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Employee Handbook Employee Handbook DRAFT Revised 12/21/2001 _________________________________________________________________ Page 1 of 72 Employee Handbook Essential Legal Provisions ..................................................................................4 Introductory Statement ................................................................................................................................5 At-will Employment Status .........................................................................................................................5 Integration Clause and the Right to Revise .................................................................................................6 Confirmation of Receipt Including At-will Language .................................................................................6 Confirmation of Receipt Excluding At-will Language ................................................................................7 EEO with ADA Provision ...........................................................................................................................7 EEO without ADA Provision ......................................................................................................................9 Unlawful Harassment ................................................................................................................................ 10 Employment Policies and Practices .................................................................12 New Employees .........................................................................................................................................13 Regular Employees....................................................................................................................................13 Full-time Employees .................................................................................................................................13 Part-time Employees .................................................................................................................................14 Temporary Employees............................................................................................................................... 14 Inactive Status ...........................................................................................................................................14 Temporary Transfers .................................................................................................................................14 Job Duties ..................................................................................................................................................15 Work Schedules .........................................................................................................................................15 Alternate Workweek ..................................................................................................................................16 Meal and Rest Periods ............................................................................................................................... 18 Timekeeping Requirements .......................................................................................................................18 Payment of Wages .....................................................................................................................................19 Pay Differentials ........................................................................................................................................19 Call-in Pay .................................................................................................................................................20 Pay for Mandatory Meetings/Training ......................................................................................................20 Overtime for Non-exempt Employees .......................................................................................................21 Reduced Salary for Exempt Employees ....................................................................................................22 Makeup Time ............................................................................................................................................22 Advances ...................................................................................................................................................23 Personnel Records .....................................................................................................................................24 Personnel Records Names and Addresses .................................................................................................24 Employee References ................................................................................................................................ 24 Performance Evaluations ........................................................................................................................... 25 Open-door..................................................................................................................................................25 Employment of Relatives ..........................................................................................................................26 Conflicts of Interest ...................................................................................................................................27 Bridging of Time .......................................................................................................................................28 Recruitment Bonus ....................................................................................................................................28 Reductions in Force ...................................................................................................................................29 Involuntary Termination and Progressive Discipline ................................................................................29 Voluntary Termination .............................................................................................................................. 29 DRAFT Standards of Conduct .......................................................................................31 Prohibited Conduct ....................................................................................................................................32 Off-duty Conduct ......................................................................................................................................33 Drug and Alcohol Abuse ........................................................................................................................... 34 Punctuality and Attendance .......................................................................................................................36 Dress Code and Other Personal Standards ................................................................................................ 37 Customer Relations ...................................................................................................................................38 Confidentiality ...........................................................................................................................................39 Business Conduct and Ethics .....................................................................................................................39 _________________________________________________________________ Page 2 of 72 Employee Handbook News Media Contacts ................................................................................................................................ 40 Operational Considerations .............................................................................41 Employer Property ....................................................................................................................................42 Use of Electronic Media ............................................................................................................................ 43 Off-duty Use of Facilities ..........................................................................................................................44 Employee Property ....................................................................................................................................44 Security/Workplace Violence ....................................................................................................................45 Health and Safety ......................................................................................................................................45 Ergonomics................................................................................................................................................46 Smoking ....................................................................................................................................................46 Housekeeping ............................................................................................................................................47 Parking ......................................................................................................................................................47 Solicitation and Distribution of Literature .................................................................................................47 Conducting Personal Business ..................................................................................................................48 Employees Who are Required to Drive .....................................................................................................48 Expense Accounts .....................................................................................................................................49 Telecommuting ..........................................................................................................................................49 Bulletin Boards ..........................................................................................................................................50 DRAFT Employee Benefits .............................................................................................52 Holidays ....................................................................................................................................................53 Vacation ....................................................................................................................................................54 Paid Time Off ............................................................................................................................................56 Insurance Benefits .....................................................................................................................................57 Leaves of Absence .....................................................................................................................................58 Family/Medical Leave Eligibility ..............................................................................................................59 Family Leave and Pregnancy ....................................................................................................................60 Certification by Health Care Providers .....................................................................................................61 Coordination with Health Insurance ..........................................................................................................62 Mandatory Use of Accrued Paid Leave Time ........................................................................................... 63 Discretionary Use of Accrued Paid Leave Time .......................................................................................63 Return from Family/Medical Leave ..........................................................................................................64 Return from Pregnancy Leave ...................................................................................................................65 Coordination with Family Leave ...............................................................................................................67 Sick Leave .................................................................................................................................................68 Extended Medical Leave ........................................................................................................................... 69 Bereavement Leave ...................................................................................................................................70 Personal Leave ..........................................................................................................................................70 Military Leave ...........................................................................................................................................71 Jury Duty and Witness Leave ....................................................................................................................71 Time Off for Voting ..................................................................................................................................71 Volunteer Firefighters ............................................................................................................................... 72 Domestic Violence Leave ..........................................................................................................................72 School Activities .......................................................................................................................................73 External Employee Education ...................................................................................................................74 Recreational Activities and Programs .......................................................................................................74 Workers' Compensation ............................................................................................................................ 75 Inclement Weather/Natural Disasters ........................................................................................................76 _________________________________________________________________ Page 3 of 72 Employee Handbook DRAFT Essential Legal Provisions _______________________________________ _________________________________________________________________ Page 4 of 72 Employee Handbook Introductory Statement Welcome! As an employee of the CIL, you are an important member of a team effort. We hope that you will find your position with the CIL rewarding, challenging, and productive. Because our success depends upon the dedication of our employees, we are highly selective in choosing new members of our team. We look to you and the other employees to contribute to the success of the CIL. This employee handbook is intended to explain the terms and conditions of employment of all full- and part-time employees and supervisors. Written employment contracts between the CIL and some individuals may supersede some of the provisions of this handbook. DRAFT This handbook summarizes the policies and practices in effect at the time of publication. This handbook supersedes all previously issued handbooks and any policy or benefit statements or memoranda that are inconsistent with the policies described here. Your supervisor or manager will be happy to answer any questions you may have. At-will Employment Status CIL personnel are employed on an at-will basis. Employment at-will may be terminated with or without cause and with or without notice at any time by the employee or the CIL. Nothing in this handbook shall limit the right to terminate at-will employment. No manager, supervisor, or employee of the CIL has any authority to enter into an agreement for employment for any specified period of time or to make an agreement for employment on other than at-will terms. Only the Executive Director of the CIL has the authority to make any such agreement, which is binding only if it is in writing. _________________________________________________________________ Page 5 of 72 Employee Handbook Integration Clause and the Right to Revise This employee handbook contains the employment policies and practices of the CIL in effect at the time of publication. All previously issued handbooks and any inconsistent policy statements or memoranda are superseded. The CIL reserves the rights to revise, modify, delete, or add to any and all policies, procedures, work rules, or benefits stated in this handbook or in any other document, except for the policy of at-will employment. However, any such changes must be in writing and must be signed by the president of the CIL. Any written changes to this handbook will be distributed to all employees so that employees will be aware of the new policies or procedures. No oral statements or representations can in any way alter the provisions of this handbook. DRAFT This handbook sets forth the entire agreement between you and the CIL as to the duration of employment and the circumstances under which employment may be terminated. Nothing in this employee handbook or in any other personnel document, including benefit plan descriptions, creates or is intended to create a promise or representation of continued employment for any employee. Confirmation of Receipt Including At-will Language I have received my copy of the CIL’s employee handbook. I understand and agree that it is my responsibility to read and familiarize myself with the policies and procedures contained in the handbook. I understand that except for employment at-will status, any and all policies or practices can be changed at any time by the CIL. The CIL reserves the right to change my hours, wages, and working conditions at any time. I understand and agree that other than the president of the CIL, no manager, supervisor, or representative of the CIL has authority to enter into any agreement, express or implied, for employment for any specific period of time, or to make any agreement for employment other than at-will; only the president has the authority to make any such agreement and then only in writing, signed by the president. I understand and agree that nothing in the employee handbook creates or is intended to create a promise or representation of continued employment and that employment at the CIL is employment at-will; employment may be terminated at _________________________________________________________________ Page 6 of 72 Employee Handbook the will of either the CIL or myself. My signature certifies that I understand that the foregoing agreement on at-will status is the sole and entire agreement between the CIL and myself concerning the duration of my employment and the circumstances under which my employment may be terminated. It supersedes all prior agreements, understandings, and representations concerning my employment with the CIL. Employee’s Signature__________________________ Date ________________ Confirmation of Receipt Excluding At-will Language DRAFT I confirm that I have received a copy of the CIL employee handbook and understand that it sets forth the terms and conditions of my employment as well as the rights, duties, responsibilities and obligations of employment with the CIL. I understand and agree that it is my responsibility to read and familiarize myself with the provisions of the handbook. Employee’s signature ____________________________________________ Date ________________ EEO with ADA Provision This CIL is an equal opportunity employer and makes employment decisions on the basis of merit. We want to have the best available persons in every job. CIL policy prohibits unlawful discrimination based on race, color, creed, gender, religion, marital status, age, national origin or ancestry, physical or mental disability, medical condition including genetic characteristics, sexual orientation, or any other consideration made unlawful by federal, state, or local laws. It also includes a perception that anyone has any of those characteristics, or is associated with a person who has or is perceived as having any of those characteristics. All such discrimination is unlawful. The CIL is committed to compliance with all applicable laws providing equal employment opportunities. This commitment applies to all persons involved in _________________________________________________________________ Page 7 of 72 Employee Handbook the operations of the CIL and prohibits unlawful discrimination by any employee of the CIL, including supervisors and coworkers. To comply with applicable laws ensuring equal employment opportunities to qualified individuals with a disability, the CIL will make reasonable accommodations for the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or an employee unless undue hardship would result. Any applicant or employee who requires an accommodation in order to perform the essential functions of the job should contact a CIL representative with day-today personnel responsibilities and request such an accommodation. The individual with the disability should specify what accommodation he or she needs to perform the job. The CIL will then conduct an investigation to identify the barriers that interfere with the equal opportunity of the applicant or employee to perform his or her job. The CIL will identify possible accommodations, if any, that will help eliminate the limitation. If the accommodation is reasonable and will not impose an undue hardship, the CIL will make the accommodation. DRAFT If you believe you have been subjected to any form of unlawful discrimination, submit a written complaint to your supervisor or the individual with day-to-day personnel responsibilities. Your complaint should be specific and should include the names of the individuals involved and the names of any witnesses. The CIL will immediately undertake an effective, thorough, and objective investigation and attempt to resolve the situation. If the CIL determines that unlawful discrimination has occurred, effective remedial action will be taken commensurate with the severity of the offense. Appropriate action also will be taken to deter any future discrimination. The CIL will not retaliate against you for filing a complaint and will not knowingly permit retaliation by management employees or your co-workers. EEO without ADA Provision This CIL is an equal opportunity employer and makes employment decisions on the basis of merit. We want to have the best available persons in every job. CIL policy prohibits unlawful discrimination based on race, color, creed, gender, religion, marital status, age, national origin or ancestry, physical or mental _________________________________________________________________ Page 8 of 72 Employee Handbook disability, medical condition including genetic characteristics, sexual orientation, or any other consideration made unlawful by federal, state, or local laws. It also includes a perception that anyone has any of those characteristics, or is associated with a person who has or is perceived as having any of those characteristics. All such discrimination is unlawful. The CIL is committed to compliance with all applicable laws providing equal employment opportunities. This commitment applies to all persons involved in the operations of the CIL and prohibits unlawful discrimination by any employee of the CIL, including supervisors and co-workers. If you believe you have been subjected to any form of unlawful discrimination, submit a written complaint to your supervisor or the individual with day-to-day personnel responsibilities. Your complaint should be specific and should include the names of the individuals involved and the names of any witnesses. The CIL will immediately undertake an effective, thorough, and objective investigation and attempt to resolve the situation. DRAFT If the CIL determines that unlawful discrimination has occurred, effective remedial action will be taken commensurate with the severity of the offense. Appropriate action also will be taken to deter any future discrimination. The CIL will not retaliate against you for filing a complaint and will not knowingly permit retaliation by management employees or your coworkers. Unlawful Harassment The CIL is committed to providing a work environment free of unlawful harassment. CIL policy prohibits sexual harassment and harassment based on pregnancy, childbirth or related medical conditions, race, religious creed, color, national origin or ancestry, physical or mental disability, medical condition, marital status, age, sexual orientation, or any other basis protected by federal, state, or local law or ordinance or regulation. All such harassment is unlawful. The CIL’s anti-harassment policy applies to all persons involved in the operation of the CIL and prohibits unlawful harassment by any employee of the CIL, including supervisors and coworkers. It also prohibits unlawful harassment based _________________________________________________________________ Page 9 of 72 Employee Handbook on the perception that anyone has any of those characteristics, or is associated with a person who has or is perceived as having any of those characteristics. Prohibited unlawful harassment includes, but is not limited to, the following behavior: Verbal conduct such as epithets, derogatory jokes or comments, slurs or unwanted sexual advances, invitations, or comments; Visual displays such as derogatory and/or sexually-oriented posters, photography, cartoons, drawings, or gestures; Physical conduct including assault, unwanted touching, intentionally blocking normal movement or interfering with work because of sex, race, or any other protected basis; Threats and demands to submit to sexual requests as a condition of continued employment, or to avoid some other loss, and offers of employment benefits in return for sexual favors; and DRAFT Retaliation for reporting or threatening to report harassment. If you believe that you have been unlawfully harassed, submit a written complaint to your own or any other CIL supervisor, the president, or the personnel administrator of the CIL as soon as possible after the incident. Your complaint should include details of the incident or incidents, names of the individuals involved, and names of any witnesses. Supervisors will refer all harassment complaints to the personnel administrator, investigative officer, or the president of the CIL. The CIL will immediately undertake an effective, thorough, and objective investigation of the harassment allegations. If the CIL determines that unlawful harassment has occurred, effective remedial action will be taken in accordance with the circumstances involved. Any employee determined by the CIL to be responsible for unlawful harassment will be subject to appropriate disciplinary action, up to, and including termination. A CIL representative will advise all parties concerned of the results of the investigation. The CIL will not retaliate against you for filing a complaint and will not tolerate or permit retaliation by management, employees or co-workers. The CIL encourages all employees to report any incidents of harassment forbidden by this policy immediately so that complaints can be quickly and fairly resolved. You also should be aware that the Federal Equal Employment Opportunity Commission and the Department of Fair Employment and Housing investigate and prosecute complaints of prohibited harassment in employment. If you think you have been harassed or that you have been retaliated against for _________________________________________________________________ Page 10 of 72 Employee Handbook resisting or complaining, you may file a complaint with the appropriate agency. The nearest office is listed in the telephone book. DRAFT _________________________________________________________________ Page 11 of 72 Employee Handbook Employment Policies and Practices _______________________________________ DRAFT _________________________________________________________________ Page 12 of 72 Employee Handbook New Employees The first 90 days of continuous employment at the CIL is considered a trial period. During this time you will learn your responsibilities, get acquainted with fellow employees, and determine whether or not you are happy with your job. Your supervisor will closely monitor your performance. Upon completion of the trial period, the CIL will review your performance. If the CIL finds your performance satisfactory and decides to continue your employment, it will advise you of any improvements expected from you. At that time, you may express suggestions to improve the CIL’s efficiency and operations. Completion of the trial period does not entitle you to remain employed by the CIL for any definite period of time, but rather allows both you and the CIL to evaluate whether or not you are right for the position. After completion of the trial period, eligible employees will receive the benefits described in this handbook. DRAFT Regular Employees Regular employees are those who are hired to work on a regular schedule. Regular employees may be classified as full-time or part-time. Full-time Employees Regular full-time employees are those who are scheduled for and do work 40 hours per week. Following the completion of the trial period, regular full-time employees are eligible for most employee benefits described in this handbook. _________________________________________________________________ Page 13 of 72 Employee Handbook Part-time Employees Part-time employees are those who are scheduled for and do work fewer than 40 hours per week, but not fewer than 20 hours. Part-time employees are eligible for the following CIL benefits: pro rata vacation, sick and holidays. Temporary Employees DRAFT Temporary employees are those employed for short-term assignments. Shortterm assignments generally are periods of three months or fewer; however, such assignments may be extended. Temporary employees are not eligible for employee benefits except those mandated by applicable law. Inactive Status Employees who are on any type of leave of absence, work-related or non-workrelated, that exceeds four months will be placed on inactive status. During the time the employee is on inactive status, no benefits such as vacation, sick leave will not be earned and seniority will not continue to accrue. Temporary Transfers Employees who request a temporary transfer for medical and/or family medical leave reasons will be considered for that transfer if a position exists at the time the transfer is requested and the employee is qualified to perform the job. The employee will be paid in accordance with the responsibilities and duties of the temporary job. _________________________________________________________________ Page 14 of 72 Employee Handbook Job Duties During the trial period, your supervisor will explain your job responsibilities and the performance standards expected of you. Be aware that your job responsibilities may change at any time during your employment. From time to time, you may be asked to work on special projects, or to assist with other work necessary or important to the operation of your department or the CIL. Your cooperation and assistance in performing such additional work is expected. The CIL reserves the right, at any time, with or without notice, to alter or change job responsibilities, reassign or transfer job positions, or assign additional job responsibilities. DRAFT Work Schedules The CIL is normally open for business between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. Your supervisor will assign your individual work schedule. All employees are expected to be at their desks or workstations at the start of their scheduled shifts, ready to work. Exchanging work schedules with other employees is discouraged. However, if you need to exchange schedules, notify your supervisor, who may authorize an exchange if possible. Work schedule exchanges will not be approved for the mere convenience of an employee or if the exchange interferes with normal operations or results in excessive overtime. The workweek begins at 12:01 a.m. Sunday and ends at midnight on Saturday. Alternate Workweek _________________________________________________________________ Page 15 of 72 Employee Handbook The CIL has implemented an alternate workweek schedule for all work units. The work schedule consists of four 10-hour days. Employees will be notified at the time of hire of the days they will work. The work day will begin at 6:30 a.m. and end at 5:00 p.m. A lunch break of 30 minutes, unpaid, will be taken from 11:30 a.m. until noon. Three 10-minute paid breaks will be taken during the day and your supervisor will notify you of the time you should take your break. Workweeks are defined as Monday through Thursday or Tuesday through Friday. When a CIL-paid holiday falls on a Monday, all employees will work Tuesday through Friday for that week. When a holiday falls on a Friday, all employees will work Monday through Thursday for that week. For 2002, the work schedule for paid holiday weeks is: Tuesday, January 1, All employees will work 2002 — New Year's Monday and Wednesday Day through Friday DRAFT Monday, January 21, 2002 — Martin Luther King Jr.'s birthday All employees will work Tuesday through Friday Monday, February 18, 2002 — President's Day All employees will work Tuesday through Friday Monday, May 27, 2002 — Memorial Day All employees will work Tuesday through Friday Thursday, July 4, 2002 — Independence Day All employees will work Monday, Tuesday, Wednesday, and Friday Monday, September All employees will work 2, 2002 — Labor Tuesday through Friday Day Thursday, November 28 and Friday, November 29, 2002 — Thanksgiving and All employees will work Monday through Wednesday _________________________________________________________________ Page 16 of 72 Employee Handbook the Friday after Tuesday, December 24, 2002 — Christmas Eve, and Wednesday, December 25, 2002 — Christmas Day All employees will work Monday, Thursday, and Friday Wednesday, January 1, 2003 — New Year's Day All employees will work Monday, Tuesday, Wednesday, and Friday Paid holidays will be paid at the rate of 10 hours per day. Overtime worked on any regularly scheduled workday will be paid at the rate of: DRAFT Time-and-one-half for all hours over 10 and less than 12, which were not regularly scheduled; and Double time for hours after 12 in one day. Overtime will be paid for hours worked on a day that is not a regularly scheduled workday in any workweek, including any seventh consecutive workday, at the rate of: Time-and-one-half for the first eight hours in a day; and Double time after eight hours in a day. Meal and Rest Periods Employees are provided with a 30 minute meal period, to be taken approximately in the middle of the workday. Employees are allowed a 10-minute rest period for every four hours of work or major portion thereof. Your supervisor will schedule your meal and rest periods. You are expected to observe your assigned working hours and the time allowed for meal and rest periods. Do not leave the premises during your rest period and do not take more than 10 minutes for each rest period. You may leave the premises during your meal period. _________________________________________________________________ Page 17 of 72 Employee Handbook Timekeeping Requirements All non-exempt employees are required to use a time clock to record time worked for payroll purposes. Employees must record their own time at the start and at the end of each work period, including before and after the lunch break. Employees also must record their time whenever they leave the building for any reason other than CIL business. Any handwritten marks or changes on the timecard must be initialed by a supervisor. Punching another employee’s timecard, allowing another employee to punch your timecard, or altering a timecard is not permissible and is subject to disciplinary action. DRAFT Salaried and exempt employees also may be required to record their time on duty using either a timecard or a timesheet. Any errors on your timecard should be reported immediately to your supervisor. Payment of Wages Paychecks are normally available by 3:00 p.m. at the office. If you observe an error on your check, please report it immediately to your supervisor. Semi-monthly Payments Paydays are scheduled on the 5th and 20th of the month, or the last workday before the _____, and _____ for the semi-monthly pay periods ending on the _____ day of the month and the _____, respectively. If a regular payday falls on a weekend or holiday, employees will be paid on Friday prior. Automatic Deposit The CIL offers automatic payroll deposit for employees at ________________ [list all locations]. You may begin and stop automatic payroll deposit at any time. To begin automatic payroll deposit, you must complete a form (available from the payroll department) and return it to payroll at least 10 days before the pay period for which you would like the service to begin. You should carefully _________________________________________________________________ Page 18 of 72 Employee Handbook monitor your payroll deposit statements for the first two pay periods after the service begins. To stop automatic payroll deposit, complete the form available from the payroll department and return it to payroll at least 10 days before the pay period for which you would like the service to end. You will receive a regular payroll check on the first pay period after the receipt of the form, provided it is received no later than 10 days before the end of the pay period. Pay Differentials DRAFT All employees who are scheduled to work on Saturdays or Sundays, graveyard shift, or swing shift shall receive a pay premium in the amount of $____ additional per hour. Call-in Pay Option: Call-in Pay The CIL will pay a minimum of two hours of pay to employees who are required to report to work on a day other than their normally scheduled workday. Option: Reporting to Work Pay The CIL will pay employees for half of the regularly scheduled workday if employees report to work as scheduled but no work is available. The CIL will not pay employees for reporting under the following circumstances: Interruption of work because of the failure of any or all public utilities; or Interruption of work because of natural causes or other circumstances beyond the CIL's power to control. _________________________________________________________________ Page 19 of 72 Employee Handbook Pay for Mandatory Meetings/Training The CIL will pay non-exempt employees for their attendance at meetings, lectures, and training programs under the following conditions: Attendance is mandatory; The meeting, course, or lecture is directly related to the employee's job; and The employee who is required to attend such meetings, lectures, or training programs will be notified of the necessity for such attendance by his or her supervisor; DRAFT The employee will be paid at the then applicable minimum wage for time spent at meetings, lectures, and training programs if the employee does not perform any productive work during such attendance; Employees who do perform productive work during attendance at meetings, lectures or training programs will be compensated at their regular rate of pay; and Any hours in excess of eight in a day or 40 in a week will be paid at the appropriate overtime rate, at the hourly rate in effect at the time the overtime work is being performed. Overtime for Non-exempt Employees Employees may be required to work overtime as necessary. Only actual hours worked in a given workday or workweek can apply in calculating overtime. The CIL will attempt to distribute overtime evenly and accommodate individual schedules. All overtime work must be previously authorized by a supervisor. The CIL provides compensation for all overtime hours worked by non-exempt employees in accordance with state and federal law as follows: _________________________________________________________________ Page 20 of 72 Employee Handbook All hours worked in excess of eight hours in one workday or 40 hours in one workweek will be treated as overtime. A workday begins at 12:01 a.m. and ends at midnight 24 hours later. Workweeks begin each Sunday at 12:01 a.m; Compensation for hours in excess of 40 for the workweek, or in excess of eight and not more than 12 for the workday, and for the first eight hours on the seventh consecutive day of work in one workweek, shall be paid at a rate one and one-half times the employee's regular rate of pay; Compensation for hours in excess of 12 in one workday and in excess of eight on the seventh consecutive workday in a workweek shall be paid at double the regular rate of pay; and Exempt employees may have to work hours beyond their normal schedules as work demands require. No overtime compensation will be paid to exempt employees. DRAFT Reduced Salary for Exempt Employees Salaried employees will receive their salary for any week in which they perform any work. For purposes of this salary pay policy, a week is Monday 12:01 a.m. through Sunday midnight. An employee will receive his or her full salary for any week in which an employee does any work, subject to the following rules: An employee's salary may be reduced for complete days of absence due to vacations, holiday, or personal business, before sick leave benefits accrue or after they are exhausted, and incomplete initial and final weeks of work; Penalties for violations of major safety rules also may be deducted from employees' salaries; and An employee's salary will not be reduced due to partial weeks of work due to service as a juror, witness, or in the military, or for lack of work. This salary pay policy is intended to comply with the salary pay requirements of the Fair Labor Standards Act and shall be construed in accordance with the Act. Employees are encouraged to direct any questions concerning their salary pay to the personnel manager so that any inadvertent error can be corrected. _________________________________________________________________ Page 21 of 72 Employee Handbook Makeup Time The CIL allows the use of makeup time when employees need time off to tend to personal obligations. Makeup time worked will not be paid at an overtime rate. Employees may take time off and then make up the time later in the same workweek, or may work extra hours earlier in the workweek to make up for time that will be taken off later in the workweek. Makeup time requests must be submitted in writing to your supervisor, with your signature, on the form provided by the CIL. Requests will be considered for approval based on the legitimate business needs of the CIL at the time the request is submitted. A separate written request is required for each occasion the employee requests makeup time. DRAFT If you request time off that you will make up later in the week, you must submit your request at least 24 hours in advance of the desired time off. If you request to work makeup time first in order to take time off later in the week, you must submit your request at least 24 hours before working the makeup time. Your makeup time request must be approved in writing before you take the requested time off or work makeup time, whichever is first. All makeup time must be worked in the same workweek as the time taken off. The CIL's seven day workweek is Sunday through Saturday. Employees may not work more than 11 hours in a day or 40 hours in a workweek as a result of making up time that was or would be lost due to a personal obligation. If you take time off and are unable to work the scheduled makeup time for any reason, the hours missed will normally be unpaid. However, your supervisor may arrange with you another day to make up the time if possible, based on scheduling needs. If you work makeup time in advance of time you plan to take off, you must take that time off, even if you no longer need the time off for any reason. An employee's use of makeup time is completely voluntary. The CIL does not encourage, discourage, or solicit the use of makeup time. _________________________________________________________________ Page 22 of 72 Employee Handbook Advances The CIL does not permit advances against paychecks or against unaccrued vacation. Personnel Records DRAFT You have a right to inspect certain documents in your personnel file, as provided by law, in the presence of a CIL representative at a mutually convenient time. No copies of documents in your file may be made, with the exception of documents that you have previously signed. You may add your comments to any disputed item in the file. The CIL will restrict disclosure of your personnel file to authorized individuals within the CIL. Any request for information contained in personnel files must be directed to the personnel manager. Only the personnel manager is authorized to release information about current or former employees. Disclosure of personnel information to outside sources will be limited. However, the CIL will cooperate with requests from authorized law enforcement or local, state, or federal agencies conducting official investigations and as otherwise legally required. Personnel Records Names and Addresses The CIL is required by law to keep current all employees' names and addresses. Employees are responsible for notifying the CIL in the event of a name or address change. _________________________________________________________________ Page 23 of 72 Employee Handbook Employee References All requests for references must be directed to the personnel manager. No other manager, supervisor, or employee is authorized to release references for current or former employees. By policy, the CIL discloses only the dates of employment and the title of the last position held of former employees. If you authorize the disclosure in writing, the CIL also will inform prospective employers of the amount of salary or wage you last earned. DRAFT Performance Evaluations Each employee will receive periodic performance reviews conducted by his or her supervisor. Your first performance evaluation will take place after completion of your trial period. Subsequent performance evaluations will be conducted annually, on or about the anniversary date of your employment with the CIL. The frequency of performance evaluations may vary depending upon length of service, job position, past performance, changes in job duties, or recurring performance problems. Your performance evaluations may review factors such as the quality and quantity of the work you perform, your knowledge of the job, your initiative, your work attitude, and your attitude toward others. The performance evaluations are intended to make you aware of your progress, areas for improvement, and objectives or goals for future work performance. Favorable performance evaluations do not guarantee increases in salary or promotions. Salary increases and promotions are solely within the discretion of the CIL and depend upon many factors in addition to performance. After the review, you will be required to sign the evaluation report simply to acknowledge that it has been presented to you, that you have discussed it with your supervisor, and that you are aware of its contents. _________________________________________________________________ Page 24 of 72 Employee Handbook Open-door Suggestions for improving the CIL are always welcome. At some time, you may have a complaint, suggestion, or question about your job, your working conditions, or the treatment you are receiving. Your good-faith complaints, questions, and suggestions also are of concern to the CIL. We ask you to first discuss your concerns with your supervisor, following these steps: 1 Within a week of the occurrence, bring the situation to the attention of your immediate supervisor, who will then investigate and provide a solution or explanation. DRAFT 2 If the problem persists, you may describe it in writing and present it to the personnel manager, who will investigate and provide a solution or explanation. We encourage you to bring the matter to the personnel manager as soon as possible after you believe that your immediate supervisor has failed to resolve it. 3 If the problem is not resolved, you may present the problem in writing to the president of the CIL, who will attempt to reach a final resolution. This procedure, which we believe is important for both you and the CIL, cannot guarantee that every problem will be resolved to your satisfaction. However, the CIL values your observations and you should feel free to raise issues of concern, in good faith, without the fear of retaliation. Employment of Relatives Option: Detailed The CIL may refuse to hire relatives of present employees if doing so could result in actual or potential problems in supervision, security, safety, or morale, or if doing so could create potential conflicts of interest. The CIL defines “relatives” as spouses, children, siblings, parents, in-laws, and step-relatives. _________________________________________________________________ Page 25 of 72 Employee Handbook If two employees marry or become related, causing actual or potential problems such as those described above, only one of the employees will be retained with the CIL, unless reasonable accommodations can be made to eliminate the actual or potential problems. The employees will have 30 days to decide which relative will stay with the CIL. If this decision is not made within the time allowed, the president of the CIL will make the decision, taking the employment history and job performance of both employees into account. Option: General Relatives of employees may be eligible for employment with the CIL only if individuals involved do not work in a direct supervisory relationship, or in job positions in which a conflict of interest could arise. The CIL defines “relatives” as spouses, children, siblings, parents, in-laws, and step-relatives. Present employees who marry will be permitted to continue working in the job position held only if they do not work in a direct supervisory relationship with one another or in job positions involving conflict of interest. DRAFT Conflicts of Interest All employees must avoid situations involving actual or potential conflict of interest. Personal or romantic involvement with a competitor, supplier, or subordinate employee of the CIL, which impairs an employee's ability to exercise good judgment on behalf of the CIL, creates an actual or potential conflict of interest. Supervisor-subordinate romantic or personal relationships also can lead to supervisory problems, possible claims of sexual harassment, and morale problems. Option: Notice An employee involved in any of the types of relationships or situations described in this policy should immediately and fully disclose the relevant circumstances to his or her immediate supervisor, or any other appropriate supervisor, for a determination about whether a potential or actual conflict exists. If an actual or potential conflict is determined, the CIL may take whatever corrective action appears appropriate according to the circumstances. Failure to disclose facts shall constitute grounds for disciplinary action. _________________________________________________________________ Page 26 of 72 Employee Handbook Option: Disciplinary These types of relationships are therefore prohibited and violations of this policy will subject an employee to disciplinary action, up to, and including termination. Bridging of Time The CIL will give credit to employees previously employed by the CIL, provided the break in service does not exceed 365 days. The break in service time will be deducted from the employee's original service date for purposes of the following: Seniority date DRAFT Vacation accrual Sick leave accrual Retirement Employees whose break in service is less than the 60-day waiting period for health benefits will be reinstated into the health benefit plan in which they were enrolled prior to their termination. Recruitment Bonus The CIL does not pay recruiting bonuses. _________________________________________________________________ Page 27 of 72 Employee Handbook Reductions in Force Under some circumstances, the CIL may need to restructure or reduce its workforce. If restructuring our operations or reducing the number of employees becomes necessary, the CIL will attempt to provide advance notice, if possible, to help prepare affected individuals. If possible, employees subject to layoff will be informed of the nature of the layoff and the foreseeable duration of the layoff, whether short-term or indefinite. In determining which employees will be subject to layoff, the CIL will take into account, among other things, operation and requirements, the skill, productivity, ability, and past performance of those involved, and also, when feasible, the employee’s length of service. DRAFT Involuntary Termination and Progressive Discipline Violation of CIL policies and rules may warrant disciplinary action. The CIL has established a system of progressive discipline that includes verbal warnings, written warnings, and suspension. The system is not formal and the CIL may, in its sole discretion, utilize whatever form of discipline is deemed appropriate under the circumstances, up to, and including, termination of employment. The CIL’s policy of progressive discipline in no way limits or alters the at-will employment relationship. Voluntary Termination Voluntary termination results when an employee voluntarily resigns his or her employment, or fails to report to work for three consecutively scheduled workdays without notice to, or approval by, his or her supervisor. All CIL-owned _________________________________________________________________ Page 28 of 72 Employee Handbook property, including vehicles, keys, uniforms, identification badges, and credit cards, must be returned immediately upon termination of employment. DRAFT _________________________________________________________________ Page 29 of 72 Employee Handbook Standards of Conduct _______________________________________ DRAFT _________________________________________________________________ Page 30 of 72 Employee Handbook Prohibited Conduct The following conduct is prohibited and will not be tolerated by the CIL. This list of prohibited conduct is illustrative only; other types of conduct that threaten security, personal safety, employee welfare and the CIL’s operations also may be prohibited. Falsifying employment records, employment information, or other CIL records; Recording the work time of another employee or allowing any other employee to record your work time, or falsifying any time card, either your own or another employee’s; DRAFT Theft and deliberate or careless damage or destruction of any CIL property, or the property of any employee or customer; Removing or borrowing CIL property without prior authorization; Unauthorized use of CIL equipment, time, materials, or facilities; Provoking a fight or fighting during working hours or on CIL property; Participating in horseplay or practical jokes on CIL time or on CIL premises; Carrying firearms or any other dangerous weapons on CIL premises at any time; Engaging in criminal conduct whether or not related to job performance; Causing, creating, or participating in a disruption of any kind during working hours on CIL property; Insubordination, including but not limited to failure or refusal to obey the orders or instructions of a supervisor or member of management, or the use of abusive or threatening language toward a supervisor or member of management; Using abusive language at any time on CIL premises; Failing to notify a supervisor when unable to report to work; Unreported absence of three consecutive scheduled workdays; _________________________________________________________________ Page 31 of 72 Employee Handbook Failing to obtain permission to leave work for any reason during normal working hours; Failing to observe working schedules, including rest and lunch periods; Failing to provide a physician’s certificate when requested or required to do so; Sleeping or malingering on the job; Making or accepting personal telephone calls of more than three minutes in duration during working hours, except in cases of emergency; Working overtime without authorization or refusing to work assigned overtime; Wearing disturbing, unprofessional or inappropriate styles of dress or hair while working; DRAFT Violating any safety, health, security or CIL policy, rule, or procedure; Committing a fraudulent act or a breach of trust under any circumstances; and Committing of or involvement in any act of unlawful harassment of another individual. This statement of prohibited conduct does not alter the CIL’s policy of at-will employment. Either you or the CIL remain free to terminate the employment relationship at any time, with or without reason or advance notice. Off-duty Conduct While the CIL does not seek to interfere with the off-duty and personal conduct of its employees, certain types of off-duty conduct may interfere with the CIL’s legitimate business interests. For this reason, employees are expected to conduct their personal affairs in a manner that does not adversely affect the CIL’s or their own integrity, reputation or credibility. Illegal or immoral off-duty conduct by an employee that adversely affects the CIL’s legitimate business interests or the employee's ability to perform his or her job will not be tolerated. _________________________________________________________________ Page 32 of 72 Employee Handbook While employed by the CIL, employees are expected to devote their energies to their jobs with the CIL. For this reason, second jobs are strongly discouraged. The following types of additional employment elsewhere are strictly prohibited: Additional employment that conflicts with an employee’s work schedule, duties, and responsibilities at our CIL; Additional employment that creates a conflict of interest or is incompatible with the employee's position with our CIL; Additional employment that impairs or has a detrimental effect on the employee’s work performance with our CIL; Additional employment that requires the employee to conduct work or related activities on the CIL’s property during the employer's working hours or using our CIL’s facilities and/or equipment; and DRAFT Additional employment that directly or indirectly competes with the business or the interests of our CIL. Employees who wish to engage in additional employment that may create a real or apparent conflict of interest must submit a written request to the CIL explaining the details of the additional employment. If the additional employment is authorized, the CIL assumes no responsibility for it. The CIL shall not provide workers’ compensation coverage or any other benefit for injuries occurring from or arising out of additional employment. Authorization to engage in additional employment can be revoked at any time. Drug and Alcohol Abuse The CIL is concerned about the use of alcohol, illegal drugs, or controlled substances as it affects the workplace. Use of these substances, whether on or off the job can detract from an employee’s work performance, efficiency, safety, and health, and therefore seriously impair the employee’s value to the CIL. In addition, the use or possession of these substances on the job constitutes a potential danger to the welfare and safety of other employees and exposes the CIL to the risks of property loss or damage, or injury to other persons. _________________________________________________________________ Page 33 of 72 Employee Handbook Furthermore, the use of prescription drugs and/or over-the-counter drugs also may affect an employee’s job performance and may seriously impair the employee’s value to the CIL. The following rules and standards of conduct apply to all employees either on CIL property or during the workday (including meals and rest periods). Behavior that violates CIL policy includes: Possession or use of an illegal or controlled substance, or being under the influence of an illegal or controlled substance while on the job; Driving a CIL vehicle while under the influence of alcohol; and Distribution, sale, or purchase of an illegal or controlled substance while on the job. Violation of these rules and standards of conduct will not be tolerated. The CIL also may bring the matter to the attention of appropriate law enforcement authorities. DRAFT In order to enforce this policy, the CIL reserves the right to conduct searches of CIL property or employees and/or their personal property, and to implement other measures necessary to deter and detect abuse of this policy. An employee’s conviction on a charge of illegal sale or possession of any controlled substance while off CIL property will not be tolerated because such conduct, even though off duty, reflects adversely on the CIL. In addition, the CIL must keep people who sell or possess controlled substances off the CIL's premises in order to keep the controlled substances themselves off the premises. Any employee who is using prescription or over-the-counter drugs that may impair the employee’s ability to safely perform the job, or affect the safety or well-being of others, must notify a supervisor of such use immediately before starting or resuming work. The CIL will encourage and reasonably accommodate employees with alcohol or drug dependencies to seek treatment and/or rehabilitation. Employees desiring such assistance should request a treatment or rehabilitation leave. The CIL is not obligated, however, to continue to employ any person whose performance of essential job duties is impaired because of drug or alcohol use, nor is the CIL obligated to re-employ any person who has participated in treatment and/or rehabilitation if that person’s job performance remains impaired as a result of dependency. Additionally, employees who are given the opportunity to seek treatment and/or rehabilitation, but fail to successfully overcome their dependency or problem, will not automatically be given a second opportunity to _________________________________________________________________ Page 34 of 72 Employee Handbook seek treatment and/or rehabilitation. This policy on treatment and rehabilitation is not intended to affect the CIL’s treatment of employees who violate the regulations described previously. Rather, rehabilitation is an option for an employee who acknowledges a chemical dependency and voluntarily seeks treatment to end that dependency. Punctuality and Attendance As an employee of the CIL, you are expected to be punctual and regular in attendance. Any tardiness or absence causes problems for your fellow employees and your supervisor. When you are absent, your assigned work must be performed by others. DRAFT Employees are expected to report to work as scheduled, on time, and prepared to start work. Employees also are expected to remain at work for their entire work schedule, except for meal periods or when required to leave on authorized CIL business. Late arrival, early departure, or other unanticipated and unapproved absences from scheduled hours are disruptive and must be avoided. If you are unable to report for work on any particular day, you must under all but the most extenuating circumstances call your supervisor at least one hour before the time you are scheduled to begin working for that day. If you call less than one hour before your scheduled time to begin work and do not arrive in time for your assigned shift, you will be considered tardy for that day. In all cases of absence or tardiness, employees must provide their supervisor with an honest reason or explanation. Employees also must inform their supervisor of the expected duration of any absence. Excessive absenteeism or tardiness, whether excused or not, will not be tolerated. This CIL defines excessive absenteeism as more than _____ days absence in a ______-month period. If you fail to report for work without any notification to your supervisor and your absence continues for a period of three days, the CIL will consider that you have abandoned your employment. _________________________________________________________________ Page 35 of 72 Employee Handbook Dress Code and Other Personal Standards Option: General Language Employees are expected to wear clothing appropriate for the nature of our business and the type of work performed. Clothing should be neat, clean and tasteful. Avoid clothing that can create a safety hazard. Department managers may issue more specific guidelines. Option: Specific Language DRAFT Because each employee is a representative of the CIL in the eyes of the public, each employee must report to work properly groomed and wearing appropriate clothing. Employees are expected to dress neatly and in a manner consistent with the nature of the work performed. Employees who report to work inappropriately dressed may be asked to clock out and return in acceptable attire. Acceptable clothing for management, sales, or office employees includes suits, sport coats, or dress shirts and slacks with ties for men; blouses and sweaters with skirts or dress slacks or dresses for women. Jeans, T-shirts, tank or halter tops, and casual shoes or sneakers are not permitted for any employees. All clothing should be clean and without rips or holes. All employees required to wear uniforms provided by the CIL must take care of their uniforms and report any wear or damage to their supervisors. Instructions regarding cleaning and maintenance of uniforms will be provided. Supervisors will inform you of additional requirements regarding acceptable attire. Certain employees may be required to wear safety equipment or clothing. Any deviations from these guidelines must be approved by your supervisor. Option: Casual Day The CIL observes a casual dress day on ________________ [insert day of week, month]. Some employees who have customer contact may not be permitted to participate in the casual dress day. Employees who do participate in a casual dress day still are expected to report to work properly groomed. Acceptable casual dress excludes ripped or torn _________________________________________________________________ Page 36 of 72 Employee Handbook clothing, T-shirts of any kind (with or without a written message), tennis shoes, tank or halter tops, or shorts. Employees required to wear safety equipment or clothing still must do so on a casual dress day. Department managers may issue more specific guidelines concerning any exceptions to this policy. Customer Relations Employees are expected to be polite, courteous, prompt, and attentive to every customer. When an employee encounters an uncomfortable situation that he or she does not feel capable of handling, the general manager should be called immediately. DRAFT Ours is a service business and all of us must remember that the customer always comes first. Our customers ultimately pay all of our wages. Remember, while the customer is not always right, the customer is never wrong. Customers are to be treated courteously and given proper attention at all times. Never regard a customer's question or concern as an interruption or an annoyance. You must respond to inquiries from customers, whether in person or by telephone, promptly and professionally. Never place a telephone caller on hold for an extended period. Direct incoming calls to the appropriate person and make sure the call is received. Through your conduct, show your desire to assist the customer in obtaining the help he or she needs. If you are unable to help a customer, find someone who can. All correspondence and documents, whether to customers or others, must be neatly prepared and error-free. Attention to accuracy and detail in all paperwork demonstrates your commitment to those with whom we do business. Never argue with a customer. If a problem develops or if a customer remains dissatisfied, ask your supervisor or the general manager to intervene. _________________________________________________________________ Page 37 of 72 Employee Handbook Confidentiality Each employee is responsible for safeguarding the confidential information obtained during employment. In the course of your work, you may have access to confidential information regarding the CIL, its suppliers, its customers, or perhaps even fellow employees. You have responsibility to prevent revealing or divulging any such information unless it is necessary for you to do so in the performance of your duties. Access to confidential information should be on a "need-to-know" basis and must be authorized by your supervisor. Any breach of this policy will not be tolerated and legal action may be taken by the CIL. DRAFT Business Conduct and Ethics No employee may accept a gift or gratuity from any customer, vendor, supplier, or other person doing business with the CIL because doing so may give the appearance of influencing business decisions, transactions or service. Please discuss expenses paid by such persons for business meals or trips with the CIL in advance. News Media Contacts Employees may be approached for interviews or comments by the news media. Only contact people designated by the Executive Director may comment to news reporters on CIL policy or events relevant to the CIL. _________________________________________________________________ Page 38 of 72 Employee Handbook Operational Considerations _______________________________________ DRAFT _________________________________________________________________ Page 39 of 72 Employee Handbook Employer Property Lockers, desks, computers, vehicles, and ________________ [list other CILowned items] are CIL property and must be maintained according to CIL rules and regulations. They must be kept clean and are to be used only for workrelated purposes. The CIL reserves the right to inspect all CIL property to ensure compliance with its rules and regulations, without notice to the employee and at any time, not necessarily in the employee’s presence. CIL voice mail and/or electronic mail (e-mail) are to be used for business purposes only. The CIL reserves the right to monitor voice mail messages and email messages to ensure compliance with this rule, without notice to the employee and at any time, not necessarily in the employee’s presence. DRAFT No personal locks may be used on CIL-provided lockers unless the employee furnishes a copy of the key or the combination to the lock. Unauthorized use of a personal lock by an employee may result in losing the right to use a CIL locker. The CIL may periodically need to assign and/or change “passwords” and personal codes for voice mail, e-mail, computer. These communication technologies and related storage media and databases are to be used only for CIL business and they remain the property of the CIL. The CIL reserves the right to keep a record of all passwords and codes used and/or may be able to override any such password system. Prior authorization must be obtained before any CIL property may be removed from the premises. For security reasons, employees should not leave personal belongings of value in the workplace. Personal items are subject to inspection and search, with or without notice, with or without the employee’s prior consent. Terminated employees should remove any personal items at the time they leave the CIL. Personal items left in the workplace are subject to disposal if not claimed at the time of an employee’s termination. _________________________________________________________________ Page 40 of 72 Employee Handbook Use of Electronic Media The CIL uses various forms of electronic communication including, but not limited to (computers, e-mail, telephones, Internet). All electronic communications, including all software, databases, hardware, and digital files, remain the sole property of the CIL and are to be used only for CIL business and not for any personal use. Electronic communication and media may not be used in any manner that would be discriminatory, harassing, or obscene, or for any other purpose that is illegal, against CIL policy, or not in the best interest of the CIL. DRAFT Employees who misuse electronic communications and engage in defamation, copyright or trademark infringement, misappropriation of trade secrets, discrimination, harassment, or related actions will be subject to discipline and/or immediate termination. Employees may not install personal software on CIL computer systems. All electronic information created by any employee using any means of electronic communication is the property of the CIL and remains the property of the CIL. Personal passwords may be used for purposes of security, but the use of a personal password does not affect the CIL’s ownership of the electronic information. The CIL will override all personal passwords if necessary for any reason. The CIL reserves the right to access and review electronic files, messages, mail, and other digital archives, and to monitor the use of electronic communications as necessary to ensure that no misuse or violation of CIL policy or any law occurs. Employees are not permitted to access the electronic communications of other employees or third parties unless directed to do so by CIL management. No employee may install or use anonymous e-mail transmission programs or encryption of e-mail communications, except as specifically authorized by Executive Director. Employees who use devices on which informaiton may be recieved and/or stored, including but not limited to cell phones, cordless phones, portable _________________________________________________________________ Page 41 of 72 Employee Handbook computers, fax machines, and voice mail communications are required to use these methods in strict compliance with the trade secrets and confidential communication policy established by the CIL. Except for such uses, these communications tools should not be used for communicating confidential or sensitive informaitno or any trade secrets. Access to the Internet, websites, and other types of CIL-paid computer access are to be used for CIL-related business only. Any information about the CIL, its products or services, or other types of information that will appear in the electronic media about the CIL must be approved by Executive Director before the information is placed on an electronic information resource that is accessible to others. Questions about access to electronic communications or issues relating to security should be addressed to ________________________________________ [insert name]. DRAFT Off-duty Use of Facilities Employees are prohibited from remaining on CIL premises or making use of CIL facilities while not on duty. Employees are expressly prohibited from using CIL facilities, CIL property, or CIL equipment for personal use. Employee Property An employee’s personal property, including but not limited to lockers, packages, purses, and backpacks, may be inspected upon reasonable suspicion of unauthorized possession of CIL property. Security/Workplace Violence _________________________________________________________________ Page 42 of 72 Employee Handbook The CIL has developed guidelines to help maintain a secure workplace. Be aware of persons loitering for no apparent reason in parking areas, walkways, entrances and exits, and service areas. Report any suspicious persons or activities to security personnel. Secure your desk or office at the end of the day. When called away from your work area for an extended length of time, do not leave valuable and/or personal articles in or around your workstation that may be accessible. The security of facilities as well as the welfare of our employees depends upon the alertness and sensitivity of every individual to potential security risks. You should immediately notify your supervisor when unknown persons are acting in a suspicious manner in or around the facilities, or when keys, security passes, or identification badges are missing. Option: IIPP Reference, Security The CIL's workplace security program is described in detail in the CIL's Illness and Injury Prevention Program (IIPP). DRAFT Option: IIPP Reference, Workplace Violence The CIL's workplace violence program is described in detail in the CIL's Illness and Injury Prevention Program (IIPP). Health and Safety All employees are responsible for their own safety, as well as that of others in the workplace. To help us maintain a safe workplace, everyone must be safetyconscious at all times. Report all work-related injuries or illnesses immediately to your supervisor or to the human resources department. In compliance with state law, and to promote the concept of a safe workplace, the CIL maintains an Injury and Illness Prevention Program. The Injury and Illness Prevention Program is available for review by employees and/or employee representatives in the general manager’s office. In compliance with Proposition 65, the CIL will inform employees of any known exposure to a chemical known to cause cancer or reproductive toxicity. _________________________________________________________________ Page 43 of 72 Employee Handbook Ergonomics The CIL is subject to State/OSHA ergonomics standards for minimizing workplace repetitive motion injuries. The CIL will make necessary adjustments to reduce exposure to ergonomic hazards through modifications to equipment and processes and employee training. This CIL encourages safe and proper work procedures and requires all employees to follow safety instructions and guidelines. The CIL believes that reduction of ergonomic risk is instrumental in maintaining an environment of personal safety and well-being, and is essential to our business. We intend to provide appropriate resources to create a risk-free environment. DRAFT If you have any questions about ergonomics, please contact your supervisor. Smoking Option: General Language Smoking is not allowed in any enclosed area of the facility. Option: Specific Language Smoking is not permitted in any enclosed area of the facility except in the following designated break rooms: ________________. [Identify the break rooms where smoking is permitted.] Housekeeping All employees are expected to keep their work areas clean and organized. People using common areas such as lunch rooms, locker rooms, and restrooms are _________________________________________________________________ Page 44 of 72 Employee Handbook expected to keep them sanitary. Please clean up after meals and dispose of trash properly. Parking Employees may park their vehicles in designated areas, if space permits. If space is unavailable, employees must park in permissible public areas in the vicinity of the CIL property. Employees may not use parking areas specifically designated for customers, vendors, CIL vehicles, or reserved for managers. The CIL is not responsible for any loss or damage to employee vehicles or contents while parked on CIL property. DRAFT Solicitation and Distribution of Literature In order to ensure efficient operation of the CIL’s business and to prevent disruption to employees, we have established control of solicitations and distribution of literature on CIL property. The CIL has enacted rules applicable to all employees governing solicitation, distribution of written material, and entry onto the premises and work areas. All employees are expected to comply strictly with these rules. Any employee who is in doubt concerning the application of these rules should consult with his or her supervisor. No employee shall solicit or promote support for any cause or organization during his or her working time or during the working time of the employee or employees at whom such activity is directed. No employee shall distribute or circulate any written or printed material in work areas at any time, or during his or her working time or during the working time of the employee or employees at whom such activity is directed. Under no circumstances will non-employees be permitted to solicit or to distribute written material for any purpose on CIL property. _________________________________________________________________ Page 45 of 72 Employee Handbook Conducting Personal Business Employees are to conduct only CIL business while at work. Employees may not conduct personal business or business for another employer during their scheduled working hours. Employees Who are Required to Drive DRAFT Employees who are required to drive a CIL vehicle or their own vehicles on CIL business will be required to show proof of current valid driving licenses and current effective insurance coverage before the first day of employment. The CIL participates in a system that regularly checks state Department of Motor Vehicles (DMV) records of all employees who drive as part of their job. The CIL retains the right to transfer to an alternative position, suspend, or terminate an employee whose license is revoked, or who fails to maintain personal automobile insurance coverage or who is uninsurable under the CIL’s policy. Employees who drive their own vehicles on CIL business will be reimbursed at the rate of _______ per mile. Expense Accounts The CIL reimburses employees for business expenses on the ______ of each month. Employees who have expense accounts or who have incurred business expenses must submit required receipts and the ______ [insert name of required form] to ______ [insert name of department] no later than the ______ of each month. _________________________________________________________________ Page 46 of 72 Employee Handbook If you have any questions about the CIL’s expense reimbursement policy, contact _______________ [insert name]. Telecommuting The CIL permits some employees to telecommute. All costs for equipment associated with telecommuting are the responsibility of ________________ [designate how the costs are split]. Costs include purchase price, maintenance, and insurance coverage for all necessary equipment. DRAFT Employees who telecommute still may be required to attend meetings at the office or other designated location. Telecommuting does not change the employee’s work location and employees are still responsible for all costs associated with travel to and from the office, when they are required to report to their work location. Employees who telecommute will not conduct meetings with customers or clients in their home nor will they perform any manufacturing work at home. Employees are responsible for contacting local governmental agencies for required licenses (if any) needed to maintain a home office. Employees are responsible for any costs of obtaining tax advice about a tax deduction for a home office. Employees are responsible for any tax liability should they claim such an expense and it is later disallowed by the Internal Revenue Service. Employees who telecommute must maintain the security of all confidential and/or sensitive information and other proprietary information, as if they were working in the office. All security procedures apply, regardless of whether the employee is in the workplace or telecommuting. Employees who telecommute are responsible for following all safety rules. The CIL may conduct unannounced visits to telecommuting worksites, including to employees who telecommute from home, to ensure that all safety and security procedures are being followed. The ability to telecommute does not change the performance level expected from an employee. _________________________________________________________________ Page 47 of 72 Employee Handbook Employees who are subject to overtime laws still are required to adhere to their beginning and ending work times, break times, and meal breaks. Telecommuting employees must continue to maintain required time records. The CIL retains the right to require telecommuters to report to the office to work. Violation of any telecommuting policies may result in the loss of an employee’s telecommuting privileges. Bulletin Boards DRAFT The CIL maintains bulletin boards located in the employee breakroom. Bulletin boards are used to provide information to employees concerning ________________ [list topics]. Employees may not post items on the CIL bulletin board unless the following conditions are met: Postings may be made by CIL employees only; The information to be posted must first be approved by _________ [insert name]; Postings are limited to ________ in size; Bulletin boards will be updated ________________ [indicate frequency]; and Posted items will be dated and will be removed after ________________ [indicate time limit]. _________________________________________________________________ Page 48 of 72 Employee Handbook Employee Benefits _______________________________________ DRAFT _________________________________________________________________ Page 49 of 72 Employee Handbook Holidays The CIL observes the following paid holidays: January 1 — New Year's Day Martin Luther King Jr.'s Birthday Presidents' Day Memorial Day DRAFT July 4th — Independence Day Labor Day Thanksgiving Day and the Friday after Christmas Eve Christmas Day When a holiday falls on a Saturday or Sunday, it is usually observed on the preceding Friday or the following Monday. However, the CIL may close on another day or grant compensating time off instead of closing. Holiday observance will be announced in advance. Each employee’s eligibility for holiday pay begins after completion of his or her trial period. To be eligible for holiday pay, you must be regularly scheduled to work on the day on which the holiday is observed and must work your regularly scheduled working days immediately preceding and immediately following the holiday, unless an absence on either day is approved in advance by your supervisor. If you are required to work on a paid scheduled holiday you will receive ________________ (straight time pay, double time pay). Vacation Option: Vacation Accrual from First Day _________________________________________________________________ Page 50 of 72 Employee Handbook Employees are entitled to three weeks (15 days) vacation for each year of active service. Active service commences with an employee’s first day of work and continues thereafter unless broken by an absence without pay, a leave of absence, or termination of employment. Temporary and part-time employees do not accrue paid vacation. Vacation can accrue up to a maximum of six paid weeks. Once this cap is reached, no further vacation will accrue until some vacation is used. When some vacation is used, vacation compensation will begin to accrue again. The CIL does not grant compensation for any period of time during which the accrued vacation compensation was at the cap. Employees become eligible for vacations after six months of active service as work schedules permit. Vacation schedules must be coordinated and cleared with your supervisor. CIL schedules determine permissible vacation periods, which employees may need to defer or otherwise adjust accordingly. DRAFT An employee whose employment terminates will be paid for accrued unused vacation days on a pro rata basis. Option: Vacation Accrual after Six Months Regular full-time employees accrue paid vacations in accordance with the following policy: Fewer than six months: no accrual; Six months through first year: five days; Second year through fourth year: 10 days per year; Fifth year through 14th year: 15 days per year; and 15th year and thereafter: 20 days per year. Temporary and part-time employees do not accrue paid vacation time. Regular full-time employees do not accrue vacation time during the first six months of employment. No vacation time may be taken until after completion of the first year of employment. After completion of the initial six months of continuous employment, full-time employees begin to accrue vacation time at the rate of .0385 hours per hour worked. An employee who is scheduled to and does work 40 hours per week will normally accrue five working days or 40 hours of vacation in the second six months of continuous employment. _________________________________________________________________ Page 51 of 72 Employee Handbook In the second, third, and fourth years of continuous employment, full-time employees will accrue vacation time at the rate of .0385 hours per hour worked. An employee who is scheduled to and does work 40 hours per week will normally accrue 10 working days or 80 hours vacation time in the second, third, and fourth years of employment. Beginning with the the fifth year of continuous employment, full-time employees begin to accrue vacation time at the rate of .0575 hours per hour worked. An employee who is scheduled to and does work an average of 40 hours per week will normally accrue 15 working days or 120 hours of vacation beginning in the fifth year of employment. The CIL encourages employees to take vacation annually. Vacation time must be taken within the year following accrual. Earned vacation time accrues to a maximum of 20 working days in the second through fourth years of employment; 30 working days in the fifth through 14th years of employment; and 40 working days in the 15th and following years of employment. No additional vacation will be earned until accrued vacation time is used. You have responsibility to keep track of your accrued vacation time. DRAFT Vacations shall be scheduled to provide adequate coverage of job responsibilities and staffing requirements. The general manager ________________ [insert name of appropriate day-to-day personnel manager] will make final determinations and must approve your vacation schedule in advance. Option: Using Vacation Time You are required to take the entire vacation to which you are entitled at one period, except in the case of extreme hardship or emergency. If you are entitled to a vacation of three weeks or more, your vacation may be split into two periods, one of which must be at least two weeks. Employees on unpaid leave do not accrue vacation time. If a holiday occurs during your vacation period, you will be granted one additional day of vacation, to be taken at a time approved in advance by your supervisor. Paid Time Off _________________________________________________________________ Page 52 of 72 Employee Handbook Employees are entitled to paid time off based upon their years of active service. Active service commences with an employee’s first day of work and continues thereafter unless broken by an absence without pay, a leave of absence, or termination of employment. Temporary and part-time employees accrue paid time off on a pro rata basis. Paid time off can accrue to a maximum of nine weeks (360 hours). Once this maximum is reached, no further paid time off will be earned until some paid time off is used. When some paid time off is used, paid time off compensation will begin to accrue again. The CIL does not grant retroactive paid time off compensation for any period of time during which the accrued paid time off was at the cap. Paid time off can be taken any time after the employee’s first day of employment, whenever work schedules permit. The CIL closes on 10 holidays, which are: DRAFT January 1 — New Year's Day Martin Luther King Jr.'s Birthday Presidents’ Day Memorial Day July 4th — Independence Day Labor Day Thanksgiving Day and the Friday after Christmas Eve Christmas Day When a holiday falls on a Saturday, the office will be closed and the holiday observed on the preceding Friday. When a holiday falls on a Sunday, the office will be closed and the holiday observed on the following Monday. Employees who have accrued unused paid time off may use it for holiday pay, paid sick leave, paid vacation leave, or any other type of paid time off. Employees will need to schedule time off with their supervisors. An employee whose employment terminates will be paid for accrued, unused paid time off on a pro rata basis. Employees on unpaid leave do not accrue paid time off. Paid time off will be accrued on the following basis: _________________________________________________________________ Page 53 of 72 Employee Handbook 0-5 years of service: hours/month; 6-10 years of service: hours/month; and 44 hours of paid time off/year accrued at 12 208 hours of paid time off/year, accrued at 17.33 10 years of service and thereafter: 22.66 hours/month. 272 hours of paid time off/year, accrued at An employee may not use paid time off before its accrual. Employees will be not be paid for any time in excess of accrued paid time off. Insurance Benefits DRAFT Option: Medical Insurance The CIL provides a comprehensive medical insurance plan for eligible employees and their dependents. Employees who work 35 or more hours per week CIL pays premium for medical, dental, and vision. In the event of an increase in medical insurance premium rates, all employees may be required to contribute to the cost of increased premiums to retain coverage. Details about medical insurance coverage are available in a separate publication distributed by the personnel office. Disability Insurance Each employee contributes to the State to provide disability insurance mandated by the State Unemployment Insurance Code. Contributions are made through a payroll deduction. Disability insurance is payable when you cannot work because of illness or injury not caused by employment at the CIL or when you are entitled to temporary workers’ compensation at a rate less than the daily disability benefit amount. Specific rules and regulations governing disability are available from the personnel manager. Unemployment Compensation The CIL contributes thousands of dollars each year to the State Unemployment Insurance Fund on behalf of its employees. Social Security Social Security is an important part of every employee’s retirement benefit. The CIL pays a matching contribution to each employee’s Social Security taxes. _________________________________________________________________ Page 54 of 72 Employee Handbook Workers' Compensation You are protected by the CIL’s workers’ compensation insurance policy while employed by the CIL, at no cost to you. The policy covers you in case of occupational injury or illness. Option: Retirement Plan The CIL provides an opportunity for employees the option to contribute pre-tax dollars up to the maximum allowable by law intoa 403(b). For information regarding eligibility, contributions, benefits, and tax status, contact the personnel manager. DRAFT Leaves of Absence The CIL may grant leaves of absence to employees in certain circumstances. Request any leave in writing as far in advance as possible, keep in touch with your supervisor or the personnel manager during your leave, and give prompt notice of any change in your anticipated return date. If your leave expires and you fail to return to work without contacting your supervisor or the personnel office, the CIL will assume that you do not plan to return and that you have terminated your employment. Upon return from a leave of absence, you will resume all aspects of your employment status that existed prior to the start of your leave. Health Insurance Premium The CIL does not continue to pay premiums for health insurance coverage for employees on leaves of absence. However, you may self-pay the premiums under the provisions of COBRA of 1985. The personnel manager can give you additional information. Family/Medical Leave Any leave taken under this provision that qualifies as leave under the state and/or federal Family and Medical Leave Acts will be counted as family/medical leave and charged to your entitlement of 12 workweeks of family/medical leave in a 12-month period. _________________________________________________________________ Page 55 of 72 Employee Handbook Family/Medical Leave Eligibility Employees who have more than 12 months of service, who have worked at least 1,250 hours during the previous 12-month period before the date the leave is to begin, and who are employed at a work site where the CIL maintains on the payroll (as of the date of the leave request) at least 50 part- or full-time employees within 75 miles (measured in road miles) of the work site where the employee requesting the leave works, are eligible under federal Family and Medical Leave Act and State Family Rights Act family leave laws to take up to a maximum of 12 workweeks of unpaid family/medical leave within a 12-month period. DRAFT Family/medical leave time is permitted for the birth of the employee’s child, or placement of a child with the employee for adoption or foster care, to care for the employee’s spouse, child, or parent who has a serious health condition, or for a serious health condition that makes the employee unable to perform his or her job. Option: Notification of Calculation Methods The calculation method the CIL uses to determine the 12-month period in which the 12 workweeks of leave entitlement occurs is ______________________________. Family Leave and Pregnancy Time off from work because of the employee’s disability due to pregnancy, childbirth, or related medical condition is not counted as time used for the state Family Rights Act leave, but is counted as time used for Family and Medical Leave Act leave. Pregnant employees may have the right to take a pregnancy disability leave in addition to family or medical leave. Such employees should contact their supervisor regarding their individual situation. Any leave taken for the birth, adoption, or foster care placement of a child does not have to be taken in one continuous period of time. The Family Rights Act leave taken for the birth or placement of a child will be granted in minimum amounts of two weeks. However, the CIL will grant a request for a Family Rights Act leave (for birth/placement of a child) of less than two weeks’ duration on any two _________________________________________________________________ Page 56 of 72 Employee Handbook occasions. Any leave taken must be concluded within one year of the birth or placement of the child with the employee. Requests for Leave The following procedures shall apply when an employee requests family leave: Please contact your supervisor as soon as you realize the need for family/medical leave. If the leave is based on the expected birth, placement for adoption or foster care, or planned medical treatment for a serious health condition of the employee or a family member, the employee must notify the CIL at least 30 days before leave is to begin. The employee must consult with his or her supervisor regarding scheduling of any planned medical treatment or supervision in order to minimize disruption to the operations of the CIL. Any such scheduling is subject to the approval of the health care provider of the employee or the health care provider of the employee’s child, parent, or spouse. DRAFT If the employee cannot provide 30 days’ notice, the CIL must be informed as soon as practical. Additional Requirements for Serious Health Condition If the Family and Medical Leave Act/ Family Rights Act request is made because of the employee’s own serious health condition, the CIL may require, at its expense, a second opinion from a health care provider that the CIL chooses. The health care provider designated to provide a second opinion will not be one who is employed on a regular basis by the CIL. If the second opinion differs from the first opinion, the CIL may require, at its expense, the employee to obtain the opinion of a third health care provider designated or approved jointly by the employer and the employee. The opinion of the third health care provider shall be considered final and binding on the CIL and the employee. Certification by Health Care Providers The CIL requires the employee to provide certification as explained in the following policy within 15 days of any request for Family and Medical Leave Act/ Family Rights Act leave, unless it is not practicable to do so. The CIL may _________________________________________________________________ Page 57 of 72 Employee Handbook require recertification from the health care provider if additional leave is required. If the leave is needed to care for a sick child, spouse, or parent, the employee must provide a certification from the health care provider stating: Date of commencement of the serious health condition; Probable duration of the condition; Estimated amount of time for care by the health care provider; and Confirmation that the serious health condition warrants the participation of the employee. When both parents are employed by the CIL and request simultaneous leave for the birth or placement for adoption or foster care of a child, the CIL will not grant more than 12 workweeks total of family/medical leave for each employee. DRAFT If an employee cites his or her own serious health condition as a reason for a leave, the employee must provide a certification from the health care provider stating: Date of commencement of the serious health condition; Probable duration of the condition; and Inability of the employee to work at all or to perform any one or more of the essential functions of his or her position because of the serious health condition. Certification The CIL will require certification by the employee’s health care provider that the employee is fit to return to his or her job. Certification and Reinstatement Failure to provide certification by the health care provider of the employee’s fitness to return to work will result in denial of reinstatement for the employee until the certificate is obtained. Note: This policy must be applied uniformly for return from any type of medical leave. _________________________________________________________________ Page 58 of 72 Employee Handbook Coordination with Health Insurance An employee taking family/medical leave will be allowed to continue participating in any health and welfare benefit plans in which he or she was enrolled before the first day of the leave (for up to a maximum of 12 workweeks) at the level and under the conditions of coverage as if the employee had continued in employment for the duration of such leave. The CIL will continue to make the same premium contribution as if the employee had continued working. The continued participation in health benefits begins on the date leave first begins under Family Medical Leave Act (e.g., for pregnancy disability leaves) or under Family Medical Leave Act/ Family Rights Act (e.g., for all other family care and medical leaves). In some instances, the CIL may recover from an employee premiums paid to maintain health coverage if the employee fails to return to work following family/medical leave. DRAFT Employees on family/medical leave who are not eligible for continued paid coverage may continue their group health insurance coverage through the CIL in conjunction with federal COBRA guidelines by making monthly payments to the CIL for the amount of the applicable premium. Employees should contact their supervisors for further information. Payments Made through Payroll Deduction Payment is due when it would be if made by payroll deduction. Payments Made with COBRA Payments Payment is due on the same schedule as payments that are made under COBRA. Payments Made through Cafeteria Plan Payment is to be prepaid pursuant to a cafeteria plan, under which employees choose coverages that best suit them. The amount to be prepaid is 100% of premium, and prepayment will begin on first of each following leave of absence. Mandatory Use of Accrued Paid Leave Time Paid leave will be substituted for unpaid leave in the following circumstances: _________________________________________________________________ Page 59 of 72 Employee Handbook Accrued sick leave is required to be used during Family and Medical Leave Act/ Family Rights Act leave for the employee’s own serious health condition, or, up to a limit of that which is accrued over six months, to attend to the illness of a child, parent, or spouse of the employee. Vacation and other accrued time (other than sick leave) is required to be used for any family/medical leave qualifying event. Discretionary Use of Accrued Paid Leave Time Paid leave may be substituted for unpaid leave in the following circumstances: Vacation and Other Accrued Time (Non-Sick Leave) Vacation and other accrued time (other than sick leave) may be used for any family/medical leave qualifying event. DRAFT Accrued Sick Leave — Serious Health Condition Accrued sick leave may be used by the employee for the employee's own serious health condition. Accrued Sick Leave — Family Members Accrued sick leave may be used for the care of a family member if mutually agreed upon by the CIL and the employee. Accrued Sick Leave — Birth, Adoption, or Foster Care Accrued sick leave may be used for the birth or placement for adoption or foster care of a child if mutually agreed upon by the CIL and the employee. Return from Family/Medical Leave Under most circumstances, upon return from family/medical leave, an employee will be reinstated to his or her original job or to an equivalent job with equivalent pay, benefits, and other employment terms and conditions. However, an employee has no greater right to reinstatement than if he or she had been continuously employed rather than on leave. For example, if an employee on family/medical leave would have been laid off had he or she not gone on leave, or if the employee’s job is eliminated during the leave and no equivalent or _________________________________________________________________ Page 60 of 72 Employee Handbook comparable job is available, then the employee would not be entitled to reinstatement. In addition, an employee’s use of family/medical leave will not result in the loss of any employment benefit that the employee earned before using family/medical leave. Reinstatement after family/medical leave may be denied to certain salaried “key” employees under the following conditions: An employee requesting reinstatement was among the highest-paid 10 percent of salaried employees employed within 75 miles of the work site at which the employee worked at the time of the leave request; The refusal to reinstate is necessary because reinstatement would cause substantial and grievous economic injury to the CIL’s operations; The employee is notified of the CIL’s intent to refuse reinstatement at the time the CIL determines the refusal is necessary; and DRAFT If leave has already begun, the CIL gives the employee a reasonable opportunity to return to work following the notice described previously. For additional information about eligibility for family/medical leave, contact your supervisor. Carryover Leave granted under any of the reasons provided by state and federal law will be counted as family/medical leave and will be considered as part of the 12workweek entitlement in a 12-month period. The 12-month period is measured forward from the date any employee’s first Family and Medical Leave Act leave begins. Successive 12-month periods commence on the date of an employee’s first use of such leave after the preceding 12-month period has ended. No carryover of unused leave from one 12-month period to the next 12-month period is permitted. Return from Pregnancy Leave Pregnancy, childbirth, or related medical conditions will be treated like any other disability, and an employee on leave will be eligible for temporary disability benefits in the same amount and degree as any other employee on leave. Any female employee planning to take pregnancy disability leave should advise the personnel department as early as possible. The individual should make an appointment with the personnel manager to discuss the following conditions: _________________________________________________________________ Page 61 of 72 Employee Handbook Employees who need to take pregnancy disability must inform the CIL when a leave is expected to begin and how long it will likely last. If the need for a leave or transfer is foreseeable, employees must provide notification at least 30 days before the pregnancy disability leave or transfer is to begin. Employees must consult with the personnel manager regarding the scheduling of any planned medical treatment or supervision in order to minimize disruption to the operations of the CIL. Any such scheduling is subject to the approval of the employee’s health care provider; If 30 days’ advance notice is not possible, notice must be given as soon as practical; Upon the request of an employee and recommendation of the employee’s physician, the employee’s work assignment may be changed if necessary to protect the health and safety of the employee and her child; DRAFT Requests for transfers of job duties will be reasonably accommodated if the job and security rights of others are not breached; Temporary transfers due to health considerations will be granted when possible. However, the transferred employee will receive the pay that accompanies the job, as is the case with any other temporary transfer due to temporary health reasons; Pregnancy leave usually begins when ordered by the employee’s physician. The employee must provide the CIL with a certification from a health care provider. The certification indicating disability should contain: The date on which the employee became disabled due to pregnancy; The probable duration of the period or periods of disability; and A statement that, due to the disability, the employee is unable to perform one or more of the essential functions of her position without undue risk to herself, the successful completion of her pregnancy, or to other persons. Leave returns will be allowed only when the employee’s physician sends a release; An employee will be allowed to use accrued sick time (if otherwise eligible to take the time) during a pregnancy disability leave. An employee _________________________________________________________________ Page 62 of 72 Employee Handbook will be allowed to use accrued vacation or personal time (if otherwise eligible to take the time) during a pregnancy disability leave; and Duration of the leave will be determined by the advice of the employee’s physician, but employees disabled by pregnancy may take up to four months. Part-time employees are entitled to leave on a pro rata basis. The four months of leave includes any period of time for actual disability caused by the employee’s pregnancy, childbirth, or related medical condition. This includes leave for severe morning sickness and for prenatal care. Leave does not need to be taken in one continuous period of time and may be taken intermittently, as needed. Leave may be taken in increments of no less than four hours. Under most circumstances, upon submission of a medical certification that an employee is able to return to work from a pregnancy disability leave, an employee will be reinstated to her same position held at the time the leave began or to an equivalent position, if available. An employee returning from a pregnancy disability leave has no greater right to reinstatement than if the employee had been continuously employed. DRAFT Return to the employee’s previously held job shall be guaranteed for six months, provided that the employee complies with the terms of the leave, which are six to twelve months. Return from leave after six to 12 months shall result in the assignment of the employee to any vacant position as a regular job, provided the job can be performed satisfactorily. Coordination with Family Leave If you take pregnancy disability leave and are eligible under the federal or state family and medical leave laws, the CIL will maintain group health insurance coverage for up to a maximum of 12 workweeks (if such insurance was provided before the leave was taken) on the same terms as if you had continued to work. Leave taken under the pregnancy disability policy runs concurrently with family and medical leave under federal law, but not family and medical leave under State Law. If you are ineligible under the federal and state family and medical leave laws, while on pregnancy disability you will receive continued paid coverage on the same basis as other medical leave that the CIL may provide and _________________________________________________________________ Page 63 of 72 Employee Handbook for which you are eligible. In some instances, the CIL may recover premiums it paid to maintain health coverage for you if you fail to return to work following pregnancy disability leave. If you are on pregnancy disability leave and are not eligible for continued paid coverage, or if paid coverage ceases after 12 workweeks, you may continue your group health insurance coverage through the CIL in conjunction with federal COBRA guidelines by making monthly payments to the CIL for the amount of the relevant premium. Contact the personnel manager for further information. Sick Leave Sick leave is a form of insurance that employees accumulate in order to provide a cushion for incapacitation due to illness. It is intended to be used only when actually required to recover from illness or injury; sick leave is not for “personal” absences. Time off for medical and dental appointments will be treated as sick leave. The CIL will not tolerate abuse or misuse of your sick leave privilege. DRAFT The CIL offers paid sick leave to regular full-time employees who have completed their trial period. After completion of your trial period, you accrue paid sick leave at the rate of eight hours per month. Accrued sick leave does not carry over from year to year. The CIL does not pay employees in lieu of unused sick leave. If you are absent longer than three consecutive days due to illness, medical evidence of your illness and/or medical certification of your fitness to return to work satisfactory to the CIL will be required before the CIL honors any sick pay requests. The CIL may withhold sick pay if it suspects that sick leave has been misused. Kin Care Employees may use up to one-half of their yearly sick leave accrual to attend to a child, parent, spouse, domestic partner, or domestic partner's child who is ill. Leave for this purpose may not be taken until it has actually accrued. For purposes of sick leave use, a “child” is defined as a biological, foster, or adopted child; stepchild; or a legal ward. A “child” also may be someone for whom you have accepted the duties and responsibilities of raising, even if he or she is not your legal child. _________________________________________________________________ Page 64 of 72 Employee Handbook A “parent” is your biological, foster, or adoptive parent; stepparent; or legal guardian. A “spouse” is your legal spouse according to the laws of the state, which do not recognize “common law” spouses (a union that has not been certified by a civil or religious ceremony). All conditions and restrictions placed on an employee’s use of sick leave apply also to sick leave used for care of a child, parent, or spouse. A “domestic partner” is another adult with whom you have chosen to share your life in an intimate and committed relationship of mutual caring, and with whom you have filed a Declaration of Domestic Partnership with the Secretary of State. A “domestic partner's child” is the biological, foster or adopted child, stepchild, or legal ward of your domestic partner. A "domestic partner's child" also may be someone for whom your domestic partner has accepted the duties and responsibilities of raising, even if he or she is not your domestic partner's legal child. DRAFT Extended Medical Leave A medical leave of absence may be granted for non-work-related temporary medical disabilities (other than pregnancy, childbirth, and related medical conditions) for up to four months with a doctor’s written certificate of disability. Employees should request any leave in writing as far in advance as possible. If you are granted a medical leave, the CIL will pay you sick pay for the period of time equivalent to your accumulated sick pay earned. You also may use any paid vacation time previously accrued. A medical leave begins on the first day your doctor certifies that you are unable to work, and ends when your doctor certifies that you are able to return to work or after a total of four months of leave, whichever occurs first. Your supervisor will supply you with a form for your doctor to complete, showing the date you were disabled and the estimated date you will be able to return to work. An employee returning from a medical disability leave must present a doctor’s certificate declaring fitness to return to work. If returning from a non-work-related medical leave, you will be offered the same position you held at the time your leave began, if available. If your former position is not available, a comparable position will be offered. If neither the _________________________________________________________________ Page 65 of 72 Employee Handbook same nor a comparable position is available, your return to work will depend on job openings existing at the time of your scheduled return. The CIL makes no guarantees of reinstatement, and your return will depend on your qualifications for existing openings. State workers’ compensation laws govern work-related injuries and illnesses. The state pregnancy disability laws govern leaves taken because of pregnancy, childbirth, and related medical conditions. Family/Medical Leave Any leave taken under this provision qualifying as leave under the state and/or federal Family and Medical Leave Acts will be counted as family/medical leave and charged to your entitlement of 12 workweeks of family/medical leave in a 12-month period. DRAFT Bereavement Leave The CIL grants leave of absence to employees in the event of the death of the employee’s current spouse, child, parent, legal guardian, brother, sister, grandparent, or grandchild; or mother-, father-, sister-, brother-, son-, or daughter-in-law. An employee with such a death in the family may take up to three consecutive scheduled work days off with pay with the approval of the CIL. The employee’s supervisor may approve additional unpaid time off. Personal Leave A personal leave of absence without pay may be granted at the discretion of the CIL. Requests for personal leave should be limited to unusual circumstances requiring an absence of longer than two weeks. Approved personal absences of shorter duration are not normally treated as leaves, but rather as excused absences without pay. Concurrent Personal and Family/Medical Leave Any leave taken under this provision that qualifies as leave under the state and/or federal Family and Medical Leave Acts will be counted as family/medical leave and charged to your entitlement of 12 workweeks of family/medical leave in a 12-month period. _________________________________________________________________ Page 66 of 72 Employee Handbook Military Leave Employees who wish to serve in the military and take military leave should contact your supervisor for information about their rights before and after such leave. You are entitled to reinstatement upon completion of military service, provided you return or apply for reinstatement within the time allowed by law. Jury Duty and Witness Leave The CIL encourages employees to serve on jury duty when called. Non-exempt employees who have completed their trial periods will receive full pay while serving up to fourteen days of jury duty. Exempt employees will receive full salary. You should notify your supervisor of the need for time off for jury duty as soon as a notice or summons from the court is received. You may be requested to provide written verification from the court clerk of performance of jury service. If work time remains after any day of jury selection or jury duty, you will be expected to return to work for the remainder of your work schedule. DRAFT Fees Paid by the Court You may retain any mileage allowance or other fee paid by the court for jury services. Time Off for Voting If an employee does not have sufficient time outside of working hours to vote in an official state-sanctioned election, the employee may take off enough working time to vote. Such time off shall be taken at the beginning or the end of the regular working shift, whichever allows for more free time, and the time taken off shall be combined with the voting time available outside of working hours to a maximum of two hours combined. Under these circumstances, an employee will be allowed a maximum of two hours of time off during an election day without loss of pay. When possible, an employee requesting time off to vote shall give his or her supervisor at least two days notice. _________________________________________________________________ Page 67 of 72 Employee Handbook Volunteer Firefighters No employee shall be disciplined for taking time off to perform emergency duty as a volunteer firefighter. You are also eligible for unpaid leave required training. If you are an official volunteer firefighter, please alert your supervisor that you may have to take time off for emergency duty. When taking time off for emergency duty, please alert your supervisor before doing so when possible. Domestic Violence Leave Employees who are victims of domestic violence are eligible for unpaid leave. You may request leave if you are involved in a judicial action, such as obtaining restraining orders, or appearing in court to obtain relief to ensure your health, safety, or welfare, or that of your child. DRAFT You should provide notice and certification of your need to take leave under this policy. Certification may be sufficiently provided by any of the following: A police report indicating that the employee was a victim of domestic violence; A court order protecting or separating the employee from the perpetrator of an act of domestic violence, or other evidence from the court or prosecuting attorney that the employee appeared in court; or Documentation from a medical professional, domestic violence advocate, health-care provider, or counselor that the employee was undergoing treatment for physical or mental injuries or abuse resulting in victimization from an act of domestic violence. The CIL will, to the extent allowed by law, maintain the confidentiality of an employee requesting leave under this provision. The length of unpaid leave an employee may take is limited to 12 weeks provided for in the federal Family and Medical Leave Act of 1993. School Activities _________________________________________________________________ Page 68 of 72 Employee Handbook Employees are encouraged to participate in the school activities of their child(ren). The absence is subject to all of the following conditions: Parents, guardians, or grandparents having custody of one or more children in kindergarten or grades one to 12 may take time off for a school activity; The time off for school activity participation cannot exceed eight hours in any calendar month, or a total of 40 hours each school year; Employees planning to take time off for school visitations must provide as much advance notice as possible to their supervisor; If both parents are employed by the CIL, the first employee to request such leave will receive the time off. The other parent will receive the time off only if the leave is approved by his or her supervisor; Employees must use vacation leave in order to receive compensation for this time off; DRAFT Employees who do not have paid time off available will take the time off without pay, and Employees must provide their supervisor with documentation from the school verifying that the employee participated in a school activity on the day of the absence for that purpose. Suspension If an employee who is the parent or guardian of a child facing suspension from school is summoned to the school to discuss the matter, the employee should alert his or her supervisor as soon as possible before leaving work. In agreement with the state Labor Code Section 230.7, no discriminatory action will be taken against an employee who takes time off for this purpose. External Employee Education Some employees may need to attend training programs, seminars, conferences, lectures, meetings, or other outside activities for the benefit of the CIL or the individual employees. Attendance at such activities, whether required by the CIL or requested by individual employees, requires the written approval of the general manager. To obtain approval, any employee wishing to attend an activity must submit a written request detailing all relevant information, including date, hours, location, cost, expenses, and the nature, purpose, and justification for _________________________________________________________________ Page 69 of 72 Employee Handbook attendance. Attendance at any such event is subject to the following policies on reimbursement and compensation. For attendance at events required or authorized by the CIL, customary and reasonable expenses will be reimbursed upon submission of proper receipts. Acceptable expenses generally include registration fees, materials, meals, transportation, and parking. Reimbursement policies regarding these expenses should be discussed with the general manager in advance. Employee attendance at authorized outside activities will be considered hours worked for non-exempt employees and will be compensated in accordance with normal payroll practices. This policy does not apply to an employee’s voluntary attendance, outside of normal working hours, at formal or informal educational sessions, even if such sessions generally may lead to improved job performance. While the CIL generally encourages all employees to improve their knowledge, job skills, and promotional qualifications, such activities do not qualify for reimbursement or compensation under this policy unless prior written approval is obtained as described previously. DRAFT Recreational Activities and Programs The CIL or its insurer will not be liable for payment of workers’ compensation benefits for any injury that arises out of an employee’s voluntary participation in any off-duty recreational, social, or athletic activity that is not part of the employee’s work-related duties. Workers' Compensation The CIL, in accordance with state law, provides insurance coverage for employees in case of work-related injury. The workers’ compensation benefits provided to injured employees may include: Medical care; Cash benefits, tax free, to replace lost wages; and Vocational rehabilitation to help qualified injured employees return to suitable employment. _________________________________________________________________ Page 70 of 72 Employee Handbook To ensure that you receive any workers’ compensation benefits to which you may be entitled, you will need to: Immediately report any work-related injury to your supervisor; Seek medical treatment and follow-up care if required; Complete a written Employee's Claim Form (DWC Form 1) and return it to Executive Director; and Provide the CIL with a certification from your health care provider regarding the need for workers’ compensation disability leave, as well as your eventual ability to return to work from the leave. Upon submission of a medical certification that an employee is able to return to work after a workers’ compensation leave, the employee under most circumstances will be reinstated to his or her same position held at the time the leave began, or to an equivalent position, if available. An employee returning from a workers’ compensation leave has no greater right to reinstatement than if the employee had been continuously employed rather than on leave. For example, if the employee on workers’ compensation leave would have been laid off had he or she not gone on leave, or if the employee’s position has been eliminated or filled in order to avoid undermining the CIL’s ability to operate safely and efficiently during the leave, and no equivalent or comparable positions are available, then the employee would not be entitled to reinstatement. DRAFT An employee’s return depends on his or her qualifications for any existing openings. If, after returning from a workers’ compensation disability leave, an employee is unable to perform the essential functions of his or her job because of a physical or mental disability, the CIL’s obligations to the employee may include reasonable accommodation, as governed by the Americans with Disabilities Act. Option: CIL-provided Physician The CIL provides medical treatment for work-related injuries through _____________[insert name] to provide medical care to injured employees because of their experience in treating work-related injuries. Employees who are injured in a work-related incident will be referred to ____________ [insert name] for medical treatment for up to 30 days, unless prior to a work-related injury, the CIL has received from the employee a written notice that the employee wishes to be treated by his or her own physician. In all cases, employees may seek treatment from their own physician after 30 days, should they so desire. _________________________________________________________________ Page 71 of 72 Employee Handbook The law requires this CIL to notify the workers’ compensation insurance CIL of any concerns of false or fraudulent claims. Any person who makes or causes to be made any knowingly false or fraudulent material statement or material misrepresentation for the purpose of obtaining or denying workers’ compensation benefits or payments is guilty of a felony. A violation of this law is punishable by imprisonment for one to five years, or by a fine not exceeding $50,000 or double the value of the fraud, whichever is greater, or both. Additional civil penalties may also apply. Inclement Weather/Natural Disasters In the event of severe weather or a natural disaster that prevents employees from safely traveling to and from work, the following leave policies will apply: DRAFT Inclement weather: Conditions that excuse absence from work include: snow, road closure, announced avalanche danger, whiteout, heavy rain, and severe flooding. If weather conditions prevent you from safely traveling to work, you must notify your supervisor by phone, if telephone service is functional, or by any other available means. Employees may be paid for up to three day(s) per year when weather conditions prevent them from reaching the worksite. Absences in excess of three day(s) will be unpaid or will be deducted from accumulated vacation time. Natural disasters: In the event of a natural disaster such as earthquake, fire, or explosion, the office will be closed if the building is damaged or highways leading to the office are damaged. For instructions on reporting to another location, contact the office immediately, if possible. _________________________________________________________________ Page 72 of 72
