TEAM MEMBER
2018
HANDBOOK
Welcome to our francesca’s® family! We are so
pleased that you have decided to join us and bring
your strengths and experiences to our growing team.
We look forward to our journey together as you
discover and add to our exceptional organization.
francesca’s® thrives on an entrepreneurial spirit that
embraces creativity and innovation. We celebrate
new ideas and value our team members’ hard work
and contributions as individuals and as part of a larger
team. Each member of our francesca’s® family has
the unique opportunity to impact the business daily;
our current and past successes are the direct results
of our team’s constant drive for results.
We wish you success in your new position and hope
you will enjoy a long and rewarding career with us.
Our History
Our Company was founded in 1999. We opened our first boutique in Houston, Texas that
same year and filled it with a winsome collection of hand-picked merchandise. Initially,
we focused on selling fashion jewelry, accessories and selected home décor. As our
boutique base grew across the United States, we expanded our merchandise offering to
include clothing, which has become our largest category and, we believe, a significant
driver of growing customer loyalty and return visits. In July 2011, we became a publicly
traded company. Women everywhere have fallen in love with us – so much so that we
now have over 700+ boutiques in 47 states across the country (and counting!). Guests
can also shop our merchandise offerings by visiting our online boutique, francescas.com.
About Us
francesca's® is a growing specialty retailer operating a nationwide-chain of boutiques that
provide customers a unique, fun and differentiated shopping experience. The
merchandise assortment is a diverse and balanced mix of clothing, jewelry, accessories,
shoes, and gifts. By offering a differentiated shopping experience and high-quality,
trend-right merchandise at a compelling value, our boutiques have been successful across
a wide variety of geographic markets and shopping venues.
Our boutiques offer an eclectic combination of carefully-curated clothing, bold
accessories, and playful gifts that are as fun to give as they are to receive. Our boutiques
reveal an array of new arrivals almost daily, so our guests always discover something
special during each visit. And because we are a boutique, we only carry a few of each
item, so everything is unique.
Our Mission
Surprise and delight every guest, every time!
Our Vision
francesca’s® is an inviting boutique serving the guest looking for personalized service,
with unique and stylish merchandise at a great value.
Our Values
Put People First
Win Together (and Learn Together)
Do What You Say
Be Outstanding
Love What You Do
09/19/2018
francesca’s® - Employee Handbook
Table of Contents
Overview .........................................................................................................................................8
Introduction ............................................................................................................................... 8
Section 1 - Employment Policies ...................................................................................................9
At-Will Employment ................................................................................................................. 9
Equal Employment Opportunity ............................................................................................. 9
OSHA Compliance Policy ....................................................................................................... 10
Accommodations Policy............................................................................................................10
Employee Self- Identification of Disabilities or Protected Status ....................................... 11
Code of Ethics and Conduct Policy ....................................................................................... 11
Insider Trading Policy ............................................................................................................ 11
Speaking to the Media............................................................................................................. 11
Policy against Harassment & Discrimination ....................................................................... 12
Procedure for Reporting Harassment & Discrimination .................................................... 14
Company Response to a Report of Harassment or Discrimination ................................... 15
Section 2 - Working with francesca’s® .......................................................................................17
Pre-Employment Verification ................................................................................................ 17
Employment Eligibility ........................................................................................................... 17
Introductory Period ................................................................................................................ 17
Conflicts of Interest ................................................................................................................. 18
Employment of Relatives ........................................................................................................ 18
Fraternization Policy............................................................................................................... 18
Personal Data ........................................................................................................................... 19
Open Door Policy .................................................................................................................... 19
Job Openings ........................................................................................................................... 19
Computer Use Policy ............................................................................................................... 20
Social Media Policy ................................................................................................................. 27
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Compliance with Related Policies and Agreements ............................................................. 27
Personal Use of Social Media ................................................................................................. 28
Business Use of Social Media.................................................................................................. 28
Guidelines for Employee’s Use of Social Media ................................................................... 28
Payment Card Industry Compliance ............................................................................................ 29
Respect Intellectual Property and Confidential Information ............................................. 30
Respect and Comply with Terms of All Sites Visited .......................................................... 30
Dress Code Overview .............................................................................................................. 31
Reimbursement of Business Expenses ................................................................................... 33
No-Solicitation Policy .............................................................................................................. 33
Smoke Free Workplace ........................................................................................................... 34
Substance Abuse Policy .......................................................................................................... 35
Violence and Threats in the Workplace ................................................................................ 36
Asset Protection ....................................................................................................................... 38
Mandatory Purse and Bag Check Policy ................................................................................38
Personal Safety & Security ..................................................................................................... 39
Working Safely ........................................................................................................................ 39
Weapons Policy ................................................................................................................................... 40
Section 3 - Compensation and Pay Policies ...............................................................................42
Employee Status ...................................................................................................................... 42
Pay Periods............................................................................................................................... 43
Direct Deposit .......................................................................................................................... 44
Money Network Services ..........................................................................................................44
Time Reporting ........................................................................................................................ 44
Meals and Breaks .................................................................................................................... 45
Lactation Breaks ..................................................................................................................... 45
Overtime ................................................................................................................................... 46
Business Hours ........................................................................................................................ 46
Emergency Closing & Severe Weather ................................................................................. 46
Emergency Reporting Pay ...................................................................................................... 47
Section 4 – Benefits, Benefit Time, Holidays and Leave ..........................................................48
Benefits ..................................................................................................................................... 48
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Group Insurance Coverage Eligibility .................................................................................. 48
Workers’ Compensation ......................................................................................................... 48
Modified Duty .......................................................................................................................... 49
Employee Merchandise Discount........................................................................................... 49
Holiday Pay .............................................................................................................................. 50
Paid Time Off .......................................................................................................................... 51
Accruing PTO .......................................................................................................................... 51
Using PTO ................................................................................................................................ 52
PTO Request Procedure ......................................................................................................... 53
Maximum PTO Balance ......................................................................................................... 53
Employee Eligibility Change .................................................................................................. 54
PTO Payout Policy .................................................................................................................. 54
Sick Leave for Employees Not Eligible for PTO ....................................................................54
Bereavement Pay ..................................................................................................................... 54
Jury Duty and Witness Duty .................................................................................................. 55
Leaves of Absence ....................................................................................................................55
Family & Medical Leave Act (“FMLA”) ....................................................................... 55
FMLA Eligibility Requirements ............................................................................................ 56
FMLA Leave Entitlement ....................................................................................................... 56
Length of Leave ....................................................................................................................... 56
Intermittent or Reduced Leave .............................................................................................. 57
Notification and Medical Certification .................................................................................. 57
Job Restoration ........................................................................................................................ 58
Coordination with Workers’ Compensation ........................................................................ 59
Maintenance of Health Benefits ............................................................................................. 59
Fraudulent Representation .....................................................................................................60
Modified Duty and Accommodation of Disabilities ............................................................. 60
Personal Leave of Absence ......................................................................................................60
Unpaid Leave ........................................................................................................................... 62
Military Leave ......................................................................................................................... 62
Parental Leave ........................................................................................................................62
Section 5 – Attendance, Behavior, Conduct and Performance ................................................66
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Employee Availability ............................................................................................................. 66
Punctuality and Timeliness .................................................................................................... 66
Unexcused Absences ................................................................................................................ 66
Performance Reviews .............................................................................................................. 67
Corrective Action .................................................................................................................... 67
Resignation............................................................................................................................... 67
Involuntary Separation ........................................................................................................... 68
Termination Procedure........................................................................................................... 68
Job Abandonment ................................................................................................................... 68
Employment Verification and References ............................................................................ 68
Re-employment Policy ............................................................................................................ 69
Confidentiality Policy .............................................................................................................. 69
Arbitration ................................................................................................................................70
Standards of Conduct ............................................................................................................. 71
We Are Serious About Our Standards.................................................................................. 72
09/19/2018
OVERVIEW
Introduction
The Team Member Handbook (“Handbook”) is intended to provide each team member
(“employee”) with general information about important procedures, practices,
employment policies and benefits currently in effect at Francesca’s Collections, Inc.,
(herein referred to as “the Company” or "the employer").
THIS HANDBOOK IS NOT A CONTRACT, EXPRESS OR IMPLIED. Employment at
the Company is at the mutual consent of the Company and the employee. Neither the
Handbook nor any other communication by any supervisor or other Company
representative gives an employee any contractual right, expressed or implied, to remain
employed by the Company. Accordingly, the employee may resign, or the Company may
terminate the employment relationship at any time, with or without reason, cause, or
notice.
No supervisor or other Company representative has any authority to enter into an
agreement for or confer any contractual right, expressed or implied, for employment for
a specific period of time. The provisions of this Handbook supersede any contrary
statements or representations of supervisory personnel.
The procedures, practices, policies and benefits described in the Handbook may be
modified or cancelled by the Company at any time. However, the at-will nature of
employment cannot be modified or cancelled except in an express written contract signed
by the employee and Company CEO. The Company will try to inform employees of
changes to the Handbook but may not always be able to do so. This Handbook supersedes
all prior employee handbooks and all prior policies and procedures on the subjects
covered in this Handbook.
Nothing in this Handbook shall interfere with any employee communications with a
federal, state, or other governmental agency, such as the right to file a charge with the
Equal Employment Opportunity Commission (“EEOC”) or National Labor Relations Board
("NLRB") or any similar state, local or other governmental or law enforcement agency
and to participate in an administrative investigation or proceeding conducted by the
EEOC, NLRB, or any such agency.
The employee is expected to read this Handbook carefully and thoroughly, keep it for
future reference, and follow all of the policies and procedures. The Handbook is
considered to be Company property, and the employee therefore must return it to the
Company upon termination of employment. Any questions regarding the Handbook or
personnel policies and procedures should be directed to the employee's supervisor or the
Human Resources Department.
Overview
09/19/2018
8
SECTION 1 - EMPLOYMENT POLICIES
At-Will Employment
EMPLOYMENT IS ON AN “AT-WILL” BASIS; therefore, either the employee or the
Company is free to terminate the employment relationship at any time (with or without
reason, cause or notice) for any reason or for no reason. Nothing in the Handbook or in
any other document or oral statement shall limit the right to terminate employment at
will. Only the CEO of the Company, or his or her designee, may execute a written and
signed agreement that modifies an employee’s at-will status; no other express or
implied agreements concerning the terms, conditions or duration of an individual’s
employment with the Company are binding with the Company.
Equal Employment Opportunity
The Company is an equal opportunity employer. It is the policy of the Company to comply
with all applicable equal employment opportunity laws and, thereby, make employment
decisions on the basis of individual merit, qualifications and abilities, and without regard
to characteristics protected by law. Examples of protected characteristics under federal
laws that may be applicable to the Company, include but are not limited to race, color,
religion, national origin, sex, age over 40, qualified disability, protected citizenship,
pregnancy, genetic characteristics, protected veteran status, and other characteristics as
specifically defined by applicable laws. Examples of protected characteristics under state
or local laws that may be applicable to the Company, depending on an employee's work
location and other factors, may include, but are not necessarily limited to, such
characteristics as religious creed, ancestry, sexual orientation, gender identity and
expression, marital status, medical condition, certain criminal history, and childbirth,
breastfeeding, and medical conditions related to breastfeeding and childbirth.
The Company will not unlawfully discriminate against any applicant, intern or employee.
In addition, it is against Company policy to refuse to do business with, discriminate
against or harass any independent contractor, customer, supplier or other business
associate based upon these characteristics or any other characteristic protected by
applicable federal, state or local law.
If you believe you have been discriminated against in any manner with respect to the
terms and conditions of your employment, please contact Human Resources. An
investigation will ensue and will be kept as confidential as possible. Any employee found
to have engaged in unlawful discrimination will be disciplined, up to and including
termination from employment.
Section 1 – Employment Policies
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9
OSHA Compliance Policy
The Company intends to comply with all applicable federal and state Occupational Safety
and Health Act “OSHA” requirements and requires employees to immediately report to
their supervisor and/or the Human Resources Department conditions believed to be
unsafe or unhealthy. In addition, employees must report any workplace injury or illness
to their supervisor and/or the Human Resources Department, no matter how minor it
may seem. Employees shall not be retaliated against in any way for reporting such
conditions, injuries or illnesses. Complaints of retaliation should be reported to the Human
Resources Department or EthicsPoint.
Accommodations Policy
Disability Accommodation
The Company complies with the Americans with Disabilities Act of 1990 (“ADA”) and
applicable state and local laws regarding disabilities and ensures equal employment
opportunity for all qualified individuals with disabilities. The Company will make
reasonable accommodations for qualified individuals with known disabilities unless doing
so would result in an undue hardship. If an employee has a disability that affects his or
her ability to perform the essential job duties, the employee should contact the Human
Resources Department to discuss what reasonable accommodations the Company might
make in order for him or her to safely and effectively perform his or her job. A statement
from the employee’s physician describing the nature, extent, frequency and duration of
the disability and/or limitations will be required in order for the Company to assess
whether and to what extent it can reasonably accommodate the condition.
When leave is requested, the Company will notify the employee of the requirement for
medical certification and when this certification is due. Medical certification forms may
be obtained from the Human Resources Department.
If you believe that you need an accommodation, please advise Human Resources of the
nature of your work restrictions and the nature of accommodations you believe are
necessary to enable you to perform the essential functions of your job. Any information
regarding a disability will be kept confidential to the extent required by law.
Pregnancy Accommodation
The Company will not discriminate against an employee because she is pregnant or treat
an employee that it knows is pregnant differently from a non-pregnant person whose
ability or inability to work is similar to that of the pregnant employee. “Pregnancy” means
“pregnancy, childbirth, or medical conditions related to pregnancy or childbirth, including
recovery from childbirth.”
The Company will provide certain reasonable accommodations in the workplace to
pregnant employees upon the advice of a physician. If you believe that you need such
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10
an accommodation, please advise Human Resources. Any information regarding the
foregoing will be kept confidential to the extent required by law.
Religious Accommodation
The Company will attempt to make reasonable accommodations for employee observance
of religious holidays and sincerely held religious beliefs unless doing so would cause an
undue hardship on Company operations. If you desire a religious accommodation, you
are required to make the request in writing to your supervisor as far in advance as
possible.
Employee Self- Identification of Disabilities or Protected
Status
Any employee who wishes to self-identify as an individual with a disability, a disabled
veteran (receiving VA disability or released because of service disability), a Vietnam Era
Veteran (served between August 5, 1964 and May 7, 1975 and was on active duty for
more than 180 days), or a member of any other protected class should contact the Human
Resources Department. Please be aware that providing this information is voluntary.
Refusal to provide this information will not subject the employee to adverse treatment.
Any information given will be kept confidential and used only in accordance with
applicable laws.
Code of Ethics and Conduct Policy
All employees are subject to the Code of Ethics and Conduct Policy. Each employee is
responsible for reviewing and acknowledging the policy. Employees who have questions
about the policy should contact the Human Resources Department. The complete policy
is available through Workday upon hiring or to existing employees on FranYOU under
Human Resources.
Insider Trading Policy
All employees are subject to the ‘Insider Trading Policy.’ Each employee is responsible for
locating the policy and reading it in its entirety. Employees who have questions about the
policy should contact the Human Resources Department. The complete policy is available
on FranYOU under Human Resources.
Speaking to the Media
To ensure all practices and information concerning the Company are accurately and
appropriately conveyed to the general public, all Company statements and press releases
are coordinated by the Legal Department. No employee shall communicate, as a Company
Section 1 – Employment Policies
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11
representative, with any member of the press or media without prior authorization of the
Legal Department. On receiving an inquiry from the media, employees should respond as
follows: “I am not authorized to speak on behalf of francesca’s. Let me ask our Legal
Department to contact you.” All Company press releases must be approved by the Legal
Department. These guidelines allow the Company to maintain control of what Companyspecific information is shared with external publications and other third parties and to
ensure current, accurate information is provided. It also ensures compliance with our
confidentiality obligations and our disclosure requirements under securities laws and
Securities and Exchange Commission rules.
Policy against Harassment & Discrimination
It is the policy of the Company that all employees should be able to enjoy a work
environment free from all forms of unlawful discrimination and harassment, including
sexual harassment. This policy applies to all employees and workers, regardless of
classification or length of service. This policy applies to all areas of employment, including
hiring, training, promotion, assignments, transfer, compensation, discipline, access to
benefits, and discharge.
Unlawful discrimination is prohibited. The Company strictly forbids unlawful
discrimination. Employment decisions (such as hiring, promotion, compensation, layoff or
termination, and other terms and conditions of employment) may not be based on a
person’s legally protected characteristics. Applicants and employees may not be treated
differently from other applicants and employees on the basis of any legally protected
characteristic.
Unlawful harassment is prohibited. The Company strictly forbids unlawful harassment
by employees, non-employees, and Company customers, vendors, etc. Unlawful
harassment prohibited by this policy includes, but is not limited to, verbal or physical
conduct based on any legally protected characteristic. Such conduct may include, but is
not limited to, jokes or comments, even when they are not intended to cause offense.
In accordance with this policy, the following will not be tolerated:
•
•
Conduct that unreasonably interferes with the ability of any employee or nonemployee to perform their expected job duties. This includes extending welcome
or unwelcome attention and/or hostility to someone based on a protected
characteristic, including that which is sexual in nature, which thereby reduces
personal productivity or time available to work at assigned tasks.
Conduct which creates an intimidating, hostile, or offensive work environment.
This includes unwelcome or unwanted conversations, suggestions, requests,
demands, physical contacts or attentions that are sexual in nature or based upon
any other protected characteristic.
Section 1 – Employment Policies
09/19/2018
12
•
Rejection or submission to sexual favors as the implicit or explicit basis for
decisions
concerning
one's
employment,
assignment,
advancement,
compensation, or any other condition of employment.
Definition of Harassment
Unlawful harassment includes, but is not necessarily limited to:
•
•
Unwelcome sexual advances; requests for sexual favors; or other verbal, visual,
or physical conduct of a sexual nature.
Slurs, jokes, or other verbal, visual, or physical conduct relating to an individual's
race, color, gender/sex, religion, national origin, age, disability, sexual orientation,
marital status or any other characteristic protected by applicable state, local or
federal law.
Sexual or other unlawful harassment of our employees by anyone, including any
supervisor, co-worker, vendor, customer or visitor, based on a protected characteristic
will not be tolerated.
Sexual harassment is illegal and includes:
•
•
•
Unwelcome sexual advances, requests for sexual favors, and all other verbal or
physical conduct of a sexual or otherwise offensive nature, even if an employee
suffers no adverse consequences and/or is otherwise treated well, as long as the
actions of the harasser are found to be offensive, including where:
o
Submission to such conduct is explicitly or implicitly made a term or
condition of employment;
o
Submission to or rejection of such conduct is used as the basis for decisions
affecting an individual's employment; or
o
Such conduct has the purpose or effect of creating an intimidating, hostile,
or offensive working environment.
Offensive comments, jokes, innuendoes or other statements of a sexual or genderbased nature.
Favoritism between a supervisor and subordinate based on an intimate/sexual
relationship or desire for the same.
The Company further defines harassment as follows:
•
•
Unwelcome or unwanted sexual advances. This includes patting, pinching,
brushing up against, hugging, cornering, kissing, fondling, or any other similar
physical contact considered unacceptable by another individual. This also includes
leering or staring at another individual in a sexual manner or making other sexual
gestures towards an individual.
Requests or demands for sexual favors. This includes subtle or blatant
expectations, pressures or requests for any type of sexual favor accompanied by
Section 1 – Employment Policies
09/19/2018
13
•
•
•
an implied or express promise of preferential treatment or negative consequence
concerning one’s employment status.
Verbal abuse, jokes or kidding that is sexual in nature or based upon a protected
characteristic and is considered offensive by another individual. This includes
commenting about an individual’s body or appearance where such comments go
beyond mere courtesy; telling “dirty jokes” or jokes based upon a protected
characteristic that are clearly unwanted and considered offensive by others; or any
other tasteless or offensive comments, innuendoes or actions based upon sex or
any other protected characteristic.
Engaging in any type of sexual or gender-based conduct that would reasonably
interfere with another employee’s work performance. This includes extending
welcome or unwelcome sexual attentions or sex-based hostility to someone which
reduces personal productivity or time available to work at assigned tasks.
Creating a work environment that is intimidating, hostile or offensive. This
includes unwelcome or unwanted conversations, suggestions, requests, demands,
physical contacts or attentions that are sexual in nature or based upon any other
protected characteristic.
Employees who violate this policy are subject to disciplinary action up to and including
immediate discharge.
The Company's anti-harassment policy applies to all employees of the Company
(regardless of title, position, job responsibilities, or status). No employee is exempt from
this policy or permitted to engage in any conduct that violates this policy. Any questions
or concerns about this policy or its enforcement should be immediately directed to Human
Resources.
Procedure for Reporting Harassment & Discrimination
If any employee encounters conduct he or she believes is in violation of this policy
(including, but not limited to harassment, discrimination, or otherwise inappropriate
behavior), the conduct should be reported immediately to the Human Resources
Department or any management official up to and including the CEO of the Company. An
anonymous report may be made by contacting EthicsPoint via telephone at 1-877-5163383 or online at francescas.ethicspoint.com.
•
•
The complaint will be documented and promptly investigated, and if it is
determined that unlawful conduct has occurred, appropriate remedial action will
be taken.
Witnesses and victims of the alleged conduct shall not be retaliated against in any
way for making a complaint or cooperating in an investigation. Complaints of
retaliation should be reported to the Human Resources department or EthicsPoint.
Section 1 – Employment Policies
09/19/2018
14
•
In so far as is practical, the complaint and information provided in support of the
complaint will be treated as confidential and will not be disclosed unless reasonably
necessary or appropriate for a thorough investigation, or in the event of litigation
or administrative proceedings.
If an employee feels that he or she is being discriminated against, harassed or retaliated
against, he or she should immediately report the facts to the Human Resources
Department or EthicsPoint. The employee must report the matter as soon as possible so
the Company can act promptly.
The Company cannot resolve a discrimination, harassment or retaliation problem unless
it knows about the problem. Therefore, it is the employee’s responsibility to report the
conduct so appropriate steps can be taken.
Any employee, including a Supervisor, who receives a complaint or is aware of conduct
that may be a violation of this policy, must immediately report it to the Human Resources
Department or Ethics Point. The employee must report the conduct even if he or she is
unsure about whether questionable conduct might violate this policy.
Company Response to a Report of Harassment or
Discrimination
Complaints are taken seriously and will be investigated promptly and as confidentially as
possible. Following an investigation, the Company will make a determination and
communicate its decision to the complaining employee and person who allegedly violated
the law or this policy. If it is determined the alleged violator has violated the law or
Company policies, appropriate corrective action will be taken, up to and including
termination of employment.
Under no circumstances will an employee who in good faith reports alleged incidents of
harassment, discrimination or any other conduct in violation of this policy or applicable
law to the Company or to any outside governmental agency, or who cooperates in a
proceeding or an investigation of any such report, be subjected to any form of reprisal or
retaliation on account of his or her having made such report or cooperated in such
investigation. Any employee who feels that he or she has been subjected to such reprisal
or retaliation should report the reprisal or retaliation to the Human Resources Department
or EthicsPoint.
While the Company defends its employees’ right to work in an environment free of
unlawful discrimination, sexual or other unlawful harassment and unlawful retaliation, it
also recognizes that false accusations could have serious consequences. Accordingly, any
employee who is found, through the Company’s investigation, to have falsely accused
Section 1 – Employment Policies
09/19/2018
15
another of a violation of any policy in this Handbook will be subject to appropriate
disciplinary action, up to and including termination.
Section 1 – Employment Policies
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16
SECTION 2 – WORKING WITH FRANCESCA’S®
Pre-Employment Verification and Application
Prior to receiving an offer of employment, the Company requires applicants, including
external and internal applicants, for Sales Lead positions and above to go through the
criminal background check process. The Company reserves the right to use such
information when making employment decisions, including the denial or termination of
employment. The Company will comply with federal, state and local laws regarding
background checks and employment.
All applicants must apply for employment through Workday.
Employment Eligibility
The Company requires the following for employment eligibility:
•
•
•
The employee must be at least sixteen (16) years of age. In some locations,
employees under the age of eighteen (18) may be required to obtain work permits
or authorizations from their schools or government agencies before beginning
work.
Employees in a Sales Lead position and above must be at least eighteen (18) years
old.
Applicants must possess the legal right to work in the United States. Compliance
with the Immigration Reform Control Act of 1986 is required for all positions.
Introductory Period
The first ninety (90) days of employment is considered the Introductory Period and is
intended to give new employees the opportunity to demonstrate their ability to achieve
a satisfactory level of performance and to determine whether the new position meets
their expectations. The Company uses this period to evaluate employee capabilities, work
habits and overall performance.
Completion of the Introductory Period is not a guarantee of continued employment.
Employment is always on an “at-will” basis; therefore, either the employee or the
Company is free to terminate the employment relationship at any time, including during
or after the Introductory Period, with or without cause or notice.
The Introductory Period may be extended as needed.
Section 2- Working with francesca’s®
09/19/2018
17
Conflicts of Interest
Good business practice prohibits the Company from allowing conflicts of interest to exist.
The term “conflict of interest” includes but is not limited to:
•
•
•
•
Working for a vendor or supplier of merchandise or services to the Company.
Being on an advisory board for a vendor or company that sells similar merchandise.
Being a majority shareholder for a company that sells similar merchandise.
Seeking or accepting any gift from those doing business with or seeking to do
business with the Company.
During working hours, employees are expected to devote their full attention and efforts
to their job responsibilities and to act in all regards in the Company’s best interest. Full,
factual and timely disclosure of any situation which could be in conflict with the Company
is required. Failure to disclose an actual or potential conflict of interest may result in
disciplinary action, up to and including termination.
Please refer to the Code of Ethics and Conduct, which is available on FranYOU under
Human Resources.
Employment of Relatives
Relatives may not be employed in positions where one relative reports to the other. A
“relative” is anyone who is related to you or your spouse/domestic partner by blood,
marriage, or adoption as a spouse/domestic partner, parent, child, brother, sister, aunt,
uncle, cousin, nephew, niece, or grandparent or similar close personal relationship, such
as a fiancé’/fiancée or live-in significant other.
If two (2) employees who work in the same location, or are in a supervisor-subordinate
relationship, become involved in a close personal relationship or become related (for
example, if they get married), the Company reserves the right to transfer or reassign one
or more of the related employees to avoid an actual or perceived conflict of interest. If
transfer is not possible and an actual or perceived conflict of interest is found to exist,
one or both employees may be terminated to avoid the conflict.
Fraternization Policy
The Company strongly encourages employees to maintain professional relationships with
one another, and not to engage in romantic or sexual relationships with each other. Even
if employees have private relationships with each other during their off-duty times,
employees must conduct themselves in a professional and non-romantic manner in the
workplace at all times.
Section 2- Working with francesca’s®
09/19/2018
18
Any person who believes that he or she has been adversely affected by a workplace
relationship should report his or her concerns to the Human Resources Department or
EthicsPoint (see Section 1, Procedure for Reporting Harassment & Discrimination).
Any questions about this policy should be addressed to the Human Resources Department
or the Legal Department.
Personal Data
Employees are responsible for ensuring that they keep the Company informed of any
changes in name, address, telephone number, marital status, military, immigration status,
and emergency contacts.
Employees should use the self-service portal in Workday to update personal information,
including the following information: address, email address, cell or home telephone
numbers, emergency contact, tax information, dependent information, direct deposit
information, name change, marital status, immigration status, and military status. Some
information changes may require approval by the Human Resources Department.
Insurance beneficiary and names of dependents must be kept up to date in the Benefits
portal, also accessible via Workday.
Employee files are confidential and access to these files is limited. Any request to review
an employee’s own file must be submitted in writing to the Human Resources
Department.
Open Door Policy
The Company is proud to have an open door policy. Employees are encouraged to talk
with their supervisor at any time about work-related issues. When an employee has a
work-related grievance or complaint, the employee is encouraged to report it to his or
her supervisor. If the employee is not helped to their satisfaction or given the information
needed, the employee should speak directly with the Human Resources Department or
other management official.
Job Openings
Employees are encouraged to communicate their desires for advancement to their
supervisor. Employees interested in applying for open positions within the Company
should express their interest in the position to their supervisor.
Section 2- Working with francesca’s®
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When applying for a position in another boutique, the employee must go through the
standard application and interview process. The hiring supervisor will determine if the
employee is qualified and a good fit for the position and boutique.
Employees must be in good standing in order to transfer to another boutique or to move
to a new position. Transfer decisions are within the sole discretion of the Company.
Employees are not permitted to post any Company positions on any job website, including
but not limited to Indeed, Career Builder, or Monster, without prior approval from the
Human Resources Department.
Computer Use Policy
Company Equipment and Property
The Company recommends employees only bring to work those items which are
necessary for the employee’s job duties and to keep such items secured. The Company
is not liable for the loss of any items an employee brings to work. In addition, employees
should not have an expectation of privacy in items brought into the workplace, such as
tote bags, handbags and backpacks. The Company reserves the right to examine, open,
and search through such items with or without cause or notice.
Employees may be issued, assigned, or otherwise permitted to use the Company’s
equipment or property in order to perform their job duties. Any lost or stolen equipment
must be immediately reported to the Company but no later than twenty-four (24) hours
after discovery. The Company reserves the right to inspect and/or audit any Company
property or related equipment at any time with or without notice.
Computer Resources Use Policy
The Company’s electronic communication and information systems (email and voicemail
systems, fax machines, telephones, computers, networks, servers and Internet access)
are part of the Company’s business equipment and should be used for Company purposes
only.
While incidental personal use is permitted during non-working time, EMPLOYEES DO
NOT HAVE A PERSONAL PRIVACY RIGHT IN ANY MATTER CREATED, SENT OR
RECEIVED FROM THE COMPANY’S COMPUTER RESOURCES. The Company
expressly reserves the right to access, inspect, monitor, copy, remove, delete and/or
disclose any and all hardware, software, applications, documents, data, messages or
other files generated, used or stored on the Company Computer Resources in its absolute
discretion and without the employees’ prior knowledge, consent or authorization.
Section 2- Working with francesca’s®
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The phrase “Computer Resources” means computers, telephones, facsimile machines and
any other communication tool provided by or paid for by the Company and used by
employees. Examples of Computer Resources include PC’s, Macs, mainframes, local area
networks (LANs), wireless networks (Wi-Fi), workstations, stand-alone computers,
laptops, tablets, software, telephones, cell phones, smart phones, PDA’s, wireless data
cards, storage devices (flash drives, external hard drives, etc.), voicemail, electronic mail
systems, and internal or external communication networks and servers and/or services
(including Internet access, commercial on-line services, instant messaging, bulletin
boards systems, and the Company social media channels).
The following are general guidelines for the use of the Company’s information systems
and Computer Resources. In addition to the Handbook, employees may be required to
sign individual policies to use Company property or equipment.
Electronic Media Usage
The Company provides Computer Resources to assist employees in the performance of
their jobs and as such Computer Resources shall be used for proper purposes only. This
means that use of Computer Resources must directly relate to the conduct or furtherance
of the Company’s business. However, the Company recognizes that a need may
occasionally arise for employees to use one or more Computer Resources for personal
reasons. Therefore, the Company permits reasonable, noncommercial use of Computer
Resources which comply with all Company policies, provided it is not abusive or excessive
and does not interfere with the employee’s ability (or any other Employee’s ability) to
perform his or her job. The determination as to whether personal use of Computer
Resources interferes with an employee’s job performance or is excessive is made by the
individual employee’s supervisor.
No communications should be created or sent that constitute intimidating, hostile, or
offensive material based on sex, race, color, ethnicity, national origin, age, familial status,
marital status, military status, religion, disability, sexual orientation, genetic information,
gender identity, pregnancy, or any other legally protected status. The Company’s policies
against sexual or other harassment apply fully to any email, voicemail, telephones,
computers or Internet usage, and any violation of these policies will be grounds for
discipline, up to and including termination of employment.
Telephone Use
•
•
•
•
Appropriate business etiquette is to be used.
Employees should limit the use of Company telephones for personal inbound or
outbound calls during regular working hours.
Long distance calls must only be for the purpose of official Company business.
Collect and third-party calls may not be charged to the Company.
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Cellular Phone Use
•
•
•
•
•
•
•
•
Employees should keep personal cell phone calls to a minimum while on active
duty.
Cell phones are not permitted on the sales floor.
While driving a car on Company business, employees must comply with all laws of
the state or location where driving, including laws regarding the use of cell phones
and electronic devices while driving.
All employees are strictly prohibited from text messaging, using the features of
a device (other than as a cell phone in conjunction with a hands-free
configuration), sending e-mails, viewing photographs or otherwise reading or
viewing any item on their device while driving a Company vehicle or a personal
vehicle while on Company business or time. Employees are solely responsible for
the consequences of any moving violation resulting from their use of a device while
driving.
Employees with access to Company data from their personal cell phone must
password protect their device and the device must lock itself with a password or
pin if it is idle for more than five (5) minutes.
The Company reserves the right to wipe a personal device if it is lost, the employee
terminates employment, or the IT Department detects a data or policy breach,
virus or similar threat to the security of the Company’s data and technology
infrastructure.
Lost or stolen personal devices with access to Company data must be immediately
reported to the Company but no later than twenty-four (24) hours after discovery.
Employees may not use their cell phones to access or utilize apps, photos or
games, stream movies or videos or engage in social media or other online activities
during their working time or otherwise while “on the clock.” Such conduct is
considered theft of time and will result in discipline, up to and including termination
of employment. Such activities must be limited to breaks or before or after work.
Email Use
All email communications, whether on a Company email address on any
computer or network, or a personal email address accessed on a Company
computer or network, are Company property and all Email Communications
are always accessible to the Company and open to review, even if personal in
nature.
Employees should treat email communications the same way as any other sensitive
communication and as being permanent in nature. If an Email Communication received,
created or sent by an employee is not appropriate for transmission via standard written
correspondence or for filing and later retrieval by third parties, then the Email
Communication should be considered inappropriate for transmission by email as well. All
employees should use email with the expectation that their Email Communication will be
Section 2- Working with francesca’s®
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subject to review by third parties. Email Communications may be disclosed by the
Company to parties outside of the Company, subject to certain communications which,
by law, are protected against disclosure, but, which the Company may waive. Employees
are strictly prohibited from sending Email Communication of a discriminatory, harassing,
intimidating, pornographic, sexually explicit or otherwise offensive nature. Employees
encountering or receiving such material, or other improper email communication, shall
immediately report such email communication to management, the Human Resources
Department, or The Network (see Section 1, Procedure for Reporting Harassment &
Discrimination).
The phrase “Email Communication” means the transmission, storage or receipt of any
information, data or other communication using the Company email system and includes
instant messaging.
Business Email Communications should be conducted using only the Company provided
email address. Employees are prohibited from conducting Company business via email
using third party email domains such as Google, Yahoo, Hotmail, etc. This includes
communications between employees. Employees should not use their non-Company
email to send or receive communication regarding Company business. Similarly,
employees may not use their Company email addresses or phone numbers to sign up for
non-business related alerts, online shopping, newsletters or other websites. Employees
should use their personal email accounts for such ventures.
Internet Use
Employees may have access to the Internet using Computer Resources (“Internet
Access”). At all times while using Computer Resources, including Internet Access,
employees shall abide by the following rules:
•
•
•
•
All communications shall be accurate.
Dissemination of information outside of the Company shall be limited to
information authorized for dissemination and/or generally available to the public.
No information that is confidential, considered to be “insider information” or
proprietary to the Company shall be disseminated.
Employees shall never present their personal views or opinions as being those of
the Company.
Internet websites should only be accessed if the site is relevant to the Company’s
business. Personal access to the Internet, on an employee’s own time and within
reasonable limits is allowed so long as such use does not interfere with the
employee’s ability to perform his or her job. However, in no event is any Company
Computer Resource to be used in any way to access, post or download material
from any site (including newsgroups, chat rooms, email accounts, instant
messaging and bulletin boards) where the principal content of the site is sexually
oriented, or where employees have reason to believe the information being
Section 2- Working with francesca’s®
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•
•
•
•
•
accessed may be malicious, contain pop-up ads or other content that may threaten
the data or technology infrastructure of the Company or is otherwise defamatory,
offensive, graphic, discriminatory, or irresponsible such as “hate” sites, or other
such sites.
Employees are not permitted to download software or programming labeled as
“shareware” or “freeware” or, unauthorized copies of copyright protected materials
(for example, music files and photographs).
Employees must always keep in mind that Internet Access is monitored by the
Company.
Employees are not permitted to access streaming audio, video content or any other
resources that could potentially affect network bandwidth including accessing sites
such as YouTube.com or Hulu.com.
Employees are prohibited from connecting Personal Equipment to the Company
wire or wireless network without prior approval.
Employees are not permitted to solicit for outside business ventures, personal
parties, social meetings, charities, membership in organizations, political causes,
religious causes, or other matters not directly related to Company business.
User Access
Employees are responsible for all activity involving their user ID and passwords.
Employees are prohibited from disseminating their user ID and passwords. Employees
are prohibited from using another employee’s user ID or password in any manner.
Wireless network information such as IP addresses, SSIDs or passwords are not to be
shared with any outside parties, vendors or unauthorized persons except in the case of
guest wireless networks. Employees should not leave their workstation with their
computer unlocked and accessible by another party.
All users share generic account credentials to authenticate into the network (get the
machine “on line”), and then use their unique ID and password to authenticate into the
POS system.
The identity of users is authenticated to the network and application systems through
passwords, or other authentication mechanisms, in compliance with entity security
policies. Where the system/application allows, passwords must be at least eight (8)
characters in length, complex with characters from at least three (3) of the four (4)
categories (upper/lower case, numbers, non-alpha) and be changed every one hundred
twenty (120) days or when requested by the IT Department.
Laptops, tablets and other devices may be encrypted by the IT Department. These
devices require an additional password to access the hard drive which shall not be shared
once it has been provided to the Employee. Employees are prohibited from changing the
hard drive encryption password and from making any other setting changes to the base
level system without approval from the IT Department.
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Remote access to the network may be provisioned by the IT Department depending on
certain access needs and permissions. In addition to a user ID and password a user may
also be set up with a second-factor of authentication (2FA) or multi-factor authentication
(MFA) which may require a specific application to be installed on the user’s personal
device. The application is used to authenticate in addition to the username and password
through push messages, text message PIN codes, generated PIN codes, or by receiving
a call and accepting the access. PIN codes and other authentication methods should not
be shared with any outside parties, vendors or unauthorized persons. If a user does not
wish to add these modifications to their personal device, they can decline remote access
to the network. Personal device security should follow the protections noted in this policy
under “Cellular Phone Use.”
Employees are responsible for following guidelines issued by the IT Department for
Computer Resources security and shall not disable anti-virus applications or similar
protections installed on such resources.
Confidential Data
All software and data created, received, stored or existing on Company Computer
Resources are confidential and proprietary to the Company. Employees shall not transfer
or disclose such data or software to anyone or use it in any manner other than for
business purposes. Employees should not transfer such data to non-Company personal
accounts, electronic devices, Personal Equipment or any other data storage devices or
media without prior authorization. Employees who utilize Computer Resources on nonCompany computers shall keep any and all Computer Resources segregated from their
personal or other files. Employees may not use non-Company Computer Resources to
access the Company network. This includes home computers, personal cell phones,
smart phones, games consoles, internet cafes and public computers. Employees may not
use personal computers, laptops or tablets to conduct Company business. Employees
shall return all Computer Resources (including all data files) to the Company immediately
upon termination of employment.
Software and Hardware Restrictions
Employees must always comply with all software licenses, copyrights, and all other
international, federal, state, provincial and/or local laws, regulations and statutes
governing intellectual property. Employees are strictly prohibited from downloading any
software from the Internet to Company issued Computer Resources. The Company will
not support software or other non-Company Computer Resources that are not installed
by the Company and the Company may remove any such non-Company Computer
Resources or personal data at any time. Employees are responsible for any failure of
Company Computer Resources that result from or because of: (1) download, installation,
alteration or modification of unapproved software on any Computer Resource or (2)
installation or connection of any Personal Equipment to any Computer Resource.
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Examples of “Personal Equipment” include monitors, keyboards, mice, scanners, personal
digital assistants, iPods, MP3 players, digital cameras, laptops and external storage
devices such as USB drives or external hard drives. Employees should not plug in Personal
Equipment into Company issued Computer Resources or the Company network without
prior approval from the IT Department. Employees may be responsible for the cost of
restoring Computer Resources to pre-damaged status. The Company is not responsible,
and therefore has no liability, for loss or damage to personal data, equipment or other
non-Company Computer Resources. Employees should obtain supervisor approval and
written authorization from the IT Department prior to the purchase of hardware or
software with Company funds. Compatibility, virus checks, and other security tools and
practices must be adhered to in all uses of Computer Resources.
No Expectation of Privacy
Computer Resources are Company property. It is important that each employee
understands that no employee shall have any expectation of privacy in connection with
their use of Computer Resources. This includes any data an employee may create, store,
send or receive on Computer Resources – even if personal in nature. It is equally
important that each employee understands that all use of Computer Resources and any
data generated or stored on Computer Resources may be monitored, reviewed, read and
retained by the Company. The Company may remove personal data from Computer
Resources at any time, for any reason or for no reason.
Employees are expressly advised that in order to prevent misuse, the Company reserves
the right to monitor, intercept, and review, without further notice, every employee’s
activities using the Company’s IT resources, computer, and communications systems,
including but not limited to social media postings and activities. This might include,
without limitation, the monitoring, interception, accessing, recording, disclosing,
inspecting, reviewing, retrieving, and printing of transactions, messages,
communications, postings, logins, recordings, and other uses of the systems as well as
keystroke capturing and other network monitoring technologies. Employees consent to
such monitoring by their acknowledgement of this policy and their use of such resources
and systems.
The Company also may store copies of such data or communications for a period of time
after they are created and may delete such copies from time to time without notice.
Employees must not use the Company’s IT resources and communications systems for
any matter that they desire to be kept private or confidential from the Company.
Any publicly available content regarding the Company on social networks may be
reviewed and monitored, regardless of whether or not the activity occurred during
business hours. It is important to remember that privacy settings do not always prevent
content from going viral and becoming publicly available.
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Any questions regarding the Computer Use Policy should be directed to the IT
Department. Violations of this policy may result in discipline, up to and including
termination.
Social Media Policy
The Company recognizes the Internet provides unique opportunities to participate in
interactive discussions and share information on particular topics using a wide variety of
social media. The Company encourages everyone to become brand ambassadors.
However, as the use of social media grows, the lines are blurred between what is public
or private, personal or professional. An employee’s inappropriate use of social media can
pose risks to the Company’s confidential and proprietary information and can jeopardize
the Company's compliance with applicable laws.
To minimize these business and legal risks, to avoid loss of productivity and distraction
from employees’ job performance, and to ensure the Company's IT resources and
communications systems are used appropriately as explained below, the Company
expects its employees to adhere to the following guidelines and rules regarding use of
social media.
The Company’s Social Media Policy applies to:
•
•
•
All social media platforms, including LinkedIn, Snapchat, Facebook, Instagram,
and Twitter.
Any personal blogs that contain postings about the Company’s business, products,
employees, guests, partners, or competitors.
Participation in any video related to the Company’s business, products, employees,
guests, partners, or competitors, whether created, posted or linked.
Nothing in this policy or the Handbook is intended to preclude or dissuade discussions
among employees about wages, terms and conditions of employment, or other legallyprotected activities. Nor shall anything in this policy or the Handbook interfere with any
employee communications with a federal, state, or other governmental agency, such as
the right to file a charge with the Equal Employment Opportunity Commission (“EEOC”)
or National Labor Relations Board ("NLRB") or any similar state, local or other
governmental or law enforcement agency and to participate in an administrative
investigation or proceeding conducted by the EEOC, NLRB, or any such agency.
Compliance with Related Policies and Agreements
All of the Company’s other policies that might apply to the use of social media remain in
full force and effect. Employees should always adhere to these policies when using social
media. Social media should never be used in a way that violates any other Company
Section 2- Working with francesca’s®
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policies. If an employee’s social media activity would violate any of the Company’s policies
in another forum, it will also violate them in an online forum. For example, employees
are prohibited from using social media to violate the following policies:
•
•
•
•
•
•
•
The Company’s IT resources and communications systems policies.
The Company’s confidentiality and proprietary rights policies.
The Company’s insider trading policies.
The Company’s ethics and standards of conduct policies.
The Company’s anti-harassment and anti-discrimination policies.
The Company’s privacy policies (for example, never access private password
protected sites of co-workers or other Company stakeholders or investors without
permission).
Violate any other applicable federal, state, or local laws.
No employee is authorized to provide an employment reference on behalf of the
Company. All such requests should be directed to The Work Number (see Section 5,
External Reference Request Policy). References appearing on social media sites such as
LinkedIn or Facebook must state unequivocally that they are made as a personal
reference and they do not in any way represent the Company or the position of the
Company.
Employees who violate the Company’s policies may be subject to discipline, up to and
including termination.
Personal Use of Social Media
Personal use of social media is never permitted during work hours by means of the
Company's computers, networks and other IT resources and communications systems or
by personal devices.
Business Use of Social Media
If employees are required to use social media as part of their job duties for the Company's
marketing, public relations, recruitment, corporate communications or other business
purposes, they may be required to participate in training before they do so. If an
employee encounters a situation on social media that he or she is uncertain about, contact
the Human Resources Department or Legal Department.
Guidelines for Employees’ Use of Social Media
The following sections of the policy provide employees with common sense guidelines
and recommendations for using social media. These guidelines are intended to add to,
not contradict, limit or replace, applicable mandatory rules, policies, legal requirements,
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legal prohibitions and contractual obligations. Employees are expected to follow all
guidelines in this policy regarding social media postings.
In order to make clear that the employee is not speaking on behalf of the Company,
employees should write in the first person and use their personal e-mail address when
communicating via social media. Employees should not post anonymously to social media
sites when the post could appear to be attributed to the Company, its affiliates,
customers, clients, business partners, suppliers, vendors or other stakeholders.
Anonymous posts can be traced back to the original sender's e-mail address.
Taking pictures or video of the backroom and posting to social media is prohibited in
order to protect employees and discourage theft and/or robbery. This prohibition in no
way prevents employees from taking such photos or videos in furtherance of protected
concerted activity such as documenting health and safety violations or documenting
unfair labor practices.
Employees may be personally responsible for what they communicate on social media.
Employees should remember that what they publish may be read by anyone (including
the Company itself, future employers, and social acquaintances).
Employees should use good judgment about what they post and remember that anything
they say can reflect on themselves and/or the Company. Employees must strive to be
accurate in their communications about the Company and remember that their
statements have the potential to result in liability for themselves or the Company. The
Company encourages professionalism and honesty in social media and other
communications.
Payment Card Industry Compliance
To ensure PCI (Payment Card Industry) compliance, all francesca’s employees that have
access to cardholder data or full payment account numbers on any website (e.g. Chase
ROL Chargebacks screen, Money Network Services) branded Visa, MasterCard, American
Express, or Discover must follow our Secure Cardholder Data Handling Policy.
•
•
•
•
Cardholder data or full payment account numbers may never be downloaded or
saved to any electronic storage method.
Cardholder data or full payment account numbers may never be printed.
Access to portals where credit card data is displayed must always be performed
on dedicated secured workstations (Chromebooks only).
Access to portals where credit card data is displayed should never be performed
on non-secured workstations or outside the company network.
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Violations or exceptions to this policy must be immediately reported to IT Director of
Infrastructure.
Respect
Intellectual
Information
Property
and
Confidential
The Company’s policies restrict employee use and disclosure of the Company's
confidential information and intellectual property. Beyond these mandatory restrictions,
employees should treat the Company's trade secrets and other confidential information
and intellectual property accordingly in their use of social media. In addition, employees
should avoid misappropriating or infringing the intellectual property of other companies
and individuals which may create liability for themselves and the Company.
To protect themselves and the Company against liability for copyright or trademark
infringement, where appropriate, employees should reference sources of particular
information posted or uploaded and cite them accurately. If employees have any
questions about whether a particular post or upload might violate the copyright or
trademark of any person or company (outside of "fair use" exceptions), they should
contact the Company’s Legal Department before making the communication.
Employees should not publish or share content regarding the proprietary
information listed below.
•
•
•
•
•
Financial or operational information
Corporate strategies or forecasts
Pricing information or comparisons
Legal matters
Personal information about customers
Nothing in this Handbook prohibits an employee from disclosing trade secret information
in confidence to a federal, state, or local government official, either directly or indirectly,
or to any attorney, so long as that disclosure is made solely for the purpose of reporting
or investigating a suspected violation of law. An employee also may disclose trade secret
information in a complaint or other document filed in a lawsuit or other proceeding, so
long as that filing is made under seal. Disclosure made under these conditions will not
expose an employee to criminal or civil liability under any federal or state trade secret
law. If any employee has any questions, he or she could contact the Legal Department.
Respect and Comply with Terms of All Sites Visited
Employees must not expose themselves or the Company to legal risk by using a social
media site in violation of the social media site’s terms of use. Employees should review
Section 2- Working with francesca’s®
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the terms of use of all social media sites they visit to ensure their use is in compliance.
Employees should pay particular attention to terms relating to:
•
•
•
•
Prohibitions or restrictions on the use of the social media site, including
prohibitions or restrictions on use for advertising, marketing and promotions or
other commercial purposes (for example, businesses must comply with Facebook’s
Page Guidelines before administering a promotion or offer).
Ownership of intellectual property used on, or information collected or generated
through use of, the site (for example, any of the Company's copyrighted material
and trademarks that might be posted on the site, or customer information the
Company collects through the site).
Requirements for licenses or other grants allowing use by the site owner and other
third parties of the Company's trademarks or other intellectual property.
Privacy rights and responsibilities of the site owner and users.
Dress Code Overview
The Company aims to create a welcoming boutique environment that embraces
individualism and self-expression in its employees. At the same time, employees are
ambassadors of the francesca’s brand, and each employee must use good judgment by
dressing in a manner that is presentable and appropriate while being mindful of the
fashions and trends offered in boutiques. We offer an employee discount to all employees,
which can be used to purchase brand-appropriate attire. To guests, francesca’s
employees are the “fashion experts”, so personal fashion choices should exhibit fashion
credibility. Employees must consider the professional nature of the boutique when
dressing for work. If employees have questions regarding the dress code, they should
ask their supervisor for clarification.
If an employee is dressed inappropriately, he or she may be asked to return home
to change. Employees will be asked to clock out for the time that they take to leave the
boutique.
General Dress Code Guidelines
Employees should keep the following guidelines in mind when dressing for work:
Clothing
•
•
Clothing with inappropriate or offensive logos or messages is not allowed.
Beach wear, sleep wear, and athletic wear are not permitted.
Footwear
•
Fashion sandals can be worn provided that they have a back.
Section 2- Working with francesca’s®
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•
Beach shoes, house slippers, flip flops, shower shoes, sneakers, Uggs, Toms, and
similar apparel are not permitted.
Tattoos/Piercings
•
•
Employees should treat tattoos as they would treat speech in the workplace – no
visible tattoos should contain hateful comments, lewd jokes, or swear words.
Employees should conceal excessive tattoos.
Absolutely no facial jewelry, including studs in the nose, is permitted while on the
sales floor.
Hygiene
•
Hair and makeup should be brand-appropriate.
Employees should follow general hygiene practices to ensure that breath, body odor, and
the like do not detract from their contributions to the business.
Female Style Attire
Employees who wear female style attire should dress in a way that mirrors the fashions
sold in the boutiques while maintaining a professional appearance at all times. Attire
guidelines are as follows:
•
•
•
•
•
•
•
Blouses may not reveal a bare midriff or contain a deep plunging neckline.
Shorts are allowed when worn with tights.
Dresses and skirts should be no more than 4 inches above the knee.
Leggings should not be worn as pants; employees may wear leggings with tunics
and dresses/skirts that are no more than 4 inches above the knee.
Strapless, spaghetti strap dresses and tops, and camisoles should not be worn
without a second layer.
Denim can be worn as long as it is in good condition and meets the “Denim
Guidelines”.
Jewelry should be worn as described in the “Bling Bin” policy in our Owner’s
Manual.
Male Style Attire
Employees who wear male style attire are encouraged to wear smart, fashionable attire
consistent with the stylish and professional environment of the boutique. Attire guidelines
are as follows:
•
•
•
•
Shirts should have a collar; t-shirts are not allowed.
Shirts must have sleeves.
Shirts must be tucked in with a belt.
Shorts are not permitted.
Section 2- Working with francesca’s®
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•
Denim can be worn as long as it is in good condition and meets the “Denim
Guidelines”.
Denim Guidelines
If employees choose to wear denim to work, they must follow the “Dressed Up Denim”
guidelines detailed in this policy. “Dressed Up Denim” allows for employees to wear denim
and be stylish while remaining within the polished and professional guidelines described
above. Employees should ask their supervisor if they have any questions regarding the
Denim Guidelines.
francesca’s denim should be worn with the following to create a fashionable and on-trend
look:
•
•
A blouse, collared shirt, or a fashionable top.
Accessories representative of the francesca’s brand.
The following should not be worn with denim jeans:
•
•
T-shirts of any kind.
Athletic shoes/sneakers.
If any employee requires a modification or exception to any part of this policy as a
reasonable accommodation for religious, medical or pregnancy-related reasons, please
contact Human Resources.
Reimbursement of Business Expenses
Employee expenses will be submitted through Workday (mileage/tolls/parking) or via an
Electronic Expense Report (meals and other pre-approved expenses) within 60 days of
incurring the expense. All employee expenses must be approved by the employee’s
supervisor prior to spending or committing the Company’s resources. Please refer to the
Boutique Owner’s Manual, which is located on FranYou, for specific direction. Fraud,
failure to comply with, or abuse of, the Company’s business expense and reimbursement
policies may result in discipline, up to and including termination of employment.
No-Solicitation Policy
In order to avoid disruption of Company operations, the following rules apply to
solicitation and distribution of literature and products on Company property for any
purpose other than Company business. For purposes of this policy, solicitation includes,
but is not limited to, examples such as: sales and raffle tickets, household goods, food
products or personal items, posting or distributing notices or other literature, and requests
for charitable contributions.
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Non-Employees
Persons who are not employed by the Company may not distribute literature or products
or engage in solicitation on Company property at any time.
Only persons who are current employees of the Company or who have specific business
with the Company may enter or remain on the premises, including customer locations in
the boutiques. Employees may not allow friends or relatives to remain on Company
premises except for a reasonable time while shopping as customers and may not allow
friends or relatives to enter back rooms or other non-customer areas of the boutiques.
Employees violating this policy may be subject to discipline, up to and including
termination of employment.
Company Employees
Employees may not post information or solicit for any reason or distribute literature,
products or services for any purpose during their working time or the working time of the
employee to whom the solicitation or distribution is directed. Employees may not
distribute literature at any time for any purpose in working areas.
Working Time
For purposes of the policy, “working time” includes the working time of the employee
doing the soliciting or distributing and the employee to whom the soliciting or distributing
is being directed. Working time does not include break periods, meal periods or any
other specified periods during the workday when employees are not engaged in
performing their work tasks.
Smoke-Free Workplace
The Company is a smoke-free establishment. Smoking is not permitted at any time in
Company work areas, including Company vehicles. This policy applies not only to
traditional smoking products, such as cigarettes, cigars and pipes, but also to all types of
tobacco use (such as chewing tobacco) as well as all smoking-related products such as
electronic cigarettes and vapor use.
Smoking outside the boutique is only permitted in compliance with the shopping center
or property management regulations. In an effort to maintain a clean entryway,
employees are to dispose of cigarettes or other smoking products in an appropriate
container and allow enough walk way space for guests to enter and exit the boutique
without inhaling smoke.
Smokers and Non-Smokers must comply with our break guidelines (see Section 3,
Compensation and Pay Policies).
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Substance Abuse Policy
The Company has a vital interest in maintaining a safe, healthful, and efficient workplace
for the benefit of its employees and customers. The use of alcohol or drugs may cause
avoidable injuries to employees, damage to property, and productivity losses.
The sale or consumption of alcohol on Company premises and/or working under the
influence of alcohol is absolutely prohibited with the exception of after-hours gatherings
hosted and approved by the Company. Employees are prohibited from being under the
influence of alcohol or illegal drugs while working or while on Company premises except
as noted above.
For purposes of this policy, “illegal drugs” means and includes (a) any drugs which are
illegal under federal, state or local law or (b) legally prescribed drugs not prescribed to
the user or (c) even where prescribed to the user, abuse or use of said drugs in a manner
inconsistent with the prescription or purpose for which the drugs were prescribed.
Furthermore, the possession, sale, or use of illegal drugs or controlled substances without
a prescription at any time is prohibited.
Upon reasonable suspicion, applicants for new positions and employees may be requested
at any time without notice and as a condition of employment to submit to alcohol/drug
testing. Further, the Company reserves the right at any time, without notice, to search
Company-owned property for illicit substances, even if that property is being used
exclusively by an employee. Employees have no expectation of privacy in any Companyowned, leased, operated or utilized briefcases, desks, lockers, storage units, vehicles or
other containers.
Employees who appear to be impaired while on the job may be asked to submit to a test
to determine whether they are under the influence of alcohol or illegal drugs. Tests that
may be used include (but are not limited to) blood tests and urinalysis.
The following conduct may result in disciplinary action, up to and including termination
of employment:
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Not consenting or submitting to any test required by the Company;
Not promptly reporting to a lab or other designated testing location;
Not fully cooperating in the administration of any test;
Having a positive finding of alcohol and/or any illegal drug on any test;
Falsifying any test, including but not limited to switching or adulterating any
sample submitted for testing; or
Engaging in conduct which reasonably appears to be a result of the use of alcohol
or illegal drugs, regardless of whether or not a test is administered, or the results
are positive, including but not limited to smelling of alcohol.
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Anyone working in a safety-sensitive position who is using prescription drugs that may
cause side effects which could impair his or her ability to perform his or her job without
posing a direct threat to safety (i.e. drowsiness or impaired reflexes or reaction time)
should inform Human Resources that they are taking such a medication (but need not
identify the specific medication or the diagnosis for which it is being taken).
Violence and Threats in the Workplace
The Company considers its people to be its most valuable asset, and it is the policy of the
Company to promote a safe environment for its employees. The Company does not
tolerate violent behavior, whether actual or threatened, that is directed at either
employees or the public.
No person shall engage in violent conduct or make threats of violence, implied or direct.
Violence includes, but is not limited to, threatening and intimidating behaviors, verbal
comments, physical abuse, use or threatened use of weapons of any kind, including but
not limited to guns, knives, mace, pepper spray, bringing any type of weapon onto
company property, vandalism, arson, sabotage or any other act that is deemed by
management to be inappropriate in this regard.
All threats shall be taken seriously and not dismissed as harmless, joking, or “blowing off
steam”, and will be dealt with appropriately.
Violations of this policy may result in disciplinary action, up to and including termination.
The following list is not intended to be all-inclusive but merely provide examples of
threatening behavior:
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Comments, statements or questions that are delivered in a face-to-face
conversation or by telephone, fax, email, conventional mail, text message, social
media or any other communication medium, that reasonably appear to the
Company to threaten, directly or indirectly, harm or injure;
Any sort of gestures or expressions that communicate a direct or indirect threat to
harm or injure;
Intimidating verbal or physical behavior; or
Stalking.
If any employee witnesses violent behavior or believes there is an imminent threat of
violent harm or injury, the employee should immediately call 911 and notify his or her
supervisor that he or she has done so. The supervisor should immediately notify the
Human Resources Department.
If any employee becomes aware of the potential of violence but does not perceive an
imminent threat of violent harm or injury, the employee should immediately notify his or
her supervisor who should immediately report to the Human Resources Department.
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Any employee who receives a protective order which lists the Company’s premises as a
protected area or otherwise protects the employee while in the workplace is required to
provide their supervisor and the Human Resources Department with a copy of such order.
All reports of workplace violence will be taken seriously and will be investigated promptly
and thoroughly. In appropriate circumstances, the Company will inform the reporting
individual of the results of the investigation. To the extent possible, the Company will
maintain the confidentiality of the reporting employee and of the investigation, but may
need to disclose results in appropriate circumstances, for example, in order to protect
individual safety. The Company will not tolerate retaliation against any employee who
reports workplace violence.
Any employee who violates this policy will be subject to immediate disciplinary action, up
to and including termination. If the violent behavior is that of a non-employee, the
Company will take appropriate corrective action in an attempt to ensure that such
behavior is not repeated.
The Company reserves the right to obtain and review an employee’s criminal conviction
record and related information and to use such information when making employment
decisions, but only to the extent permissible under applicable law.
Employees charged with any felony offense or misdemeanor offense involving a crime of
moral turpitude must disclose the charge(s) to their supervisor and the Human Resources
Department within five (5) calendar days after being charged whether or not the crime
was allegedly committed while on duty. A crime of moral turpitude includes, but is not
limited to:
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Murder;
Manslaughter;
Rape;
Spousal abuse;
Child abuse;
Kidnapping;
Robbery;
Aggravated assault;
Theft;
Fraud; or
Conspiracy, attempt, or acting as an accessory to a crime if the crime involved
moral turpitude.
Employees may be disciplined, up to and including termination, for failure to timely notify
the Company of pending charges. An employee who has been charged with or convicted
of a crime may be temporarily or permanently removed or reassigned from the
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employee’s position, and/or disciplined, up to and including termination. Decisions to
remove, reassign, or discipline an employee will be made on an individualized basis.
Asset Protection
Asset Protection is everyone’s job. All employees are responsible for ensuring the
protection and care of the Company’s assets, including people, property and information.
The Company has established policies and procedures for the boutiques to help ensure
employee safety and the protection of assets. The Asset Protection Department is
responsible for protecting the Company by developing and ensuring compliance with
these policies and includes activities such as:
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Point of Sale (POS) reporting including refunds, discounts, no sales and other
various transaction types
Physical inventory counts
Video surveillance of work areas
Boutique observations
Alarm reports
Inspecting employee work areas or property
Investigating anonymous tips and other sources of information
Instances of theft will result in termination and may lead to criminal prosecution.
If employees are unclear about the proper way to complete any transaction or perform
any function, they should contact their supervisors.
If an employee witnesses theft or any unsafe or unethical behavior, the employee must
report it to his or her supervisor or any member of the Asset Protection Department, or
they should contact EthicsPoint via telephone at 1-877-516-3383 or online at
francescas.ethicspoint.com.
Mandatory Purse and Bag Check Policy (“Fran-Scan”)
The Company reserves the right to inspect all personal belongings and purchased items
taken out of the boutique; this process is called a “Fran Scan.” A “Fran Scan” includes
the inspection of handbags, lunch bags, shopping bags, wallets, cosmetic bags, etc. All
employees, including any Home Office visitors, must receive purse and/or bag checks any
time they are working in the boutique.
An employee may be asked to remove personal belongings and/or empty pockets so as
to clearly see the contents. These measures are in place to ensure inventory control,
profit growth, and employee safety. The Company suggests that employees only bring
into the boutique what is necessary for their shift.
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•
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All employees must receive a purse/bag check at the door before exiting the
boutique. This includes breaks and lunches (anytime an associate or supervisor
leaves the boutique).
The supervisor on duty must perform the purse and/or bag check. The supervisor’s
purse and/or bags must be checked by another employee.
Removal of any property from a Company location without authorization is considered
theft. Employee theft is not tolerated, nor is failure to report employee theft. All
instances of theft will result in disciplinary action, up to and including employment
termination and may lead to criminal prosecution.
An employee’s consent to a Fran Scan search is required as a condition of employment.
An employee’s refusal to consent may result in termination of employment.
Personal Safety & Security
The Company strives to provide a safe and secure place to work for all employees.
However, employees should be aware of security and personal safety risks and take
appropriate precautions.
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Any threatening statements or violent actions will not be tolerated and may result
in disciplinary action, up to and including termination. Threats or violence will be
treated seriously and reported to Law Enforcement.
Employees should take all valuables out of their cars and lock their doors.
Employees should secure any valuables brought to work in the back room.
When working after hours, employees should leave with other employees.
Employees should always be aware of their surroundings.
Employees should report immediately any suspicious activity to management or to
their supervisor.
Employees should call the police if they observe any suspicious activity around the
boutique during or after normal business hours.
Working Safely
The Company cares about employee safety and is committed to providing a safe work
environment. To ensure the safety of all our employees, we will make every reasonable
effort to provide a safe, healthy and accident-free environment. As a condition of
employment, each employee must participate in creating a safe work space by keeping a
clean and neat work area, speaking up about safety concerns, and reporting any
accidents as soon as they occur. Each employee should follow these standards:
•
Employees should ensure work areas are properly lit.
Section 2- Working with francesca’s®
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•
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Employees must immediately report any building issues to SPOC in order to
prevent potential safety hazards.
Computer or power cords should be properly stored to prevent tripping hazards.
Spills should be cleaned up immediately to prevent a slip hazard.
Employees should report any depleted supplies in first aid kits so they may be
restocked.
Employees should avoid taking on a job that seems unsafe or that they are not
trained to perform.
Employees should contact their supervisor with any safety or security concerns.
Employees should immediately report any accident or safety incident to a
supervisor or the Human Resources Department.
All accidents and safety incidents must be documented in Wazagua and will be
investigated.
Failure of an employee to immediately notify his or her supervisor or the Human
Resources Department of an accident or safety incident may result in corrective action,
up to and including termination. All accidents or safety incidents must be reported in
Wazagua as soon as possible and no later than seventy-two (72) hours following the
accident or incident. An employee who is involved in an accident or safety incident while
at work may be required to submit to a drug test if impairment is suspected.
Weapons Policy
In order to ensure a safe environment for employees and guests, francesca’s prohibits
the carrying, transporting, and or storage of any firearms or other potentially dangerous
weapons in our boutiques. Any employee in possession of a firearm or other dangerous
weapon while on francesca’s property or while otherwise fulfilling employment
responsibilities may be subject to disciplinary action up to and including termination of
employment.
Possession of a valid state issued concealed carry permit is not an
exemption to this policy.
Definition
Firearms or other dangerous weapons includes but is not limited to:
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Any firearm that can launch a projectile by means of an explosive;
Simulated firearms powered by gas or compressed air;
Manually operated devices that can launch a projectile (ex: slingshot);
Knives that are spring loaded or can be opened by outward or downward thrusts;
or
Any instrument that can be used or be perceived to pose a reasonable risk of
injury.
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Exemptions
This policy does not apply to:
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Any law Enforcement personnel engaged in official duties;
Any security personnel engaged in official duties; or
Any military personnel engaged in official State or Federal Government duties.
Section 2- Working with francesca’s®
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41
SECTION 3 – COMPENSATION AND PAY POLICIES
Employee Status
The Company has three (3) categories of employees: full-time, part-time, and seasonal.
All employees, regardless of classification, status or length of service, are required to
meet and maintain the Company standards for job performance, dress, and behavior. It
is the objective of this section to clarify the definitions of employment classifications so
employees understand their employment status.
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Full-time Employees: “Full-time” employees are employees of the Company
who work in regular, as opposed to temporary, positions that require a regular
schedule of at least thirty (30) hours in each workweek. Full-time status
determines eligibility for health insurance and other benefits.
Part-time Employees: “Part-time” employees are employees of the Company
who are neither Full-time nor Seasonal employees and are not guaranteed any
number of hours per week.
Seasonal Employees: “Seasonal” employees are employees who are hired to
work for a specified period of time, typically not exceeding four (4) months.
Seasonal Employees are not guaranteed any number of hours per week.
In addition to the above, all employees are further classified as “Non-exempt” or “Exempt”
based upon their job functions.
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Non-exempt: “Non-exempt” employees are compensated on an Hourly basis and
must submit their hours worked in Workday. Non-exempt employees are eligible
for overtime pay.
Exempt: “Exempt” employees function in executive, administrative, or
professional positions and are compensated on a salaried basis. As defined by the
Fair Labor Standards Act (“FLSA”) and applicable state laws, such employees are
exempt from overtime requirements of the FLSA and state law. Exempt employees
are paid a fixed salary without regard to hours worked. Exempt employees are not
entitled to overtime pay.
“Hourly” refers to the way pay is calculated based on the number of hours actually
worked. An Hourly employee may be Exempt or Non-exempt, Full-time, Part-time or
Seasonal Employees.
“Salaried” refers to the way pay is calculated based on a weekly basis and is not based
on number of hours worked. Exempt employee weekly salaries are not subject to
reduction or deduction except in specific enumerated circumstances permitted by
applicable law. However, salaried employees will not be paid for days not worked in the
following circumstances:
Section 3- Compensation and Pay Policies
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42
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When the employee takes one or more full days off for personal reasons other
than sickness or disability, the employee will not be paid for such day(s) of
absence. The employee may use available PTO to make up for the reduction in
salary;
When the employee takes one or more full days off from work due to sickness or
disability, the employee will not be paid for such day(s) of absence. The employee
may use available sick time (if applicable) or PTO to make up for the reduction in
salary;
When the employee works only part of the week during his or her first and last
week with the Company, the employee will be paid for the days actually worked;
and
When the employee takes unpaid leave under the Family Medical Leave Act or
corresponding laws, the Company will not pay for such days/hours of absence.
Any employee who believes improper deductions have been made from his/her salary
should contact the Payroll Department.
Pay Periods
The Company’s payroll period begins on Thursday at 12:00 am and ends two (2) weeks
later on Wednesday at 11:59 pm. Unless otherwise required by state law, pay day is the
Wednesday directly after the payroll close (e.g., the Wednesday following the last
Wednesday of the previous pay cycle). The Company is currently on a bi-weekly payroll
cycle, and employees are paid every two (2) weeks.
For locations that require a definition of "workweek", the Company's workweek begins
on Thursday at 12:00 am and ends seven (7) days later on the following Wednesday at
11:59pm.
It is the responsibility of the employee and their supervisor to ensure the accuracy of the
hours submitted to payroll. In the unlikely event there is an error in the amount of pay,
the employee should promptly bring the discrepancy to the attention of their supervisor
so any corrections can be made as quickly as possible through the Payroll Department.
Employees are responsible for the accuracy of personal information in Workday. Failure
to timely provide complete and accurate information may result in payroll delays.
Moreover, access to the Company’s systems may be declined until such information is
provided.
Any questions concerning pay should be directed to an employee’s supervisor. Should an
employee separate from employment, the Company will pay wages due as required by
applicable law. Typically, final pay is paid on the next scheduled payday unless otherwise
required by state law.
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43
Direct Deposit
The Company provides the direct deposit option for all employees. Alternatively,
employees will be assigned a payroll debit card through The Money Network or, if required
by applicable law, provided a paper paycheck. Details are available from the Payroll
Department.
Money Network Services
Employees may also receive their paychecks via Money Network Services - a payroll
distribution service that includes paper checks and an optional prepaid debit card for
receipt of and access to wages. Money Network Services allows employees to have their
net pay deposited directly onto a prepaid debit card. Details are available from the Payroll
Department.
Time Reporting
All boutique employees are responsible for keeping current and accurate records of their
time worked by clocking in and out using the time worklet in Workday. It is mandatory
to clock in before the beginning of each shift, at the end of each shift, for split shifts and
for meal break periods. Clocking in or out from a cell phone or other non-Company
sponsored device is prohibited. Employees who make an error, or forget to record their
time properly, must notify their supervisor immediately.
Non-exempt, hourly employees are required to clock in before performing any work of
any kind, no matter how minimal. Moreover, such employees are strictly forbidden from
performing any work, no matter how minimal, after they have clocked out for breaks or
at the end of their shift. Working “off the clock” will result in disciplinary action, up to
and including termination of employment.
If you become aware that any supervisor or manager is requesting, encouraging or
requiring that non-exempt employees work “off the clock,” that supervisor’s or manager’s
conduct should be reported to Human Resources. Such reports will be kept confidential
to the extent possible. Retaliation against any employee who reports a violation of this
policy in good faith will not be tolerated. Any supervisor or manager who requests or
requires that non-exempt employees work “off the clock” or who retaliates against any
employee(s) who reports in good faith their belief that a supervisor or manager is
requesting or requiring that non-exempt employees work “off the clock” will be subject
to disciplinary action, up to and including termination of employment.
All boutique employees are required to review their electronic timecard each week to
verify the information is true and correct. Employees must immediately report any
inaccuracies and provide the Company any contradictory records of time worked or other
Section 3- Compensation and Pay Policies
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44
calculations affecting their pay. Supervisors must review and approve electronic timecards
in Workday before submitting them electronically for payroll processing.
Accurate records are important for correctly preparing payroll. No employee is permitted
to clock in or out of Workday on behalf of another employee. Altering, falsifying, or
tampering with an employee’s own electronic timecard or the electronic timecard of
another employee may result in disciplinary action, up to and including termination.
Meals and Breaks
Employees may receive breaks during their daily work schedule in accordance with
applicable law.
Employees will receive a ten (10) minute paid rest break for each four (4) hours worked,
or major fraction thereof, unless otherwise required by state law. Employees do not have
to clock out for this type of break, are relieved of all duty and are compensated for this
time.
Employees will receive a minimum of a thirty (30) minute unpaid meal break when the
workday is at least five (5) hours, unless otherwise required by state law. This meal break
can vary between thirty (30) and sixty (60) minutes, depending on business needs.
Employees will receive a second unpaid meal break when the workday is at least ten (10)
hours.
Boutique employees are required to clock out during meal breaks, will be relieved of all
active responsibilities, and may leave the premises during meal periods. Employees will
not be compensated for this time. Employees may not waive their break periods.
Lactation Breaks
The Company provides a supportive environment to enable nursing mothers to express
breast milk during the work day. The Company will not discriminate in any way against
an employee who chooses to express breast milk in the workplace.
The Company will provide a reasonable amount of break time to accommodate an
employee desiring to express breast milk for the employee’s child up to the age required
by applicable law. Employees needing breaks for lactation purposes may use ordinary
paid rest breaks or may take other reasonable unpaid break time when needed. The
lactation break time, if possible, should run concurrently with scheduled rest breaks and
meal periods already provided to the employee. If that is not possible or additional time
is needed, the lactation break time may be unpaid. Where unpaid breaks or additional
time are required, the employee should work with her supervisor or Human Resources
regarding scheduling and reporting the extra break time as unpaid. Exempt employees
Section 3- Compensation and Pay Policies
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45
who need lactation accommodation breaks do not need to report any extra break time as
“unpaid.” Where state or local law requires a specified time during each portion of a
workday, the Company will comply with any such requirements.
Employees should discuss with Human Resources the location for storage of expressed
milk. Where possible, the Company will provide a refrigerator or other cold storage space
for keeping milk that has been expressed or employees may provide their own portable
small storage unit or cooler for keeping expressed breast milk cold.
Please be sure to contact Human Resources during your pregnancy or before you return
to work to identify your need for a lactation area and because some lactation
accommodation requirements differ by state. Please also speak to Human Resources to
make any other arrangements necessary under this policy.
Overtime
Although overtime is not a requirement, it may be requested by the supervisor from time
to time to meet business needs.
Overtime compensation for non-exempt employees is normally calculated at time and one
half an employee’s regular rate of pay for all hours worked over forty (40) hours per
week, unless otherwise required by state law. Overtime will be computed on actual
minutes worked. Only time that is actually worked is considered in determining an
employee’s overtime pay. Compensated holidays and vacations, for example, are not
hours worked and, therefore are not counted in making overtime calculations. Exempt
employees are ineligible for overtime compensation.
Overtime must be approved in advance by the supervisor. Employees who work overtime
without authorization will be paid for all such time worked, but are subject to discipline,
up to and including termination from employment.
Business Hours
Location business hours are based on lease requirements at each location as determined
by the shopping center and the Company. Business hours are subject to change with or
without notice based on the operational needs of the shopping centers we serve.
Emergency Closing & Severe Weather
In the event of a state of emergency or severe weather, supervisors are to contact their
site management for the status of their center. If it is determined that the boutique
should not be opened or operate on other than normal business hours, the supervisor
should follow the Emergency Closing & Severe Weather policy in the Owner’s Manual.
Section 3- Compensation and Pay Policies
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46
In the event of a state of emergency or severe weather, employees should contact their
supervisor to determine if the location will be operating under normal business hours,
alternate business hours or if the location will be closed. If the employee does not contact
their supervisor or does not report to work as directed by his or her supervisor, disciplinary
action may be taken.
Emergency Reporting Pay
If an employee is at work and the business closes due to an emergency or severe
weather, the employee will be paid for the remaining hours they are scheduled to work
for that day. Please refer to the Owner’s Manual for details on entering these hours into
Workday. Employees will not receive pay for their scheduled shifts when the business
closes prior to reporting to work.
Section 3- Compensation and Pay Policies
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47
SECTION 4 – BENEFITS, BENEFIT TIME, HOLIDAYS
AND LEAVE
Benefits
A good benefits program is a solid investment in the Company’s employees. We are
committed to sponsoring a comprehensive benefits program for all eligible employees.
The Company will periodically review the benefits program and make modifications as
appropriate to the Company’s condition. The Company reserves the right to modify, add,
or delete the benefits it offers.
All eligible employees will have the option to utilize the Company offered benefits as soon
as their eligibility requirements are met for each particular benefit in accordance with the
terms and conditions of the applicable plan. As a benefit to employees, group insurance
plan payments are made through payroll deductions.
Group Insurance Coverage Eligibility
All Full-time employees are eligible for group insurance on the first (1st) day of the month
following twenty-eight (28) days of consecutive employment. Generally, Part-time
employees and Seasonal Employees are not eligible for group insurance; however, such
employees may be eligible for group insurance upon satisfying certain requirements
under the Affordable Care Act (“ACA”). Additional information regarding ACA eligibility
may be found on FranYOU under Human Resources. All eligible employees are responsible
for completing the health and voluntary benefit applications within the time period
outlined by the Benefits Department. Employees who fail to enroll within the designated
time period must wait until the next available enrollment period to elect benefits, unless
they experience a qualifying life event. Premiums will vary depending on plan selection.
Employees should contact the Benefits Department for more detailed information.
Workers’ Compensation
In the event an injury occurs on the job, the Company provides insurance under Workers’
Compensation benefits. Contact the Human Resources Department for further
information.
Employees must immediately report a work-related illness or injury to their supervisor
and the Human Resources Department, no matter how minor it may seem. The
employee’s supervisor must complete an accident report in Wazagua as soon as
Section 4- Benefits, Benefit Time, Holidays and Leave
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realistically possible and no later than seventy-two (72) hours after the injury occurring.
This report will be forwarded to the Human Resources Department. The Human
Resources Department or supervisor will assist the employee in obtaining first aid
treatment or secure medical assistance, if necessary. Failure of an employee to immediately
notify his or her supervisor or the Human Resources Department of the injury may result in
corrective action, up to and including termination of employment. An employee who is injured
while at work may be required to submit to a drug test.
Modified Duty
The Company does not have dedicated modified or light duty positions and reserves the
right to accept or decline requests for modified or light duty. When an employee requests
to be placed on modified or light duty, the Company may require supporting
documentation from the employee’s doctor verifying the nature and duration of the
restrictions. The Company will review each request on a case by case basis. Modified
duty requests must be approved by the Human Resources Department. Decisions will be
made in accordance with applicable law.
Employee Merchandise Discount
A discount for our employees is a great benefit of working at the Company. Employees
receive a much-deserved reward for their hard work; at the same time, they showcase
our fun and fabulous merchandise by wearing it to work, displaying it in their homes, or
giving it as a gift to a friend.
Employees are eligible to purchase merchandise at a discounted rate off the regular and
clearance price.
If an employee purchases items outside of his or her home boutique, the supervisor at
the boutique (Sales Lead or above) must verify that the employee is on active status.
Employee purchases in their home boutiques can be rung up by any leader, and
employees must never ring their own transactions.
Discount Rate
Boutique Team Leaders receive a fifty percent (50%) discount. All other boutique
employees receive a thirty percent (30%) discount. This discount policy is subject to
change.
Merchandise Discount Policy Restrictions
Employee discounts apply to regular and clearance price merchandise. Some exclusions
may apply.
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Employee discounts are not available on gift cards.
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Employees will receive the higher of their employee or promotional discount, but
not both. This includes promotional event discounts.
All employee purchases must be tied to the employee by entering their employee
ID into the POS.
The employee discount is not available for purchases from our website.
Items purchased with an employee discount are restricted purchases for
themselves, their dependents, or as a gift.
Items purchased with a discount cannot be resold.
Employees must be clocked out when purchasing items with the employee
discount.
Employees are not eligible for price adjustments.
Employees may not purchase damaged merchandise at a discounted price.
Employees must have a receipt in order to return or exchange merchandise
purchased with an employee discount.
Employees may not ring their own transactions.
Employees are not authorized to give discounts that fall outside of the Merchandise
Discount Policy.
Employees are authorized to place merchandise on hold for 24 hours.
The employee discount is available with special order purchases.
Employees may not purchase MOS product.
Holiday Pay
Full-time Exempt and Full-time Non-Exempt employees are eligible for Holiday Pay.
Eligible employees may begin to receive Holiday Pay immediately upon employment. All
other employees, including Part-time and Seasonal employees, are ineligible for Holiday
Pay but will receive their regular wages for time worked on holidays.
The Company will pay eligible employees Holiday Pay on the following holidays:
New Year’s Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day
Eligible Boutique Team Leaders, District Team Leaders, and Regional Directors will receive
eight (8) hours of pay on a holiday. All other approved Full-time positions (e.g., Assistant
Boutique Team Leaders, and Sales Leads) will receive seven (7) hours of pay on a holiday.
Any Full-time boutique employee who works on the holiday will receive the regular wages
for hours worked that day in addition to Holiday Pay, except where otherwise required
by state law.
Holiday pay is calculated at the employee's regular, straight-time pay rate. Holidays do
not count as hours worked for purposes of determining overtime.
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Exempt employees paid a weekly salary will receive no more than their normal weekly
salary for any week in which a holiday falls irrespective of whether they perform work on
the holiday.
Paid Time Off
Only the following classifications of employees are eligible to earn or use Paid Time Off
("PTO"): Regional Directors, District Team Leaders, Boutique Team Leaders, Full-time
Assistant Team Leaders, Full-time Sales Leads, and Part-time Assistant Team Leaders.
All other employees are ineligible to earn or use PTO.
The following policy applies to eligible employees in the US (employees should reference
their state’s supplement for additional information).
PTO is intended to provide eligible employees with flexible time off for any purpose,
including vacations, illness, medical appointments, and personal time.
Accruing PTO
Eligible employees accrue PTO beginning the first day of employment and ending on the
last day of employment. PTO is only accrued during working time, and not during leaves
of absence. For purposes of determining available time off, PTO hours are calculated at
the beginning of each pay period based on the employee’s current accrual rate.
Regional Director and District Team Leader PTO Accrual Rates
Length of
Accrual rate
Maximum
Maximum
Maximum
Continuous
per pay
Annual Accrual
Rollover
PTO Cap
Service
period
in Hours
Hours
0-4
4.924 Hours
128 Hours
40 Hours 168 Hours
5-9
6.462 Hours
168 Hours
40 Hours 208 Hours
10+
8.000 Hours
208 Hours
40 Hours
248 Hours
Boutique Team Leader and Full-time Assistant Team Leader,
and Full-time Sales Lead PTO Accrual Rates
Length of
Accrual rate
Maximum
Maximum
Maximum
Continuous
per pay
Annual Accrual
Rollover
PTO Cap
Service
period
in Hours
Hours
0-4
3.080 Hours
80 Hours
40 Hours 120 Hours
5-9
10+
4.616 Hours
6.154 Hours
120 Hours
160 Hours
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40 Hours
40 Hours
160 Hours
200 Hours
51
Part-time Assistant Team Leader PTO Accrual Rates
Length of
Accrual rate
Maximum
Maximum
Maximum
Continuous
per pay
Annual
Rollover
PTO Cap
Service
period
Accrual in
Hours
Hours
0-4
1.540 Hours
40 Hours
20 Hours
60 Hours
5-9
2.310 Hours
60 Hours
20 Hours
80 Hours
10+
3.080 Hours
80 Hours
20 Hours
100 Hours
To the extent permitted by applicable law, employees may not accrue PTO in amounts
greater than those listed above. Once an employee accrues PTO equivalent to the
balance allowed in the Maximum PTO Cap, the employee will cease to earn further PTO
until his or her balance falls below the maximum accrual allowed. Records of PTO earned
and taken for each employee are maintained in Workday.
When an employee is on a Company-approved Leave of Absence, the employee must use
all accrued PTO before the employee takes unpaid time off, except where prohibited by
applicable law. The employee will receive the PTO payout for the Company-approved
Leave of Absence during the regular payroll cycle (see Section 4, Unpaid Leave). PTO
hours do not accrue while an employee is on a Company-approved Leave of Absence.
For Fiscal Year 2018, employees that are eligible for PTO may carry a negative balance
of up to 40 hours.
Using PTO
Employees are encouraged to use accrued PTO during each year of employment.
For Full-time Non-exempt employees, PTO may be taken in one (1) hour increments,
except as provided by law.
For Full-time Exempt employees, PTO must be taken at least one (1) full day at a time
for a minimum of eight (8) hours, except as provided by law.
Employees should check with their supervisors regarding any “blackout periods” during
which time employees may not use for PTO for vacation time. During “blackout periods”,
employees with accrued PTO may still use PTO time as required by law or for illness.
Employees may not “cash out” PTO or receive payment in lieu of using PTO during
employment.
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PTO Request Procedure
For vacation time, PTO must be requested in Workday at least three (3) weeks in
advance, and the employee’s supervisor must approve the request. The Company
understands, however, there may be instances of sudden illness or other circumstances
that may require time off on short notice. In those instances, employees must notify
their supervisor of the need for time off as soon as the need arises and request to use
PTO time as soon as possible. Employees using three (3) or more consecutive work days
of PTO for illness, surgery or hospitalization may be required to provide reasonable
documentation to the Company to support such absence, subject to applicable law.
Requests for PTO will be reviewed based on a number of factors, including business needs
and staffing requirements. The Company reserves the right to deny PTO requests if they
are not suitable for the needs of the business or the applicable department, to the extent
permitted by applicable law.
Supervisors must approve the PTO request in Workday prior to the end of the pay period
of the request for the PTO to be paid.
Maximum PTO Balance
Employees will accrue PTO hours each pay period, unless otherwise required by applicable
law.
Regional Directors, District Team Leaders, Boutique Team Leaders, Full-time Assistant
Team Leaders, and Full-time Sales Leads may carry over up to forty (40) hours of unused
PTO into the next fiscal year.
Part-time Assistant Team Leaders may carry over up to twenty (20) hours of unused PTO
into the next fiscal year.
PTO will be accumulated and will not exceed one (1) times the maximum number of
hours that can be accrued by an employee in a given year plus any hours carried over
from the previous year (40 PTO hours for Regional Directors, District Team Leaders,
Boutique Team Leaders, Full-time Assistant Team Leaders, and Full-time Sales Leads; 20
hours for Part-time Assistant Team Leaders), which is referred to as the Maximum PTO
Cap.
Once an employee reaches the maximum cap on PTO accrual, the employee will cease
to earn PTO unless and until the employee uses PTO, at which time the employee will
resume accruing PTO up to the maximum cap.
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Employee Eligibility Change
If an employee changes from an eligible to an ineligible benefits status (in which no
benefits are accrued), PTO accruals, at the time of the change of status, will be paid in a
lump sum, less applicable taxes and withholdings.
PTO Payout Policy
Employees will be paid for accrued but unused PTO after their employment ends.
Sick Leave for Employees Not Eligible for PTO
Employees who are ineligible to accrue or use PTO time may be eligible for paid sick
leave. Please refer to the applicable state addendum for more information.
Bereavement Pay
The Company recognizes the need for time off following the loss of immediate and
extended family members. Bereavement Pay applies to Full-time Exempt and Full-time
Non-exempt employees immediately upon employment.
Immediate Family Member - five (5) days
Immediate Family Members include the employee’s current legal spouse, parent, child,
sibling, stepmother, stepfather, stepbrother, stepsister, stepson, or stepdaughter. Where
required by state law, the term Immediate Family Member shall also include a registered
domestic or civil union partner or child thereof.
Extended Family Member - three (3) days
Extended Family Members include the employee’s grandparents, mother-in-law, fatherin-law, brother-in-law, sister-in-law, aunt, uncle, niece, nephew, cousin, grandchild, or
spouse’s grandparents. Where required by state law, the term Extended Family Member
shall also include the Extended Family Member of a domestic or civil union partner.
The employee should notify his or her supervisor immediately if time off is needed.
Employees will receive Bereavement Pay through regular payroll and will be paid for the
time the employee is normally scheduled to work.
Employees may be required to provide a copy of the funeral notice, or similar
documentation, with a statement of the relationship to the deceased.
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Jury Duty and Witness Duty
The Company encourages employees to serve on Jury Duty and to appear as a witness
in legal proceedings when called.
The Company will pay the employee for the hours he or she would have regularly worked
on the day of scheduled Jury Duty, for up to fifteen (15) work days of Jury Duty per year.
If an employee must serve more than fifteen (15) days of Jury Duty in any year, the
Company will provide time off without pay.
The employee must notify his or her supervisor of the need for time off for Jury Duty as
soon as a notice from the court is received. Employees must submit the document
provided by the Court upon being dismissed from Jury Duty. Employees must turn this
document into the appropriate supervisor. Employees must request the time off for Jury
Duty in Workday, and the supervisor should then approve the time off. Jury Duty hours
will be paid for any portion of a shift or a full shift that the employee is unable to work
because of Jury Duty.
Employees may take unpaid time off when required to testify or serve as a witness in a
legal proceeding, such as when subpoenaed to testify in a deposition or trial. The
employee must notify his or her supervisor of the need for time off for Witness Duty as
soon as a notice to appear is received.
If work time remains after any day of Jury Duty or Witness Duty, the employee is
expected to return to work for the remainder of the work schedule.
The Company prohibits retaliation against any employee taking or requesting time off to
serve on a jury or to serve as a witness or testify in a legal proceeding.
Leaves of Absence
The Company offers leaves of absence for eligible employees. All leave of absence
requests must be submitted via the Benefits Department.
Family & Medical Leave Act ("FMLA") and Related State
Laws
The Company will grant leave to eligible employees in accordance with the Family and
Medical Leave Act (“FMLA”) and/or any applicable state law. The below information
highlights the rights and obligations of employees and employers under FMLA but is only
intended to provide a short summary of such information.
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FMLA Eligibility Requirements
To be eligible for Family & Medical Leave, an employee must meet the following criteria:
•
•
•
Worked for the Company for at least twelve (12) months;
Worked at least 1,250 hours during the twelve (12) month period prior to the
commencement of the leave; and
Works at a location where at least fifty (50) employees are employed at the
location or within seventy-five (75) miles of the location.
FMLA Leave Entitlement
Employees who are eligible for FMLA may take an unpaid leave up to a total of twelve
(12) workweeks during a 12-month period for one (1) or more of the following reasons:
•
•
•
for their own “serious health condition” as defined by the FMLA;
to care for an “immediate family member” with a “serious health condition” as
defined by the FMLA; or
to care for a newborn, foster or adopted child, within the first twelve (12) months
of the child’s birth, placement or adoption.
Employees who are eligible for FMLA may also take unpaid military family leave for the
following reasons:
•
Exigency Leave: Employees with a spouse, son, daughter, or parent on active
duty or call to active duty status in the National Guard or Reserves in support of a
contingency operation may use up to twelve (12) workweeks of leave in a 12month period to address certain qualifying exigencies such as attending military
events, addressing financial and legal arrangements, attending counseling
sessions, and attending post-deployment reintegration briefings.
•
Caregiver Leave: Employees may take up to twenty-six (26) weeks of unpaid
leave in a 12-month period to care for a current member of the Armed Forces,
including a member of the National Guard or Reserves, who has a serious injury
or illness incurred in the line of active duty.
Length of Leave
To determine the duration of FMLA leave an employee is entitled to use, the 12-month
period is measured backward from the date the leave begins. Any FMLA leave previously
taken during the 12-month period will be deducted from the time an employee is entitled
to receive.
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Spouses employed by the Company are jointly entitled to a combined total of twelve
(12) workweeks of leave for the birth and care of the newborn child, for placement of a
child for adoption or foster care, and to care for an immediate family member who has a
serious health condition.
Should an employee on an approved family or medical leave require an extension of the
leave, the employee must submit an extension request, in writing, to Human Resources
no less that fourteen (14) days before the expiration of the current leave. The employee’s
entire leave, including extension, should be no longer than the employee’s leave
entitlement under this policy.
The employee’s request must be accompanied by appropriate medical documentation
reflecting the reason for the request and a new estimated return-to work date.
Employees who fail to return to work immediately following expiration of their authorized
leave period and fail to request and get approval for additional leave time or who accept
other employment during their FMLA leave may be subject to termination of employment.
Intermittent or Reduced Leave
Under some circumstances, an employee may be permitted to take leave intermittently
in blocks of time or by reducing a normal weekly or daily work schedule when it is
medically necessary because of his or her own serious health condition or to care for his
or her spouse, child, or parent with a serious health condition. If an employee requests
intermittent leave, he or she must provide the Company with a written medical
certification from an attending physician stating that such leave is medically necessary.
While on intermittent leave or reduced leave, the Company may transfer the employee
temporarily to an alternative available position for which he or she is qualified or may
modify his or her current position to better accommodate the need for recurring periods
of leave.
Notification and Medical Certification
Eligible employees should discuss the need for family or medical leave with their
supervisor at least thirty (30) days in advance or as much time in advance as possible of
making final arrangements.
To request leave, employees must initiate a request via Workday. For leave taken due
to their or an immediate family member’s serious health condition, they must submit
written medical certification from an attending physician to support the request for leave.
Failure to provide the required certification may cause delay or denial of the leave and
may result in termination of employment.
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Medical certification should include the following:
•
•
•
•
The date on which the serious health condition commenced.
The probable duration of the condition.
The appropriate medical facts within the knowledge of the health care provider
regarding the condition.
For leave requests for the care of an immediate family member, the certification
must also include a statement that the employees are needed to care for the family
member with an estimate of the amount of time needed for this care.
The Company may request that an employee provide a second health care provider
certification form from a health care provider chosen, and paid for, by the Company. If
the original certification and the second certification conflict, a third health care provider
will be agreed upon and a certification obtained. The opinion of the third health care
provider will be binding.
An employee’s failure to provide medical certification may result in delay of approval or
denying continuation. If certification is not provided prior to the start of a foreseeable
leave, leave may be denied until certification is provided.
When the leave is not foreseeable, the employee must provide certification within 15
calendar days. If certification is not provided the company may deny continuation of
leave. The Company may request medical recertification every 30 days.
Upon return to work from a personal medical leave, the Company may require a returnto-work certificate from the health care provider.
For intermittent leave or reduced leave schedule requests, certification must include the
dates and duration of the planned medical treatment. For intermittent leave requests of
an unplanned nature, the certification must include a statement of the medical necessity
for the intermittent leave and expected duration of the leave.
For a family leave request to care for an immediate family member with an unplanned
serious health condition, certification must include a statement that the intermittent leave
is medically necessary for the care of the family member and the expected duration of
the leave.
The Company may require periodic reports during FMLA leave regarding their intent to
return to work. Outside employment - or engaging in any activity inconsistent with the
purpose of the leave - is prohibited during FMLA leave.
Job Restoration
To the extent required by FMLA, upon return from FMLA leave in accordance with this
policy, the Company will restore employees to their job or to an equivalent position.
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58
However, an employee on leave will be subject to the same conditions of employment
(e.g. a reduction in force, reorganization, closing, cessation of operations) that would
have applied had the employee been continuously working. Certain “key employees” of
the Company may not be eligible to be restored to the same or an equivalent job at the
conclusion of the leave under FMLA. The Company will notify the “key employee” of his
or her status and the conditions which may affect his or her job restoration prior to
approval of the leave.
To return to work, employees must contact their supervisor and the Human Resources
department at least two (2) weeks in advance of the conclusion of their leave to
coordinate their reinstatement. When they resume work after a leave for their own
serious health condition, employees may be required to provide the Company with a
written medical certification from their attending physician as to their fitness to perform
their job duties. If so requested, they must promptly furnish such fitness for duty
certification to the Company and must be submitted no later than the date of their return
to work. Failure to supply such certification will cause delay or denial of their
reinstatement.
The Company will not interfere with, restrain, or deny the exercise of any right provided
under FMLA or any other applicable state family and medical leave law.
The Company will not discriminate against or terminate the employment of any person
for opposing any practice made unlawful by FMLA or any other applicable state family
and medical leave law or for involvement in any proceeding under or relating to FMLA or
any other applicable state family and medical leave law.
Coordination with Workers’ Compensation
All workers’ compensation leave, to the extent applicable and permissible by law, will be
counted against an employee’s leave entitlement under FMLA.
Maintenance of Health Benefits
The Company will maintain an employee’s health benefits for the duration of a qualifying
FMLA leave to the extent health benefits were provided before the leave was taken and
on the same terms as if they had continued to work. Eligible employees must pay their
regular contribution for the cost of any health insurance premium while on leave. Such
payment must be received by the last business day of each calendar month to cover the
cost of such participation in the next calendar month during their leave. Failure to provide
this payment may result in termination of benefits. All premium payments must be sent
to the Benefits Administrator.
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59
If employees do not return from leave, they are required to repay any insurance
premiums paid by the Company on their behalf during their leave. In compliance with
applicable law, the Company will use all available means to collect such repayments.
Fraudulent Representation
If an employee makes fraudulent representations to obtain a leave, he or she will be
disqualified for FMLA protection and will be terminated. Failure to return to work
immediately upon expiration of a leave will result in termination.
Modified Duty and Accommodation of Disabilities
When an employee would like to return from a leave of absence but is medically restricted
or limited in work duties, the Company may, at its discretion, offer modified duty on a
temporary basis if such a position is available. The Company reserves the right to require
a functional capacity evaluation prior to commencement of modified duty or return to
work.
If an employee is unable to perform the essential functions of his or her position and is a
qualified person with a disability and the situation is otherwise covered by applicable
disability law, then the Company will consider reasonable accommodations. The employee
is expected to participate in an interactive process to determine what, if any, reasonable
accommodations might enable the employee to perform the essential functions of his or
her job. The employee is also free to apply to transfer to a different position, if any
position is open, for which the employee is qualified. An employee wishing to begin the
interactive process to discuss accommodations for a disability should contact the Benefits
Department.
Personal Leave of Absence
Employees who do not otherwise qualify for FMLA, Parental Leave or any other Company
sponsored or state sponsored leave, may request a Personal Leave of Absence.
Personal Leave of Absence Requirements
To be eligible for a Personal Leave of Absence, an employee must meet the following
criteria:
•
•
•
The employee is a Full-time employee;
The employee has six (6) months of continuous service with the Company;
and the employee has not received and exhausted a Personal Leave of Absence in
the six (6) months prior to the request;
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60
•
•
•
The employee has no written disciplinary actions on file for the last thirty (30)
days;
The requested leave does not occur during a designated “black-out” period; and
Mutual agreement can be arranged between the employee and the Benefits
Department.
The Company reserves the right to deny, in its sole discretion, a Personal Leave of
Absence request. Personal Leaves of Absence may not be added onto or combined with
any other leaves of absence.
Length of Leave
Employees eligible for a Personal Leave of Absence may take unpaid leave up to thirty
(30) days. An employee may request an extension to their Personal Leave of Absence;
provided, however, their leave cannot exceed thirty (30) days. The request for an
extension should be made to the Benefits Department as soon as the need is foreseeable.
The Company reserves the right to deny and extension request. If an extension is denied,
the employee is expected to return to work as originally scheduled.
Employees who fail to return to work immediately following the expiration of their
approved leave may be subject to termination of employment.
Notification
To request leave, employees must initiative a request via Workday. The request must be
submitted not later than fourteen (14) days in advance. Approval or denial of the request
will be provided in writing within five (5) days of receipt of the request. An employee’s
failure to provide any requested information may result in delay of approval or denial of
the request.
Job Restoration
An employee’s job is not protected while on a Personal Leave of Absence. The Company
reserves the right to terminate employment for any reason while an employee is on a
Personal Leave of Absence.
Maintenance of Benefits
The Company will maintain an employee’s health benefits for the duration of an approved
Personal Leave of Absence to the extent health benefits were provided before the leave
was taken and on the same terms as if they had continued to work. Eligible employees
must pay their regular contribution for the cost of any health insurance premium while
on leave. Such payment must be received by the last business day of each calendar
month to cover the cost of such participation in the next calendar month during their
Section 4- Benefits, Benefit Time, Holidays and Leave
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61
leave. Failure to provide this payment may result in termination of benefits. All premium
payments must be sent to the Benefits Administrator.
If employees do not return from a Personal Leave of Absence, they may be required to
repay any insurance premiums paid by the Company on their behalf during their leave.
Unpaid Leave
FMLA leave and Company-sponsored leaves are unpaid, although the employee may be
eligible for Short-term Disability payments, state paid family leave benefits and/or
Workers’ Compensation benefits under the terms and conditions of the applicable plans
and/or state law.
Employees will be required to use any accrued PTO concurrently with any unpaid Leaves
of Absence, to the extent permitted by applicable law. This does not extend the allowed
leave period permitted under this policy and/or under applicable law. No PTO, vacation
time or paid sick days will accrue during any unpaid portion of a family and medical leave
or other leave of absence, unless required by law.
Military Leave
It is the Company’s policy to grant employees a leave of absence to allow them to fulfill
military service requirements. Employees who are absent from work due to military
service will be granted a leave of absence in accordance with federal and state laws
governing such leaves. Employees who have annual military obligations are required to
schedule their leave with the Benefits Department as far in advance as possible.
Employees must request a leave by contacting the Benefits Department. The Benefits
Department can provide more details regarding military leave, e.g., what type of service
qualifies for this leave entitlement, what constitutes timely re-employment, the
circumstances under which application for re-employment may be denied, and the rights
and obligations related to employment benefits while on leave and upon returning from
leave.
Parental Leave
The Company will provide up to six (6) weeks of paid Parental Leave to employees
following the birth of an employee’s child or the placement of a child with an employee
in connection with adoption or foster care. The purpose of Parental Leave is to enable
the employee to care for and bond with a newborn or newly adopted or newly placed
child. This policy will run concurrently with FMLA Leave and/or any state sponsored leave
programs, as applicable.
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Parental Leave Eligibility Requirements
To be eligible for Parental Leave, an employee must meet the following criteria:
- Be classified as a full-time employee;
- Have been employed with the Company for at least twelve (12) months (the twelve
[12] months need not be consecutive); and
- Have worked at least 1,250 hours during the twelve (12) consecutive months
immediately preceding the date the leave would begin.
In addition, employees must meet one of the following criteria:
- Have given birth to a child;
- Be a spouse of a woman who has given birth to a child;
- Have adopted a child or been placed with a foster child (in either case, the child
must be age seventeen [17] or younger). The adoption of a child by a new spouse
is excluded from this policy.
Parental Leave Entitlement
Eligible employees will receive a maximum of six (6) weeks of paid Parental Leave for the
birth, adoption or placement of a child. The fact that a multiple birth, adoption or
placement occurs (e.g., the birth of twins or adoption of siblings) does not increase the
six-week total amount of Parental Leave granted for the event. In addition, in no event
will an employee receive more than six (6) weeks of Parental Leave in a rolling 12-month
period, regardless of whether more than one birth, adoption or foster care placement
event occurs within the 12-month time frame.
Each week of Parental Leave is compensated at one hundred percent (100%) of the
employee’s regular, straight-time weekly pay. Parental Leave will be paid on a biweekly
basis on regularly scheduled pay dates. Full-time hourly employees will be compensated
at a rate of forty (40) hours per week. Parental Leave pay will begin during the pay period
the event occurs, pending the notification of the event. The Benefits Department must
receive notification of the event at least twenty-four (24) hours before the close of the
pay period. If notification is not received twenty-four (24) hours before the close of the
pay period in which the event occurred, Parental Leave pay will be begin as of the next
pay date following notification.
Parental Leave must be taken immediately following the birth, adoption or placement of
a child with an employee. Employees must take Parental Leave in one continuous period.
Any unused Parental Leave will be forfeited.
Upon termination of employment with the Company, the employee will not be paid for
any unused Parental Leave for which the employee was eligible.
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Notification
Employees must notify their supervisor and the Benefits Department at least thirty (30)
days prior to the proposed date of the leave (or if the leave was not foreseeable, as soon
as possible). The employee must complete the necessary Benefits forms and provide all
documentation as required by the Company to support the request. An employee’s failure
to provide any requested information may result in delay of approval or denial of the
request.
Employees who fail to return to work immediately following the expiration of their
approved leave may be subject to termination of employment.
Coordination With Other Policies
Parental Leave will run concurrently with the FMLA; thus, Parental Leave will be counted
toward the twelve (12) weeks of available FMLA leave in a 12-month period. All other
requirements and provisions under the FMLA will apply. In no case will the total amount
of leave—whether paid or unpaid—granted to an employee under the FMLA exceed
twelve (12) weeks during the 12-month FMLA period. See Section 4 for further guidance
on the FMLA.
Parental Leave will also run concurrent with any short-term disability leave/benefit of
which the employee is a participant and with any state sponsored sick plans or additional
state sponsored leave programs. Nothing herein is intended to conflict with any more
favorable state or federal laws and in such case applicable state or federal law will control
in the event of any conflict.
After Parental Leave (and any short-term disability leave for employees giving birth) is
exhausted, the balance of FMLA leave (if applicable) will be compensated through the
employee’s PTO time. Upon exhaustion of accrued PTO, any remaining leave will be
unpaid leave.
An employee will not receive more than one hundred percent (100%) of their
compensation from the combination of any applicable state leave or baby bonding plan
and/or Company short-term disability plan.
Job Restoration
An employee who takes Parental Leave that does not qualify for FMLA leave will be
afforded the same level of job protection for the period of time the employee is on
Parental Leave as if the employee was on FMLA-qualifying leave.
Maintenance of Benefits
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The Company will maintain an employee’s health benefits for the duration of an approved
Parental Leave to the extent health benefits were provided before the leave was taken
and on the same terms as if they had continued to work. Eligible employees must pay
their regular contribution for the cost of any health insurance premium while on leave.
Such payment must be received by the last business day of each calendar month to cover
the cost of such participation in the next calendar month during their leave. Failure to
provide this payment may result in termination of benefits. All premium payments must
be sent to the Benefits Administrator.
If employees do not return from Parental Leave, they may be required to repay any
insurance premiums paid by the Company on their behalf during their leave.
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SECTION 5 – ATTENDANCE, BEHAVIOR, CONDUCT
AND PERFORMANCE
Employee Availability
All employees will provide their availability upon commencement of employment. If an
employee’s availability changes after their hire date, the Company may not be able to
accommodate the employee’s availability, except where required by applicable law. In
these situations, the Company may move the employee into a different position, or the
employee’s voluntary termination will be processed.
Punctuality and Timeliness
It is important to remember that each employee affects the Company and his or her
department, as well as his or her relationship and trust with fellow co-workers when an
employee fails to report to work as scheduled. There is a five (5) minute grace period.
Employees who clock in after their scheduled time may be subject to disciplinary action,
up to and including termination of employment.
Employees are expected to work their posted schedule. Employees are expected to
remain at work until their scheduled shifts ends. Failure to adhere to this guideline may
result in disciplinary action, up to and including termination of employment.
If unable to arrive at work as scheduled, except under emergency circumstances, the
employee must notify his or her supervisor via phone call or leave a message on the
supervisor’s voicemail system at least two (2) hours prior to the start of the shift. A text
message or email to the supervisor is not an acceptable means of communication. A call,
email, or text from the employee’s family member or friend is not permitted.
Unexcused Absences
An unexcused absence is one where the absence was not approved in advance.
If an employee is unable to report to work for a scheduled shift, the employee must notify
the supervisor via phone call or leave a message on the supervisor’s voicemail system. A
call, email, or text from the employee’s family member or friend is not permitted.
Excessive tardies or absenteeism may result in disciplinary action, up to and including
termination.
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Performance Reviews
The Company believes employees perform best when they know how performance is
evaluated. Feedback on performance will be ongoing and should be conducted during
regular status meetings between the supervisor and the employee.
In addition, employees will receive a performance review annually. During this review,
the supervisors and employee will discuss the employee’s performance, including goals,
developmental needs, and how well the employee is meeting the requirements of the
job. Merit increases, if applicable, are awarded during the annual performance review
cycle.
Corrective Action
The Company wants to extend every opportunity to employees to perform effectively
without compromising our standards for doing business, for these standards are set with
the belief that they benefit all of us.
The Company attempts to counsel employees whose performance is unsatisfactory
through verbal warnings and/or corrective interviews conducted by the employee’s
supervisor. Discipline may include counseling, warnings, and/or similar actions up to and
including termination of employment.
The Company will not, however, give prior warning or corrective interviews in any
situation where the Company believes that the Company’s best interest will be served by
immediately dismissing the employee, including without limitation, situations involving
dishonesty, misconduct, or other violations of the Company’s policies.
This corrective action policy is simply a guideline. The Company does not require any
formal system of discipline, or any corrective action at all, prior to termination of
employment. Employment with the Company is always at the mutual consent of the
employee and the Company. Either the employee or the Company may terminate the
employment relationship at any time, with or without reason, cause or notice.
Resignation
If an employee wishes to resign from the Company, a written signed and dated
resignation letter must be submitted to the supervisor and should include the reason for
leaving.
The Company asks, but does not require, employees to provide at least two (2) weeks'
notice of resignation.
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Once an employee submits a resignation, the Company may accept the resignation
immediately.
Employees will be paid as required by state law at the time of termination.
Involuntary Separation
A terminated employee will be paid as required by state law at the time of termination.
See Section 1, At-Will Employment.
Termination Procedure
Upon termination of employment, the employee must return all Company property,
including keys, if applicable. A current or forwarding address should be provided in
Workday.
Job Abandonment
The Company considers job abandonment a voluntary resignation. An employee who fails
to report to work and/or fails to follow Company rules for notification of absence for three
(3) consecutive shifts will be considered to have abandoned their position and voluntarily
resigned as of the end of the third (3rd) scheduled shift.
All instances of “no call – no show” will be subject to disciplinary action, up to and
including termination of employment for repeat offenses. The only exception to this policy
will be if the employee is physically incapacitated and unable to notify the Company.
Documentation will be required in this instance.
In addition, employees who leave during a scheduled shift without prior approval will be
considered to have abandoned their job resulting in a voluntary resignation as of the end
of the scheduled shift.
Employees who are terminated for job abandonment will be considered ineligible for
rehire.
Employment Verification and References
The Company does not provide employment references or letters of recommendation for
employees leaving its employment, regardless of the reason for the employment
termination. Employees of the Company are not permitted to provide references or letters
of recommendation for employees leaving the Company’s employment.
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All reference and/or employment verification requests from companies seeking
information about former Company employees are to be directed to The Work Number
at 1-800-367-2884.
Re-employment Policy
Employees who separate from the Company voluntarily may be considered for reemployment, except in cases of job abandonment. There is no guarantee of similar
position or compensation. Former employees who are re-hired with the Company will
receive a new hire date.
Confidentiality Policy
During the course of employment with the Company, employees will be working with
customer lists, business systems, future plans, and other information the Company
considers proprietary. Maintaining confidentiality of such information is important to the
Company’s competitive position and ultimately to the Company’s ability to achieve
financial success and provide stable employment. Employees are expected to protect this
information by discussing it only with those who have a legitimate business reason to
know.
“Confidential information” includes, but is not limited to: (a) the identities, contact
information, financial information, buying habits or practices of any of the Company’s
customers; (b) the Company’s advertising and marketing strategies, methods, research
and related data; (c) the names of any of the Company’s vendors or suppliers; (d) the
cost, type and quantity of materials and/or supplies ordered by the Company; (e) the
prices at which the Company obtains or has obtained or sells or has sold its products or
services; (f) the Company’s costs, methods and objectives (including those methods
licensed from other entities); (g) any technical information owned or created by the
Company or licensed from another entity; (h) any inventions, techniques or proprietary
methods; (i) any pending or issued patents; (j) financial or tax records; (k) personal
information belonging to the Company’s current or former employees, owners and/or
customers unrelated to terms or conditions of employment (including, but not limited to,
Social Security numbers, birthdates, home addresses and telephone numbers, banking or
credit card information, and medical information) (l) any “trade secrets” as such term is
defined in the Uniform Trade Secrets Act and applicable common law or any other
confidential information of, about, or concerning the business of the Company; and/or
(m) such other confidential information or data of any kind, nature, or description as may
be designated as “Confidential” from time to time by the Company. The definition of
“Confidential Information” does not include employee terms and conditions of
employment. Moreover, this policy is not intended to restrict your rights under the
National Labor Relations Act (NLRA) to discuss your terms and conditions of employment.
Employees have a right under the law to discuss their terms and conditions of
employment with others.
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All Confidential Information, no matter where or when obtained, must be kept confidential
at all times and may only be disclosed to those employees of the Company who are
authorized to receive such information and who also have a demonstrated need for such
information.
Unless specifically consented to in writing by the President/CEO of the Company, each
employee agrees that he or she will not, in any manner use, divulge, disclose or
communicate to any person or entity, in any manner whatsoever, either directly or
indirectly, any confidential information of any kind, nature or description concerning any
matters affecting or relating to the Company or its business. If you are in doubt as to
whether information should be disclosed, you should err in favor of non-disclosure and
discuss the situation with your supervisor. In addition, you should not access any
confidential information that you have not been authorized to receive.
In addition to non-disclosure, you may not use confidential information for personal profit
or gain, or for any purpose outside your employment by the Company. The Company, in
turn, respects other companies’ proprietary and confidential information and requires
employees to treat such information with the same level of care and degree of privacy as
they would the Company’s own confidential and proprietary information.
Violation of this policy will result in discipline, up to and including termination of
employment. Notwithstanding the foregoing, nothing in this policy prohibits any
employee from reporting possible violations of federal law or regulation to any
governmental agency or entity, including but not limited to the Department of Justice,
the Securities and Exchange Commission, the Congress, and any agency Inspector
General, or making other disclosures that are protected under the whistleblower
provisions of federal law or regulation.
This confidentiality extends to personal computers, files, e-mail, and computer
passwords.
Any confidential information employees may have in their possession must be returned
to the Company immediately upon separation of employment or upon the request of the
Company.
Arbitration
The Company believes that arbitration provides a fair, confidential, and prompt way to
resolve any employment-related disputes between an employee and it. As a condition of
employment, employees will be required to sign mutual Arbitration Agreements agreeing
to arbitrate claims or disputes related to their employment.
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Standards of Conduct
The Company’s rules and standards of conduct are important. The Company takes our
standards seriously. All employees are expected to become familiar with these rules and
standards. In addition, employees are expected to follow the rules and standards faithfully
in doing their jobs and conducting the Company’s business. Any employee who deviates
from these rules and standards described in this policy, or any other policies in this
Handbook, will be subject to corrective action, up to and including termination of
employment.
While not intended to list all the forms of behavior considered unacceptable in the
workplace, the following are examples of rule infractions or misconduct that may result
in disciplinary action, up to and including termination of employment.
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Theft of time or property or inappropriate removal or possession of Company
property.
Violation of any federal, state or local law.
Dishonesty.
Falsification of time keeping records.
Working with alcohol or illegal drugs in the employee's system.
Possession, manufacture, distribution, sale, transfer, dispensation or use of alcohol
or illegal drugs in the workplace.
Possession of drug paraphernalia in the workplace.
Fighting or threatening violence, harm or injury in the workplace.
Boisterous, disruptive, or disrespectful behavior in the workplace.
Rudeness or unprofessional behavior towards co-workers or guests.
Negligence or improper conduct leading to damage of Company-owned or
customer-owned property.
Insubordination, not following the reasonable work-related directions of a
supervisor or other conduct damaging to the Company.
Violation of safety or health rules.
Unlawful discrimination or harassment, including but not limited to sexual
harassment.
Using Company equipment for purposes other than business (e.g., playing games
on computers or personal email usage).
Unauthorized disclosure of business “trade secrets” or confidential information.
Unsatisfactory performance or conduct.
Not securing boutique keys.
Failure to secure boutique property.
Performing personal business while on duty.
Failing to engage in the interactive process during leave or accommodation
requests.
Not fully cooperating or participating in an active investigation.
Failing to observe working schedules, including meal and rest breaks.
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We Are Serious About Our Standards
The Company expects each and every employee to adhere to the guidelines outlined in
the Handbook. Our employees are expected to be courteous and helpful to customers,
visitors, fellow co-workers or to any other person with whom contact is made while
serving as a representative of the Company.
The policies outlined in the Handbook are not an all-inclusive list. Where not addressed,
employees are expected to use good judgment and common sense and to comply with
the rules of conduct which are commonly accepted in a professional and businessoriented environment.
A violation of any of these policies or standards may lead to disciplinary action, up to and
including termination of employment.
An employee must report any violation or attempted violation of these and other policies
to his or her supervisor, the Human Resources Department, or by contacting EthicsPoint
online at francescas.eithicspoint.com or toll free at 877-516-3383.
If an employee is in doubt as to whether certain conduct is permissible, they are
encouraged to consult his or her supervisor for clarification.
If an employee has any questions about their job or the Company’s policies and practices,
it is the employee’s responsibility to ask his or her supervisor or contact a member of the
Human Resources Department.
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