Table of Contents
Organizational Information
About the Manual ………………………………………………………….
Mission Statement………………………………………………………….
Company History……………………………………………………………
Company Locations………………………………………………………..
Management Contacts…………………………………………………….
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3
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Hiring, Training & Evaluation
Employment Policies……………………………………………………….
Verification of Work Status…………………………………………………
Employment Status…………………………………………………………
Introductory Period……………………………………………………... …
Rehired Employees…………………………………………………………
Training…………………………………………………………………... …
Personnel Records…………………………………………………….……
Pay Day………………………………………………………………………
Performance & Review……………………………………………….……
Termination of Employment………………………………………….……
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Work Conditions & Hours
Store Hours of Operation……………………………………………….…
Meal Periods…………………………………………………..………….
Overtime……………………………………………………………….……
Emergency Closings………………………………………………….…...
Health & Safety………………………………………………………….…
Housekeeping………………………………………………………………
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Benefits
Holiday Schedule…………………………………………………………..
Simple IRA Retirement Plan………………………………………………
Group Life and Accidental Death and Dismemberment Insurance…..
Group Medical Insurance………………………………………………….
Dental Insurance……………………………………………………………
Sick Pay…………………………………………………………………. ..
Personal Pay……………………………………………………………….
Vacation Pay………………………………………………………………..
Funeral Leave………………………………………………………………
Jury/Witness Duty………………………………………………………….
Employee Use of Store Rental Equipment………………………………
Employee Purchase Discounts……………………………………………
Employee Point of Sale Transaction……………………………………..
Employee Store Account…………………………………………………..
Bonuses …………………………………………………………………….
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Regulations
Attendance & Punctuality………………………………………………….
Appearance & Dress……………………………………………………….
Gratuity Policy………………………………………………………………
Progressive Disciplinary Process ………………………………………..
Drug and Alcohol Use………………………………………………………
Bulletin Boards………………………………………………………………
Accident/Injury………………………………………………………………
Communication Policy……………………………………………………..
Notices to Employees………………………………………………………
Employment of Minors……………………………………………………..
Leave Policy…………………………………………………………………
Workers Compensation Insurance……………………………………….
Harassment…………………………………………………………………
Holdups……………………………………………………………………..
Burglary……………………………………………………………………..
Fire…………………………………………………………………………..
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1
Employee Manual
ORGANIZATIONAL INFORMATION
About The Manual
This manual is intended to provide employees with a general understanding of our personnel
policies. Employees are encouraged to familiarize themselves with the contents of this manual,
for it will answer many common questions concerning employment with the company.
However, this manual cannot anticipate every situation or answer every question about
employment. It is not an employment contract and is not intended to create contractual
obligations of any kind. Neither the employee nor the company is bound to continue the
employment relationship if either chooses, at its will, to end the relationship at any time.
In order to retain necessary flexibility in the administration of policies, programs and benefits,
Bibens Ace reserves the rights to change, revise, or eliminate any of the policies, programs
and/or benefits described in this handbook, except for its policy of employment at-will. The only
recognized deviations from the stated policies are those authorized and signed by the Owner of
the company.
Mission Statement
To provide our customers with world class customer service and added value to their shopping
experience. We promise our customer a team of professionals that are both knowledgeable and
friendly.
Bibens Ace thrives on maintaining exceptional customer service. To sustain this service,
employees at Bibens Ace agree to:





Greet all customers within one minute
Acknowledge the customer by making eye contact
Have a smile on your face when eye contact is made
Ask, “What can I help you find?”
Every employee needs to say Thank You to all customers
Company History
Bibens Home Center was developed in 1942 by my father, Eric, who was a builder of fine
homes up until 1972. At this time, he decided to expand the retail store to 6500 sq. ft. and close
the construction division. The store was under the Service Star Hardware co-op until 1982
when I purchased the business and converted to Ace Hardware who we are affiliated with today.
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In 1986 I sold the property and moved to our current location where we built a new 12,000 sq. ft.
store we currently operate and still reside.
In August of 2000 I purchased our second location, Bibens Lakeshore Hardware & Marine in
Colchester, Vermont. Lakeshore was a 10,000 sq. ft. True Value store we converted to the Ace
Hardware banner. We offer all nine departments of Ace Hardware as well offer a wide range of
hunting, fishing, and marine items complete with live bait as well as we provide fishing and
hunting licensees.
In August of 2002, we expanded again into an empty building and began to develop a new
14,000 sq. ft. Ace store in South Burlington, Vermont known as Bibens South Burlington Ace.
This store opened November 11th, 2002 and offers the full line of Ace Hardware products and
same convenience to the consumer as the other two stores. This store is located two miles
from Home Depot in Williston so we get a chance to experience the big box competition up
close.
In January 2006 Hills True Value Hardware was purchased. Hill’s is an 8900 sq. ft store we
converted to the Ace Hardware banner. The store offers all nine departments of Ace Hardware
as well an extensive line of lawn and garden products. Hill’s has been a staple in the Burlington
North End and that tradition is one that will be continued.
Bibens Ace Essex was built from the ground up and started operation in April 2008. The Essex
store is approx 10,000 sq. ft and is located within the outlet shopping center in Essex Center.
We continue to offer all standard Ace Hardware departments as well as the same convenience
and superior customer service of our four locations. Since we are larger than most
neighborhood hardware stores, we have a larger assortment in each department, including all
the latest products on the market.
Company Locations and Contact Information
Bibens Ace- Springfield
362 River Road
PO Box 381
N. Springfield, VT 05150
Phone: (802) 886-2288
Fax:
(802) 886-2280
Bibens Ace - Colchester
713 West Lakeshore Drive
Colchester, VT 05446
Phone: (802) 863-4910
Fax:
(802) 862-0133
Bibens Ace – S. Burlington
1961 Williston Road
S. Burlington, VT 05403
Phone: (802) 864-1847
Fax:
(802) 658-8085
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Bibens Ace – North Ave.
1127 North Avenue
Burlington, VT 05401
Phone: (802) 862-6068
Fax:
(802) 658-7459
Bibens Ace - Essex
15 Essex Way
Essex, VT 05452
Phone: (802)-879-0249
Fax:
(802)-878-0481
Management Team Contacts
Bibens General Manager: Peter Torney
Email: ptorney@bibens.com
Phone: 802-886-2288
Cell:
603-477-6685
Bibens Store Manager: Brian Carter
Email: bcarter@bibens.com
802-886-2288
Colchester, North Ave. & Essex General Manager: Brian Baird
Email: bbaird@bibens.com
Phone: 802-863-4910
Cell:
802-238-5570
Bibens Ace - South Burlington Store Manager: Roland Ostrout
Email: rlostrout@bibens.com
Phone: 802-864-1847
Cell:
802-578-2945
Bibens Ace – North Ave. Store Manager: Peter Cassleman
Email: peterc@bibens.com
Phone: 802-862-6068
Bibens Ace Essex Store Manager: James Deberville
Email: jdeberville@bibens.com
Phone: 802-879-0249
Cell: 802-522-5029
All store locations
Owner: Rick Bibens
Email: rbibens@bibens.com
Phone: 802-886-2288
Cell:
802-233-7728
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Manager Financial Services: Janet Colbert
Email: janetmct@bibens.com
Phone: 802-886-2288
Cell:
802-236-2273
Hiring, Training & Evaluation
Employment Policies
Bibens Ace is an “at will” employer. This means you or Bibens Ace may terminate your
employment at any time, with or without advance notice.
Bibens Ace provides equal employment and advancement opportunities to all employees and
applicants regardless of race, color, religion, gender, sexual orientation, national origin, age,
disability, military status, or status as a Vietnam-era or special disabled veteran in accordance
with applicable federal and state laws. In addition, the company complies with applicable state
and local laws governing nondiscrimination in employment in every location in which the
company has facilities. Bibens Ace will make reasonable accommodations for qualified
individuals with known disabilities unless doing so would result in an undue hardship. This
policy applies to all terms and conditions of employment, including, but not limited to, hiring,
placement, promotion, termination, transfer, leaves of absence, compensation and training. All
employment decisions will be made without unlawfully discriminating on any prohibited basis.
It is the policy of Bibens Ace to maintain a work environment free of unlawful discrimination for
all employees. Any employees with questions or concerns about any type of discrimination in
the workplace are urged to promptly report these issues to his/her supervisor or member of
management. Employees can raise concerns without fear of reprisal.
Anti-Harassment
Bibens Ace strives to maintain a work environment free from discrimination and harassment, a
place where employees treat one another with respect, dignity, and courtesy. Bibens Ace does
not tolerate harassment by another employee, supervisor, or any vendor or customer.
Harassment of third parties by our employees is also prohibited. Any form of harassment on the
basis of race, color, gender, religion, disability, marital status, sexual preference, medical
condition, or any category protected by Federal, State or local law is unlawful and a violation of
this policy will be treated as a disciplinary matter.
HARRASSMENT DEFINED
Harassment is unwelcome verbal, visual or physical conduct creating an intimidating, offensive, or hostile
work environment that interferes with work performance. Examples of the types of conduct which might
give rise to a harassment claim include verbal (including slurs, jokes, insults, epithets, gestures or
teasing), graphic (including offensive posters, symbols, cartoons, drawings, computer displays, or emails) or physical conduct (including physically threatening another, blocking someone's way, etc.) that
denigrates or shows hostility or aversion toward an individual because of any protected characteristic.
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Such conduct constitutes harassment when: (1) It has the purpose or effect of creating an intimidating,
hostile, or offensive working environment; or (2) It has the purpose or effect of unreasonably interfering
with an individual's work performance; or (3) It otherwise adversely affects an individual's employment
opportunities.
SEXUAL HARASSMENT DEFINED
Sexual harassment can include all of the above actions as well as other unwelcome conduct such as
unwelcome or unsolicited sexual advances, requests for sexual favors, conversations regarding sexual
activities and other verbal or physical conduct of a sexual nature when: (1) Submission to such conduct
is made, either explicitly or implicitly, a term or condition of an individual's employment; or (2) submission
to or rejection of such conduct by an individual is used as a basis for employment decisions affecting
such individual; and (3) such conduct has the purpose or effect of substantially or unreasonably
interfering with an individual's work performance or creating an intimidating, hostile or offensive
environment.
The following types of conduct might give rise to a claim of sexual harassment:

Unwelcome sexual advances, flirtations, advances, leering, whistling, touching,
pinching, assault, blocking normal movement

Requests for sexual favors or demands for sexual favors in exchange for favorable
treatment
 Obscene or vulgar gestures, posture or comments a Sexual jokes or comments about a person’s
body, sexual prowess or sexual deficiencies
 Proposition, suggestive or insulting comments of a sexual nature
 Visual harassment such as derogatory cartoons, posters and drawings
 Sexually explicit e-mail, or voice mail
 Uninvited touching of a sexual nature
 Unwelcome sexually related comments
 Conversation about one's own or someone else's sex life
 Conduct or comments consistently targeted at only one gender, even if the content is
not sexual
 Teasing or other conduct directed toward a person because of his or her gender
Harassing conduct is unacceptable in the workplace and any work-related settings such as
business trips and business related social functions. The harasser may be someone's supervisor,
co-worker, client, customer, vendor or other third party.
REPORTING
Employees should promptly report any incident of harassment, whether by an employee or a nonemployee to their department supervisor/manager or any other supervisor/ manager with whom the
employee feels comfortable. If an employee is unsure of with whom to raise an issue of harassment, or if
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an employee has not received a satisfactory response within five (5) business days after reporting any
incident, which the employee perceives to be harassment, immediately contact Janet Colbert at 802-8862288 or janetmct@bibens.com.
He or she will insure that an investigation is immediately conducted. Every report of perceived
harassment will be fully investigated and corrective action will be taken where appropriate.
INVESTIGATION
Every report of harassment will be investigated thoroughly and promptly. The Company will attempt to
keep the investigation confidential to the extent possible. During the investigation the Company will
generally:
- Interview the complainant and the alleged harasser
- Conduct further interviews as necessary
- Document the Company's findings regarding the complaint
- Document recommended follow-up actions and remedies, if warranted
- Inform the complainant of the Company's findings, and where appropriate, of the
remedial action that will be taken.
Every supervisor who learns of any employee's concern about sexual harassment, whether in a formal
complaint or informally must immediately report the issues raised to the General Manager or to the
Owner.
DISCIPLINE
If the Company determines that harassment occurred, the Company will impose discipline upon the
offender or offenders. The appropriate discipline may include written or oral warnings, probation,
suspension, reassignment, demotion, or termination. If the harassing conduct is the act of a nonemployee, the Company will attempt to ensure that such conduct is not repeated.
NO RETALIATION
It is unlawful and the Company prohibits any form of retaliation against individuals who report unwelcome
conduct or who cooperate in the investigation of such reports. In accordance with this policy, the
Company will take appropriate disciplinary action for any such retaliation, up to and including discharge.
RECEIPT OF ANTI-HARASSMENT POLICY
I acknowledge that I have received a copy of the Company’s Anti-Harassment Policy (the "Policy"). I
have read it, understand it, and agree to follow the Policy. I understand any employee who engages in
conduct prohibited by the Policy will be subject to disciplinary action, up to and including discharge.
I understand it is my obligation to refrain from engaging in conduct in violation of the Policy and also to
report conduct that I believe is harassing or discriminatory to enable the Company to take action as
appropriate.
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Verification of Work Status
We are required by the Federal Immigration and Naturalization Service to verify the identity and
legal right to work of all individuals.
Employment Status
A full time hourly employee regularly works 40 or more hours per week continuously throughout
the year, a part time employee works fewer then 40 hrs per week.
Your employment status is important in determining your eligibility for employee benefits.
Full-time: Employees work regularly scheduled full time hours continuously
throughout the year. Employees may participate in all benefit programs offered by
the company.
Part-time: Employees scheduled less than full time hours. These employees may
only participate in the company’s 401K plan subject to its requirements, and are
eligible for the employee store discount.
Temporary: Employees are hired to work either on a full-time or part-time basis,
for a definite specified period of time. Temporary employees do not qualify for
company-sponsored benefits.
Any change of status (full time to part or vice versa) will be effective the first of the month
following the change. (Example: a change taking place November 15th would be effective
December 1st.)
In addition to the above classifications, all employees are, as required by law, designated nonexempt or exempt. Job duties, responsibilities, salary, and provisions of the federal Wage and
Hour Law determine the designation. If you are a non-exempt employee, you must be paid
overtime.
Introductory Period
The first 60 days of your employment will be an introductory period of employment. The
introductory period is intended to give new employees the opportunity to demonstrate their
ability to achieve a satisfactory level of performance and to determine whether the new position
meets both the employee and the company’s expectations. The company uses this period to
evaluate employee capabilities, work habits, and overall performance. Either the employee or
the company may end the employment relationship at will at any time during or after the
orientation period, with or without cause or advance notice.
Employees who are promoted or transferred within the company must complete a secondary
introductory period of the same length with each reassignment to a new position. This new
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introductory period will be for training only; all existing benefits will stay in effect during the
introductory period.
If the company determines that the designated introductory period does not allow sufficient time
to thoroughly evaluate the employee’s performance, the introductory period may be extended
for a specified period.
During the introductory period, new employees are eligible for the employee discount. After
obtaining regular employment classification, employees may also be eligible for other company
provided benefits, subject to the terms and conditions of each benefits program.
Rehired Employees
Persons who are re-hired following a break in service will serve a new 60-day introductory
period whether or not such an introductory period was previously completed. Such employees
are considered new employees from the effective date of re-employment for all purposes.
Training
Upon joining the company, you will be acquainted with the general policies, procedures, and
operations of the company. During your introductory period you will be set up on a training
program to help you learn what you need to know to perform your job properly. Please ask
questions if you are unsure how to perform any part of your job. There are many things to learn
in a new job and we do not expect you to know them all immediately. It is both our jobs to
accomplish training and we understand the value of training is for the high quality of service to
our customer.
All new employees will be assigned individualized training programs depending on the nature of
their job. Satisfactory completion of these requirements is a condition of your continued
employment with the company. New employees will be assessed at the end of the 60-day
introductory period to track the status of their defined training.
Personnel Records
It is imperative that your personnel records are accurate and up to date. Please notify Human
Resources of any change of address, telephone number, marital status, name, emergency
contact information, medical insurance status, tax exemptions, beneficiary changes, driving
record change-CDL, or military draft status.
Payday
All employees are paid on a biweekly frequency. Payday is Wednesday for the two-week pay
period, which ended on the Sunday prior to payday. If a company or federal observed holiday
falls on any payday, paychecks will be distributed on the first workday following the observed
holiday. If an employee loses their check and requests a new one a $25.00 fee will be charged.
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This amount is to cover the amount charged by the payroll company for stopped payment on a
check.
You are urged to take advantage of the convenience of directly depositing your net pay into a
bank of your choice. Each payday you will receive a deposit stub which explains in detail your
earnings, deductions, and deposit distribution.
Performance and Review
Your job performance is reviewed annually with your immediate manager. Performance
evaluations are conducted to provide both managers and employees the opportunity to discuss
job tasks, identify and correct weaknesses, encourage and recognize strengths, and discuss
positive, purposeful approaches for meeting goals. The performance review also provides for
special performance compensation if recommended by your manager. Your compensation
adjustments are based upon your job performance. To facilitate discussions on your
performance, the company uses a review form, which provides benchmarks for evaluating the
quality and quantity of your work, your job and other job-related performance factors. You and
your manager should use this form to discuss your performance, to review you’re past
accomplishments and to establish new performance goals. Managers and employees are
strongly encouraged to discuss job performance and goals on an informal, day-to-day basis.
The performance and review of all employees are evaluated according to an annual cycle.
Formal performance evaluations are conducted at the end of an employee’s introductory period
in any new position. This period, known as the introductory period allows the manager and
employee to discuss job responsibilities, standards, and performance requirements for the new
position. New hires will be appraised after the completion of their introductory period, then after
appraisals will be done annually.
Termination of Employment
All company employees have the right to terminate employment with the company at any time.
Similarly, the company has the right to terminate any employee at any time, for any reason.
While it is hoped that your association with the company will be a long and successful one, you
should be aware of the following if your employment ends voluntarily or involuntarily.
The termination of employment of any employee is considered a confidential matter, and will be
discussed at the discretion of management.
RESIGNATION is voluntary employment termination initiated by an employee. In order to
maintain a consistent level of service to our customers we would ask that you give a two-week
written notice to your manager if you leave your job voluntarily so an orderly transition of your
responsibilities can be arranged. Your written notice should indicate your reason for leaving and
your last day to work. An exit interview will be scheduled on the last day of employment. All
company property in your possession is to be returned on the last day of employment.
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DISCHARGE is involuntary employment termination, initiated by the company.
Upon
termination an exit interview is normally scheduled on your last day of work. You must return all
company property in your possession on the last day of employment.
Employee benefits will be affected by employment termination in the following manner. All
accrued benefits that are due and payable at termination will be paid in the employee’s last
paycheck following termination. All vacation time that has been taken but not accrued will be
owed back to the company and will be deducted in your last paycheck. Health benefits may be
continued at the employee’s expense if the employee so chooses. The employee will be
notified of any benefits that may be continued and of the terms, conditions, and limitations of
such continuance. Questions should be directed to Human Resources.
WORK CONDITIONS & HOURS
Store Hours of Operation
Monday – Friday
Saturday
Sunday
Bibens Ace
7am to 5:30pm
7am to 4pm
9am to 1pm
Lakeshore
7am to 7pm
7am to 6pm
7am to 4pm
S., Burlington
7am to 7pm
8am to 6pm
8am to 5pm
North Ave.
7am to 7pm
7am to 6pm
8am to 4pm
Essex
8am to 7pm
8am to 6pm
8am to 6pm
Meal Periods
All employees working at least eight hours in one day are entitled to take a 30-minute lunch.
Lunch may be taken either on or off the premises. You are required to clock in and out for your
lunch break. Your manager is responsible for scheduling your meal breaks.
Smoking is only permitted in designated smoking areas and is not permitted inside any building.
Smoking may only take place during your lunch time.
Overtime
When operating requirements or other needs cannot be met during regular working hours,
employees may be scheduled to work overtime hours. When possible, advance notification of
these mandatory assignments will be provided. All overtime hours must receive manager prior
authorization, non-authorized overtime due to clocking out late may result in non-payment of
overtime.
Overtime is paid to non-exempt employees in accordance with federal and state regulations.
Overtime pay is based on actual hours worked. Time off for vacation, sick, holiday pay, or any
other leave of absence will not be considered hours worked for purposes of performing overtime
calculations. All federal holidays will be paid at straight time rate of pay. Exempt employees are
not required to be paid overtime.
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Emergency Closings
At times, emergencies such as severe weather, fires or power failures, can disrupt company
objectives. In extreme cases, these circumstances may require the closing of the store.
When conditions are officially closed due to emergency conditions, the time off from scheduled
work will be unpaid. However, with manager approval, employees may use available unused
vacation time.
Health & Safety
To assist in providing a safe and healthful work environment for employees, customers and
visitors, the company has established a workplace safety program. This program is a top
priority for the company. Its success depends on the alertness and personal commitment of all
employees.
The company provides information to employees about workplace safety and health issues
through the established Safety and Health Policy as well as regular internal communication
channels such as manager employee meetings, bulletin board postings, memos, or other written
communications.
Some of the best safety improvement ideas come from employees. Those with ideas, concerns,
or suggestions for improved safety in the workplace are encouraged to raise them with their
manager or with any other manager. Reports and concerns about workplace safety issues may
be made without fear of reprisal.
Each employee is expected to obey safety rules and to exercise caution in all work activities.
Employees must immediately report any unsafe condition to the manager. Employees, who
violate safety standards, cause hazardous situations or who fail to report where appropriate to
remedy such situations, may be subject to disciplinary action, up to and including termination of
employment.
In the case of accidents that result in injury, regardless of how insignificant the injury may
appear, employees should immediately notify the appropriate manager.
All company employees are advised to be safety conscious at all times and to be constantly
alert to conditions that might lead to personal injury.
Health and Safety Policy – Appendix 1.
Housekeeping
The company is proud of its stores. It will remain attractive if each of us is conscientious and
constantly aware of the importance of good housekeeping.
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BENEFITS
Bibens Ace provides eligible employees a wide range of benefits. A number of the programs,
(such as Social Security, Worker’ compensation, and unemployment insurance) cover all
employees as prescribed by law.
Eligibility of benefits is dependent upon multiple factors, including employee classification. Your
supervisor can identify the programs for which you are eligible.
Holiday Schedule
The following holidays are observed as non-working paid holidays. Any full time employee (avg
40+ hrs/week) who has satisfied a service period requirement of 60 days from date of hire will
be paid 8 hours for each of the below listed holidays:
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New Year’s Day
Easter
Thanksgiving Day
Christmas Day
If a recognized holiday falls during an eligible employee’s paid absence (such as vacation or
sick leave), holiday pay will be provided instead of the paid time off benefit that would otherwise
have applied.
Paid time off for holidays will not be counted as hours worked for the purpose of determining
overtime.
401K Plan
Bibens Ace offers employees a 401K plan; a plan that enables an individual to accumulate
financial resources for retirement. To be eligible to join the 401 K plan, the employee must be 21
years of age, complete one year of service and credited with 1000 hours of service in a plan
year. Any full time or part time employee who has completed 6 months of service and is 21
years of age is eligible to participate. Employees may join the plan the first of the calendar year
quarter following their first year of service – January 1, April 1, July 1, or October 1. Eligible
employees who choose to participate may make salary reduction elections annually.
Currently the company will match up to 4% of participating employees’ gross wages. This
matching contribution will be made directly into the employees’ designated investment
account(s).
Group Life and Accidental Death and Dismemberment Insurance
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A full time employee who has satisfied a service period requirement of 60 days from date of hire
is covered by the company’s group life and accidental death and dismemberment insurance
plan. The company pays 100% of the employee’s premium. The face value of the policy is
$25,000 and it insures the employee only. The employee’s spouse and dependent(s) are not
eligible for coverage.
Group Medical Insurance
Single, Two Person and Family HMO & HSA plans are available to full time employees who
have satisfied an introductory period requirement of 60 days from date of hire. Eligibility will
begin the first of the month following the 60-day introductory period. The eligible employee will
be required to contribute a percentage of his/her monthly insurance premiums via biweekly
payroll deductions. In connection with the Company’s Section 125 Plan, the employee may opt
to make his/her premium contribution on a pretax or after tax basis.
Dental Insurance
Single, Two Person and Family Plans are available to full time employees who have satisfied an
introductory period requirement of 60 days from date of hire. Eligibility will begin the first of the
month following the 60-day introductory period. The eligible employee will be required to pay
his/her total monthly insurance premiums via biweekly payroll deductions. In connection with
the Company’s Section 125 Plan, the employee may opt to make his/her premium contribution
on a pretax or after tax basis.
Paid Sick Time
The following is a detailed description of our sick policy which is practiced uniformly in all stores.
All full time employees who have completed their introductory period are eligible. The
introductory period begins on the first day of work and ends sixty calendar days from the day
started. Benefits come effective on the first calendar day of the month following the end of the
introductory period. This is known as the “eligibility date”. For example, an employee whose
first day of work is May 12th would complete their introductory period on July 10th. Their
eligibility date, when benefits begin to accrue, would be August 1.
Paid Sick Time Defined
Sick hours not taken during the year are not paid out at the end of year, not carried over into the
next year and not paid out at the time of termination.
During the first year of employment, paid sick hours are awarded to an employee as
shown below. For example, if an employee’s eligibility date is May 1, they may use up to 22hrs
of paid sick time off anytime between May 1 and December 31st.
Eligibility Date
Jan 1
Feb 1
Annual Hours
32.00
29.50
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Mar 1
Apr 1
May 1
Jun 1
Jul 1
Aug 1
Sep 1
Oct 1
Nov 1
Dec 1
27.00
24.50
22.00
19.50
17.00
14.50
12.00
9.50
7.00
4.50
On January 1st of the second and all subsequent years of employment, the employee is
awarded 32 hours of paid sick time which may be used anytime between January 1 and
December 31.
If an employee is out for more than five consecutive days a doctor’s note needs to be provided.
Personal Time Pay
All full time employees are eligible for 8 hours of personal time after 6 months from date of hire.
Personal time must be scheduled with at least 30 days notice. Personal time is for such things
as personal, medical, and family issues.
Personal time hours not taken during the year are not paid out at the end of year, not carried
over into the next year and not paid out at the time of termination.
On January 1st of the second and all subsequent years of employment, the employee is
awarded 8 hours of personal time which may be used anytime between January 1 and
December 31.
Vacation Pay
Paid Vacation Time Defined
Vacations:
Full-Time staff is awarded paid vacation each calendar year based on length of service.
Vacation days need to be scheduled and pre-approved by your manager so that staffing needs
of the company can be taken into consideration. Requests must be completed on the supplied
vacation request form with a minimum of one-month notice.
Vacation hours are accrued (earned) on a calendar year basis. Earned vacation hours not
taken by Dec 31st are not paid out in cash, and not carried over into the next year. The section
below explains how vacation hours are earned. An employee may take annual vacation hours
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before the hours have been actually “earned”. This occurrence will create a “negative” accrual
which must be repaid by the employee to the Company if employment terminates for any
reason. This repayment, which will be reviewed with the employee during the exit interview, will
be deducted from the final paycheck.
During the first year of service, vacation hours are earned at the rate of 6.67 hours per month:
Upon completion of each month of service after the 60 day probationary period, vacation is
earned as follows.
From
To
Jan 1
Feb 1
Mar 1
Apr 1
May 1
Jun 1
Jul 1
Aug 1
Sep 1
Oct 1
Nov 1
Dec 1
Jan 31
Feb 28
Mar 31
Apr 30
May 31
Jun 30
Jul 31
Aug 31
Sep 30
Oct 31
Nov 30
Dec 31
Vacation Hrs Earned
YTD
6.67
13.33
20.00
26.67
33.34
40.00
46.67
53.34
60.00
66.67
73.34
80.00
For example, if the eligibility date is April 1 after completion of the 60 day probationary period,
then the maximum vacation hours for the first calendar year is 60.00 hours.
This vacation schedule is followed for calendar years 2, 3, 4 and 5.
In calendar year 6, the employee is eligible for 120 hours vacation (accrued at 10 hours per
month) beginning on the employee’s anniversary month (in this example) April 1.
Scheduling Vacations:
It is not unusual that many people request the same day(s) off for vacation. This is particularly
true around holidays and during the summer. Whenever possible based on the staffing and
business needs of the store, we will try to honor your request. There may be times when we
cannot, in which case you will need to arrange an alternative time. We will use business needs,
staffing requirements, length of service, general fairness, and first choice history as criteria in
scheduling and approving vacation requests.
Because the company’s busy season usually falls between the months of May thru October,
employees may take only ½ of their vacation during these months. Vacations cannot be
accumulated and must be taken prior to year-end or vacation will be forfeited. Vacation will be
based on the employee’s standard workweek as established by the employees’ manager, not to
exceed 40 hours. Pay in lieu of days off is not allowed.
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Funeral Leave
For all full time employees, we offer two days of paid funeral leave for the purpose of attending
the funeral of an immediate family member, subject to the manager’s approval. If the death
does not involve an immediate family member, one day without pay may be taken subject to
approval.
Eligibility begins on the first of the month following 60 days of employment. Family member is
defined, for the purpose of this policy, as a Parent, Spouse, Sibling, Child, Grandparent or
Grandchild.
If extended time off is needed, the employee should speak with their manager.
Jury/Witness Duty
Employees called to Jury/Witness duty will be given time off to serve.
The company will provide protection against loss of income for a full time employee’s absence
from work due to court ordered jury duty. Proof of court subpoena and/or court compensation
paperwork must be submitted in order to be compensated during absence from work. Jury or
Witness Duty pay to full time employees beginning the first of the month following 60 days of
employment.
The company will pay up to 5 days of time served for the purpose of serving on a jury or serving
as a witness. The company will pay the difference between the employee’s regular rate of pay
and the amount of pay issued by the court.
In order to receive this pay the employee’s manager must mark the employee’s time card
indicating time missed for Jury/Witness Duty. Upon payment by the court the employee must
present the court check to the Payroll Department endorsed payable to the company. Upon
receipt of the check, the Payroll Department will pay the regular rate of pay to the employee in
the regular paycheck that covers the period, which the jury duty occurred.
Employee Use of Store Rental Equipment
All employees are welcome to borrow rental equipment free of charge for up to two consecutive
days for their own personal use. If the rental item is kept out of the store for more than two
days, the employee will be charged at one-half the posted rate for each day until the rental item
is returned to the store. Rental forms must be completed for any equipment borrowed by
employees.
Employee Purchase Discounts
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The company offers all employees a generous discount on store purchases. The purchase
discount, which is calculated at 10% over cost, is for the employee’s own personal use. If the
purchase if for your business use it will be at the contractor discount price. Merchandise may be
purchased as gifts, but may not be resold to anyone or purchased for family member (brother,
sister, parent, children, friend or any other relative). The only exception is to husband and wives.
Employee Point – Of - Sale Transactions
Employees purchasing or returning products for themselves or family members may not ring out
those personal transactions at the point of sale. Another employee not associated with the
transaction must perform this function.
Employee Store Account
Cash Account
Each employee is required to open a store cash account through which all personal transactions
will be rung. This procedure will provide an audit trail through the company’s sales journals by
identifying the name of the person who purchases store merchandise with an employee
discount. Purchases may be made by cash, check or credit card.
The store owner, at their sole discretion, may grant store account credit privileges to an
employee.
Charge Account
At the time of this publication, certain employees have credit privileges with their store account.
These employees will continue to have credit privileges as long as their accounts remain in
good credit standing. Monthly statements must be paid in full before the next statement is
published.
If an employee’s account becomes delinquent, the employee could permanently lose credit
privileges. Delinquent accounts are defined as those accounts that have a past due balance for
two consecutive months, i.e. 60 days.
Amounts owed to the store by an employee upon termination, will be deducted from that
employee’s final paycheck.
Bonuses
The owner reserves the right, in their sole discretion, to determine whether and to whom
employee bonuses will be issued. Once a bonus has been offered, there is no promise that it
will be offered again in the future. A bonus is just that a “bonus” and not to be interpreted as or
part of regular pay. If an employee terminates employment no part of any bonus will be paid
out, for the previous quarter or upcoming quarter.
Regulations
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Attendance & Punctuality
All employees earning an hourly wage at the company are required to use the time clock. This
includes lunch breaks if the employee is leaving the grounds. You may only clock in or out for
yourself, it is not allowed to clock for another employee. If this takes place, disciplinary action
will be taken. The company considers employee punctuality to be an essential element in
providing excellent customer service.
Tardiness is a very serious issue; we feel very strongly that a prerequisite for a successful
career is the ability to get to work on time. We recognize that on occasion something will come
up that will cause you to be late to work. We do expect you, however, to have the courtesy to
notify us in advance when you will be late. Chronic tardiness or careless disregard for the
starting times in your schedule will not be tolerated. Any time beyond your scheduled work time
is considered late.
The company expects all employees to report to work on the days that they are scheduled to be
at their workstation ready to work on time. If you cannot make it to work, you are to call in and
speak with your manager or manager in charge if the manager is not there. You must call in
with enough advanced warning so they have time to arrange for someone to take your place.
Remember on time attendance can affect our mission of excellent customer service.
Appearance & Dress
The company expects all employees to present a clean, safe and professional hardware retail
store image along with being Ace identified. We want to dress in a way that inspires our
customers to have confidence in us.
All new sales associates and cashiers will be provided with Ace identified shirts, and yard
personnel will be provided Ace identified t-shirts. Everyone is required to wear these during
business hours. New fulltime employees will be provided with 6 Ace shirts, new part-time
employees will be provided with 3 Ace shirts. Additional shirts may be purchased at Ace’s net
cost; please see your manager to order additional shirts.
With the Ace supplied shirts; your choice of pants, shorts or skirts in good condition without
holes or tears are acceptable. All clothing needs be clean and unwrinkled for a neat
appearance. Cleaning and maintenance of uniforms, supplied by the company, are the
responsibility of each employee. All sales associates and cashiers will be issued and required
to wear a radio and earpiece while on duty
Besides ear piercing, no exhibit of body piercing is acceptable. Hats are not to be worn by
employees on the sales floor and personal cell phones are not to be used while on duty.
Gratuity Policy
The acceptance of tips, by any employee, from a customer is strictly forbidden.
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Progressive Disciplinary Process
The purpose of progressive discipline is to ensure fair treatment of all employees and in making
certain that disciplinary actions are prompt, uniform and impartial. The main purpose of any
disciplinary action is to correct the problem, prevent recurrence, and to prepare the employee
for satisfactory service in the future.
It is important that all employees perform to the best of their abilities at all times. There may be
occasions, however, where employees perform at an unsatisfactory level, violate a policy, or
commit an act that is inappropriate. Disciplinary actions may call for any of four steps – verbal
warning, written warning, suspension without pay, or termination of employment – depending on
the severity of the problem and the number of occurrences. There may be circumstances when
one or more steps are bypassed. The company may use progressive discipline at its discretion.
It is the policy of the company to issue verbal warnings for misconduct or procedural violations
occurring for the first time in an employee’s history with us. These warnings are documented
and are retained in the employee’s file. They are intended to point out areas needing immediate
improvement and to ensure an employee understands the procedures in the area of concern.
For recurrences of violations for which an employee has been verbally warned, formal written
warnings will be documented. Normally, two written warnings will precede a discharge for
recurring violations. However, some violations are of such a serious nature so as to call for
possible immediate discharge, suspension or first and final written warning.
By using progressive discipline, we hope that most employee problems can be corrected at an
early stage, benefiting both the employee and the company.
Drug and Alcohol Use
It is our desire at the company to provide a drug-free, healthy and safe workplace. To promote
this goal, employees’ are required to report to work in appropriate mental and physical condition
to perform their jobs in a satisfactory manner.
While on the company premises and while conducting business-related activities of the
company, no employee may use, possess, distribute, sell or be under the influence of alcohol or
illegal drugs. The use of prescribed drugs is permitted on the job only if it does not impair an
employee’s ability to perform the essential functions of the job effectively and in a safe manner
that does not endanger other individuals in the workplace, and is prescribed by your physician.
Violations of this policy may lead to disciplinary action, up to and including immediate
termination of employment, and/or required participation in a substance abuse rehabilitation or
treatment program.
Bulletin Boards
Bulletins board areas are maintained at the company to keep you informed of current policy and
procedures, legal items of general interest and other items affecting you or your job. Be sure to
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check the bulletin boards regularly. Bulletin boards are only for business communications. You
must obtain your manager's approval before posting a communication on a company bulletin
board.
Accident/Injury
IF AN INCIDENT OCCURS TO AN EMPLOYEE
The injured employee should be sent or taken to the nearest the company approved emergency
center by a manager or designee. The first aid kit is kept in the lunchroom and is to be used
only for minor injuries. The injured party may use the material in the first aid kit, but he/she must
apply medications themselves. After the injury is taken care of, the manager on duty and Human
Resources must be notified.
The manager in charge at the time of the incident must immediately have the employee fill out
the company Report of Injury Form as thoroughly as possible, if the employee is unable to
complete the form at time of injury the manager can assist or the form can be completed once
the employee has gotten medical assistance. Include all pertinent information that is possible;
include any material evidence available, photographs, etc. This report must be copied with one
copy being sent to the Corporate Office and one to Human Resources.
IF THE INCIDENT OCCURS TO A NON-EMPLOYEE
Determine if an ambulance is necessary or if he/she wishes to go to his own doctor. Even if
he/she claims to be all right, obtain the name, address, telephone number of the injured party,
and the names, addresses and phone numbers of any witnesses who are not employees.
Fill out the company Report of Injury form as thoroughly as possible. If necessary attach any
information that the victim may give, (i.e.) a written account, etc. Make sure that the report is
very concise and thorough including an explanation of what really happened: Was it a real
incident or was it staged? What part of the person's body was hurt? How badly?
Gather as much information as possible from all witnesses and any employee that was an
eyewitness. Due to insurance and our liability, we must be sure to obtain all the facts to avoid
exposing ourselves to any unnecessary liability.
Forward all information immediately to the corporate office, and maintain copies for your store
file.
Communication Policy
Telephone Policy
Use of Company Cell Phones While Driving:
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This policy applies to: (1) the operation of company-provided vehicles at any time; and (2) the operation
of private vehicles while an employee is on work time or conducting business for the company.
The use of a cell phone while driving may present a hazard to the driver, other employees, and the
general public. Employees must adhere to all federal, state, or local rules and regulations regarding the
use of cell phones while driving. Accordingly, employees must not use cell phones while driving if law,
regulation, or other ordinance prohibits such conduct. If you are not sure whether the use of a cell phone
while driving is prohibited in a particular area, please check with the human resources department.
Employees should not use hand held cell phones for business purposes while driving. Should an
employee need to make a business call while driving, he/she should locate a lawfully designated area to
park and make the call. Employees may use hands-free cell phones only in emergency situations. Such
calls should be kept short; and should the circumstances warrant (e.g., heavy traffic, bad weather); the
employee should locate a lawfully designated area to park to continue the call.
Violation of this policy may subject an employee to disciplinary action up to and including immediate
termination.
PROHIBITED USE OF PERSONAL COMMUNICATION DEVICES
The use of personal communication devices shall be limited in the workplace to alleviate distractions and
the disruption of regular work routines. Personal communication devices are defined as, but not limited
to, cellular or two-way phones, audible pagers, and portable audio/video players. Any employee carrying
a non-company issued cell phone or pager with an audible alarm or ring must ensure the sound is turned
off during work hours and in work areas. Limited and temporary exceptions to this policy permitting the
use of personally-owned communications devices for ongoing personal emergency situations (such as
the imminent birth of a child) can be made only with the prior and continued approval of the employee's
supervisor. In the case of an accident involving a family member or other urgent personal emergency
where the employee's supervisor cannot be immediately contacted for permission, reasonable and
appropriate use of a personal communication device is permitted.
Violation(s) of this policy may be grounds for discipline up to and including termination.
COMPUTER INTERNET AND E-MAIL USAGE
The uses of the company’s information systems are subject to company policies applicable to traditional
forms of communication. These include, but are not limited to, policies prohibiting discrimination, sexual
harassment, solicitation, and use of company property and resources, disclosure of confidential
information, misconduct, and profanity. All information systems are the property of Bibens Ace and are
intended primarily for company business purposes.
The electronic mail (e-mail) system is provided by the company to facilitate business activities within the
organization. All messages written, sent, or received on the company’s computer or hardware remain
company property and are not considered to be private property of any employee. All hardware and
software related to information systems can and will be monitored for appropriate work related usage.
The information systems should not be used to upload (send) or download (receive) any software of any
kind or attachments without prior permission due to the possibility of virus, trade secrets, proprietary
information, copyrighted information, or any similar materials without prior authorization of company
officials.
The company's internet/intranet and e-mail systems must not be used to create disruptive or offensive
messages. These may include, but are not limited to, racial slurs, sexually implicative messages, or
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offensive comments about someone's age, disability, national origin, political or religious belief, sexual
orientation, or national origin.
Accessing files, utilizing codes or retrieving stored information is prohibited unless an employee has
received prior authorization from management to conduct any such activity.
Notices to Employees
Changes in the company policies affecting personnel, as well as meeting notices will be posted
on the employee bulletin board. It is the employee’s responsibility to review any posted
changes and notices. Attendance at meetings is mandatory, and the associate’s manager must
authorize any absence. Failure to obtain such authorization will result in disciplinary action. Non
exempt employees will be compensated for their time at employee meetings.
Employment of Minors
Federal and state child labor laws prohibit minors from working excessive hours, operating
unsafe machinery and working in dangerous occupations. It is the policy of the company to
abide by these laws.
Leave Policy
We realize there may be times when it is necessary for you to take longer amounts of time off
for either the birth or adoption of a child, or when you or a family member has a serious medical
condition. The company complies with both the Federal Family Medical Leave law, and the
Vermont Parental and Family Leave law to provide necessary support during these times.
Please see the FMLA Policy for more detailed information. If you have questions please contact
Human Resources.
Family and Medical Leave Policy – Appendix 2
Workers Compensation Insurance
The company provides a comprehensive worker’s compensation insurance program at no cost
to employees. This program covers any injury or illness sustained in the course of employment
that requires medical, surgical, or hospital treatment. Subject to legal requirements, workers’
compensation insurance provides benefits after a short waiting period or, if the employee is
hospitalized, immediately.
Employees who sustain work-related injuries or illnesses must inform their manager, or the
manager on duty, immediately. This will enable an eligible employee to qualify for coverage as
quickly as possible.
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Neither the company nor the insurance carrier will be liable for the payment of workers’
compensation benefits for injuries that occur during an employee’s voluntary participation in any
off-duty recreational, social, nor athletic activity sponsored by the company.
Harassment
The company believes that you should be afforded the opportunity to work in an environment
free from all forms of discrimination and conduct that can be considered harassing, coercive or
disruptive, including sexual harassment. Actions, words, jokes or comments based on an
individual’s gender, race, color, national origin, age, religion, sexual orientation or disability will
not be tolerated.
The company has an established harassment policy it is imperative that every employee
understand the policy as it is stated.
Harassment Policy - Appendix 3
Holdups
In the unlikely event that a holdup occurs, you are to obey all orders given by the holdup
person(s). You are to do without argument or hesitation and without doing anything to alarm,
excite, or anger the holdup person(s). Make no sudden movements. Do not raise your voice.
Keep your hands visible at all times.
Under no circumstances should you endanger your life, or the lives of your fellow employees or
customers by attempting to apprehend the holdup person(s) yourself, or by refusing to
cooperate with their orders. Money can be replaced; human lives cannot.
Burglary
In the unlikely event that a burglary has occurred without the alarm alerting management and
police, please follow these steps:
1. Do not touch or disturb anything.
2. Do not allow any other employees or customers into the building until you receive
management approval to do so.
3. Immediately notify management for instructions on how to proceed.
4. Call the police immediately.
5. Let employees and customers enter the building only after receiving permission to do so.
6. If necessary, rope off the damaged areas until the police has thoroughly inspected it.
Fire
If fire should occur, please do not panic. Immediately notify the manager, and assist him or her
in informing other employees and customers. Help everyone evacuate the building in a calm,
orderly fashion. Immediately call the fire department via 911.
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Loss Prevention/Security
Shoplifting is theft of merchandise by people not employed by the company. If you suspect or
see someone shoplift, try to keep them in sight and notify a manager via your two-way radio, by
using code “99”. Apprehension of shoplifters is the decision and responsibility of the manager in
charge. The policy of the company is to prosecute anyone caught shoplifting. One of the best
deterrents to shoplifting is acknowledging every customer and providing exceptional customer
service.
If an employee or someone else assisted by an employee steals money or merchandise, it is
internal theft. Whenever you suspect a fellow employee of stealing, notify the store manager or
owner. Your identity will be kept confidential. Any employee found stealing will be terminated
and will be prosecuted to the fullest extent of the law.
The company currently participates in the Ace Reward Hotline. This program is an outlet to
report information to your owner or manager directly, or report it anonymously if you prefer. The
information can be reported to loss prevention professionals with a reward paid to you if
evidence of inappropriate activities is than verified. Payment can be made by loss prevention
services without even knowing your name. The confidential phone number is 1-800-888-8862
Management has the right to inspect employee lockers.
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APPENDIX
FAMILY AND MEDICAL LEAVE POLICY
Bibens Ace will comply with the federal Family and Medical Leave Act (“FMLA”) and Vermont’s
Parental and Family Leave law (“VPFL”).
PROVISIONS
A.
Long-Term Leave
A "long-term" family or medical leave of absence is defined as an unpaid leave of absence of up
to 12 weeks during the rolling 12-month period measured backward from the date the employee's leave
begins. Subject to the definitions and requirements provided in the FMLA and the VPFL, eligible
employees may request and may take up to twelve (12) weeks of unpaid time off for the following
reasons:




For the birth and subsequent care of a newborn child;
For placement of a child for adoption or foster care;
To care for a spouse, child, parent or parent-in-law ("immediate family") with a serious health
condition; or
For a serious health condition rendering the employee unable to perform the functions of the
employee’s job.
Under certain circumstances, the employee may take FMLA leave in 12 consecutive weeks, may
use the leave intermittently by taking leave in separate blocks of time or by reducing the usual number of
work hours per work week or workday. In all cases, the leave may not exceed a total of 12 workweeks.
Each time an employee takes leave, the company will compute the amount of leave the employee has
taken under this policy in the last 12 months and subtract it from the 12 weeks of available leave. The
balance remaining is the amount the employee is entitled to take at that time. The employee requesting
intermittent leave may be transferred temporarily to an alternative job that better accommodates
recurring periods of leave.
For the birth, adoption, or foster care of a child, the company and the employee must mutually
agree tot eh schedule before the employee may take the leave intermittently or work a reduced hour
schedule. Leave for birth, adoption, or foster care of a child must be taken within one year of birth or
placement of the child. If the employee is taking leave for a serious health condition or because of the
serious health condition of a family member, the employee should try to reach an agreement with the
company before taking intermittent leave or working a reduced hour schedule. If this is not possible, the
employee must prove that the use of the leave is medically necessary.
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B.
Short-Term Leave
"Short-term" family leave is defined as unpaid leave not to exceed four hours in any 30-day
period and not to exceed 24 hours during the 12-month period measured forward from the date the leave
begins. Subject to the definitions and requirements provided in the VPFL, eligible employees may
request and may take up to twenty-four (24) hours of unpaid time off each year for the following reasons:




To participate in preschool or school activities directly related to the academic educational
advancement of the employee's child, such as a parent-teacher conference;
To attend or accompany the employee's immediate family to routine medical or dental
appointments;
To accompany the employee's parent, spouse or parent-in-law to other appointments for
professional services related to their care and well-being;
To respond to a medical emergency involving the employee's immediate family.
The company requires employees to take short-term leave in a minimum of two-hour segments.
ELIGIBILITY
To qualify to take family or medical leave under this policy, the employee must meet all of the
following conditions:
1. The employee must have worked
To be eligible for these benefits, an employee must

have worked for the company for at least 12 months; and

for long-term leave, have worked at least 1,250 hours during the 12-month period immediately
preceding the beginning of the leave.

for short-term leave, have worked an average of at least 30 hours per week during the 12month period immediately preceding the beginning of the leave.
Employee Status and Benefits During Leave
While an employee is on leave, the company will continue the employee’s health benefits during
the leave period under the same conditions as if the employee had continued to work. If the employee
chooses not to return to work other than for a continued serious health condition of the employee or
employee’s immediate family member or circumstances beyond the employers control, the company will
require the employee to reimburse the company the amount it paid for the employee’s health insurance
premium during the leave period.

Under current company policy, the employee pays a portion of the health care premium. While
employee is on paid leave, the company will continue to make payroll deductions to collect the
employee’s share of the premium. While on unpaid leave, the employee must continue to make this
payment, either in person or by mail. The payment must be received by the first day of each month. A
payment that is more than 30 days late can result in the employee’s health care coverage to be dropped
for the duration of the leave. The employee will be provided with 15 days’ notification prior to the loss of
coverage.

If the employee participates in a life insurance or disability plan, the company will continue
making payroll deductions while the employee is on paid leave. While the employee is on unpaid leave,
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the employee may request continuation of such benefits and pay his or her portion of the premiums, or
the company may elect to maintain such benefits during the leave and pay the employee’s share of the
premium payments. If the employee does not continue these payments, the company may discontinue
coverage during leave. If the employer maintains coverage, the company may recover the costs incurred
for paying the employee’s share of any premiums, whether or not the employee returns to work.
Employee Status After Leave
An employer who takes leave under this policy may be provided a fitness for duty (FFD)
clearance from the health care provider. This requirement will be included in the employer’s response to
the FMLA request. Generally, an employee who takes FMLA leave will be able to return to the same
position or a position with equivalent status, pay, benefits and other employment terms. The position will
be the same or one, which is virtually identical in terms of pay, benefits and working conditions. The
company may choose to exempt certain key employees from this requirement and not return them to the
same or similar position.
PAID LEAVE
Employees may choose to receive leave with pay by utilizing accrued paid leave, such as
vacation hours, according to company policy during any long- or short-term leave.
(Do you have option or do you have to use all vacation time, personal, sick prior to unpaid leave if taking
leave due to serious health condition of self or family member?
WORK-RELATED INJURIES
Time off for work-related injuries that meet the criteria for a serious health condition will be
charged to time off allowed under this policy guideline.
NOTICE
A.
Long-Term Leave
Employees will give reasonable notice of their intent to take leave to their manager. The
company requests that notice be given in writing when practicable.
If leave is foreseeable, employees should provide 30 days' notice before the leave is to begin.
Employees are expected to consult with their manager and make reasonable efforts to schedule
foreseeable leave so as not to unduly disrupt the company operations. If employees do not give the
desired 30 days' notice for foreseeable leave with no reasonable excuse, the company may delay the
taking of the leave.
Notice must be given as soon as practicable when leave is not foreseeable.
B.
Short-Term Leave
Employees shall make a reasonable attempt to schedule appointments, for which short-term
leave is available, outside of regular work hours. In order to take short-term leave, employees shall
provide the company with the earliest possible notice, but in no case later than seven days before leave
is to be taken, except in the case of an emergency. "Emergency" means circumstances where the
required seven-day notice could have a significant adverse impact on the family member of the
employee.
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MEDICAL CERTIFICATION
Employees must provide medical certification to support a leave request based on a serious
health condition. Failure to provide certification may result in denial of the request for leave.
Medical certification forms may be obtained from Darcy Baird. Medical certification information
should be returned to Darcy Baird.
Periodic reports of the employee's status may be required during the leave period.
BENEFITS COVERAGE DURING LEAVE (LONG-TERM)
During family or medical leave, benefits such as health and supplemental insurance will be
continued at the level and under the same conditions (including employee contributions, if applicable) as
if the employee were still at work. Employees must make arrangements to pay their share of the
premiums while on leave.
In the event an employee elects not to return to work upon completion of a family or medical
leave, the company may recover from the employee the cost of any payments made to maintain the
employee's coverage, except where the employee does not return because of the continuance,
recurrence or onset of a serious health condition or other circumstances beyond the employee's control.
JOB RESTORATION (LONG-TERM)
With some exceptions, employees will return to their original job, or to an equivalent position,
upon completion of the leave with equivalent pay, benefits and other terms and conditions of employment
existing on the day leave begins as long as such benefits are still provided by the company. Restoration
may be delayed to an employee who fails to provide any required return to work information from their
health care provider.
ANTI-HARASSMENT POLICY
The Company does not tolerate harassment of our job applicants or employees by another employee,
supervisor, or any vendor or customer. Harassment of third parties by our employees is also prohibited.
Any form of harassment on the basis of race, color, sex, religion, disability, marital status, sexual
preference, medical condition, or any category protected by Federal, State or local law is unlawful and a
violation of this policy and will be treated as a disciplinary matter. While it is not easy to define precisely
what harassment is, it includes slurs, jokes, teasing and other uninvited verbal, graphic or physical
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conduct by one individual toward another. The Company has a zero tolerance for harassment and is
committed to a workplace free of any harassment.
HARRASSMENT DEFINED
Harassment is unwelcome verbal, visual or physical conduct creating an intimidating, offensive, or hostile
work environment that interferes with work performance. Examples of the types of conduct which might
give rise to a harassment claim include verbal (including slurs, jokes, insults, epithets, gestures or
teasing), graphic (including offensive posters, symbols, cartoons, drawings, computer displays, or emails) or physical conduct (including physically threatening another, blocking someone's way, etc.) that
denigrates or shows hostility or aversion toward an individual because of any protected characteristic.
Such conduct constitutes harassment when: (1) It has the purpose or effect of creating an intimidating,
hostile, or offensive working environment; or (2) It has the purpose or effect of unreasonably interfering
with an individual's work performance; or (3) It otherwise adversely affects an individual's employment
opportunities.
SEXUAL HARASSMENT DEFINED
Sexual harassment can include all of the above actions as well as other unwelcome conduct such as
unwelcome or unsolicited sexual advances, requests for sexual favors, conversations regarding sexual
activities and other verbal or physical conduct of a sexual nature when: (1) Submission to such conduct
is made, either explicitly or implicitly, a term or condition of an individual's employment; or (2) submission
to or rejection of such conduct by an individual is used as a basis for employment decisions affecting
such individual; and (3) such conduct has the purpose or effect of substantially or unreasonably
interfering with an individual's work performance or creating an intimidating, hostile or offensive
environment.
The following types of conduct might give rise to a claim of sexual harassment:

Unwelcome sexual advances, flirtations, advances, leering, whistling, touching,
pinching, assault, blocking normal movement

Requests for sexual favors or demands for sexual favors in exchange for favorable
treatment
 Obscene or vulgar gestures, posture or comments a Sexual jokes or comments about a person’s
body, sexual prowess or sexual deficiencies
 Proposition, suggestive or insulting comments of a sexual nature
 Visual harassment such as derogatory cartoons, posters and drawings
 Sexually explicit e-mail, or voice mail
 Uninvited touching of a sexual nature
 Unwelcome sexually related comments
 Conversation about one's own or someone else's sex life
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 Conduct or comments consistently targeted at only one gender, even if the content is
not sexual
 Teasing or other conduct directed toward a person because of his or her gender
Harassing conduct is unacceptable in the workplace and any work-related settings such as
business trips and business related social functions. The harasser may be someone's supervisor,
co-worker, client, customer, vendor or other third party.
REPORTING
Employees should promptly report any incident of harassment, whether by an employee or a nonemployee to their department supervisor/manager or any other supervisor/ manager with whom the
employee feels comfortable. If an employee is unsure of with whom to raise an issue of harassment, or if
an employee has not received a satisfactory response within five (5) business days after reporting any
incident, which the employee perceives to be harassment, immediately contact Janet Colbert at 802-8862288 or janetmct@bibens.com.
He or she will insure that an investigation is immediately conducted. Every report of perceived
harassment will be fully investigated and corrective action will be taken where appropriate.
INVESTIGATION
Every report of harassment will be investigated thoroughly and promptly. The Company will attempt to
keep the investigation confidential to the extent possible. During the investigation the Company will
generally:
- Interview the complainant and the alleged harasser
- Conduct further interviews as necessary
- Document the Company's findings regarding the complaint
- Document recommended follow-up actions and remedies, if warranted
- Inform the complainant of the Company's findings, and where appropriate, of the
remedial action that will be taken.
Every supervisor who learns of any employee's concern about sexual harassment, whether in a formal
complaint or informally must immediately report the issues raised to the General Manager or to the
Owner.
DISCIPLINE
If the Company determines that harassment occurred, the Company will impose discipline upon the
offender or offenders. The appropriate discipline may include written or oral warnings, probation,
suspension, reassignment, demotion, or termination. If the harassing conduct is the act of a nonemployee, the Company will attempt to ensure that such conduct is not repeated.
NO RETALIATION
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It is unlawful and the Company prohibits any form of retaliation against individuals who report unwelcome
conduct or who cooperate in the investigation of such reports. In accordance with this policy, the
Company will take appropriate disciplinary action for any such retaliation, up to and including discharge.
RECEIPT OF ANTI-HARASSMENT POLICY
I acknowledge that I have received a copy of the Company’s Anti-Harassment Policy (the "Policy"). I
have read it, understand it, and agree to follow the Policy. I understand any employee who engages in
conduct prohibited by the Policy will be subject to disciplinary action, up to and including discharge.
I understand it is my obligation to refrain from engaging in conduct in violation of the Policy and also to
report conduct that I believe is harassing or discriminatory to enable the Company to take action as
appropriate.
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Employee Acknowledgement of Receipt
I hereby acknowledge that I have received a copy of the company’s Employee Manual. I
understand that it is my responsibility to read this manual and question my manager or any
member of management regarding any aspect of this manual I do not understand. I further
understand that compliance with the requirements of this manual is a condition of employment
with the company.
___________________________________
Employee Printed Name
_______________________________________
Employee Signature
__________________________
Date
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