for absenteeism, tardiness, performance problems, or other reasons. During this period, if performance fails to improve the employee can be terminated. An employee will ordinarily have his/her performance reviewed annually by his/her supervisor. Based on the recommendation of the supervisor, the employee can be granted a salary increase appropriate to his/her performance. During the evaluation process, supervisors will review the position descriptions and work plans with the employees to ensure process and position management. pg. 9 Work Hours Exempt and Professional Exempt: The work hours for Exempt and Professional Exempt staff is determined by time needed to fulfill their specific job responsibilities rather than by schedules or shifts. Non-Exempt Full time: Non-Exempt employees will ordinarily work eight hours Monday through Friday with the exact scheduled hours to be determined by each supervisor. Variable shifts will not be arranged except under special circumstances. The Director of Human Resources, prior to their implementation, must approve these exceptions in writing. An employee is expected to report to work at his/her established starting time. If the employee is, absent or unavoidably detained, he/she should notify his/her supervisor as soon as you are aware of the delay or absence. Not only is prompt notification a matter of courtesy, it also permits the supervisor to make any necessary adjustments to work assignments in a timely manner. The following are the minimum standards for scheduled breaks required by law: Lunch Break: A half-hour unpaid lunch break must begin no later than six (6) hours after the Non-exempt employee begins the workday. Rest Break: Non-exempt staff is entitled to one 15-minute break for each four hours of work time, scheduled in conjunction with Supervisory approval. Overtime Non-exempt Part-time: Those scheduled to work less than eight hours, but at least five hours per shift, are entitled to a half hour unpaid lunch break. Overtime is time worked in excess of 40 hours in a workweek. A workweek begins on 12:01a.m. on Sunday and ends at midnight on Saturday (a calendar week). We have two basic pay plans: exempt salaried employees (full-time and part-time employees), and nonexempt employees (full-time, part-time, or temporary employees). Exempt salaried BVARI employees are employees exempt under the Fair Labors Standards Act (FLSA) and are paid guaranteed salaries for all work performed. Overtime is not paid to exempt salaried employees. Nonexempt BVARI employees are paid an hourly rate for hours worked. They are paid biweekly and will receive overtime for all hours worked in any week in excess of 40 hours at one-and-one half times the regular rate of pay, which is arrived by dividing the total weekly compensation by 40 hours. pg. 10 Hours credited for paid sick days, vacation days, and holidays do not count as hours in calculating overtime. Authorizing overtime: Supervisors must approve overtime pay. No overtime should be worked without prior authorization unless there is an emergency situation, in which case it should be brought immediately to the supervisor’s or the BVARI Director of Human Resources’ attention. Inclement Weather ** For all nonexempt BVARI employees: Overtime is paid only for hours actually worked over 40 hours per week. For example if a BVARI employee works 50 hours one week and 35 hours the next week, the employee is paid 10 hours at overtime rate (1.5) for the 50-hour work week and regular per hour pay for the 35 hour work week. Given the range of institutional programs, the number of essential services provided and the continuing needs of our veterans, the VA has determined that all VA personnel are considered essential personnel and must report for their scheduled tour of duty during extreme weather conditions. BVARI employees are deemed non-essential personnel, unless a supervisor deems it necessary due to essential protocol, patient care or laboratory needs. The decision to excuse or dismiss BVARI employees from work due to severe weather conditions rests with the employee’s Supervisor. In those extreme situations where an employee has been deemed an essential employee, BVARI employees are urged to use their own discretion in deciding whether they can safely commute to work. If personal health or safety is an issue in that decision, responsible judgment should be used and an alternative procedure should be put in place to cover the protocol execution, care of patients, or essential laboratory duties. Please refer to BVARI’s Inclement Weather policy and Emergency protocol at the below link: http://bvari.org/Policies/Forms/AllItems.aspx Compensation Inclement weather notifications will be posted n the BVARI website and on the BVARI telephone announcements. Exempt employees of BVARI are paid monthly on the 23rd of each month. In order to track use of Earned Time and to maintain accurate time & effort reporting, all exempt employees will be required to enter their time reports into the Harper’s online Time and attendance module; however, individual hours are not the basis of pay. Non-exempt (hourly) employees of BVARI are paid on a biweekly basis, with paychecks issued on alternate Fridays. The employee is responsible for ensuring that his/her time sheet is submitted electronically on the Harper’s Time & Attendance module and supervisor approved no later than 5:00 P.M. on the Monday following the end of a pay period. Non-exempt employees will not be issued a check without the electronic or paper receipt of an original, signed and authorized time record. Telephoned messages of hours do not substitute this pg. 11 VA Employee Compensation & Hours requirement. Any time records not received by close of business on Monday, will have to submit a paper timecard and receive a manual check within 24 hours. The receipt of compensation from a private source for performing VA duties and responsibilities is a Federal criminal violation. VA employees who perform work for BVARI that is outside the scope of their VA duties and responsibilities can receive income from the outside source (e.g., BVARI) provided the following requirement: - The work is not performed during Government duty time and the work is not related to VA duties. - The source of funding does not restrict such payments (i.e. NIH or DoD) - All required paperwork is submitted and approved, including dual compensation, current MOU, and WOC appointment. For example, a VA physician conducting VA research during VA duty hours can be compensated by the Corporation for work performed on the same peer reviewed, approved research activity, even if the work is performed during nonVA duty hours. NOTE: VA employees may request an irregular VA tour of duty, subject to approval by their Supervisor that is consistent with the requirements of permissible outside activities. Attendance / Tardiness Resignations pg. 12 Effective immediately, all full-time VA paid employees must complete and receive approval of dual compensation paperwork prior to receiving salary support from BVARI. Dual compensation paperwork can be obtained from your VA service chief, and must receive signed approvals from VA Office of Regional Counsel, BVARI CEO, VA COS, VA ACOS and the VA Medical Center Director. An employee’s attendance record is a prime indication of his/her interest and concern in the job. Regular attendance is a key element of satisfactory job performance. Excessive absences or tardiness may result in disciplinary action up to and including termination. An unreported absence of three consecutive scheduled workdays is considered a voluntary resignation. All actual hours worked must be entered into the time report, regardless if time is made-up during the day. This will ensure consistent records keeping. Employees leave a position for a number of reasons. BVARI seeks to retain good employees, but understands that situations change. Employees are asked to provide as much written notice to BVARI as possible of their intention to resign. The original resignation letter is to be forwarded to the Director of Human Resources a minimum of two weeks in advance of the resignation date. BVARI has the right to pay the employee for two weeks, rather than having the employee work out his/her notice period. Benefits Earned Time Program “Earned Time” is a BVARI program designed to accommodate the needs of employees by combining paid time off benefits into one bank of accrued benefit hours. Employees may draw from this bank for absences due to vacation, illness, and personal needs. Earned Time allows managers to plan for most absences, while allowing employees greater flexibility in scheduling and using time off benefits. Eligibility: All employees in positions for which the standard workweek is 20 hours or more are eligible for the paid time off benefits described in this policy. Accrued Earned Time hours are neither “owned” nor guaranteed to the employee until the completion of six months of continuous employment. During the first six months, the newly hired employee will start accruing Earned Time and may choose to take an absence without pay since the employee does not yet “own” those Earned Time hours. If an employee terminates before the 6-month period all used earned time will be deducted from the employee’s last paycheck. Loss of Eligibility: When an employee who has had at least 6 months of continuous eligible service has his/her standard schedule changed to less than 17.5 per week, accrued Earned Time will be paid to the employee in a lump sum at the rate of pay in effect on the last day prior to the change. If the employee later returns to being benefit eligible, the Earned Time accrual rate will be based on the employee’s length of continuous service on the date of the change. An employee who terminates employment prior to six months service will not be paid Earned Time benefits. Earned Time Accrual: Earned Time is accrued per pay period beginning with the first week of eligible employment according to the following guidelines: Non-exempt Full time employees will accrue Earned Time at the rate of 19.5 days per year - 6 hours per pay period (biweekly). Upon completion of 3 years (47 months) of service your accrual rate will be 26 days per year – 8 hours per pay period (bi-weekly) Upon completion of 8 years (107 months) of service your accrual rate will be 32.5 days per year – 10 hours per pay period. Part time employees will accrue Earned Time on a prorated basis, based upon the number of hours worked. Exempt Employees will accrue Earned Time at the rate of 24 hours per pay period (monthly). pg. 13 Upon completion of 3 years (47 months) of service Exempt employees will accrue Earned Time at the rate of 42 days per year – 28 hours per pay period (monthly). Upon completion of 8 years (107 months) of service Exempt employees will accrue Earned Time at the rate of 48 days per year – 32 hours per pay period (monthly). Exempt Professional Employees will accrue Earned Time at the rate of 20.67 hours per pay period (monthly). Upon completion of 3 years (47 months) of service Exempt Professional employees will accrue Earned Time at the rate of 36 days per year – 24 hours per pay period (monthly). Upon completion of 8 years (107 months) of service Exempt Professional employees will accrue Earned Time at the rate of 42 days per year – 28 hours per pay period (monthly). Part-time Non-Exempt Employees: Employees must work over 20 hours per week, in order to qualify for this benefit on a weekly basis. Those employees with sporadic schedules or temporary/seasonal employees will not accrue earned time. 0-3 years of service .075% of hours worked 4+ years of service 10% of hours worked How Earned Time Is Paid: The number of Earned Time hours paid for any absence is based on the number of hours regularly scheduled to work. Earned Time is paid at the employee’s current rate of pay. All Earned Time requests are subject to the approval of the employee’s supervisor and are based on the operational needs of the department. Earned Time hours can be used in blocks of one quarter of an hour by non-exempt employees, and half day increments by exempt and exemptprofessional employees. Employees may not use Earned Time on a regular basis to shorten the workday. No more than twenty days (160 hours) of Earned Time can be carried over to the following calendar year. Cash-in Provision: Accrued Earned Time may be taken as cash in lieu of time off within the following guidelines: To be eligible to cash in Earned Time, an employee must have at least 120 hours in his or her Earned Time bank, and must leave a minimum balance of 80 hours after the cash-in. (This is pro-rated for part-time employees.) To receive an Earned Time cash-in, the employee must submit an Earned pg. 14 Time Cash in Request form two weeks prior to his/her last paycheck in that calendar year. Federal Holidays Observed Each cash-in is based upon the employee’s rate of pay at the time of cashin. BVARI observes 10 federal holidays per year. The employee’s Earned Time will not be used to pay him/her on BVARI federal designated holidays which are: New Year’s Day Martin Luther King’s Birthday President’s Day Memorial Day Independence Day Labor Day Columbus Day Veteran’s Day Thanksgiving Day Christmas Day Part-time employees who are scheduled to work on an observed holiday will be compensated at a pro-rated number of hours (i.e. 20 hours per week equals 4 holiday hours paid by BVARI). Full time, non exempt employees (more than 32 hours per week) will receive 8 hours of Holiday pay. Should your tour of duty exceed 8 hours on the holiday you have the option to work the difference during the week of the holiday, or use earned time hours to supplement a normal tour of duty (i.e. 10 hour daily tour you would receive 8 hours holiday and 2 hours earned time). When a designated holiday falls on a Saturday, it will be observed on the preceding Friday; when the holiday falls on a Sunday, it will be observed on the following Monday. Jury Duty Leave Employees are eligible to be compensated for up to three days work missed from their regular work schedule because of Jury Duty. Please provide a copy of your jury duty assignment form to BVARI’s Human Resources as soon as possible. After three consecutive days, the employee is paid by the Court. At the completion of your jury service, staff members must submit proof of jury service by State and Federal Court. During Jury Duty Leave, earned time hours are not used, for up to three working days. If additional time is needed, an employee may utilize Earned Time, with permission of his/her supervisor. Earned Time continues to accrue during the duration of the Jury Duty Leave. pg. 15 Family Medical Leave Act All personnel with at least one year of service with BVARI and who have worked at least 1,250 hours during the preceding 12 months are eligible to request a leave of absence under the FMLA for the following purposes: 1) The birth of the employee’s son or daughter, and to care for a newborn child; 2) The placement with the employee of a son or daughter for adoption or foster care, and to care for the newly placed child; 3) To care for the employee’s spouse, son, daughter, or parent with a serious health condition; or, 4) Because of a serious health condition that makes the employee unable to perform one or more of the essential functions of his or her job. Up to twelve weeks of time may be taken from the date an employee requests leave for a Family and Medical Leave Act qualifying reason. During any FMLA absence of more than 30 days for a single qualifying event, Earned Time will stop accruing following the 30th day. Any Earned Time that the employee has or accrues during the FMLA absence must be used as part of the FMLA leave. Any remaining leave after the paid time available has been used will be unpaid time. During an FMLA leave, health benefits will continue. The portion of the monthly medical premium normally contributed by the employee must be paid to BVARI by the 25th of each month. To the extent required by the FMLA and regulations thereunder, FMLA leave of up to 26 workweeks will be granted to permit an employee who is the spouse, son, daughter, parent, or next of kin to care for a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, therapy, or is otherwise in outpatient status. This leave also permits the employee to deal with any qualifying exigency, as defined in the regulations of the Department of Labor, arising out of the fact that the spouse, son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces. Any such leave shall be subject to the provisions of this policy concerning leave for other purposes. Requests for leave because of a serious health condition or to care for a spouse, child, or parent with a serious health condition will require completion of the FMLA Certification of Healthcare Provider form, available from Human Resources. BVARI may require an additional second or third medical opinion, depending on the circumstances. Leave may be taken intermittently or on a reduced leave basis. When the FMLA leave is planned, the employee must request the leave thirty days in advance of the expected absence. The request must include the expected dates of absence, the reason for the absence, and the expected return date. For pg. 16 unplanned leaves, the employee must provide the same information as soon as practical. FMLA leave may be taken “intermittently” or on a “reduced leave schedule” under certain circumstances. Intermittent leave is FMLA leave taken in separate blocks of time for a single illness or injury. A reduced leave schedule reduces an employee’s usual number of working hours per workweek, or hours per workday. It is a change in the employee’s schedule for a period of time, normally from full-time to part-time. Employees must show the medical necessity for intermittent leave or a reduced leave schedule. The BVARI policy is that employees can only request intermittent leave in a minimum of 4 hour increments. Employees returning from an FMLA leave due to their own serious health condition will not be permitted to return to work until they have submitted medical documentation from their physician indicating that they are capable of performing the essential functions of their position. Issues arising regarding Family or Medical leave which are not covered by this policy will be determined by BVARI at its discretion, subject to the provisions and regulations of the Family and Medical Leave Act of 1993, as amended. BVARI reserves the right to request second and third opinions from a physician of our choice. For additional information and applicable forms, please contact BVARI Human Resources. Bereavement Leave When a death occurs in an employee’s immediate family, all regular full time employees may take up to three (3) days off with pay to attend the funeral or make funeral arrangements. The pay for time off will be prorated for a parttime employee if the funeral occurs on a scheduled work day. BVARI will require submission of the Bereavement Leave request form and a copy of an obituary. Immediate family members are defined as an employee’s spouse, parents, stepparents, siblings, children, stepchildren, grandparent, father-in-law, motherin-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, or grandchild. Vacation Request pg. 17 All vacation requests have to be submitted for prior approval. These requests must be submitted via the Harpers’ Time & Attendance module for supervisor approval. All requests should be submitted one week prior to your scheduled vacation day, and an email reminder sent out the day before. Proper work coverage should be arranged, if necessary. Maternity/ Adoption Leave A full-time female employee who has completed the initial review period and requests a maternity leave or adoption leave (which applies to a child under 18 years of age or if there is a physical or mental impairment, under 23 years of age) must advise her supervisor in writing that she intends to return to work on a full-time basis. The employee will not lose seniority or benefits. All requests for maternity or adoption leave must be made two weeks prior to the date on which the leave is desired. The Maternity/Adoption Leave request form may be obtained from the Human Resources Administrator and must be submitted by the employee to her supervisor. A maternity/adoption leave will be approved for up to eight weeks. The employee may access Earned Time during this period. If the employee is accessing any of the benefits through BVARI’s insurance provider (Health, Dental, Life Insurance, Accident/Dismemberment, Short or Long Term Disability) BVARI will continue to pay the employer contribution of these plans. The position left by the employee will be available up to eight weeks. Any employee, who needs a maternity/adoption leave of absence extension beyond the allotted eight weeks, must submit a request in writing at least one week before the scheduled return date. In the case of a maternity leave, a letter from the employee’s physician indicating that an extension is necessary and the reasons for the extension must support this request. Approval of the extension is strictly discretionary on behalf of BVARI. pg. 18 Military Leave: Reserve Training and Deployment Military Leave for Reserve Training 1) Regular full-time employees (with appointment for more than one year) who are members of the National Guard or a Reserve Component of the Armed Forces are eligible for military leave when ordered to perform military duty. Weekend drills are not covered by military orders, and therefore, may not be charged to military leave. 2) There are two kinds of military leave for authorized employees as described below: a) Military leave is available on a calendar year basis for Annual Training (AT) OR Active Duty for Training (ADT). A full-time military employee accrues 15 days during the calendar year of military leave, not to be confused with earned time. Military leave (not to exceed 15 days) which is unused at the beginning of the succeeding calendar year is carried forward for use in addition to the days which are credited at the beginning of that calendar year. Military leave may be taken a day at a time for a continuous period. Non-workdays falling within a period of absence on military training are not charged against the 15 days of military training. Employees must be in a pay status immediately before or immediately after the military service is performed; and b) Not to exceed 22 workdays in a calendar year for the purpose of providing military aid to enforce State or Federal Law, as ordered by the President or Governor. 3) Permanent part-time employees receive a proportionate share of the military leave provided for full-time employees. 4) Intermittent or temporary employees are not authorized to be granted military leave. 5) There is no reduction in an employee’s civilian pay when on approved military leave. However, when on military leave for law enforcement purposes, the military pay (excluding travel, transportation, or per diem) must be credited toward the employee’s civilian pay. 6) Military leave must be requested and planned as early as possible. Employees must receive approval of military leave prior to departure. The request for military leave will be submitted on Form SF-71, “Application for Leave” with a copy of military orders attached, and must be routed through supervisory channels to BVARI’S Director of Finance for verification of the amount of military leave already taken during the current year, and forwarded to BVARI’s CEO for approval. Upon completion of the tour of duty, the employee will submit a certificate of attendance from the commanding Officer of the Unit with which he/she trained, which will pg. 19 be attached to the SF-71 retained with the unit timekeeper’s records. 7) Employees may request annual leave or leave without pay (LWOP) to attend weekend military drills. Employees are expected to notify the supervisor of weekend drills with as much advance notice as possible, such as providing a yearly schedule. All reasonable efforts will be made to change the employee’s tour of duty when it conflicts with mandatory inactive duty training. If this is not possible, upon the employee’s request, annual leave or LWOP will be granted. Employee’s are encouraged to cooperate in scheduling weekend drills with as much advance notice to the supervisor as possible in order to avoid any adverse affect to patient care. When there is a scheduling problem that may adversely affect patient care, the supervisor may contact the employee’s commanding officer to inquire whether or not the orders can be changed to a later date. Military Deployment Law: The Uniformed Services Employment and Reemployment Rights Act (USERRA), enacted October 1994, provide job protection and rights of reinstatement to employees who perform military service. USERRA applies to all employees regardless of size of their business. (see Chapter 43, of Title 38 US Code). A military leave of absence will be granted if an employee is absent in order to serve in the uniformed services of the United States for a period of up to five years. Employees who perform and return from service in the Armed Forces, the Military Reserves, the National Guard, or certain Public Health Service positions will retain certain rights with respect to reinstatement, seniority, layoffs, compensation, length of service promotions, and length of service pay increases, as required by applicable Federal or State law. Pay and Leave: You will receive military pay in accordance with military policies and terms. As a BVARI employee on leave without pay (LWOP), BVARI will not pay you unless you elect to use your 15 days of military leave and/or any earned time leave that you have accrued. If you return to BVARI, for any period of time during activation, you will receive pay for the number of hours that you worked in your BVARI position. As a BVARI employee on LWOP, you will not earn annual or sick leave. You are entitled to use 15 days of military leave each calendar year, even though you are on LWOP. There may be circumstances where an employee has more than 15 days of military leave available for use due to carryover of leave. BVARI military status personnel are entitled to any unconditional pay increases that occurred during the leave period, such as cost of living increases. pg. 20 Employment: Upon your deployment you will remain a BVARI employee and will be placed in LWOP status. You may choose to be placed on military leave or earned time leave, as appropriate, or you may request separation from BVARI employment. Benefits: The following insurance coverage is extended to all BVARI military employees so that they and their families can receive medical coverage upon their deployment. Employees’ Group Life Insurance (EGLI): BVARI employees on LWOP can continue life insurance at no cost for up to 12 months. Accidental Death/Short and Long-term Disability: BVARI employees on LWOP can receive coverage at no cost for up to 12 months. Employees Health Benefits (EHB): BVARI employees on LWOP can continue health insurance for up to 18 months. Premiums will be the responsibility of BVARI employees. Return to Civilian Duty: The USERRA requires that any veteran who received a certificate showing satisfactory completion of service in the uniformed services must be restored to his previous employment provided he or she applies for reemployment within the following time limits: a) 30 days or less: For a period of military service lasting 30 days or less, the returning veteran must report to BVARI within 48 hours. The BVARI employee who returns from active duty is requested to correspond directly with BVARI’S Human Resources Administrator to give notice of the return date notification in writing. If it is impossible for the veteran to report within that period through no fault of his own, he must report as soon as possible. This reporting period also applies to an employee who is absent from work for an examination to determine his fitness for military service. b) 31 to 180 days: If the period of service was between 31 and 180 days, the veteran must apply for reemployment no later than 14 days after military service ends. The BVARI employee who returns from active duty are requested to correspond directly with BVARI’S Human Resource Administrator to give notice of the return date notification in writing. If it is impossible or unreasonable for the veteran to report within that period through no fault of his own, on the next calendar day on which it was possible. pg. 21 c) More than 180 days: If the period of service is for more than 180 days, the returning veteran must apply for reemployment within 90 days of the end of the military service. The BVARI employee who returns from active duty are requested to correspond directly with BVARI’S Human Resources Administrator to give notice of the return date notification in writing. d) Service-Incurred or Aggravated Injury: If the returning veteran is hospitalized for or convalescing from an illness or injury that was incurred or aggravated by the period of service, he must report or submit an application to the employer, depending on the length of period of service, within the time periods specified above, measured from the end of the period required for recovery. However, the period of recovery normally is limited to two years. e) If a BVARI employee returns from active duty and the position they presently held before deployment is no longer available, a 30-day assistance period will be provided for the employee. Efforts will be made for placement in the VA Boston Healthcare Systems or another VA facility if necessary. Please contact BVARI’S CEO in the appropriate times outlined above to take advantage of this assistance option. pg. 22 Miscellaneous Leaves of Absence Employees may be granted unpaid leaves of absences for other purposes at the discretion of both his/her supervisor and the Chief Executive Officer. A written request will be submitted to the Director of Human Resources and by the employee supervisor. Earned Time may be accessed with the supervisor’s approval. During any unpaid leave of absence of more than 30 days, Earned Time stops accruing on the first Sunday following the 30th day. Upon the employee’s return, Earned Time accrual begins during the first pay period in which the employee returns to work. Flexible Spending Accounts/ Sentinel Benefits BVARI has filed a plan with the Internal Revenue Service so that the employee’s cost of hospital, surgical, medical and dental coverage, as well as any amount contributed to the Dependant Care Assistance Program, will be paid before calculating the employee’s Social Security, Federal and State Income Taxes. This benefits the employee by reducing his/her net pay by an amount less than the employee’s actual cost of these benefits. The Director of Human Resources can provide copies of this plan and answer questions should an employee decide to enroll for benefit coverage. BVARI employs Flex Choice FSA plan which covers an extensive range of out-of-pocket expenses. This includes everything from healthcare deductibles and co-pays, to orthodontics, eyeglasses, and prescriptions. Sentinel Benefits will send the enrolled employee a “Bennyvisa card”, which can help you better prepare for and manage unavoidable out-of-pocket costs while reducing your taxes. This will be deducted on a per pay period basis and the amount will be stipulated by the employee. Arrangements for direct deposit of health/dependent care reimbursements into either a checking or savings account may be made with the Director of Human Resources. Health Benefit Plans Employees whose standard schedule is 30 or more hours per week are eligible for Health (Major Medical) Benefit Plan via Blue Cross Blue Shield. The Plan is available for the employee alone and for the employee, their spouse and dependents. Coverage begins upon date of hire. Open enrollment for the health insurance plan is June 1st of each calendar year. BVARI presently contributes a discretionary amount toward the cost of the premium for the Health Benefit Plan. Notification of premium increases will be provided at least 30 days prior to any effective date of premium rates changes. Any employee that drops below full-time status for two consecutive pay periods will be terminated from the benefits plan accordingly. To receive more information or access the Plan, the employee should contact the Director of Human Resources. pg. 23 Dental Benefits Plan Employees whose standard schedule is 30 or more hours per week are eligible for the Dental Benefit Plan via Blue Cross Blue Shield. The Plan is available for the employee alone and for the employee and their dependents. Coverage begins upon date of hire. Open enrollment for the health insurance plan is June 1st of each calendar year. BVARI presently contributes a discretionary amount toward the cost of the premium for the Dental Benefit Plan. Notification of premium increases will be provided at least 30 days prior to any effective date of premium rates changes. To receive more information or access the Plan, the employee should contact the Director of Human Resources. Life Insurance, Employees whose standard work week is 30 hours or more are eligible for Life Accidental Death Insurance and/or Accidental Death & Dismemberment benefit via BVARI’s & insurance provider. Coverage begins on the date of enrollment, and completion Dismemberment of relevant documentation. Benefits BVARI contributes 100% to the cost of the premiums for these Plans. The coverage becomes effective on the date of hire. Short & Long Term Disability Benefits To receive more information or access these Plans, the employee should contact the BVARI Human Resources department. Employees whose standard workweek is 30 hours or more are eligible for Short Term and/or Long Term Disability benefit via BVARI’s insurance provider. Coverage begins on the date of enrollment, and completion of relevant documentation. BVARI contributes 100% to the cost of the premiums for these Plans. The coverage becomes effective on the date of hire. COBRA To receive more information or access these Plans, the employee should contact the BVARI Human Resources department. BVARI offers COBRA (Consolidated Omnibus Budget Reconciliation Act of 1985) benefits. If an employee who has accessed Health benefits via BVARI’s insurance provider resigns, is terminated from BVARI, or has a reduction in standard work hours to less than 30 hours/week, then the employee and his/her spouse and eligible dependents may have the right to continue to participate in BVARI’s insurance provider’s plan for up to 18 months (up to 36 months under certain circumstances) The spouse and eligible dependents may also extend coverage in the event: The employee dies, becomes divorced, legally separated, or eligible for Medicare benefits The dependant ceases to be eligible for coverage under the terms of the insurance plan pg. 24 The employee is deemed disabled under Social Security criteria Coverage for the employee and/or spouse and eligible dependents may terminate in the event he/she: Injury on the Job Workers’ Compensation Unemployment Compensation Retirement Plan Fails to make timely payments of all premiums Becomes covered under another group plan which has no pre-existing condition exclusions Becomes eligible for Medicare benefits Termination of all group health plans by BVARI Any work-related injury must be reported immediately to the employee’s supervisor. All compensated BVARI employees are covered under BVARI’s Workers’ Compensation Program in accordance with applicable State Laws. Those employees who encounter a life-threatening emergency within the main Medical Center building should call x33333; at the other sites employees should call 911 for assistance. BVARI will purchase and maintain Workers’ Compensation insurance for each employee for injuries sustained at work. The total cost of this insurance is paid by BVARI. The program covers most medical charges and may provide partial payment for lost wages until the employee is able to return to work. To ensure proper coverage, any injuries must immediately be reported to the employee’s supervisor and the form “Supervisor and Employee Report of Accident” must be completed within three working days and submitted to the Director of Human Resources. BVARI seeks to bring employees back to work as soon as medically feasible after an injury. To facilitate this, a modified work program may be implemented. Depending on the employee’s job, the company will try for a period of time to protect the job. However, BVARI will review each case individually to determine whether or not a position can be held open and for what duration. During a Workers’ Compensation leave of any length, Earned Time hours are not used, and are accrued for only the first 30 days of Workers’ Compensation leave. Benefits are paid in accordance with Massachusetts Law. Persons not working and receiving Workers’ Compensation must pay their portion of any insurance benefits they may be enrolled in with BVARI’s insurance provider during this time. BVARI provides an employee with unemployment benefits in the event he/she is laid off due to lack of work. The employee’s local Unemployment Office determines eligibility and the amount and duration of benefits. Employees are eligible to participate in the retirement plan after meeting the eligibility requirements listed below: Employer (non-elective discretionary) Contribution and Employer Matching Contributions: * Complete one year of service and 1000 hours worked during the previous plan year, as defined by the a document. pg. 25 * Attaining 21 years of age There is no minimum age and service requirements for Employee Contributions The plan does not allow participation by employees who are: * Non-Resident aliens * Employees who normally work less than 20 hours per week. * Employees who elect to make a one-time election to participate in a nongovernmental plan described in 414(d) instead of a 403(b) annuity plan. Entry Dates: Upon meeting the eligibility requirement you may enroll in the plan on the following dates: * For employee pre-tax contribution employees are eligible to enter the plan on their date of hire. * For employer non-elective contributions and employer matching contributions employees may enter on the following entry dates: January 1st, April 1st, July 1st, and October 1st Your Contributions: Through payroll deductions you can make pre-tax contributions from your eligible pay. There is no minimum amount that you must elect to contribute. You may also make Roth after-tax contributions from your eligible pay. The plan does not limit the amount of compensation that you can elect to contribute. Pre-Tax contributions and Roth contributions that are deferred from your compensation are subject to the dollar limit for the calendar year as provided by law. You may also make Roth after-tax contributions from your eligible pay. The plan does not limit the amount of compensation that you can elect to contribute. If you reach age 50 during the calendar year you are also eligible to make catch-up contributions in addition to the normal maximum dollar limit. These limits may be increase from year to year. Please check with the Plan Representative on the limit for the current calendar year. Changes to your election to contribute will be governed by either your plan document or your employer’s administrative policy. Rollover: The plan will accept rollover contributions from other eligible plans. pg. 26 Distributions: Money may be disbursed from your plan account in these events: * Death * Disability * Termination of service See your summary plan description for more details about taking a distribution from the plan. Be sure to talk with your tax advisor before taking a distribution of money from your plan account. Financial Hardship Withdrawals: Hardship withdrawals are permitted from this plan. A hardship can include: * Buying a house * Paying for college tuition and expenses * Paying certain medical expenses * Preventing eviction from or foreclosure on your home * Paying burial or funeral expenses * Paying expenses to repair damage to your home If you feel you are facing a financial hardship, you should see your Plan representative on the options available to you as defined in the plan. Loans: The Plan is intended to help you put aside money for your retirement. However, BVARI has included a plan feature that lets you borrow money from the plan. The amount the plan may loan to you is limited by rules under the tax law. The amount the plan may loan to you will be limited to the lesser of onehalf of your vested balance or $50,000. Employer Contributions to the Plan: The Plan also provides for your employer to make contributions. Employer Matching Contributions Your employer may make contributions that are based on the amount of employee pre-tax and Roth after-tax contributions that you elect to contribute. These matching contributions will be a discretionary amount to be determined by the Employer each plan year. Matching contributions will be made by BVARI on a quarterly basis. Employer Non-Elective Contributions The employer may make a discretionary contribution in an amount to be determined by the Employer each plan year. These contributions will be made annually to eligible participants. Vesting: Vesting refers to your “ownership” of a benefit from the plan. You are always pg. 27 100% vested in your plan contributions and your rollover contributions, plus earnings they generate. Employer contributions to the plan plus earnings they generate are 100% vested upon meeting eligibility requirements. Investing Plan Contributions: The plan is intended to be an ERISA Section 404© plan. This simply means that you “exercise control” over some or all of the investments in your plan account. The fiduciaries of the plan may be relieved of liability or responsibility, for any losses that you may experience as a direct result of your investment decisions. As a plan participant, you may request additional investment information from your plan representative. Account Information: You will receive a personalized account statement quarterly. This statement shows your account balance as well as any contributions and earnings credited to your account during the reporting period. You will also have access to an automatic voice response system designated to give you current information about your plan account. You can get up-to-date information about your account balance, contributions, investment options, and other Plan data. Participant Voice Response System: (800) 291-1585 Participant Website: https://www.myretirementfuture.com Participant Service Center: (800) 279-4015 Ext. 206 Investment Professional: Gary Najarian: AIG Advisors: Employee Assistance Program Transit Reimbursement pg. 28 (617) 243-0400 gnajarian@royalaa.com Summary Plan Description: The above highlights are only a brief overview of the Plan features and are not a legally binding document. You will also receive a Summary Plan Description (SPD) that contains more information. If there are discrepancies between the Plan Highlights and Summary Plan Description and the Plan Document, the Plan Document will govern. Please read it carefully and contact your Plan Representative if you have any further questions. The Employee Assistance Program (EAP) is designed to help employees effectively address and overcome problems such as alcohol and drug abuse, work and family pressures, and job stress which can adversely affect performance, reliability and personal health. This program is available to BVARI employees cost-free through Ceridian Corporation. The telephone number for services is (952) 548-5003. The Transit Benefit is designed to reduce congestion on the roads and ease the local parking situation. Employees will receive a registered Charlie Card, or request a Charlie ticket in the HR office of BVARI and the transit pass will renew monthly until such time, as you request to stop or terminate your position. At the end of the month, a payroll deduction for the difference of the Summary transit pass requested price and the BVARI contribution will be made. Benefit eligible part-time BVARI employees will receive a pro-rated percentage of the benefit based on hours worked. Please keep this manual where you can refer to it should you have any questions or suggestions regarding job-related matters. It is impossible for an employee manual to answer all questions or to anticipate all problems that may arise. BVARI will make every effort to address situations or problems not covered in this handbook in a consistent, equitable, and reasonable manner. Further, while BVARI intends to continue the policies and benefits described in this manual, this material is not to be considered a binding contract between the employer and the employee, and all of this material is subject to change at any time, with or without notice, at the sole discretion of BVARI. The rights to alter, amend, add or delete all or any part of this manual is expressly reserved by BVARI. pg. 29