Employee Handbook & Policies Revised January, 2007 Board of Directors YWCA San Francisco & Marin 2/17/2016 - 7:56:58 AM Table of Contents Section 1. Introduction ..................................................................................... 5 1.01 Welcome to the YWCA San Francisco & Marin .......................................... 5 1.02 The Purpose of the Personnel Policies ....................................................... 6 1.03 The YWCA Bulletin Board........................................................................... 6 Section 2. The Employment Relationship ....................................................... 6 2.01 Employment Is At Will ................................................................................. 6 Section 3. Equal Employment Opportunity..................................................... 7 3.01 Commitment to Equal Opportunity .............................................................. 7 3.02 Harassment Will Not be Tolerated .............................................................. 8 3.03 A.D.A. Policy............................................................................................... 9 Section 4. Hiring ............................................................................................. 10 4.01 Recruitment .............................................................................................. 10 4.02 Selection of Staff ...................................................................................... 10 4.03 Employment of Relatives .......................................................................... 10 4.04 Employment of Board Members................................................................ 11 Section 5. New Employee Information .......................................................... 11 5.01 New Employee Orientation ....................................................................... 11 5.02 Proof of Work Eligibility ............................................................................. 11 5.03 Pre-Employment Testing .......................................................................... 12 5.04 Securities .................................................................................................. 12 5.05 Memorandum of Employment ................................................................... 12 5.06 Conflicts of Interest ................................................................................... 12 5.07 Political Activities Not Sponsored by the YWCA ....................................... 13 Section 6. Employee Classifications ............................................................. 13 6.01 Classification of Staff Positions ................................................................. 13 6.02 Anniversary Date ...................................................................................... 14 6.03 Temporary Employees .............................................................................. 14 6.04 Part-Time and Full-Time Employees ......................................................... 14 6.05 Exempt and Non-Exempt Employees ....................................................... 14 6.06 Contract Employment ............................................................................... 15 6.07 Outside Employment ................................................................................ 15 6.08 Probationary Period for Newly-Promoted Employees ............................... 16 Section 7. Hours ............................................................................................. 16 7.01 Work Week and Hours of Work................................................................. 16 7.02 Meal and Rest Breaks .............................................................................. 16 7.03 Overtime ................................................................................................... 17 7.04 Compensatory Time ................................................................................. 17 7.05 Time Sheets ............................................................................................. 18 Section 8. Pay Policies ................................................................................... 18 8.01 Payday ..................................................................................................... 18 8.02 Payroll Deductions .................................................................................... 19 8.03 Wage Garnishments ................................................................................. 19 8.04 Direct Deposit ........................................................................................... 19 8.05 Expense Reimbursement.......................................................................... 19 Section 9. Employee Benefits ........................................................................ 21 9.01 Employee Benefit Plans ............................................................................ 21 YWCA—Employee Handbook Page 2 9.02 Healthcare Benefits .................................................................................. 21 9.03 Life Insurance ........................................................................................... 22 9.04 Retirement Benefits .................................................................................. 22 9.05 State Disability Insurance ......................................................................... 22 9.06 Workers’ Compensation Insurance ........................................................... 22 9.07 Social Security .......................................................................................... 23 9.08 Unemployment Insurance ......................................................................... 23 Section 10. Use of YWCA Property.................................................................. 23 10.01 YWCA Property .................................................................................. 23 10.02 YWCA Vehicles .................................................................................. 23 10.03 Telephone System .............................................................................. 24 10.04 Return of YWCA Property ................................................................... 24 Section 11. Leave and Time Off ....................................................................... 24 11.01 Vacation .............................................................................................. 24 11.02 Holidays .............................................................................................. 25 11.03 Sick Leave .......................................................................................... 26 11.04 Family and Medical Leave .................................................................. 27 11.05 Paid Family Leave .............................................................................. 29 11.06 Pregnancy Disability Leave ................................................................. 29 11.07 Occupational Disability Leave ............................................................. 29 11.08 Bereavement Leave ............................................................................ 30 11.09 Military Leave ...................................................................................... 30 11.10 Voting ................................................................................................. 31 11.11 Jury Duty ............................................................................................ 31 11.12 School Visits and Activities ................................................................. 31 11.13 Emergency Leave of Absence ............................................................ 31 11.14 Other Legally Required Leaves of Absence ........................................ 31 11.15 Effect of Leave on Benefits ................................................................. 32 Section 12. Performance .................................................................................. 32 12.01 Your Job Performance ........................................................................ 32 12.02 Performance Reviews ......................................................................... 33 12.03 Salary Review ..................................................................................... 33 12.04 Advancement and Promotions ............................................................ 33 Section 13. Workplace Behavior...................................................................... 33 13.01 Personal Conduct ............................................................................... 33 13.02 Punctuality and Attendance ................................................................ 34 13.03 Employee Appearance and Dress....................................................... 34 13.04 Pranks and Practical Jokes ................................................................. 35 13.05 Threatening, Abusive or Vulgar Language .......................................... 35 13.06 Acceptance of Gifts and Gratuities Prohibited ..................................... 35 13.07 Horseplay ........................................................................................... 35 13.08 Fighting ............................................................................................... 36 13.09 Sleeping on the Job ............................................................................ 36 13.10 Insubordination ................................................................................... 36 13.11 Grievance and Complaint Procedure 36 Section 14. Health and Safety .......................................................................... 37 14.01 Safety Policy ....................................................................................... 37 14.02 Workplace Security ............................................................................. 37 YWCA—Employee Handbook Page 3 14.03 14.04 14.05 14.06 Section 15. 15.01 15.02 Section 16. 16.01 16.02 16.03 Section 17. 17.01 17.02 17.03 17.04 17.05 17.06 Section 18. 18.01 18.02 18.03 18.04 Section 19. 19.01 19.02 19.03 Section 20. 20.01 20.02 20.03 20.04 What to Do in an Emergency .............................................................. 38 No Smoking in YWCA Buildings .......................................................... 38 Smoking Allowed in Designated Areas Only ....................................... 38 Violence Is Prohibited ......................................................................... 38 Employee Privacy ......................................................................... 39 Search Policy ...................................................................................... 39 Telephone Monitoring ......................................................................... 39 Computers, Email and the Internet .............................................. 39 E-mail ................................................................................................. 40 Internet Use ........................................................................................ 41 Software Use ...................................................................................... 42 Employee Records ........................................................................ 42 Your Personnel File ............................................................................ 42 Confidentiality of Personnel Files ........................................................ 42 Please Notify Us If Your Information Changes .................................... 42 Work Eligibility Records ...................................................................... 43 Medical Records ................................................................................. 43 Outside Disclosure of Information about Employees ........................... 43 Drugs and Alcohol ........................................................................ 43 Policy Against Illegal Drug and Alcohol Use ........................................ 43 Inspections to Enforce Drug and Alcohol Policy .................................. 44 Drug Testing ....................................................................................... 44 Leave to Participate in Rehabilitation Program .................................... 45 Trade Secrets and Conflicts of Interest ....................................... 45 Confidentiality and Trade Secrets ....................................................... 45 Confidentiality Procedures .................................................................. 45 Conflicts of Interest ............................................................................. 46 Ending Employment ..................................................................... 46 Resignation ......................................................................................... 46 Final Paychecks .................................................................................. 46 Exit Interviews ..................................................................................... 47 References ......................................................................................... 47 YWCA—Employee Handbook Page 4 Section 1. 1.01 Introduction Welcome to the YWCA San Francisco & Marin It is our pleasure to welcome you to the YWCA San Francisco & Marin (hereafter referred to as the “YWCA”). The YWCA strives to act according to its fundamental beliefs and commitments as part of a women’s movement whose mission and purpose are expressed as follows: The YWCA is a women’s membership movement nourished by its roots in the Christian faith and sustained by the richness of many beliefs and values. Strengthened by diversity, the YWCA draws together members who strive to create opportunities for women’s growth, leadership and power in order to attain a common vision: peace, justice, freedom and dignity for all people. The YWCA will thrust its collective power towards the elimination of racism wherever it exists and by any means necessary. We value each one of our employees, and we hope that you find your work here rewarding and satisfying. We think that we are a special place, with a unique history and important mission – made all the more so by the hard work and dedication of our employees. Our success depends on each employee performing his or her job to the best of his or her ability. Each and every job in our organization is important. We urge you not to lose sight of this and remember that our success depends on the manner in which you and your co-workers perform their job duties. We hope you will take pride in your work and in being a member of this team. We also believe in working together to solve any problems in order to maintain a positive working environment. We urge you to talk with your supervisor, manager or the Executive Director, if you have any questions, problems or suggestions. We will be happy to answer your questions, assist you in resolving a work related problem or listen to any suggestions you may have. The YWCA recognizes that the Board and Staff each have a necessary and important function to perform, and that they can perform their functions best when their relationship is a positive and cooperative one. The volunteer leaders, whose major contribution lies in determining the scope, policies and program of the YWCA, depend upon the staff for expert knowledge and skills in fulfillment of the YWCA purpose. This handbook is written to insure the quality of this cooperative relationship and to maintain a high standard of working conditions for those employed to carry out the program and services of the YWCA. The Board of the YWCA reserves the right to amend, add to or delete from these policies. However, the provisions specifying that employment is at-will can be modified only by the Executive Director, in writing, after approval by the Board. YWCA—Employee Handbook Page 5 1.02 The Purpose of the Personnel Policies We think that employees are happier and more valuable if they know what they can expect from the YWCA and what the YWCA expects from them. We expect you to incorporate this information into your day-to-day job performance, striving to meet our values in everything you do. The remainder of this handbook will familiarize you with the privileges, benefits and responsibilities of being an employee at the YWCA. Please understand that this handbook can only highlight and summarize our agency’s policies and practices. For detailed information, you will have to talk to your supervisor or the Executive Director. In this agency, as in the rest of the world, circumstances are constantly changing. As a result, we may have to revise, rescind or supplement these policies from time to time. Nothing in this handbook is a contract or a promise. The policies can change at any time, for any reason, without warning. The most current published version of the Personnel Policies will govern for all purposes. Employees must understand that they are obligated to comply with the Personnel Policies that are current at any point in time, and that the YWCA has no obligations based on prior versions of the Personnel Policies. We are always looking for ways to improve communications with our employees. If you have suggestions for ways to improve this handbook or the Personnel Policies in particular or employee relations in general, please feel free to bring them to the attention of Executive Director or the President of the Board. 1.03 The YWCA Bulletin Board You can find important information about the YWCA and your employment posted on the bulletin board located in the following locations: In the kitchen at 271 Austin Street and in the copy room at 940 Powell Street. This is also the place where we post important information regarding your legal rights, including information about equal employment opportunity laws and wage and hour laws. We expect all employees to periodically read the information on the bulletin board. Section 2. 2.01 The Employment Relationship Employment Is At Will We are happy to welcome you to the YWCA. We sincerely hope that your employment here will be a positive and rewarding experience. However, we cannot make any guarantees about your continued employment at the YWCA. The YWCA is an at-will employer. The policy of at-will employment means that employment with the YWCA is voluntarily entered into, and employees may voluntarily resign from employment at any time for any reason. At the same time, the YWCA reserves the right to make decisions to terminate employment - either of an individual or a number of employees - in its sole discretion, with or without cause, and with or without advance notice. The YWCA also reserves the right to modify any aspect, term or condition of employment (e.g., job duties, title, compensation, hours, benefits, location of work, YWCA—Employee Handbook Page 6 policies and practices) except for the at-will nature of the employment relationship - at any time, with or without cause and with or without advance notice. No individual member of the YWCA staff or Board or volunteers is authorized to modify this policy by making any oral or written statement to the contrary. As the legal employer of YWCA staff, the Board continues to be responsible for the adoption of personnel policies and policy revisions. Nothing in these Personnel Policies, the YWCA's Standard Operating Procedures, employment applications, recruitment materials or other employment documents should be deemed to alter this policy of at-will employment or to express or imply any promise of continued employment with the YWCA. To the extent that there appears to be an inconsistency between this at-will policy and any statement in any other YWCA document, this policy shall control. Section 3. 3.01 Equal Employment Opportunity Commitment to Equal Opportunity The YWCA believes that all people are entitled to equal employment opportunity. We do not discriminate against employees or applicants on the basis of gender, gender identity/expression, race, color, religious creed, marital status, age, national origin or ancestry, physical disability, mental disability, medical condition, Vietnam Era or disabled veteran status, military service, sexual orientation, or disability as defined under the Americans with Disabilities Act, or on any other characteristic protected by state or federal law. Equal Employment Opportunity will be extended to all persons in all aspects of the employer-employee relationship, including recruitment, hiring, upgrading training, promotion, transfer, discipline, layoff, recall and termination. YWCA will make reasonable accommodations for the known physical or mental disabilities of an otherwise qualified applicant for employment or employee unless undue hardship to the YWCA would result. Any applicant or employee who requires accommodation in order to perform the essential functions of a job should contact the Executive Director. The applicant or employee should advise the YWCA what accommodations he or she believes are needed in order to perform the job. The YWCA will determine possible accommodations, if any. If the accommodation is reasonable, will enable the employee to perform the essential functions of the job, and will not impose undue hardship upon the YWCA, the YWCA will make the reasonable accommodation. The Affirmative Action Program of the YWCA is a legal and social necessity to support our mission of eliminating racism wherever it exists and by any means necessary, consistent with federal and state law. If any employee believes that he or she has been subjected to any form of unlawful discrimination, the employee should report the facts of the incident or incidents, names of the individuals involved, and the names of any witnesses to the Executive Director, his or her supervisor or any member of management that the employee feels most comfortable with. The YWCA will promptly and thoroughly investigate all claims of discrimination and ensure that appropriate action will be taken. Any employee found to have engaged in any form of unlawful discrimination will be subject to disciplinary action up to and including termination. The YWCA YWCA—Employee Handbook Page 7 will also take action to deter any future discrimination. The YWCA’s determination and related YWCA actions will be communicated to the reporting employee. No action will be taken by the YWCA against any employee in any manner for reporting or opposing any form of unlawful discrimination. YWCA firmly believes that all people are entitled to Equal Employment Opportunity. Employment with the YWCA shall be based on merit, qualifications and competence. Employment decisions shall not be based on gender, gender identity/expression, race, color, religious creed, marital status, age, national origin or ancestry, physical disability, mental disability, medical condition, Vietnam Era or disabled veteran status, military service, sexual orientation or other protected characteristic, except where certain characteristics are essential bona fide occupational requirements or where a handicap is a bona fide occupational disqualification, as required by state and federal laws. This policy covers all areas of employment, including recruitment, hiring, training, assignment, transfer, promotion, compensation, benefits, and termination. 3.02 Harassment Will Not be Tolerated The YWCA is committed to protecting the rights and dignity of each individual it serves and every employee who provides these services. We strive to provide and maintain a work environment free from unlawful harassment. Harassment of a co-employee does not contribute to a healthy working environment. It undermines the integrity of the employment relationship. It may have serious consequences not only for the employees involved but also for the entire YWCA. YWCA policy prohibits sexual harassment and harassment based on gender, gender identity/expression, race, color, religious creed, marital status, age, national origin or ancestry, physical disability, mental disability, medical condition, Vietnam-Era or disabled veteran status, military service, sexual orientation or any other basis protected by federal and state law. The YWCA’s anti harassment policy applies to all persons involved in the operation of the YWCA. Failure to adhere to this policy will result in disciplinary action up to and including termination of employment. All supervisors and managers are responsible for implementing and monitoring compliance with this policy. Harassment refers to unwelcome, deliberate or repeated unsolicited verbal, physical or sexual conduct, which negatively affects an employee’s job performance or environment. Some types of harassment are: 1. Verbal or Visual Harassment. This includes, but is not limited to, derogatory or vulgar comments regarding a person’s race, sex, religion, ethnic heritage or physical appearance; threats of physical harm; distribution of offensive written or graphic material; or “kidding” that another individual considers unacceptable. This includes comments (beyond mere courtesy) about an individual’s physical appearance or telling jokes that others are likely to consider offensive. 2. Physical Harassment. This includes, but is not limited to, hitting, pushing, or other aggressive physical contact. This also includes unwelcome physical contact with another individual that is not appropriate. YWCA—Employee Handbook Page 8 3. Sexual Harassment. This includes, but is not limited to, unwelcome or unsolicited sexual advances, demands for sexual favors, or other verbal or physical conduct of a sexual nature. 4. Retaliation. This includes, but is not limited to, retaliation against an employee for opposing or complaining about an occurrence or occurrences of harassment. An employee or applicant who feels that he or she has experienced or observed an incident of harassment should report the incident immediately to his or her supervisor and the Executive Director or Board President. Supervisors so informed are to contact the Executive Director each time there is a complaint or incident. Management has the responsibility of investigating and resolving complaints of harassment to the extent of a full and fair investigation of the complaint. No employee need ever fear any retaliation or reprisal for bringing such a problem to our attention. Any employee who is unclear about what constitutes harassment may bring his or her questions to their supervisor, Executive Director or Board President. The YWCA cannot improve the work environment without the help of our employees and the prompt communication of a harassment problem or question. As well as being against YWCA policy, sexual harassment is against the law. In California, complaints of harassment may be registered with the California Department of Fair Employment & Housing at 111 North Market Street, 8th Floor, San Jose, California, 95113, telephone number (408) 277-1277. 3.03 Americans with Disabilities Act (ADA) Policy It is the YWCA’s policy to allow for reasonable accommodation i.e. any change or adjustment, to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities. For example, reasonable accommodation may include: providing or modifying equipment or devices job restructuring part-time or modified work schedules reassignment or modified work schedules adjusting or modifying examinations, training materials, or policies providing readers and interpreters, and making the workplace readily accessible to and usable by people with disabilities As employer, the YWCA provides reasonable accommodation to a qualified applicant or employee with a disability unless the YWCA can show that the accommodation would be an undue hardship – that is, that would require significant difficulty or expense. YWCA—Employee Handbook Page 9 Section 4. 4.01 Hiring Recruitment We know that we are only as good as our employees, so we search as widely as possible for talented and motivated individuals to fill vacant positions in the YWCA. Our recruitment methods include advertising, referrals and employment agencies. Although these methods have served us well in the past, we know that the marketplace is ever changing and that finding high quality people is an evolving process. We encourage our employees to share with us their ideas as to what more we can do to find and recruit talented and motivated individuals. We conduct all recruiting in a fair and nondiscriminatory manner. All position vacancies shall be reported to the Executive Director. Vacancies will be announced internally when commencement of external recruitment begins. Internal applicants will be considered on the same basis as external applicants. Employees are hired on the basis of ability or assessed potential to meet realistic job requirements. Employees must be willing to accept responsibility for implementing the mission as well as goals and objectives adopted by the YWCA’s Board. Some positions may require speaking a language other than English. The Executive Director is required to become member or associate of the YWCA. All other staff is encouraged to become members or associates. 4.02 Selection of Staff The Board of Directors has the ultimate responsibility for employing the Executive Director, who serves at the will of the Board and will be a member or an associate of the YWCA. The Executive Director is responsible for the employment of all other staff. She/he may delegate employment and separation functions to appropriate supervisory staff. Any such delegation of authority must be in writing by the Executive Director. All offers of employment must be approved in writing by the Executive Director for classification and salary range. Employees shall not be eligible for election to an office of the YWCA, nor service on the Board or appointment to any committee of the YWCA. 4.03 Employment of Relatives The employment of relatives of current employees, Board members or volunteers is not encouraged by the YWCA. However, the YWCA will not refuse to consider or hire someone simply because he or she is related to one of our current employees (or Board members or volunteers) as long as the applicant qualifies for the position on their own merits. There are times, however, when employing relatives is inappropriate and has the potential to affect the morale of other employees and to create conflicts of interest for the relatives involved. Accordingly, relatives will not be employed when: (1) they will be subject to the supervision of a member of their family; (2) they will supervise a family member; (3) where a YWCA—Employee Handbook Page 10 member of their family would play a significant role in making decisions concerning their direct benefit; or (4) the nature of the work is highly sensitive or confidential. If two employees become related while working for this YWCA, and if one of them is in a position of supervision over the other, or in a position of conflict, as outlined above, only one of the employees will be allowed to keep his or her current position. The other will either have to transfer to another position or leave the YWCA. Under this policy, the term “relatives” encompasses husbands, wives, live-in partners, parents, children, siblings, in-laws, cousins, aunts and uncles. This policy covers biological relationships, marriage relationships, domestic partner relationships and step relationships. 4.04 Employment of Board Members A Board member may not be hired and compensated as an employee of the YWCA during the time for which a member serves on the Board of Directors. There shall be a sixmonth period of separation from Board membership before a board member can apply and be considered for YWCA employment. Section 5. 5.01 New Employee Information New Employee Orientation Within a day or two of starting work, you will be scheduled for a new employee orientation meeting. During this meeting, you will receive important information about the YWCA’s policies, procedures and philosophy. You will also be asked to complete paperwork and forms relating to your employment, such as tax withholding forms and emergency contact forms. These forms are maintained by the Executive Director. Please feel free to ask any questions you might have about the YWCA during the orientation meeting. If additional questions come up after the meeting, you can ask your supervisor or the Executive Director. 5.02 Proof of Work Eligibility Within three business days of your first day of work, you must complete Federal Form I-9 and show us documentation proving your identity and your eligibility to work in the United States. The federal government requires us to do this. The Immigration Reform and Control Act of 1986 requires all employers to hire only persons who are legally authorized to work in the United States. All employees must provide, at the time of hire and as a condition of employment, proof of their identity and legal eligibility to work in this country. From time to time, federal authorities may notify the YWCA when employee names and social security numbers do not match their records. When this happens, you must provide the YWCA with correct information within ten days. If you cannot do so, the YWCA will have to assume that the documentation provided was false, and you may be terminated. YWCA—Employee Handbook Page 11 If you have worked for the YWCA previously, you need only provide this information if it has been more than three years since you last completed an I-9 Form for us or if your current I9 Form is no longer valid. The Executive Director or her designee will give you an I-9 Form and tell you what documentation you must present. 5.03 Pre-Employment Testing In order to provide a safe and productive work environment for all YWCA employees and the clients we serve, each applicant who is conditionally offered employment may be required to undergo a basic pre-employment health examination including tuberculosis test, in order to demonstrate their ability to perform the essential functions of the job. Specific medical information will not be requested; only a doctor’s signed statement that the employee can perform the duties outlined in the job description Such exam costs will be borne by the YWCA. The YWCA reserves the right to require a drug and alcohol test and to conduct a pre-employment criminal background check. Any such exam costs will be borne by the YWCA. 5.04 Security All YWCA employees who work with children will be fingerprinted as required by the California Department of Social Services. The cost of fingerprints will be borne by the YWCA. All employees who transport clients in their own vehicles shall provide, to the Executive Director, proof of insurance coverage and a print out of your DMV driving record before transporting clients. Employees are responsible for providing proof of insurance every six months or when they change insurance providers. The YWCA will recheck driving records each year as a part of the renewal process for our automobile insurance. 5.05 Memorandum of Employment A Memorandum of Employment shall be given to each regular employee at the time of employment. Two copies are to be signed, one shall be returned to the YWCA and the other retained by the employee. If an Executive Director is to be employed, the letter of employment shall be signed by the Executive Director Pro-tem and the President of the YWCA Board. All other staff will have a letter signed by the Executive Director and themselves. The Memorandum of Employment shall include: confirmation of date employment is to begin, job title, job classification, starting rate of pay, whether the position is full or part-time, exempt or non-exempt, regular or temporary, number of hours to be worked, programs/department number, location code, and the signature of the Executive Director. Nothing in the letter shall be construed as a contract or shall alter the at-will basis of employment for all employees. 5.06 Conflicts of Interest All employees have a primary responsibility to the YWCA and are expected to avoid any activity, which may interfere, or have the appearance of interfering, with the performance of her YWCA—Employee Handbook Page 12 or his job responsibilities. Any outside interest that prevents an employee from putting the organization's considerations first in a business transaction is a conflict of interest. To avoid conflicts, employees are not to take part in or influence any business dealings if they are in a position in which their own interests conflict with the best interests of the YWCA. The Constitution and Bylaws of the YWCA of the U.S.A. also prohibits an employed staff member from being a Board Member of a member association or the YWCA of the U.S.A. While it is not feasible to describe all possible conflicts of interests that could develop, full disclosure, to the Executive Director or the Board President, must be made in the event of the following situations: 1. A member of the Board is related to a staff member; 2. A member of the staff receives payment from the YWCA for any sub-contracts, goods or services, such as consultant, construction or remodeling; and /or 3. A member of the staff is a member of the governing body of a contributor to the YWCA. Failure to adhere to this guideline, including failure to disclose any conflict or to seek an exception will result in discipline, up to and including termination of employment. 5.07 Political Activities Not Sponsored by the YWCA Participation in civic and political activities not sponsored by the YWCA generally is considered to be a personal matter and, as such, is to be carried on outside of normal working hours. No partisan political activities or solicitations will be carried on within YWCA premises. Non-YWCA political activities are defined for purposes of this policy as activities in support of any partisan political issue or activities in support of, or in concert with, any individual candidate for political office or political party which seeks to influence the election of candidates to federal, state or local offices. The definition includes employees who are or may be candidates for political office. Section 6. 6.01 Employee Classifications Classification of Staff Positions The classification for each position is included in the job description. Positions are defined as exempt or non-exempt in accordance with the provisions of the Fair Labor Standards Act and State Wage Orders (discussed further in Section 6.5). Independent contractors are persons who work on a fee-for-service basis according to the provisions of a written agreement. They are not employees of the YWCA and do not accrue benefits. YWCA—Employee Handbook Page 13 6.02 Anniversary Date The first day of employment is known as the “anniversary” or “hire date”. 6.03 Temporary Employees Periodically, it becomes necessary for us to hire individuals to perform a job or to work on a project that has a limited duration. Typically, this happens in the event of a special project, special time of year, abnormal workload or emergency. Individuals whom we hire for such work are considered temporary employees. They are not eligible to participate in any of the YWCA benefit programs. Temporary employees will be offered all benefits mandated by law and others approved by the YWCA Board of Directors. Temporary employees cannot change from temporary status to any other employment status by such informal means as remaining in our employ for a long period of time or through oral promises made to them by coworkers, members of management, members of the Board or supervisors. The only way a temporary employee’s status can change is through a written notification approved by the YWCA Board and signed by Executive Director. Like all employees who work for the YWCA, temporary employees work on an at-will basis. This means that both they and the YWCA are free to terminate their employment at any time for any reason that is not illegal—even if they have not completed the temporary project for which they have been hired. 6.04 Part-Time and Full-Time Employees Depending on the number of hours per week you are regularly scheduled to work, you are either a part-time or a full-time employee. 6.05 Part-time employees: Employees who are regularly scheduled to work fewer than 40 hours per week are part-time employees. Full-time employees: Employees who are regularly scheduled to work 40 hours per week are full-time employees. Exempt and Non-Exempt Employees Your entitlement to earn overtime pay depends on whether you are classified as an exempt or a non-exempt employee. Exempt employees are those who do not earn overtime because they are exempt from the overtime provisions of the federal Fair Labor Standards Act and applicable state laws. Non-exempt employees are those who meet the criteria for being covered by the overtime provisions of the federal Fair Labor Standards Act and applicable state laws. If you are uncertain about which category you fall into, speak to the Executive Director. YWCA—Employee Handbook Page 14 6.06 Contract Employment The YWCA may enter into independent contractor arrangements with individuals on a fee-for-service basis for certain specific assignments, generally of limited duration, pursuant to the provisions of a written agreement. Contracts will state the beginning and ending date of employment and that the contract may be canceled by either the YWCA or the employee with at least two weeks notice. Renewal of the contract at the end of the contractual period is not automatic and should not be assumed. Contract employees will be considered for new contract employment at the end of their contractual term along with other applicants. No individual member of the YWCA staff or Board is authorized to promise renewal of a contract at the end of the contractual period, and no verbal statement by such an individual should be construed as a guarantee of renewal of employment. Contractors are not employees of the YWCA and do not accrue benefits. 6.07 Outside Employment The YWCA does not encourage or object to employees holding outside employment, including but not limited to: other employment, ownership or operation of a business, employment as a consultant or advisor, or employment in another social service-related agency. However, such outside employment must not conflict with the performance of the employee’s YWCA duties nor be in competition with the YWCA. Whether such outside employment is acceptable depends upon the specific duties of the employee and the actual or potential relationship between the outside employer and the YWCA. Staff members must report all outside employment to the Executive Director. In the case of the Executive Director, the outside employment will be discussed with the President of the Board. If a conflict of interest is found to exist, the situation will be discussed and corrective action to eliminate the conflict of interest will be taken by either the employee or the YWCA. If the YWCA determines that outside employment interferes with YWCA interests, an employee may be asked to terminate the outside employment if she/he wishes to remain employed by the YWCA. All staff acknowledge that all programs, manuals, media presentations, etc. which may be developed during the period of employment are the property of the YWCA and may not be used for outside employment. 6.08 Introductory Period The first three months of continuous employment at the YWCA are considered an introductory period. During this time, your supervisor will work with you to help you learn how to do your job successfully and what the YWCA expects of you. This period also provides both you and the YWCA with an opportunity to decide whether you are suited for the position for which you were hired. During the introductory period, your supervisor will give you feedback on your performance and will be available to answer any questions you may have. At the end of the introductory period, your performance will be evaluated addressing your strengths and weaknesses. Your introductory period may be extended for an additional six (6) months if the YWCA decides that such an extension is appropriate. Although we hope you will be successful here, the YWCA may terminate your employment at any time, either during the introductory period or afterwards, with or without YWCA—Employee Handbook Page 15 cause and with or without notice. You are also free to quit at any time and for any reason, either during the introductory period or afterwards, with or without notice. Successful completion of your introductory period does not guarantee you a job for any period of time or in any way change the at-will employment relationship. 6.09 Probationary Period for Newly-Promoted Employees If the employee has experienced a change of position within the YWCA because of promotion or otherwise, the employee is subject to a probationary period of six (6) months in the new position. If the employee does not successfully complete probation in this new position, the employee will have the option of returning to their old position, should it still be vacant or, whenever possible, to a similar position elsewhere in the YWCA. If the employee takes a position formerly held and in which the employee has successfully completed the six (6) month probationary period, the employee need not repeat a six (6) month probationary period in that position. When a change in position takes place, the date of change will constitute a new anniversary date for the employee, for the purpose of performance/ salary evaluations, but will not result in the loss of any benefits accrued prior to change of position. Section 7. 7.01 Hours Work Week and Hours of Work The YWCA’s regular hours of business are from 9:00 to 5:30 Monday through Friday. Your supervisor will let you know your specific work schedule, which may vary from program to program, including the time when you will be expected to start and finish work each day. Hours expected of each employee will also be specified in your memorandum of employment. The YWCA establishes the time and duration of working hours as required by the workload, program service needs and the efficient management of human resources, in accordance with Federal and State standards. Hours worked includes time for planning and preparation as well as for actual program implementation. Also included in hours worked are staff meetings, supervisory conferences and activities where staff officially represents the YWCA. The usual hours of work for full time staff consist of five eight (8) hour days totaling a forty (40) hour-week, excluding the lunch period. 7.02 Meal and Rest Breaks It is the practice of the YWCA to grant two fifteen minute rest breaks during an eight-hour workday for non-exempt employees. These breaks will be paid. Since this time is counted and paid as time worked, employees must not be absent from their work stations beyond the allotted time. Rest breaks may not be combined or added to an employee’s lunch or meal period. YWCA—Employee Handbook Page 16 In addition, all employees who work over six hours in a day are entitled to take a meal break of not less than 30 minutes after the first five hours of work. Supervisors will schedule meal periods to accommodate operating requirements. Employees will be relieved of all active responsibilities and restrictions during meal periods and will not be compensated for that time. Employees are required to take meal periods. An “on duty” meal period shall be permitted only when the nature of the work prevents an employee from being relieved of all duty and when by written agreement between the parties an on-the-job paid meal period is agreed to. 7.03 Overtime On occasion, the YWCA may ask employees to work beyond their regular scheduled hours. We expect employees to work a reasonable amount of overtime – this is a job requirement. We will try to give employees advance notice when overtime work is necessary; however, it will not always be possible to notify workers in advance. Exempt employees will not be paid for working beyond their regular scheduled hours. Non-exempt employees are entitled to payment for overtime, according to the rules set forth below and/or in accordance with current California Industrial Welfare Commission Wage Orders. (The YWCA is covered under Wage Order 44-98). All overtime work must be approved in advance, in writing, by the employee’s supervisor. Working overtime without permission violates YWCA policy and may result in disciplinary action. For purposes of calculating how many hours an employee has worked in a day or week, our workweek begins at 12:01 a.m. on Sunday and ends at midnight on Saturday. In accordance with current California Law, the YWCA will pay overtime hours to hourly employees at the rate described in the table below: If you worked… In… You will be paid… More than 40 hours One workweek 1 ½ times regular rate of pay More than 8 hours One workday 1 ½ hours regular rate of pay More than 12 hours One workday 2 times regular rate of pay Less than 8 hours on the 7th consecutive day worked One workweek 1 ½ times regular rate of pay More than 8 hours on the 7th consecutive day worked One workweek 2 time regular rate of pay The YWCA will pay hourly employees a premium for working on the following holidays: Thanksgiving, Christmas and New Years Day. Employees who agree to work on these days will receive pay in the amount of time and a half (1½) of their regular pay. 7.04 Compensatory Time YWCA—Employee Handbook Page 17 Exempt employees are paid to accomplish job assignments. They are not paid by the hour, nor do they work in the context of an eight-hour day. On those occasions where special activities necessitate an exempt employee working a substantial amount of overtime, some compensatory time off may be given at the discretion of the supervisor when approved in advance. The YWCA does not maintain a compensatory time off plan or method of accrual. In the event an exempt employee leaves her/his job for any reason (resignation or termination) the employee shall not be paid for unused compensatory time because such individuals are not entitled to overtime pay. Compensation for overtime for non-exempt employees shall be in compliance with appropriate state and federal laws as outlined above in Section 7.03. 7.05 Time Sheets Each employee shall be issued a time sheet. Time sheets are used as a means of accurately recording hours worked and calculating pay. Hourly employees should record regular hours worked, the time they begin and end work each day and the beginning and end of any split shift, as well as meal periods, overtime, absences, and vacations. Exempt employees should use their time sheet to also record any absences and vacations. All time cards must be signed by your supervisor. 7.06 Reimbursement for On Call Services Employees in certain non-exempt positions such as maintenance and operations may be expected to be “on call” at times when they are not at work such as evenings, weekends and holidays. While every effort will be made to minimize the need for an employee to respond or come into work at times other than the regular schedule, certain emergencies will require that the employee come in to handle a problem. In such instances, the employee’s supervisor or the Executive Director will make the decision to ask the employee to come in. When an employee is called in to work by their supervisor, they will be paid at the appropriate overtime rate for a minimum of two hours which will include travel time to and from work. Travel expenses such as parking and bus/BART fares will also be reimbursed by the YWCA. In some cases, only a phone call will be needed to resolve a problem. If this is the case, the employee will be paid a minimum of ½ hour at the appropriate overtime rate. Overtime will be recorded on the time sheet and paid at the next regular payday. Section 8. 8.01 Pay Policies Payday Employees will be advised at the time of hire of the YWCA paydays. YWCA—Employee Handbook Page 18 8.02 Payroll Deductions Your paycheck reflects your total earnings for the pay period, as well as any mandatory or voluntary deductions from your paycheck. Mandatory deductions are deductions that we are legally required to take. Such deductions include federal income tax, Social Security tax (FICA) and any applicable state taxes, such as State Disability Insurance (SDI). Voluntary deductions, such as contributions to the YWCA benefit plans or charitable contributions, are deductions that you have authorized. If you have any questions about your deductions, or wish to change your federal withholding form (Form W-4), contact the Executive Director. 8.03 Wage Garnishments A wage garnishment is an order from a court or a government agency directing us to withhold a certain amount of money from an employee’s paycheck and send it to a person or agency. Wages can be garnished to pay child support, spousal support or alimony, tax debts, outstanding student loans or money owed as a result of a judgment in a civil lawsuit. If we are instructed by a court or agency to garnish an employee’s wages, the employee will be notified of the garnishment at once. Please note that we are legally required to comply with these orders. If you dispute or have concerns about the amount of a garnishment, you must contact the court or agency that issued the order. 8.04 Direct Deposit The YWCA may allow employees the option of receiving their paycheck via direct or auto deposit into a bank account designated by the employee. In the event an employee selects this payment option, the YWCA cannot guarantee the date on which auto deposit funds are posted to your account by your bank and cannot accept any responsibility for deposits posted to your account after payday. Therefore, if you utilize auto deposit, you should be prepared for such deposits to occasionally be posted to your account a time later than specified paydays. 8.05 Expense Reimbursement From time to time, employees may incur expenses on behalf of the YWCA. We will reimburse you for the actual work-related expenses you incur, as long as those expenses are reasonable. You must follow these procedures to get reimbursed: Get permission from your supervisor before incurring an expense. Spend the YWCA’s money wiselymake an effort to save money and use approved vendors if possible. Keep a receipt or some other proof of payment for every expense. Submit your receipts, along with an expense report, to your supervisor for approval within 30 days of incurring an expense. YWCA—Employee Handbook Page 19 Your supervisor is responsible for submitting your expense report to the Executive Director for approval. If your report is approved, you will receive your reimbursement within seven days. Remember that you are spending the YWCA’s money when you pay for businessrelated expenses. We expect you to save money wherever possible. Your supervisor can assist you in deciding whether an expense is appropriate. Procedures for Travel Expenses If employees are required to travel for work, the YWCA will reimburse you for your travel expenses, including: The cost of travel to and from the airport or train station, including parking expenses and tolls The cost of airline or train ticketssuch tickets must be coach class if possible The cost of an economy class rental car or mileage reimbursement, for employees who use their own cars, which ever is more cost efficient, if necessary The cost of lodging -- employees should select moderately priced lodging if possible, and A daily per diem for meals and incidentals paid in accordance to IRS standards. You must request advance approval of all travel expenses from your supervisor and follow the procedures above to have your expenses reimbursed. Mileage Reimbursement Employees who use their own vehicle for YWCA business will be reimbursed at the current IRS rate. This rate changes from year to year and is determined by the IRS. Employees are not entitled to separate reimbursement for gas, maintenance, insurance or other vehiclerelated expensesthe reimbursement rate, above, is intended to encompass all of these expenses. The YWCA does not reimburse employees for their commute to and from the workplace. To claim mileage reimbursement, you must follow these procedures: Keep a written record of your business-related travel, including the total mileage of each business trip, the date of travel, the location to which you traveled and the purpose of your trip. If you anticipate having to travel an unusually long distance, get your supervisor’s approval before making the trip. Submit your record to your supervisor for approval on the last day of the month. Your supervisor is responsible for submitting your record to Executive Director. If your record is approved, you will receive your reimbursement payment. YWCA—Employee Handbook Page 20 Before using a personal vehicle for work-related purposes, employees must be authorized by the Executive Director and must demonstrate that they have a valid driver’s license, registration, adequate insurance coverage, and a satisfactory driving record from DMV. Authorized employees must carry a valid California driver's license, proof of registration, and proof of insurance coverage with them at all times. The employee is responsible for submitting updates to the Executive Director when their auto insurance changes or is renewed. An employee involved in an accident while traveling on YWCA business must report the accident to the Department of Motor Vehicles and to his or her insurance company, as well as to his or her immediate supervisor and the Executive Director. The YWCA will not bear the costs of fines and citations associated with traffic or parking violations incurred while operating a vehicle on YWCA business. Section 9. 9.01 Employee Benefits Employee Benefit Plans As part of our commitment to our employees and their well-being, the YWCA provides all regular full time employees with a variety of benefit plans, including health, dental and life insurance, retirement benefits, Social Security, State Disability Insurance, Workers’ Compensation Insurance, and Unemployment Insurance. Part time employees regularly working at least twenty hours per week and less than forty hours a week receive the same fully paid health and dental benefits as full time employees. Paid time off such as vacation, sick leave, and holidays are provided on a pro-rated basis. Although we introduce you to those plans in this section, we cannot provide the details of each plan here. You should receive official plan documents for each of the benefit plans that we offer. Those documents (along with any updates that we give to you) should be your primary resource for information about your benefit plans. If you see any conflict between those documents and the information in this handbook, the official plan documents are what you should rely upon. The benefits we provide are meant to help employees maintain a high quality of life -both professionally and personally. We sincerely hope that each employee will take full advantage of these benefits. If you don’t understand information in the plan documents or if you have any questions about the benefits we offer, please speak with the Executive Director. No changes may be made to employee benefits without Board approval. 9.02 Healthcare Benefits The YWCA provides full healthcare benefits as outlined in the annual benefit package.. The employee shall be eligible for healthcare coverage on the first of the month following the first 30 days of employment. Insurance premiums for an employee's dependents will be borne by the employee through payroll deductions. Employees not eligible for the health insurance benefit may choose to enroll in the insurance plan at their own cost through payroll deductions. YWCA—Employee Handbook Page 21 In the event of a discrepancy between this information and the plan document, the plan document controls. 9.03 Life Insurance Life insurance is offered as a benefit in conjunction with the medical and dental policy and is paid 100% by the employer to eligible employees through a carrier designated by the YWCA. In the event of a discrepancy between this information and the plan document, the plan document controls. 9.04 Retirement Benefits The YWCA San Francisco & Marin participates in and contributes to the YWCA Retirement Fund, a contributory pension plan. Participation in the YWCA Retirement Fund is a condition of employment upon completion of at least two years of service and 1,000 hours per year. Plan details will be made available to eligible employees. If an employee leaves YWCA employment before satisfying this participation requirement, and is re-employed by a YWCA within a 24-month period, prior service will be counted toward eligibility. If an employee leaves YWCA employment after satisfying the participation requirement and is re-employed by a YWCA at any time, participation resumes immediately; it is not necessary to fulfill another eligibility period. You should refer to the retirement plan document or summary plan description for further details. 9.05 State Disability Insurance Sometimes, an employee suffers an illness or injury outside of the workplace that prevents the employee from working and earning income. If this happens to you, the state disability insurance may provide you with a percentage of your salary while you are unable to work. All employees are eligible for this coverage and pay for it through deductions from their paychecks. To find out more about state disability insurance (SDI), contact the Executive Director. If you suffer from an illness or injury that is work-related, then you may be eligible for workers’ compensation insurance instead of state disability insurance. See the Workers’ Compensation policy, below, or contact the Executive Director for more information. 9.05 Workers’ Compensation Insurance If you suffer from an illness or injury that is related to your work, you may be eligible for workers’ compensation benefits. Workers’ compensation will pay for medical care and lost wages resulting from job-related illnesses or injuries. If you are injured or become ill through work, please inform your supervisor immediately regardless of how minor the injury or illness might be. Thereafter, a report must be filed YWCA—Employee Handbook Page 22 immediately with the Executive Director. To find out more about workers’ compensation coverage, contact the Executive Director. If you are unable to work because of an illness or injury that is not related to work, then you might be eligible for state disability insurance instead of workers’ compensation. See the Disability Insurance policy, above, or contact the Executive Director for more information. Neither the YWCA nor its insurer will be liable for the payment of workers' compensation benefits for any injury that arises out of an employee's voluntary participation in off duty recreational, social or athletic activity that is not part of employee's required work related duties. Any fraudulent claim for workers compensation benefits may result in the termination of employment, serious fines and/or imprisonment. 9.06 Social Security Participation in the Federal Insurance Contribution Act (FICA) is required of all persons employed by the YWCA. This is done through payroll deductions. The YWCA pays a matching amount, which is credited to the employee's federal account. 9.07 Unemployment Insurance If your employment with the YWCA ends, you may be eligible for unemployment benefits. The YWCA pays the full cost of this insurance for each employee. These benefits provide you with a percentage of your wages while you are unemployed and looking for work. To find out more, contact the Executive Director. Section 10. 10.01 Use of YWCA Property YWCA Property We have invested a great deal of money in the property and equipment that you use to perform your job. It is a senseless and avoidable drain on the YWCA when people abuse agency property, misuse it or wear it out prematurely by using it for personal business. We ask all employees to take care of YWCA property and to report any problems to Executive Director. If a piece of equipment or property is unsafe for use, please report it immediately. Please use property only in the manner intended and as instructed. We do not allow personal use of YWCA property unless specifically authorized in this handbook. Failure to use YWCA property appropriately, and failure to report problems or unsafe conditions, may result in disciplinary action, up to and including termination. For information on use of computers, the Internet and software see Section 16 of this Handbook. 10.02 YWCA Vehicles YWCA—Employee Handbook Page 23 We have invested in YWCA vehicles so that our employees can use them on YWCA business in place of their own vehicle. This saves wear and tear on personal vehicles and eliminates the need for keeping track of mileage. We need your help in keeping YWCA vehicles in the best condition possible. Please keep them clean, and please remove any trash or personal items when you are finished using the vehicles. Please immediately report any accidents, mechanical problems or other problems to the Executive Director. We will try to have YWCA vehicles repaired or serviced as soon as possible. Only authorized employees may use YWCA vehicles, and they may do so only on YWCA business. You may not use YWCA vehicles while under the influence of drugs or alcohol or while otherwise impaired. You must have a valid driver's license to use YWCA vehicles, and we expect that you will drive in a safe and courteous manner. If you receive any tickets for parking violations or moving violations, you are responsible for taking care of them. Violating this policy in any way may result in disciplinary action, up to and including termination. 10.03 Telephone System The YWCA's telephone system is for business use only. Employees are expected to keep personal calls to a minimum. If you must make or receive a personal call, please keep your conversation brief. Extensive personal use of YWCA phones is grounds for discipline. See Section 15 of this Handbook for information on privacy and telephones. 10.04 Return of YWCA Property When your employment with this YWCA ends, we expect you to return YWCA property—and to return it clean and in good repair. This includes this Personnel Policies/ Handbook, all manuals and guides, documents, phones, computers, equipment, keys and tools. We reserve the right to take any lawful action to recover or protect our property. Section 11. 11.01 Leave and Time Off Vacation The YWCA recognizes that our employees need to take time off occasionally, to rest and relax, to enjoy a vacation or to attend to personal matters. Employees must schedule their vacations, at least two (2) weeks in advance, with the approval of their supervisor and the Executive Director. Employees are encouraged to take at least five (5) days consecutively. We will try to grant every employee’s vacation request for the days off of their choice. However, we must have enough workers to meet our day-to-day need—which means we might not be able to grant every vacation request, especially during holiday periods. YWCA—Employee Handbook Page 24 Vacation is accrued based upon the date of employment. Earned vacation may be taken after the introductory period. Full time employees are eligible to accrue vacation for each calendar month of service as follows: Years of Employment Vacation Accrual Maximum Accrual 0 to < 2 years 8 hours per month 112 hours > 2 years to < 5 years 12 hours per month 152 hours > 5 years 15 hours per month 192 hours Once an employee has reaches maximum accrual, no more vacation will accrue until the employee uses vacation to reduce the accrued total below the maximum. No advances in vacation hours will be given. Employees are eligible to take paid vacation after the accrual is posted at the end of each month. The vacation year is based on each staff's anniversary date of employment in the position. No employee will accrue more than the maximum accrual. Once an employee’s vacation balance reaches the accrual limit, an employee may accrue more vacation only by taking some vacation time to bring the employee’s balance back below the limit. Vacation for part-time, regular employees working 20 hours per week or more, shall be prorated on the basis of a forty (40) hour per week schedule. Employees will be paid for any accrued and unused vacation when their employment terminates. 11.02 Holidays The YWCA observes the following eleven holidays each year: New Year's Day Martin Luther King's Birthday President's Day Memorial Day YWCA—Employee Handbook Page 25 Fourth of July Labor Day Thanksgiving Friday after Thanksgiving Christmas the day before or day after Christmas or the day before or after Fourth of July (to be determined annually by the Executive Director) * Floating Holiday * The floating holiday can be used by the employee once per calendar year as they choose such as observing a holiday not listed above. The floating holiday must be scheduled 2 weeks in advance and cannot be accrued or carried forward into next calendar year. As with all holidays, employees must work the day before and the day after the holiday to be paid for the holiday. If a holiday falls on a weekend, the Executive Director will inform you when the holiday will be observed. Ordinarily, holidays that fall on a Saturday will be observed the preceding Friday; holidays that fall on a Sunday will be observed the following Monday. When sick leave is taken the day before or after a paid holiday, a doctor’s note will be required for holiday pay to be received. If the work schedule makes it necessary for a staff member to work on a holiday, arrangements will be made for equivalent time off within the pay period. Holiday pay for part-time, regular employees working 20 hours per week or more shall be prorated on the basis of a 40 hour per week schedule regardless of what days of the week they are regularly scheduled. Holidays cannot be accrued or carried forward into the next year. 11.03 Sick Leave Sick leave is granted for an employee's condition requiring medical attention, e.g., illness, hospitalization, out patient treatments, disability, as well as medical and dental appointments that can not be reasonably scheduled outside of work hours. Sick leave is not to be used as vacation time. Any employee who abuses sick leave may be subject to discipline. A doctor's letter or other medical proof may be required to substantiate sick leave. A doctor's certificate is required to qualify for paid sick leave in excess of three days in anyone absence. Employees are eligible to use accumulated sick leave hours as they are accrued. There is no waiting period. Employees earn sick leave at the rate of 4 hours per pay period from the first day of employment and are permitted to use sick leave during their probationary period at the discretion of their supervisor. Sick leave for part-time, regular employees YWCA—Employee Handbook Page 26 working 20 hours per week or more shall be prorated on the basis of a 40 hour per week schedule. The maximum level of accrual is also pro-rated. Employees may accrue a maximum of 480 hours of sick leave. Once an employee has reached this limit, no more sick leave will accrue until the employee uses sick leave to reduce the accrued total below the maximum. The Company will not pay employees for sick days that have accrued but have not been used when employment ends. In the event of illness or injury, which extends beyond the paid sick leave, the employee may be granted an unpaid leave of absence under the Family and Medical Leave Act (see section 11.4 ) for a total period not to exceed four (4) consecutive calendar months, or as stated by law. Up to one half of annual sick leave accrual may be used for absences due to the illness of a spouse, domestic partner, parent or child (including biological, step, foster, adoptive or guardian relationships). 11.04 Family and Medical Leave Employees who have worked for the YWCA for at least one full year (prior to the date on which leave is to commence), and have worked 1,250 hours in the previous year, are eligible to take unpaid family and medical leave for one or more of these purposes: because the employee’s own serious health condition makes the employee unable to work to care for a spouse, child or parent who has a serious health condition, or to care for a newborn, newly adopted child or recently placed foster child. Leave Available Eligible employees may take up to 12 weeks of unpaid leave per calendar year for any of the above purposes. For purposes of calculating available family and medical leave, the year starts on January 1st of each year. A parent who takes leave to care for a newborn, newly adopted child or recently placed foster child must begin this leave within a year after the birth, adoption or placement. Leave taken for the birth, adoption or foster care placement of a child may be taken in minimum increments of two weeks; the YWCA will grant incremental leave requests of less than two weeks on no more than two occasions. Intermittent Leave If you will need to take family and medical leave on an intermittent basis—that is, a day or two at a time rather than all at once—for your own serious health condition or to take care of a family member with a serious health condition, you will be allowed to do so. However, the YWCA may temporarily reassign you to a different position with equivalent pay and benefits to accommodate the intermittent schedule. YWCA—Employee Handbook Page 27 The YWCA will consider requests for intermittent leave to care for a new child on a caseby-case basis. Notice Requirements Employees are required to give notice at least 30 days in advance of their need for a family and medical leave, if their need for leave is foreseeable. In emergencies and unexpected situations, employees must give as much notice as is practicable under the circumstances. YWCA approval is required for any leave of absence. Employees must obtain written YWCA approval before starting leaves of absence. If the leave is approved, the YWCA will set the date on which you are expected to return. If you fail to return to work after the end of the leave of absence without notice to, and prior YWCA approval, or if you work for another YWCA during the leave of absence, you shall be deemed terminated. Reinstatement Rights When you return from an approved family and medical leave, you have the right to return to your former position or a comparable position, consistent with State law, except: You have no greater right to reinstatement than you would have had if you had not been on leave. If your position is eliminated for reasons unrelated to your leave, for example, you have no right to reinstatement. The YWCA is not obligated to reinstate you if you are a key employee—that is, you are among the highest-paid 10% of our workforce and holding your job open during your leave would cause the YWCA substantial economic harm. Medical Certification The YWCA may ask employees who take leave for their own serious health condition or to care for a spouse, parent or child with a serious health condition to provide a doctor’s form certifying the need for leave. The YWCA is also entitled to seek a second opinion and periodic re-certifications. The YWCA may also ask employees who take leave because of their own serious health condition to provide a fitness for duty report from their doctors before they return to work. Use of Accrued Paid Time The YWCA will substitute all of the employee's accrued paid vacation time for an equivalent amount of unpaid family and medical leave. The YWCA will also substitute all of an employee's accrued sick leave for an equivalent amount of unpaid family and medical leave when the leave is taken because of the employee's own serious health condition. The employee must notify the Executive Director of her/his desire to do so when requesting the leave. Family and medical leave runs concurrently with workers' compensation leave and with leave under a temporary or long-term disability benefit plan. Benefits While on Leave YWCA—Employee Handbook Page 28 Family and medical leave is not considered a break in service for purposes of longevity or accrued benefits; however, if the leave lasts more than 15 days, an employee will not be eligible for monthly vacation or sick leave accrual, holiday pay, or retirement fund contributions. An employee's medical and dental insurance coverage will continue for the first 12 weeks of an employee's family or medical leave, and/or pregnancy disability leave, on the same terms as if the employee had continued to work; the employee must pay the same portion for the premiums as the employee paid while working. If the leave extends beyond 12 weeks, the employee may continue medical and dental insurance by making arrangements to pay the full premiums. An employee may continue other benefits (e.g., life insurance) throughout the leave by paying the premiums for those benefits. If an employee chooses not to pay the premiums, health or other insurance may be cancelled. 11.05 Paid Family Leave All California workers who are covered by the State Disability Insurance (SDI) program will also be covered for PFL benefits for workers who take time off of work to care for a child, spouse, parent, or domestic partner who is seriously ill and unable to care for her/himself, or to bond with a new child. Individuals may file claims for PFL benefits commencing on and after July 1, 2004. 11.06 Pregnancy Disability Leave If you are disabled on account of pregnancy, childbirth, or related conditions, you may take a pregnancy related disability leave for the period of actual disability, up to four (4) months in combination with a family and medical leave, the total leave may be up to a maximum of seven (7) months. Pregnancy related disability leave may be taken intermittently, or on a reduced hours schedule, as needed, as long as you keep your supervisor informed of your availability. Any pregnant employee is entitled to transfer temporarily to a less strenuous or hazardous position, or to less strenuous or hazardous duties, if the transfer is medically necessary and the YWCA can reasonably accommodate the transfer. Transfer requests will be granted only when the request can be met without creating additional employment, discharging another employee, transferring another employee with more seniority or promoting or transferring an employee who is not qualified to perform the new job. The YWCA retains the right to deny a requested transfer if it requires transferring another employee. The medical certification requirements and reinstatement rights set out in the family and medical leave policy shall also apply to pregnancy disability leaves. An employee must use up any available paid sick leave during her pregnancy disability leave. The employee may then use accrued paid vacation time or other accrued paid time off as part of her pregnancy disability leave before taking the remainder of her leave as unpaid leave. Employee benefits may be continued as set forth in the YWCA's family and medical leave policy. 11.07 Occupational Disability Leave YWCA—Employee Handbook Page 29 If you are injured at work, you may be given a leave of absence until (1) a recognized medical professional certifies that you are allowed to resume all of the duties of your former position; (2) you are unable to come back to work in your position, that is, the condition is permanent and stationary; or (3) you resign, quit or otherwise indicate that you are not going to return to your job. While on medical leave for occupational disability, you will not earn or accrue pay or benefits, other than those available under Worker’s Compensation Insurance. The YWCA will treat all disability leaves under this section as unpaid. Employees simultaneously on family or medical leave and occupational disability leave will revert to occupational disability leave after the 12 week period for family and medical leave is exhausted. 11.08 Bereavement Leave A leave with pay not to exceed three (3) working days shall be granted to regular employees for bereavement due to death in the immediate family. Regular employees become eligible for bereavement leave after ninety (90) days of regular service. Immediate family shall include only the employee's mother, father, sister, brother, spouse, domestic partner, children, grandchildren, grandparents, mother-in-law or father-in-law. The YWCA will consider, on a case-by-case basis, requests for bereavement leave for the death of someone who does not qualify as an immediate family member under this policy. If such bereavement requires the employee to travel out of state, unpaid leave up to two (2) additional days may be granted. Unpaid leave of up to three (3) days shall be granted for bereavement due to death of a guardian. A guardian is defined as one who acted in place of a mother or father during the employee's youth. Employees shall notify the YWCA of the existence of a legitimate guardian before being eligible for this leave. The reason for the leave must be recorded and approved by the supervisor and Executive Director on a Request for Leave Form. The total amount of leave given will be discretionary, to be decided by the YWCA Executive Director on a case by case basis. 11.09 Military Leave The YWCA supports those who serve in the armed forces to protect our country. In keeping with this commitment, and in accordance with state and federal law, employees who must be absent from work for military service are entitled to take a military leave of absence. This leave will be unpaid. When an employee’s military leave ends, that employee will be reinstated to the position he or she formerly held, or to a comparable position, as long as the employee meets the requirements of federal and state law. Employees who are called to military service must tell their supervisors as soon as possible that they will need to take military leave. An employee whose military service has ended must return to work or inform the YWCA that he or she wants to be reinstated in accordance with these guidelines: For a leave of 30 or fewer days, the employee must report back to work on the first regularly scheduled workday after completing military service, allowing for travel time. For a leave of 31 to 180 days, the employee must request reinstatement within 14 days after military YWCA—Employee Handbook Page 30 service ends. For a leave of 181 days or more, the employee must request reinstatement within 90 days after military service ends. 11.10 Voting The YWCA encourages employees to exercise their right to vote. If your work schedule and the location of your polling place will make it difficult for you to get to the polls before they close, you are entitled to take up to 1 hour(s) off work, at the beginning or end of your shift, to cast your ballot. Employees who will need to take time off work to vote must inform their supervisors at least 3 days in advance. Employees are expected to work with their supervisors to ensure that their absence doesn’t negatively impact YWCA operations. Employees who take time off to vote may be requested to supply their supervisor with proof that they actually voted. Your supervisor can tell you what types of proof of voting are acceptable. 11.11 Jury Duty If you are called for jury duty and must appear you are entitled to take time off, as necessary, to fulfill your jury obligations. You will be paid up to 8 hours per day for the first 3 days. Beyond that point you will not be reimbursed from the YWCA. No employee will face discipline or retaliation for jury service. If chosen immediately inform your supervisor when you receive your jury duty summons. If you are chosen to sit on a jury, you must inform your supervisor how long the trial is expected to last. You must also check in with your supervisor periodically during your jury service, so the YWCA knows when to expect you back at work. 11.12 School Visits and Activities Employees who are the parents or guardians of children in school may take unpaid leave for up to eight hours per month for a total of 40 hours per calendar year to attend school activities. Please obtain a leave of absence from your supervisor before making your school visit and have the school write a note to verify your school visit. 11.13 Emergency Leave of Absence At its discretion, the YWCA may give leaves of absence for emergencies not listed above. An emergency leave of absence shall not exceed 30 days. An employee must notify his or her supervisor as soon as possible and provide documentation to establish the emergency. Failure to provide such documentation, failure to advise the office immediately on taking emergency leave, and failure to return on the specified date are all reasons for termination. 11.14 Other Legally Required Leaves of Absence Employees will be granted unpaid leaves of absence for other purposes as required by law (e.g. performance of emergency duty by a volunteer firefighter, leave related to domestic violence). Employees are required to provide reasonable advanced notice of any need for such YWCA—Employee Handbook Page 31 leave and are expected to return to work each day or portion of the day that they are required to be absent. 11.15 Effect of Leave on Benefits During any period of leave with pay, the employee continues to accrue all benefits and participates in the Retirement Fund. When an employee is on a leave without pay that qualifies under the federal or state family and medical leave laws, the YWCA will continue, for up to 12 weeks, to make the same contribution to the monthly premiums for the employee's medical/dental insurance that it was making prior to the commencement of the leave. The employee will not accrue any other benefits (e.g., sick leave, vacation pay or contributions by the YWCA to the Retirement Fund) while on a family or medical leave. (See also, section 11:4 above (Family and medical leave).) During any other leave without pay, the employee does not accrue any benefits. Employees may continue participation in the YWCA medical/dental plans at their own expense. Participation in the Retirement Fund is suspended until the employee returns to paid status, except as otherwise required for employees who serve in the military. YWCA employees and dependents who otherwise lose eligibility for health plan coverage may continue their protection through personal payment of 102% of premiums to the YWCA-provided health plan. Employees and dependents that lose eligibility for coverage due to termination of employment (except for cause through gross misconduct), or due to reduction in work hours, can continue their coverage for up to 18 months under COBRA. Dependents losing coverage due to death of an active employee can continue protection for up to 36 months under COBRA. Spouses and children losing coverage eligibility due to divorce, and children reaching the contract's maximum age for coverage, can also continue plan coverage for up to 36 months under COBRA. The coverage privilege, on a continued basis, will cease before the end of the 18 or 36 month period if the YWCA discontinues health coverage completely, or if you or your dependents (a) fail to pay your premium in a timely manner, (b) become covered as an employee under another group plan, (c) become entitled to Medicare, or (d) if the former spouse of a divorced employee or a deceased employee remarries and becomes covered under another group plan. Section 12. 12.01 Performance Your Job Performance Each and every employee at YWCA contributes to the success or failure of our YWCA. If one employee allows his or her performance to slip, then all of us suffer. We expect everyone to perform to the highest level possible. Poor job performance can lead to discipline, up to and including termination. YWCA—Employee Handbook Page 32 12.02 Performance Reviews Because our employees’ performance is vital to our success, we conduct periodic reviews of individual employee performance starting with a 90-day evaluation for new hires and employees in new positions. Each staff member will then participate in job performance evaluations at least annually on the employee's anniversary date or at another designated date with the Executive Director or her/his designee. The Executive Director shall be evaluated by the officers of the Board and a board member of the Executive Director’s choice. We hope that, through these reviews, our employees will learn what we expect of them and we will learn what they expect of us. The written performance review will include the employee’s accomplishments and areas needing improvement. The review will be prepared and shared with the employee, and will become a part of the employee’s personnel file. We require all employees to participate in the review process. Failure to participate could lead to discipline, up to and including termination. 12.03 Salary Review Salaries are reviewed once a year, usually around the time of the employee's anniversary date. Salary increases are not guaranteed and are subject to the performance of the organization, the availability of funds, and based on the employee's individual and group performance. Salary changes due to promotion or job reclassification shall be within the YWCA's salary range for the position, with final determination made by the Executive Director with approval of the Board. 12.04 Advancement and Promotions The YWCA encourages employees to seek internal promotional opportunities, but reserves the right to fill vacancies from the outside. Promotion, transfer and salary are based on individual performance, potential, efficiency and demonstrated ability. Length of service may be considered but is not the determining factor. Section 13. 13.01 Workplace Behavior Personal Conduct People who work together have an impact on each other’s performance, productivity and personal satisfaction in their jobs. In addition, how our employees act toward customers and vendors will influence whether those relationships are successful for the YWCA. Because your conduct affects many more people than just yourself, we expect you to act in a professional manner whenever you are on YWCA property, conducting YWCA business or representing the YWCA at business or social functions. Although it is impossible to give an exhaustive list of everything that professional conduct means, it does, at a minimum, include the following: YWCA—Employee Handbook Page 33 following all of the rules in this handbook that apply to you refraining from rude, offensive or outrageous behavior refraining from ridicule and hostile jokes treating coworkers, customers and vendors with patience, respect and consideration being courteous and helpful to others, and communicating openly with supervisors, managers and coworkers. Individuals who act unprofessionally will face discipline, up to and including termination. The success of the YWCA depends in great part on the loyalty and good will of our client community. As a result, we expect our employees to behave in the following manner when interacting with clients: 13.02 to treat all clients with courtesy and respect to always be helpful and cheerful toward clients Punctuality and Attendance You are important to the effective operation of this business. When you are not here at expected times or on expected days, someone else must do your job or delay doing his own job while she/he waits for you to arrive. If you work with clients or vendors, they may grow frustrated if they can’t reach you during your scheduled work times. As a result, we expect you to keep regular attendance and to be on time and ready to work at the beginning of each scheduled workday. Of course, things will sometimes happen that will prevent you from showing up to work on time. For example, you may be delayed by weather, a sick child or car trouble. If you are going to be more than 10 minutes late, please call your supervisor. If you cannot reach this person, please call the Executive Director or designee. Please give this notice as far in advance as possible. If you must miss a full day of work, you must notify your supervisor as far in advance as possible. If you cannot reach this person, please call your sub-supervisor If you are late for work or fail to appear without calling in as required by this policy or by other policies in this handbook, you will face disciplinary action, up to and including termination. 13.03 Employee Appearance and Dress We ask all employees to use common sense when they dress for work. Please dress appropriately for your position and job duties, and please make sure you are neat and clean at all times. YWCA—Employee Handbook Page 34 If you have any questions about our appearance and dress standards, please speak with your supervisor. 13.04 Pranks and Practical Jokes Although we want our employees to enjoy their jobs and have fun working together, we cannot allow employees to play practical jokes or pranks on each other. At best, these actions disrupt the workplace and dampen the morale of some; at worst, they lead to complaints of discrimination, harassment or assault. If you have any questions about this policy, contact your supervisor. Employees who play pranks or practical jokes will face disciplinary action, up to and including termination. 13.05 Threatening, Abusive or Vulgar Language We expect our employees to treat everyone they meet through their jobs with courtesy and respect. Threatening, abusive and vulgar language has no place in our workplace. It destroys morale and relationships, and it impedes the effective and efficient operation of our business. As a result, we will not tolerate threatening, abusive or vulgar language from employees while they are on the worksite, conducting YWCA business or attending YWCA-related business or social functions. If you have any questions about this policy, contact your supervisor. Employees who violate this policy will face disciplinary action, up to and including termination. 13.06 Acceptance of Gifts and Gratuities Prohibited Employees or officers of the YWCA, in the management, contracting and/or expenditure of grant funds shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or potential contractors. Any action, activity or interest of an employee which provides, or appears to provide personal gain or advantage, or allows for the improper gain or advantage by others outside of the YWCA and which may have an adverse effect on the YWCA's interests or operations may be considered a conflict of interest and may result in disciplinary action up to and including termination. 13.07 Horseplay Although we want our employees to have fun while they work, we don’t allow employees to engage in horseplay—which is fun that has gotten loud and boisterous and out of control. Horseplay disrupts the work environment and can get out of hand, leading to fighting, hurt feelings, safety hazards or worse. Employees who engage in horseplay will face disciplinary action, up to and including termination. YWCA—Employee Handbook Page 35 13.08 Fighting Verbal or physical fighting among employees is absolutely prohibited. Employees shall not engage in, provoke or encourage a fight. Those who violate this policy will be disciplined, up to and including termination. 13.09 Sleeping on the Job When our employees arrive at work, we expect them to be physically prepared to work through their day. Employees who sleep on the job dampen morale and productivity and deprive us of their work and companionship. As a result, we do not allow any employees to sleep while at work. Employees who feel sick or unable to finish the day because of weariness should talk to their supervisor about using sick leave to take the rest of the day off. 13.10 Insubordination Our workplace operates on a system of mutual respect between supervisors and employees. Supervisors must treat their employees with dignity and understanding, and employees must show due regard for their supervisors’ authority. Insubordination occurs when employees unreasonably refuse to obey the orders or follow the instructions of their supervisors. It also occurs when employees, through their actions or words, show disrespect toward their supervisors. Insubordinate employees will face discipline, up to and including termination. We understand, however, that there will be times when employees have valid reasons for refusing to do as their supervisor says. Perhaps the employee fears for his safety or the safety of others, believes that following instructions will violate the law or pose some other problem for the YWCA. Or maybe the employee thinks that there is a better way to accomplish a goal or perform a task. When these issues arise, we do not ask that employees blindly follow orders. Instead, we ask that employees explain the situation to their supervisor. If, after hearing the employee’s side, the supervisor continues to give the same order or rule, the employee must either obey or use the complaint procedures described in Section 13:12 of this Handbook. 13.11 Grievance and Complaint Procedure A grievance is a complaint concerning the application of policies and procedures governing personnel practices or working conditions. We encourage you to come forward with complaints immediately so that we can take whatever action is necessary to respond to the problem. If you have a grievance, the YWCA recommends that you first discuss it with your supervisor. It is helpful if you can provide a concise statement of facts, signed and dated, outlining the problem and including reference to the policies, procedures or practices which have allegedly been violated. If you are not satisfied with the response of your supervisor, you may bring the matter to the Executive Director (or to the Board President if the complaint involves the Executive Director). If you are not satisfied with the response of the Executive YWCA—Employee Handbook Page 36 Director, you may request a meeting with the Appeal Committee of the Board of Directors. The Appeals Committee will consist of the Board President and two other Board members, one selected by the staff member initiating the grievance and one chosen by the Board President. The Appeals Committee will meet to review all statements submitted and render a majority decision in writing. The decision of the Appeals Committee will be final. (See also, Section 3.2 of this handbook concerning harassment complaints.) Section 14. 14.01 Health and Safety Safety Policy The YWCA takes employee safety very seriously. In order to provide a safe workplace for everyone, every employee must follow our safety rules: 14.02 Horseplay, rough-housing and other physical acts that may endanger employees or cause accidents are prohibited. Employees must follow their supervisors’ safety instructions. Employees in certain positions may be required to wear protective equipment. Your supervisor will let you know if your position requires protective gear. All equipment and machinery must be used properly. This means all guards, restraints and other safety devices must be used at all times. Do not use equipment for other than its intended purpose. All employees must immediately report any workplace condition that they believe to be unsafe to their supervisor. The YWCA will look into the matter promptly. All employees must immediately report any workplace accident or injury to their supervisor. Workplace Security It is every employee’s responsibility to help keep our workplace secure from unauthorized intruders. Every employee must comply with these security precautions. When you leave work for the day, please follow the instruction of your supervisor. After-hours access to the workplace is limited to those employees who need to work late. Employees are allowed to have an occasional visitor in the workplace, but workplace visits should be the exception rather than the rule. If you are anticipating a visitor, please let your supervisor know. When your visitor arrives, you will be notified. Do not leave your visitor unattended in the workplace. If you have a visitor, you must accompany your visitor at all times. This includes escorting your visitor to and from the entrance YWCA—Employee Handbook Page 37 to the YWCA. For your own safety, children are not allowed to come with their parents to work, unless approved by a supervisor or the Executive Director. 14.03 What to Do in an Emergency In case of an emergency, such as a fire, earthquake or accident, your first priority should be your own safety. In the event of an emergency causing serious injury, IMMEDIATELY DIAL 9-1-1 to alert police and rescue workers of the situation. If you hear a fire alarm or in case of an emergency that requires evacuation, please proceed quickly and calmly to the fire exits. The YWCA will hold periodic fire drills to familiarize everyone with the routes they should take. Remember that every second may countdon’t return to the workplace to retrieve personal belongings or work-related items. Once you have exited the building, find your supervisor and follow their instructions. YWCA keeps emergency supplies on hand. First aid kits are located in the front office at the 271 Austin Street facility and in the front office, mechanical room, electrical room, boiler room and kitchen at the 940 Powell facility. Fire extinguishers can be found at various locations with posted notices. 14.04 No Smoking in YWCA Buildings For the health, comfort and safety of our employees, smoking is not allowed inside any building on YWCA property. 14.05 Smoking Allowed in Designated Areas Only To accommodate employees who smoke as well as those who do not, the YWCA asks that anyone smoking do so outside of YWCA buildings, not near any doors or windows. You may smoke during meal or rest breaks only. Employees may not take “smoking breaks” in addition to the rest and meal breaks provided to every employee under our policies. 14.06 Violence Is Prohibited We will not tolerate violence in the workplace. Violence includes physical altercations, coercion, pushing or shoving, horseplay, intimidation, stalking and threats of violence. Any comments about violence will be taken seriously—and may result in your termination. Please do not joke or make offhand remarks about violence. No Weapons No weapons are allowed in our workplace. Weapons include firearms, knives, brass knuckles, martial arts equipment, clubs or bats and explosives. If your work requires you to use an item that might qualify as a weapon, you must receive authorization from your supervisor to YWCA—Employee Handbook Page 38 bring that item to work or use it in the workplace. Any employee found with an unauthorized weapon in the workplace will be subject to discipline, up to and including termination. What to Do in Case of Violence If you observe an incident or threat of violence that is immediate and serious, IMMEDIATELY DIAL 9-1-1 and report it to the police. If the incident or threat does not appear to require immediate police intervention, please contact your supervisor or Executive Director and report it as soon as possible, using the YWCA’s complaint procedure. All complaints will be investigated and appropriate action will be taken. You will not face retaliation for making a complaint. Section 15. 15.01 Employee Privacy Search Policy Employees do not have a right to privacy in their workspaces or in any other property belonging to the YWCA. The YWCA reserves the right to search YWCA property at any time, without warning, to ensure compliance with our policies on employee safety, workplace violence, harassment, theft, drug and alcohol use and possession of prohibited items. YWCA property includes, but is not limited to, lockers, desks, file cabinets, storage areas and workspaces. If you use a lock on any item of YWCA property (a locker or file cabinet, for example), you must give a copy of the key or combination to your supervisor. 15.02 Telephone Monitoring The YWCA reserves the right to monitor calls made from or received on YWCA telephones. Therefore, no employee should expect that conversations made on YWCA telephones will be private. The YWCA's telephone call accounting system provides complete telephone detail for each extension. Therefore, at any time, the YWCA can access the number of calls made from or received by any extension for any given period of time, including the length of each call, date and time of each call, and the number and city dialed. From time to time the YWCA may access this information to monitor possible abuse of telephone privileges. The YWCA's telephone system in various locations permits the receiving, sending, saving and transferring of voicemail messages. Even though you use a password to restrict access to your voicemail messages, you should be aware that the YWCA may access voicemail messages at any time by changing individual passwords. Employees should not assume that any messages are confidential or that access will not occur. Employees may make personal calls during their breaks; if you must make a personal call during your work hours, you are expected to keep the conversation brief. Section 16. Computers, Email and the Internet YWCA—Employee Handbook Page 39 16.01 E-mail YWCA provides certain employees with computer equipment, including an Internet connection and access to an electronic communications system, to enable them to perform their jobs successfully. This policy governs your use of the YWCA’s email system. Use of the Email System The email system is intended for official YWCA business. Although you may use the email system for personal messages, you may do so during non-work hours only. If you send personal messages through the YWCA’s email system, you must exercise discretion as to the number and type of messages you send. Any employee who abuses this privilege may be subject to discipline. Email Is Not Private Email messages sent using YWCA communications equipment are the property of the YWCA. We reserve the right to access, monitor, read and/or copy email messages at any time, for any reason. You should not expect that any email message you send using YWCA equipmentincluding messages you consider to be, or label as, personalwill be private. Email Rules All of our policies and rules of conduct apply to employee use of the email system. This means, for example, that you may not use the email system to send harassing or discriminatory messages, including messages with explicit sexual content or pornographic images; to send threatening messages; or to solicit others to purchase items for non-YWCA purposes. We expect you to exercise discretion in using electronic communications equipment. When you send email using the YWCA’s communications equipment, you are representing the YWCA. Make sure that your messages are professional and appropriate, in tone and content. Remember, although email may seem like a private conversation, email can be printed, saved and forwarded to unintended recipients. You should not send any email that you wouldn’t want your boss, your mother or our YWCA’s competitors to read. Deleting Emails Because of the large volume of emails the YWCA sends and receives, we discourage employees from storing large numbers of email messages. Please make a regular practice of deleting emails once you have read and/or responded to them. If you need to save a particular email, you may print out a paper copy, archive the email or save it to your hard disk. The YWCA will purge email messages that have not been archived after 60 days. Passwords and Accessing the Computer Files or E-mail of Others Employees are prohibited from accessing, reading or printing other employees' computer files, including documents and e-mail messages, unless they have express authorization from the other employee or the YWCA. Employees are not to change their computer passwords or give their computer passwords to anyone else under any circumstances, except when required YWCA—Employee Handbook Page 40 by the E.D. or the System Administrator. When the regular user is absent and other staff members need access to the person's files, they must contact the System Administrator for access. Because others may need to use an employer's computer or access the same programs, employees may not alter the directory structure on any desktop computer or change the settings in programs they use. Violations Any employee who violates this policy can be subject to discipline, up to and including termination. 16.02 Internet Use We may provide you with computer equipment and capabilities, including Internet access, to help you perform your job. This policy governs your use of that equipment to access the Internet. Personal Use of the Internet Our network and Internet access are for official YWCA business only. Employees may access the Internet for personal use only outside of work hours and only in accordance with the other terms of this policy. An employee who engages in excessive Internet use, even during non-work hours, or who violates any other provision of this policy, may be subject to discipline. Prohibited Uses of the Internet Employees may not, at any time, access the Internet using YWCA equipment or links for any of the following purposes: To visit websites that feature pornography, gambling or violent images, or are otherwise inappropriate in the workplace. To operate an outside business, solicit money for personal purposes or to otherwise act for personal financial gainthis includes running online auctions. To download software, articles or other printed materials in violation of copyright laws. To download any software program without the express consent of Executive Director To read, open or download any file from the Internet without first screening that file for viruses using the YWCA’s virus detection software. Internet Use is Not Private We reserve the right to monitor employee use of the Internet at any time, to ensure compliance with this policy. You should not expect that your use of the Internetincluding but not limited to the sites you visit, the amount of time you spend online and the communications you havewill be private. YWCA—Employee Handbook Page 41 16.03 Software Use It is the YWCA’s policy to use licensed software only in accordance with the terms of its license agreement. Violating a license agreement is not only unethicalit is also illegal and can subject the YWCA to criminal prosecution and substantial monetary penalties. To help us adhere to this policy, employees may not do any of the following without permission from the Executive Director or Systems Administrator: Make a copy of any YWCA software program, for any reason. Install a YWCA software program on a home computer. Install a personal software program (that is, software owned by the employee) on any YWCA computer. Download any software program from the Internet to a YWCA computer. The YWCA may audit YWCA-owned computers at any time to ensure compliance with this policy. Section 17. 17.01 Employee Records Your Personnel File The YWCA maintains a personnel file on each employee. The purpose of this file is to allow us to make decisions and take actions that are personally important to you, including notifying your family in case of an emergency, calculating income tax deductions and withholdings and paying for appropriate insurance coverage. We do not keep medical records or work eligibility forms in your personnel file. Those are kept separately. Your personnel file is physically kept in the Executive Director’s office. If you have any questions about your personnel file, contact the Executive Director. 17.02 Confidentiality of Personnel Files Because the information in your personnel file is by its nature personal, we keep the file as confidential as possible. We allow access to your file only on a need-to-know basis. 17.03 Please Notify Us If Your Information Changes Because we use the information in your personnel file to take actions on your behalf, it is important that the information in that file be accurate. Please notify the Executive Director whenever any of the following changes: your name YWCA—Employee Handbook Page 42 17.04 your mailing address your phone number your dependents the number of dependents you are designating for income tax withholding your marital status the name and phone number of the individual whom we should notify in case of an emergency restrictions on your driver's license. Work Eligibility Records In compliance with federal law, all newly hired employees must present proof that they are legally eligible to work in the United States. We must keep records related to that proof, including a copy of the Form I-9 that each employee completes for us. Those forms are kept as confidential as possible. We do not keep them in your personnel file. If you would like more information about your I-9 form, see Section 5 of this handbook or contact the Executive Director. 17.05 Medical Records We understand the particularly sensitive nature of an employee’s medical records, so we do not place those records in the employee’s personnel file. We keep those records in a separate and secure place. If you have any questions about the storage of your medical records or about inspecting your medical records, if applicable, contact the Executive Director. 17.06 Outside Disclosure of Information about Employees The YWCA does not provide letters of recommendation for past or current employees, but does provide employment verification consisting of dates of employment, job title, employment status (full-time, part-time or temporary), and salary. All requests for information about current or former employees should be directed to the Executive Director. Section 18. 18.01 Drugs and Alcohol Policy Against Illegal Drug and Alcohol Use The YWCA is committed to providing a safe, comfortable and productive work environment for its employees. We recognize that employees who abuse drugs or alcohol at YWCA—Employee Handbook Page 43 work—or who appear at work under the influence of illegal drugs or alcohol—harm themselves, the health and safety of others and disrupt the work environment. As a result, we prohibit employees from doing the following: appearing at work under the influence of illegal drugs or alcohol conducting YWCA business while under the influence of illegal drugs or alcohol (whether or not the employee is actually on work premises at the time) using illegal drugs on the worksite using illegal drugs while conducting YWCA business (whether or not the employee is actually on work premises at the time) possessing, buying, selling or distributing illegal drugs on the worksite possessing, buying, selling or distributing illegal drugs while conducting YWCA business (whether or not the employee is actually on work premises at the time). Illegal drug use includes more than just outlawed drugs such as marijuana, cocaine or heroin. It also includes the misuse of otherwise legal prescription and over-the-counter drugs. This policy covers times when employees are on call but not working and times when employees are driving YWCA vehicles or using YWCA equipment. We do not prohibit employees from consuming alcohol at social or business functions that we sponsor where alcohol is served. Even at these functions, however, employees may not consume alcohol to the point of intoxication or to the point where they endanger their own safety or the safety of others. Employees who violate this policy may face disciplinary action, up to and including termination. 18.02 Inspections to Enforce Drug and Alcohol Policy The YWCA reserves the right to inspect employees, their possessions and their workspaces to enforce our policy against illegal drug and alcohol use, consistent with State law. 18.03 Drug Testing Reasonable Cause Testing. If the YWCA has reasonable cause to believe that an employee is under the influence of prohibited drugs or alcohol during work hours or on YWCA premises, that individual will be requested to submit to drug testing within eight (8) hours. Testing after an Accident. YWCA—Employee Handbook Page 44 An employee must immediately submit to post-accident testing after an accident while conducting YWCA business, which causes either property damage or personal injury, including injury to him or herself. Return to Duty Testing. If an employee returns to the YWCA after undergoing rehabilitation for alcoholism or drug abuse, that employee shall submit to alcohol or drug testing before being reinstated or rehired. 18.04 Leave to Participate in Rehabilitation Program We believe that employees who have a substance abuse problem can help themselves by enrolling in a rehabilitation program. Not only will overcoming their problem help these employees in their personal lives, it will help them to be more effective and productive workers. Although we cannot guarantee that we will grant this leave to all employees who request it, employees who would like to participate in a rehabilitation program, may, subject to the approval of the Executive Director, be able to use up to 12 weeks of unpaid leave from work to attend the program. At the end of rehabilitation leave (which is subject to the same rules as medical absences), we will require proof that the employee successfully completed the program and the employee will be subject to the return to duty testing described above. We will keep all conversations regarding employee substance abuse problems as confidential as possible. Please note that even as you might be seeking assistance for your substance abuse problem, we still expect you to meet the same standards of performance, productivity and conduct that we expect of all employees. We reserve the right to discipline you – up to and including termination – for failing to meet those standards. Section 19. 19.01 Trade Secrets and Conflicts of Interest Confidentiality and Trade Secrets Information is part of what makes the YWCA an important part of the community. During your employment here, you will periodically learn sensitive information, either because you help to develop that information or because you need that information to do your job. It is important for the health of this business—and for the well-being of employees who depend on this business for their livelihood—that you keep information you learn through your employment confidential. Employees who improperly disclose sensitive information, confidential information, proprietary information or trade secret information to anyone outside the YWCA will face disciplinary action, up to and including termination. Therefore, we encourage you to contact the Executive Director if you would like to learn more about this policy or if you have any questions. After you leave the YWCA, you are still legally prohibited from disclosing sensitive, proprietary, trade secret or confidential information. If you disclose such information, we will seek legal remedies. 19.02 Confidentiality Procedures YWCA—Employee Handbook Page 45 Because of the importance of keeping certain information confidential, the YWCA follows practices designed to alert employees to sensitive and confidential information, to limit access to that information and to inform employees about what disclosures are and are not acceptable. We expect employees to follow these procedures. Employees who fail to do so face discipline, up to and including termination. If you have any questions about these procedures, contact the Executive Director. 19.03 Conflicts of Interest The YWCA’s success depends on the hard work, dedication and integrity of everyone who works here. In turn, our employees’ livelihood depends on the success of the YWCA. Because we depend so much on our employees, and because they depend so much on us, we expect all employees to devote their energies and loyalties to the YWCA. We do not allow employees to engage in any activities or relationships that create either an actual conflict of interest or the potential for a conflict of interest. Although we cannot list every activity or relationship that would create either an actual or potential conflict of interest, examples of activities that violate this policy include the following: working for a competitor or client or vendor as a part-time employee, full-time employee, consultant, independent contractor or in any other capacity owning an interest in a competitor, client, vendor or anyone else who seeks to do business with this YWCA using the resources of the YWCA for personal gain using your position in the YWCA for personal gain. Employees who violate this policy face disciplinary action, up to and including termination. If you are unsure about whether an activity might violate this policy, or if you have any questions at all about this policy, please talk to the Executive Director. (See also Section 5.7 above.) Section 20. 20.01 Ending Employment Resignation Although employees have the right to resign at any time, it is requested that professional/exempt employees submit notice in writing to their immediate supervisor as far in advance as possible, preferably at least one month before the effective date of the resignation. Support/non-exempt employees are requested to give notice as far in advance as possible, preferably a minimum notice of two (2) weeks. 20.02 Final Paychecks YWCA—Employee Handbook Page 46 Employees who are terminated or laid off with no specific return date will receive their final paycheck immediately. Employees who quit without prior notice to the YWCA will be paid within 72 hours. Final paychecks will include all compensation earned but not paid through the date of termination and all unused vacation that the employee has earned as of the date of termination. 20.03 Exit Interviews We may hold an exit interview with every employee who leaves the YWCA, for any reason. During the interview, you will have the opportunity to tell us about your employment experience herewhat you liked, what you didn’t like and where you think we can improve. We value these comments. The exit interview also gives us a chance to handle some practical matters relating to the end of your employment. You will be expected to return all YWCA property at the interview. You will also have an opportunity to ask any questions you might have about insurance, benefits, final paychecks, references or any other matter relating to your employment. 20.04 References When we are contacted by prospective employers seeking information about former employees, we will release the following data only: the position(s) the employee held (job title), employment status (full-time, part-time or temporary), the dates the employee worked for the YWCA, and the employee’s salary or rate of pay. If you would like us to give a more detailed reference, you will have to provide us with a written releasea consent form giving us your permission to respond to a reference request. We will respond only to written reference requests, and we will respond only in writing. All requests for information about current or former employees, and/or reference requests, should be directed to the Executive Director. AMENDMENTS Changes to this Employee Handbook and Personnel Policies may be made only by the Board. Suggestions by staff or volunteers shall be directed to the Executive Director and considered by the Board. Changes are not effective until issued by the YWCA Board in writing. YWCA—Employee Handbook Page 47 YWCA OF SAN FRANCISCO & MARIN ACKNOWLEDGMENT OF RECEIPT AND REVIEW OF PERSONNEL POLICIES AND OF AT-WILL EMPLOYMENT I have received the YWCA Employee Handbook and Personnel Policies (dated 5/2004). I understand that these policies will replace and supersede all of the previous personnel policies issued by the YWCA. I understand that I am required to read and comply with the Personnel Policies, and that I should refer any questions to my supervisor or the Executive Director. I understand that the YWCA has placed in each location a Standard Operating Procedure Manual, and that I am required to review and become knowledgeable of its contents. I understand that the most current published version of the Personnel Policies will govern for all purposes, and the YWCA may add to, delete, or modify any provisions of the Personnel Policies at any time, except that any changes as to the "at-will" nature of the employment relationship can only be made as set forth in the following paragraph. I hereby acknowledge that my employment relationship with the YWCA is of an "at-will" nature. This means that I am free to end my employment with the YWCA at any time, with or without cause and with or without advance notice. It also means that the YWCA may terminate my employment at any time, with or without cause and with or without advance notice. The YWCA may modify any aspect, term or condition of my employment (e.g., job duties, title, compensation, hours, benefits, policies and practices) - except for the "at-will" nature of the employment relationship - at any time, with or without cause and with without advance notice. I understand that the "at-will" nature of the employment relationship with the YWCA cannot be modified except by written agreement signed by the Executive Director after approval by the Board. This form must be signed and dated and returned to your supervisor within five days for forwarding to the Executive Director Employee's name (print) Employee's signature Date policies received YWCA—Employee Handbook Page 48