The Children’s Law Center New York
Employee Handbook
2012
The Children’s Law Center New York – 2012 Employee Handbook
TABLE OF CONTENTS
Welcome and Handbook Introduction
Our Mission
Our Values
What We Do
Our Client Values
Our Expectations
Our Team
Initial Employment Period
Client Confidentiality
Conflict of Interest
Equal Employment Policies
Equal Employment Opportunity Statement
Diversity Policy
Non Discrimination and Anti-Harassment
Definitions of Harassment
Disability Accommodation Policy
Internal Complaint Procedures
Drug and Alcohol Abuse
No Smoking
Personal Appearance and Dress Code
Office Security
Security
Personal Calls, Visits and Affairs
Employee ID
Solicitations, Distributions and Use of
Bulletin
Boards
CLCNY Resources
Accidents and Emergencies
Emergency Office Closing
Gifts
Political and Charitable Contributions and
Activities
Public Statements of CLCNY or Statements
to The Media on Behalf of CLCNY on
Legislation and Other Issues
Inquiries Concerning Reappointment
of Judges
Internet Communications Policies
Electronic Communications Policy
Internet Use Policy
Blogging and Other Public Internet
Communications
Use of Laptops, iPod Touch and Other
Mobile Devices
Email Signature Standards
Attendance and Reimbursement of
Conference Fees
Reimbursable Expenses
Employee Categories
Employee Classifications
Hours, Work Week and Overtime
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Pay Practices
Employment Application
Employment Practices
Hiring of Relatives and Members of the Same
Household
New Employee Orientation (NEO)
Telecommuting
Employment Terminations
Post Resignation/Termination Procedures
Reference Inquiries
Re-Hired Employees
Paid Time Off Benefits
Holidays and Floating Holidays
Vacation
Personal Days
Appreciation Day
BAR Days Program
Other Absences
Jury Duty
Bereavement Leave
Absence Due to Illness
Family and Medical Leave Act Leave of
Absence (FMLA)
Leave of Absence Without Pay
Pregnancy Disability Leave
Childcare Leave: Primary and Non-Primary
Caregiver
Military Leave of Absence
Health Insurance, Dental Insurance and Other
Employee Benefits
Medical Plans
Dental and Vision Plan
Dependent Coverage
Flexible Spending Accounts
Health Savings Accounts
401 (k) Plan
403 (b) Plan
Life, Accidental Death and Dismemberment
and Short and Long-Term Disability Plans
Short Term Disability
Long Term Disability
Worker’s Compensation
Pretax Commuter Benefit - TransitChek
Handbook Topics Alphabetically
Handbook Acknowledgement and Receipt
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The Children’s Law Center New York – 2012 Employee Handbook
WELCOME AND INTRODUCTION
Dear Colleague:
The leadership team and Board of Directors of The Children’s Law Center New York (“CLCNY”) value
the many talents and abilities of the staff at CLCNY. We seek to foster a dynamic and rewarding
place in which to work and develop professionally. If you would like further information or have
questions about any of the policies and procedures outlined in this handbook, please feel free to
bring them to the attention of the Human Resources Manager.
This handbook has been written to serve as the guide for the employer/employee relationship and
there are several things that are important to keep in mind about this handbook.
First, it contains only general information and guidelines that apply to all employees of CLCNY. It is
not intended to be comprehensive or to address all the possible applications of, or exceptions to, the
general policies, rules or procedures described herein. For that reason, if you have any questions
concerning eligibility for a particular benefit, or the applicability of a policy or practice to you, you
should address your specific questions to your supervisor or the Human Resources Department.
Second, neither this handbook nor any other CLCNY document confers any contractual right, either
expressed or implied, to remain in CLCNY's employ. Nor does it guarantee any fixed terms and
conditions of your employment. Your employment is not for any specific time and may be terminated
at will, with or without cause and without prior notice, by CLCNY or you may resign for any reason at
any time. No supervisor or other representative of CLCNY (except the Executive Director) has the
authority to enter into any agreement for employment for any specified period of time, or to make
any agreement contrary to the above.
Third, the procedures, practices, policies and benefits described here may be modified or
discontinued from time to time. We will try to inform you of any changes as they occur.
Finally, some of the subjects described here are covered in detail in official plan documents. You
should refer to these documents for specific information, since this handbook only briefly
summarizes those benefits. Please note that the terms of the written insurance policies are
controlling.
We are delighted you are a member of CLCNY and we wish you much success in your career with us.
Best regards,
Karen Simmons, Esq.
Executive Director
The Children’s Law Center New York
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The Children’s Law Center New York – 2012 Employee Handbook
OUR MISSION
The mission of The Children’s Law Center New York (CLCNY) is to give a child a strong and effective
voice in a legal proceeding that has a critical impact on his or her life.
CLC CORE VALUES
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To provide high quality representation.
To provide children with supportive, informed, and passionate advocates who give
voice to their unique needs.
WHAT WE DO
Founded in 1997 as a not-for-profit legal services firm, CLCNY provides excellent, comprehensive
and inter-disciplinary representation to children who are the subjects of custody/visitation, family
offense, paternity and related proceedings.
CLCNY provides well-trained, supervised and enhanced representation to ensure that the child's
voice is heard and that their interests are placed before the court.
CLCNY represents children in the Family Courts in Brooklyn, Bronx and Staten Island; and the
Integrated Domestic Violence Part in Brooklyn, Bronx, Queens and Staten Island.
OUR CLIENT VALUES
Communicate our client’s voice
High quality representation
Integrate legal representation with social work
Listen to our clients
Develop the client’s sense of participation
OUR EXPECTATIONS
The effectiveness and conduct of each individual is vital to the overall success of CLCNY. The
following behavior is expected of all CLCNY employees:
1)
The provision of the highest quality representation to children by all lawyers and social
workers.
2)
The accurate completion of all assignments, on a timely basis and in a satisfactory
manner.
3)
Acceptance of occasional assignments not associated with regular duties; working
occasional overtime; assisting others when work is completed or when there is an
overload in another area.
4)
Contacting the Executive Director, Directors, Director of Social Work, Administrative
Manager or Office Managers as soon as possible each day that illness prevents reporting
to work.
5)
Maintenance of the work place, files and records in a neat and orderly fashion so that
information can be retrieved promptly.
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Certain conduct is viewed as disruptive. Breach of conduct in areas such as the following, which are
illustrative only, may lead to disciplinary action, including discharge:
1) To the extent permitted by law, excessive, unexplained or unexcused absenteeism or
lateness.
2) Discourtesy toward clients, parties, judges, court personnel, or other employees.
3) Posting or emailing unauthorized material within CLCNY offices.
4) Deliberate errors or careless actions.
5) Leaving the work site, office and/or courthouse without authorization.
6) Excessive personal use of the telephone, fax, copy machine, or other CLCNY property.
7) Release of confidential information to unauthorized personnel or outside individuals, or
removal of records without approval.
8) Damage to CLCNY property or property of others.
9) Willful disobedience of supervisory instructions.
10) Theft, dishonesty, or falsification of any CLCNY records, or false or libelous statements
involving CLCNY or its employees.
11) Abusive or threatening language or disorderly conduct.
12) Physical violence or vandalism.
13) The possession of firearms or weapons.
14) Discriminatory actions or words against groups or individuals because of age, race, color,
creed, religion, national origin, gender, alien or citizen status, sexual orientation, disability or
marital status.
OUR TEAM
CLCNY employees encompass a range of professions including:
Executive Team: Executive Director, Deputy Director-Appeals, Deputy Director-Operations and
Training, Director of Social Work, Director of Paralegal and Volunteer Services, Administrative
Manager and the Human Resources Manager.
Management Team: Legal Managers/Supervisor, Social Work Supervisors and Office Managers.
Professional Staff: Attorneys, Social Workers and Administrative Support Staff throughout our
organization.
INITIAL EMPLOYMENT PERIOD
Every new employee goes through an initial period of adjustment in order to learn about CLCNY and
about their job. During this time the employee will have an opportunity to find out if (s)he is suited
to, and likes, their new position.
Additionally, the initial employment period gives the employee’s supervisor a reasonable period of
time to evaluate their performance. The initial employment period is six months.
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During this time, the new employee will be provided with training and guidance from their Supervisor.
(s)he may be discharged at any time during this period if their Supervisor concludes that their
progress and performance does not warrant the continued employment for any reason. Under
appropriate circumstances, the initial employment period may be extended. Additionally, as is true
at all times during an employee’s employment with CLCNY, employment is not for any specific time
and may be terminated at-will, with or without cause and without prior notice.
At the end of the initial employment period, the employee and their supervisor may discuss their
performance. Provided their job performance “Meets Expectations” at the end of the initial
employment period, (s)he will continue in our employment as an at-will employee.
CLIENT CONFIDENTIALITY
The New York State Code of Professional Responsibility applies to all lawyers and non-lawyers at
CLCNY, including the rules governing confidentiality and the preservation of client secrets and
confidences. These rules impose supervisory obligations on lawyers with respect to non-lawyer
employees and interns, including all paralegals, social workers, student interns, support staff and
volunteers. These include the obligation to make reasonable efforts to ensure that a non-lawyer’s
conduct is compatible with the professional obligations of the lawyer.
All lawyer and non-lawyer employees are required to respect the importance of confidentiality and
the preservation of client secrets and confidences, and the need to maintain the confidentiality of
any client information on which they work or of which they become aware. There should be no
discussion of specific clients/cases in public areas such as elevators, hallways and the waiting room.
When documents are discarded, all confidential documents and any documents containing client
identifying information that have not already been filed in court must be shredded.
All employees who formerly worked for other lawyers must be alert to all legal matters, including
lawsuits, in which any client of the former employer has an interest. Lawyers and non-lawyers should
not disclose any information relating to the representation of a client of the former employer and
should not work on any matter on which the employee worked for the prior employer or respecting
which the employee has information relating to the representation of the client of the former
employer. If such a conflict is presented, the employee should immediately notify his or her
supervisor that he or she cannot work on that matter, and CLCNY will take reasonable steps to
ensure that the employee, in fact, takes no action and does no work in relation to the matter on
which the employee worked in the prior employment, absent client consent.
These rules apply equally to temporary support staff who, upon their arrival in our offices, will be so
instructed by a manager that all matters upon which they work in our office are to be treated as
confidential, and client secrets and confidences must be maintained. In addition, all volunteers must
sign a Confidentiality Agreement during their orientation process.
CONFLICT OF INTEREST
CLCNY has a responsibility to maintain the highest level of honesty and ethical conduct. Similarly,
CLCNY's employees bear a responsibility to maintain personal integrity and avoid financial and other
interests which can create a conflict or an apparent conflict between their jobs and personal affairs.
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CLCNY expects that the full professional energy of its entire staff will be devoted to the
representation of its clients. Therefore, CLCNY attorneys are not to engage in the private practice of
law. This also applies to attorneys who are on a leave of absence.
Neither personal business interests nor other matters, (other than incidental matters) other than
those involving CLCNY may be conducted during normal business hours by any member of CLCNY
staff.
Written disclosure of interest by a staff member in outside concerns that do or seek to do business
with CLCNY shall be made to the Executive Director. CLCNY employees shall not:
1) Participate directly or indirectly in a CLCNY transaction when the employee knows that:
a) the employee or a member of his or her immediate family has a financial or other interest
in CLCNY's transaction; or
b) a business in which the employee or a member of their family has a financial or other
interest is involved in CLCNY's transaction.
2) Offer or authorize gifts or payments to a vendor or any other party seeking to do business, or
doing business, with CLCNY except payments legally owing for goods or services rendered.
3) Accept any cash gifts or payments, or accept any non-cash gifts with a dollar value in excess
of $50, from vendors or any other party seeking to do business, or doing business, with
CLCNY. All non-cash gifts received must be reported. Any non-cash gift in excess of $50
should be reported and returned.
4) Employees of CLCNY cannot accept gifts from clients’ parents.
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EQUAL EMPLOYMENT POLICIES
EQUAL EMPLOYMENT OPPORTUNITY POLICY
The Children’s Law Center New York affords equal employment opportunity to all employees and
applicants for employment without discrimination on the basis of the employee’s actual or perceived
age, color, creed, disability, gender, gender identity or expression, genetic predisposition or carrier
status, marital status, national origin or citizenship status, pregnancy, race, religion, sexual
orientation, veteran status, or any other characteristic or status protected by federal, state or local
law, ordinance, or regulation. CLCNY is dedicated to fostering an environment which respects the
dignity, rights and contributions of its employees.
CLCNY is committed to:
• administering all personnel actions, including recruitment, hiring, placement, promotion,
compensation, benefits, transfers, training, discipline, terminations and other terms and
conditions of employment without discrimination;
• maintaining and promoting a work environment in which all individuals are treated with
respect and dignity, and are afforded the opportunity to develop to their fullest potential; and
• abiding by all applicable Federal, State, and local employment laws and work to ensure that
all of our personnel actions and polices are in compliance with applicable law.
DIVERSITY POLICY
As an equal opportunity employer, we believe true workforce diversity enables us to recruit, retain,
promote, and tap the full potential of staff at all levels of the organization. It is the diversity of our
workforce, and the broad range of individual characteristics, beliefs, and values of our staff that
characterizes our fundamental approach to delivering the best service to our clients. It is with full
recognition of the value that each person’s individual experience and character brings to our
workplace that we embrace diversity as one of CLCNY’s core principles.
NON-DISCRIMINATION AND ANTI-HARASSMENT POLICY
We are committed to a work environment in which all individuals are treated with respect and
dignity. Each individual has the right to work in a professional atmosphere that promotes equal
employment opportunities and prohibits discriminatory practices, including harassment. Therefore,
CLCNY expects that all relationships among persons in the workplace will be business-like and free
of bias, prejudice and harassment.
Definitions of Harassment
a. Sexual harassment constitutes discrimination and is illegal under federal, state and local
laws. For the purposes of this policy, sexual harassment is defined, as in the Equal
Employment Opportunity Commission Guidelines, as unwelcome sexual advances, requests
for sexual favors and other verbal or physical conduct of a sexual nature when, for example:
(i) submission to such conduct is made either explicitly or implicitly a term or condition of an
individual’s employment; (ii) submission to or rejection of such conduct by an individual is
used as the basis for employment decisions affecting such individual; or (iii) such conduct
has the purpose or effect of unreasonably interfering with an individual’s work performance
or creating an intimidating, hostile or offensive working environment.
b. Sexual harassment may include a range of subtle and not so subtle behaviors and may
involve individuals of the same or different gender. Depending on the circumstances, these
behaviors may include, but are not limited to: unwanted sexual advances or requests for
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sexual favors; sexual jokes and innuendo; verbal abuse of a sexual nature; commentary
about an individual’s body, sexual prowess or sexual deficiencies; leering, catcalls or
touching; insulting or obscene comments or gestures; display or circulation in the workplace
of sexually suggestive objects or pictures (including through e-mail); and other physical,
verbal or visual conduct of a sexual nature.
c. Sex-based harassment — that is, harassment not involving sexual activity or language (e.g.,
male manager yells only at female employees and not males) — may also constitute
discrimination if it is severe or pervasive and directed at employees because of their sex.
d. Harassing conduct includes, but is not limited to: epithets, slurs or negative stereotyping;
threatening, intimidating or hostile acts; denigrating jokes and display or circulation in the
workplace of written or graphic material that denigrates or shows hostility or aversion toward
an individual or group (including through e-mail).
Individuals and Conduct Covered
These policies apply to all applicants and employees, and prohibit harassment, discrimination and
retaliation whether engaged in by fellow employees, by a supervisor or manager or by someone not
directly connected to CLCNY (e.g., an outside vendor or consultant).
Conduct prohibited by these policies is unacceptable in the workplace and in any work-related
setting outside the workplace, such as during business trips, business meetings, the courthouse and
business-related social events.
Retaliation Is Prohibited
CLCNY prohibits retaliation against any individual who reports discrimination or harassment or
participates in an investigation of such reports. Retaliation against an individual for reporting
harassment or discrimination or for participating in an investigation of a claim of harassment or
discrimination is a serious violation of this policy and, like harassment or discrimination itself, will be
subject to disciplinary action.
DISABILITY ACCOMMODATION POLICY
CLCNY is committed to complying with all applicable provisions of the Americans With Disabilities Act
(“ADA”) and state and local disability laws, as applicable. It is CLCNY’s policy not to discriminate
against any qualified employee or applicant with regard to any terms or conditions of employment
because of such individual’s disability or perceived disability so long as the employee can perform
the essential functions of the job. Consistent with this policy of nondiscrimination, CLCNY will
provide reasonable accommodations to a qualified individual with a disability who has made CLCNY
aware of his or her disability, provided that such accommodation does not constitute an undue
hardship on CLCNY.
Employees with a disability who believe they need a reasonable accommodation to perform the
essential functions of their job should contact the Human Resources Manager. CLCNY encourages
individuals with disabilities to come forward and request reasonable accommodation.
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COMPLAINT PROCEDURE POLICY
Reporting Policy Violations and Concerns
CLCNY strongly urges the reporting of all policy violations regardless of the offender’s identity or
position. This applies to all CLCNY policies and concerns, including, but not limited to, incidents
prohibited under CLCNY’s Non-discrimination and Anti-harassment policies. Individuals who believe
they have experienced conduct that they believe is contrary to any CLCNY policy or who have
concerns about such matters should file their complaints with their immediate supervisor, the Office
Manager, the Human Resources Manager or the Executive Director as early as possible. Individuals
should not feel obligated to file their complaints or concerns with their immediate supervisor first
before bringing the matter to the attention of one of the other CLCNY designated representatives
identified above.
IMPORTANT NOTICE TO ALL EMPLOYEES: Employees who have experienced conduct they believe is
contrary to a CLCNY policy may have an obligation to take advantage of this complaint procedure or
risk affecting his or her rights in pursuing legal action. Also, please note, federal, state and local
discrimination laws establish specific time frames for initiating a legal proceeding pursuant to those
laws.
The Investigation
Any reported allegations of harassment, discrimination or retaliation will be investigated promptly,
thoroughly and impartially. The investigation may include individual interviews with the parties
involved and, where necessary, with individuals who may have observed the alleged conduct or may
have other relevant knowledge.
Confidentiality will be maintained throughout the investigatory process to the extent consistent with
adequate investigation and appropriate corrective action.
Responsive Action
Misconduct constituting harassment, discrimination or retaliation will be dealt with promptly and
appropriately. Responsive action may include, for example, training, referral to counseling,
monitoring of the offender and/or disciplinary action such as warning, reprimand, withholding of a
promotion or pay increase, reduction of wages, demotion, reassignment, temporary suspension
without pay or termination, as CLCNY believes appropriate under the circumstances. If an employee
making a complaint does not agree with its resolution, the employee may appeal to the Executive
Director.
Individuals who have questions or concerns about these policies should speak with the Human
Resources Manager.
Finally, these policies should not, and may not, be used as a basis for excluding or separating
individuals of a particular gender, or any other protected characteristic, from participating in
business or work-related social activities or discussions in order to avoid allegations of harassment.
The law and the policies of CLCNY prohibit disparate treatment on the basis of sex or any other
protected characteristic, with regard to terms, conditions, privileges and perquisites of employment.
The prohibitions against harassment, discrimination and retaliation are intended to complement and
further these policies, not to form the basis of an exception to them.
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DRUG & ALCOHOL ABUSE
CLCNY prohibits the manufacture, distribution, dispensation, possession, or use of any illegal drug,
alcohol, or controlled substance while on CLCNY premises. These activities constitute serious
violations of CLCNY rules, jeopardize CLCNY and can create situations that are unsafe or that
substantially interfere with job performance. Employees in violation of the policy are subject to
appropriate disciplinary action, up to and including the termination of employment. The only
exception to this policy in terms of alcohol consumption on the premises is for holiday parties and
special celebrations which have been pre-approved by the Executive Director. Even in these
circumstances, consumption of alcohol must not interfere with work, must not be in the presence of
clients, and should be in moderation.
Additionally, CLCNY reserves the right to require an employee to undergo a medical evaluation under
appropriate circumstances. Any employee who is tested upon suspicion that (s)he is under the
influence of alcohol or drugs at work will not be allowed to return to work until the results are
obtained. During this period the employee may use accrued benefit time. If the results are negative,
the accrued benefit time will be converted to regular pay. If the results are positive, first-time
offenders may be suspended without pay. During that time, the employee is expected to examine his
or her continued working relationship with CLCNY and seek appropriate rehabilitative assistance. At
the end of the suspension and before returning to work, the employee must be retested with
negative results. Failure to test negative at this point will result in termination. Second-time
offenders who test positive will be subject to immediate termination.
NO SMOKING POLICY
In order to comply with government regulations, CLCNY has prohibited smoking throughout its
workplace.
Failure to follow the No Smoking policy can lead to disciplinary action up to and including termination
of employment
Any questions regarding the No Smoking policy should be directed to Human Resources Manager.
PERSONAL APPEARANCE/DRESS CODE
All employees are required to be groomed and attired in a business-like manner that is appropriate
for their jobs. Our policy emphasizes cleanliness, neatness and good taste. All clothing and
accessories must be clean, in good condition, and consistent with that normally found in a
professional business environment.
General Principles
Proper attire creates a positive impression to others about CLCNY and its image. The location where
you work and the type of job you perform will determine the appropriate attire. Extremes in hair
styles or clothing are not permitted.
No employee shall wear clothing that is sexually suggestive or provocative. Cut-out or “revealing”
styles of clothing such as outfits with bare back, bare shoulders, or bare midriff are not for the
workplace. Also, ill-fitting garments are inappropriate work attire, including clothing which may be
too bulky, too tight, too short or too long.
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Good taste should be followed for jewelry and other accessories. Extremes in makeup and hairstyles
and colors should be avoided by all employees. All articles of clothing should be neat, clean and free
of any obvious defects (holes, tears, etc.).
Personal grooming and daily hygiene must be of the highest standards at all times. Facial hair must
be regularly trimmed. Employees who are unable to comply with the Grooming/Clothing Guidelines
because of religious observance must advise the Human Resources Manager or the Office Manager
of such concerns.
The following are examples of INAPPROPRIATE ATTIRE
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T-Shirts or Logo shirts
blue denim jeans
sundresses, back-less dresses
any clothing with offensive wording
tank tops; halter tops; tube tops
tattered jeans (blue or black)
bare midriffs or cropped shirts
mini-skirts
shorts; cutoffs
sheer clothing
tennis shoes (sneakers)
flip flops or thongs
Spandex or Lycra
OFFICE SECURITY
If applicable, employees must sign-in at night and on weekends with the lobby security desk, so that
security personnel are aware that employees are in the building. Employees must follow the
particular building security protocol. Each Office Manager will have the information for each CLCNY
location.
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Prior to the end of the business work week, staff must log in at the front desk if they have
scheduled client appointments during the weekend. This will be reviewed by the Borough
Directors.
Clients and non-staff members should never be unaccompanied in the office work areas.
Clients and non-staff members should be escorted to and from the client waiting room areas.
All CLCNY equipment must be secured so as to prevent theft.
SECURITY
CLCNY reserves the right to inspect all work areas, bags, packages, and lockers of employees
entering and leaving the building.
CLCNY is not liable for theft of personal property within the office.
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PERSONAL CALLS, VISITS AND AFFAIRS
CLCNY expects the full attention of its employees while they are working. Although employees may
occasionally have to take care of personal matters during the workday, employees should try to
conduct such personal business either before or after the workday or during breaks or meal periods.
Regardless of when any personal call is made, it should be kept short.
Employees should also limit incoming personal calls, visits, or personal transactions. CLCNY’s
phones should be available to serve our clients and non-business use of the phones can hurt
CLCNY’s reputation. A pattern of excessive personal phone calls, personal visits, and/or private
business dealings is not acceptable and may lead to disciplinary action.
EMPLOYEE ID
To assist our clients, visitors, co-workers and building employees with identifying CLCNY employees,
CLCNY has adopted an Employee ID program. The CLCNY ID card which consists of the employee’s
name, title, identification card expiration date and a recent photo should be worn by CLCNY
employees at all times while in the CLCNY offices.
When staff members wear the ID it helps new employees transitioning into our work environment to
identify other employees. It also helps clients and visitors who may want to ask questions identify
members of the CLCNY team.
If you are a new employee, you will receive instructions on how to obtain your Identification Card
during your New Employee Orientation. If you are a current employee and wish to replace a lost ID,
please contact your Office Manager.
SOLICITATIONS, DISTRIBUTIONS, AND USE OF BULLETIN BOARDS
Employees may not solicit any other employee during working time, nor may employees distribute
literature in work areas or send solicitation emails at any time. Under no circumstances may an
employee disturb the work of others to solicit or distribute literature to them during their working
time.
Persons not employed by CLCNY may not solicit CLCNY employees for any purposes on CLCNY
premises.
BULLETIN BOARDS
Bulletin boards maintained by CLCNY are to be used only for posting or distributing material of the
following nature:
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Notices containing matters directly concerning CLCNY business; announcements of a
business nature which are equally applicable and of interest to employees.
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All posted material must have authorization from the Human Resources Manager,
Administrative Manager, Office Manager or Executive Director. All employees are expected to
check these bulletin boards periodically for new and/or updated information and to follow
the rules set forth in all posted notices. Employees are not to remove material from the
bulletin boards.
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CLCNY RESOURCES
While it is understandable that you might use a phone line and the Internet now and then for
personal matters, it is expected that you will not do so abusively. If we find there is abuse in this
regard, it will be considered misconduct and could lead to disciplinary action, up to and including
termination of employment.
In this regard, never use an overnight package service for personal business. Your supervisor or the
Office Manager will explain our office’s procedures for purchasing supplies; reimbursements; and so
forth. Please be sure you have authorization before buying anything for CLCNY. Otherwise, you may
be responsible for paying for it.
ACCIDENTS AND EMERGENCIES
Maintaining a safe work environment requires the continuous cooperation of all employees. CLCNY
strongly encourages employees to communicate with fellow employees and their supervisors
regarding safety issues.
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All employees will be provided care, first-aid and emergency service, as required, for injuries
or illnesses occurring in a CLCNY office. Employees should contact their supervisor, the
nearest supervisor and/or the 911 operator in the event of an accident or emergency.
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If an employee is injured on the job, CLCNY provides coverage and protection in accordance
with the New York State Workers’ Compensation Law. When an injury occurs at work, it must
be reported immediately to the employee’s supervisor, who in turn will notify the Human
Resources Department of the incident.
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Failure to report workplace accidents is a serious matter as it may preclude an employee’s
coverage under the Workers’ Compensation Insurance program. If a staff member, client or
visitor is injured or becomes ill in the offices, where time permits, consult with a supervisor,
call 911, and alert the building security staff. If a client or visitor poses a threat to
themselves or others, you may need to call 911. However, where time and safety permit, you
should consult a supervisor and a CLCNY social worker before doing so.
EMERGENCY OFFICE CLOSING POLICY
It is the policy of CLCNY to maintain normal business operations at all times except as prohibited or
severely compromised by extreme weather or other emergency conditions that interrupt or limit our
ability to provide essential city-wide services. The Executive Director or Human Resources Manager
will endeavor to inform employees about an emergency office closing via e-mail, supervisory
telephone tree, and/or CLCNY’s website; where emergency conditions prevent such communication,
employees should follow the directives of the Mayor’s Office of Emergency Management or related
public information sources, and in general should use common sense and good judgment about
remaining at or reporting to work during an emergency.
During emergencies there will be an announcement message on the CLCNY main number indicating
if the offices are open or are closed due to an emergency. CLCNY employees are expected to call
718.522.3333, at least an hour before the office opens to determine if the office will be open or if
there will be an Emergency closing.
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CLCNY recognizes and appreciates the efforts of those employees who report to work under
emergency conditions to fulfill work assignments associated with essential services, or who
otherwise endeavor to ensure that we continue to meet critical client needs and facilitate any
emergency-related business operations. Employees who are not otherwise on leave (including, for
example, vacation, sick, or FMLA leave) but who are prohibited from coming to work due to
emergency conditions will be credited with attendance as if they had come to work and will not be
penalized for their absence during an emergency office closing. The Human Resources Department
will inform employees of the time considered to be an emergency office closing for the purpose of
this policy.
GIFTS
Gifts of any significant value, more than $50, should not be accepted from any client or vendor
selling products or services to us. Any gift received, regardless of its value, should be disclosed to
your supervisor.
POLITICAL AND CHARITABLE CONTRIBUTIONS AND ACTIVITIES
CLCNY generally makes no political contributions. We will not reimburse employees for their
contributions. CLCNY from time to time will notify staff of charitable efforts we are associated with.
No employee should use CLCNY stationery for personal or political purposes. Similarly, no one
should implicitly or explicitly use his or her position in CLCNY to further a cause or candidate.
Permission to organize charitable events must be obtained from the Human Resources Department.
POLICY ON PUBLIC STATEMENTS OF CLCNY OR STATEMENTS TO THE MEDIA ON BEHALF OF CLCNY
ON LEGISLATION AND OTHER ISSUES
No one is authorized to testify before legislative committees or any other body or forum on behalf of
CLCNY or make any statement to the media on behalf of CLCNY as to CLCNY's policy on issues
without seeking written approval in advance and approval of the text to be submitted from the
Executive Director. If CLCNY's influence on public questions is to have any value, it must speak with
one voice. It cannot effectively assert different positions.
No employee is to speak to or make a written statement to the media on behalf of CLCNY without
seeking written approval in advance and approval of any text to be submitted from the Executive
Director.
POLICY ON INQUIRIES CONCERNING REAPPOINTMENT OF JUDGES
Staff members have an obligation to respond fully and candidly to inquiries from bar associations or
mayoral committees considering the reappointment of judges. Where an individual attorney is
contacted by a committee, the attorney shall indicate that (s)he is expressing their own views unless
specifically authorized to speak on behalf of CLCNY.
Where the Executive Director receives an inquiry and believes that the inquiry would be most
effectively answered by having the committee member talk directly with staff members, the
Executive Director should point the inquiries to those staff who are most knowledgeable and whose
judgments are of the most value.
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Staff lawyers should be reminded that ordering appropriate transcripts will furnish the best evidence
of judicial conduct. If the staff member prepares an affidavit concerning an incident of judicial
impropriety, that affidavit should be prepared on the day of the incident with full notations as to time,
place and circumstances.
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INTERNET COMMUNICATIONS POLICIES
ELECTRONIC COMMUNICATIONS POLICY
CLCNY encourages the use of organization electronic communication resources to share information
and knowledge to conduct CLCNY’s business in support of CLCNY’s mission to give a child a voice.
CLCNY supports and provides interactive electronic communications services and facilities
(“electronic communication resources”) for telecommunications, mail, publishing, and broadcasting.
Recognizing the convergence of technologies based on voice, video, and data networks, CLCNY’s
Electronic Communications Policy establishes principles, rules, and procedures applying to all
members of the CLCNY organization to specifically address issues particular to the use of electronic
communications resources at all CLCNY locations.
CLCNY employees are responsible for using the electronic communication resources properly and in
accordance with this policy. In addition, CLCNY employees are expected to read and review both the
Internet Use and Blogging and Other Internet Communications policies. Any questions about
Electronic Communications policy should be addressed to the Administrative Manager or Human
Resources Manager.
Compliance and Administration of Policy
• Use of the Internet via CLCNY’s computer system represents consent by the user to all of the
terms and conditions of this policy.
• Violations of CLCNY’s Electronic Communications policy may result in disciplinary action up to
and including discharge.
• CLCNY reserves the right to modify this policy at any time, with or without notice.
Ownership
The electronic communication resources are the property of CLCNY. These resources have been
provided to staff to conduct CLCNY business. All communications and information transmitted by,
received from, or stored in this system are CLCNY records and property of CLCNY. The electronic
communication resources are to be used for business purposes only.
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Employees should be aware they have no right of personal privacy in any matter stored in,
created, received, or sent using electronic communication resources.
CLCNY, in its discretion as owner/provider of the electronic communication resources
reserves and may exercise the right to monitor, access, retrieve, and delete any matter
stored in, created, received, or sent using CLCNY electronic communication resources, for
any reason and without the permission of any employee, and without notice.
Even if employees use a password to access the electronic communication resources, the
confidentiality of any message stored in, created, received, or sent from the CLCNY email
system still cannot be assured. Use of passwords or other security measures does not in any
way diminish CLCNY’s rights to access materials on its system, or create any privacy rights of
employees in the messages and files on the system. Any password used by employees must
be revealed to CLCNY as e-mail or voice mail files may need to be accessed by CLCNY in an
employee’s absence.
Employees should be aware that deletion of any e-mail and/or voice mail messages or files
will not truly eliminate the messages from the system. All e-mail and/or voice mail messages
are stored on a central back-up system in the normal course of data management.
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Even though CLCNY has the right to retrieve and read any electronic communication
messages, those messages should still be treated as confidential by other employees and
accessed only by the intended recipient.
Employees are not authorized to retrieve or read any electronic communication messages
that are not sent to them. Any exception to this policy must receive the prior approval of
CLCNY management.
Harassment and Solicitation
CLCNY’s policies against sexual or other harassment apply fully to the electronic communication
resources, and any violation of those policies is grounds for discipline up to and including discharge.
Therefore, no electronic communication messages should be created, sent, or received if they
contain intimidating, hostile, or offensive material concerning race, color, religion, sex, age, national
origin, disability or any other classification protected by law.
The electronic communication resources may not be used to solicit for religious or political causes,
commercial enterprises, outside organizations, or other non-job related solicitations. Employees may
not send unsolicited electronic communication messages (SPAM) to persons with whom they do not
have a prior relationship.
General Practices
• Because e-mail and/or voice mail records and computer files may be subject to discovery in
litigation, CLCNY Employees are expected to avoid making statements in e-mail or voice mail
or computer files that would not reflect favorably on the employee or CLCNY if disclosed in a
litigation or otherwise.
• The electronic communication resources shall not be used to send (upload) or receive
(download) copyrighted materials, trade secrets, proprietary financial information, or similar
materials without prior authorization from CLCNY management. Employees, if uncertain
about whether certain information is copyrighted, proprietary, or otherwise inappropriate for
transfer, should resolve all doubts in favor of not transferring the information and consult the
Executive Director.
• Files obtained from sources outside CLCNY, including disks brought from home; files
downloaded from the Internet, news groups, bulletin boards, or other online services; files
attached to E-mail; and files provided by customers or vendors, may contain dangerous
computer viruses that may damage CLCNY’s computer network. Employees should never
download files from the Internet, accept e-mail attachments from outsiders, or use disks
from non-CLCNY sources, without first scanning the material with CLCNY-approved virus
checking software. If you suspect that a virus has been introduced into CLCNY’s network,
notify the Office Manager immediately.
• Users should routinely delete outdated or otherwise unnecessary electronic communication
mail and computer files. These deletions will help keep the system running smoothly and
effectively, as well as minimize maintenance costs.
• Because of the storage space required for voice mail messages, CLCNY employees should
not send a voice mail message to a large number of recipients without prior approval from
the Office Manager or Administrative Manager .
• Employees should also use professional and courteous greetings on their Voice mail boxes
so as to properly represent CLCNY to outside callers.
• In order to avoid accidentally disclosing message contents to unauthorized listeners,
employees should not listen to Voice mail messages while using the speaker phone feature.
• Employees are reminded to be courteous to other users of the system and always to conduct
themselves in a professional manner. E-mails are sometimes misdirected or forwarded and
may be viewed by persons other than the intended recipient. Users should write electronic
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•
communications with no less care, judgment and responsibility than they would use for
letters or internal memoranda written on CLCNY letterhead.
Any employee who discovers misuse of the Communications System should immediately
contact Administrative Manager and Office Managers.
INTERNET USE POLICY
Employees are provided with access to the Internet to assist them in performing their jobs. The
Internet can be a valuable source of information and research. Use of the Internet, however, must be
tempered with common sense and good judgment.
As with limited personal telephone calls using CLCNY’s telephone system, limited and appropriate
personal use of the Internet is permissible. However, as a general manner, employees may not
engage in Internet use unless a specific business purpose requires such use. Surfing the net is not a
legitimate business activity. Surfing the net slows down CLCNY’s wide area network and thereby
impedes the provision of client services. For example, surfing the net makes it harder for other users
to conduct legal research.
CLCNY reserves the right to eliminate or restrict Internet access for employees who do not have a
job-related need for such access, regardless of whether there has been a finding or a history of
abuse of the Internet.
Employees who abuse the Internet may be denied access to the Internet. As a legal matter and as
noted earlier, employees have no right of privacy in their use of the internet while at work. In
addition, they may be subject to disciplinary action, including possible termination and civil and
criminal liability, for inappropriate Internet use.
CLCNY has the legal right, but not the duty, to monitor any and all of the aspects of its computer
system, including, but not limited to, monitoring sites visited by employees on the Internet,
monitoring non-business activity such as chat groups and news groups, reviewing material
downloaded or uploaded by users to the Internet, and reviewing e-mail sent and received by users.
Inappropriate Content
CLCNY will use software to identify inappropriate or sexually explicit Internet sites. Such sites may be
blocked from access by CLCNY networks. Requests for access to such sites in connection with client
representation will be considered on a case-by-case basis by the Executive Director. In the event
staff members encounter inappropriate or sexually explicit material while browsing on the Internet,
staff should immediately disconnect from the site, regardless of whether the site was subject to
blocking software.
Games and Entertainment Software
Employees may not use CLCNY’s Internet connection to download games or other entertainment
software, including wallpaper and screen savers, or to play games over the Internet.
Employees may not illegally copy material protected under copyright law or make that material
available to others for copying. Employees are responsible for complying with copyright law and
applicable licenses that may apply to software, files, graphics, documents, messages, and other
material they download or copy. Employees may not agree to license, or download any material for
which a registration fee is charged.
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BLOGGING & OTHER PUBLIC INTERNET COMMUNICATIONS
CLCNY acknowledges the growing popularity of weblogs or “blogs,” personal websites, and other
public Internet communications (i.e., Facebook and MySpace) as a means for sharing experiences,
ideas, and opinions with the public.
All CLCNY staff have professional ethical obligations that they must respect so the manner in which
client information is disclosed as well as the circumstances needs to be duly attended to.
However, because of the legal and other ramifications that may stem from publicly posting material,
we have adopted the following policy regarding public Internet communications both during working
and non-working time.
Public Internet communications
This policy applies to all Internet communications that may be accessed by the public, including but
not limited to blogs, personal websites, and discussion forums.
Blogging not permitted on company time
All blogging and other Internet activity during work hours and/or using company equipment or
connections is subject to the CLCNY Electronic Communications. Unless specifically authorized by
the Executive Director, blogging and other public Internet communications are not permitted during
an employee’s working time.
During non-working time, the following requirements must be met:
Disclaimer required
Any reference to CLCNY, CLCNY employees, or clients publicly posted on the Internet must contain a
disclaimer indicating that the thoughts and opinions expressed belong to the author and do not
necessarily reflect those of the organization.
Posting of certain protected information prohibited
Employees may not disclose trade secrets, confidential business information (e.g., business plans,
strategies, client information, etc.) or other proprietary information belonging to CLCNY or its clients
to individuals outside CLCNY, including through blogs and other Internet postings. Employees wishing
to post statements relating to CLCNY, its employees or its clients on blogs or other public Internet
communications should remember their duty of loyalty to CLCNY and their clients, which requires
that they refrain from making statements or engaging in actions which may discredit CLCNY or their
clients, that they must maintain client confidentiality and, further, that they maintain a professional
demeanor.
Employees wishing to post blogs or other public Internet communications should also be aware that
copyright and trademark law may restrict the use and copying of material belonging to CLCNY and
others. Employees may not violate the intellectual property or privacy rights of others.
Notwithstanding the foregoing, nothing in this policy is meant to interfere with employee
statements that are protected under federal or state law.
Other prohibited activities.
CLCNY’s Equal Employment Opportunity Policy and its policies against sexual or other harassment
apply fully to the use of the Internet, including blogging. If conduct is in violation of CLCNY’s policies
and/or is seen as compromising the interest of the organization, CLCNY may request that you cease
the violative commentary or remove the offensive posting, and may take appropriate disciplinary
action.
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Violations of policy.
Failure to follow this policy may result in disciplinary action, up to and including termination. All blogs
and other public Internet communications are subject to the other policies contained in this
handbook, including but not limited to the Internet and Computer Use Policies, Equal Employment
Opportunity Policy, and the policies against sexual or other harassment.
POLICY FOR USE OF LAPTOPS, IPOD TOUCH and OTHER MOBILE DEVICES
Loaner Laptops
Loaner laptops can be requested by staff members for short-term use. Loaner laptops have a basic
Windows XP configuration with remote access capabilities. They can be used to connect to CLCNY’s
network from any location that provides Internet access. Offices that have a pool of loaner laptops
will enforce a “check-in/check-out” procedure to keep track of the machines. This equipment should
be borrowed for no more than a few days at a time. This allows everyone a fair opportunity for laptop
use and prevents any users from monopolizing the equipment. Documents prepared on these
machines should normally be stored on the CLCNY network. Any documents or other data created
locally needs to be transferred to the CLCNY network and subsequently deleted from the laptop.
Users also need to maintain a level of reasonable care while in possession of one of these laptops.
Even though the laptop belongs to CLCNY, borrowers should handle and treat the laptops as
carefully as if it was their personal property.
Desktop Replacement Laptops
CLCNY staff attorneys currently have a laptop with a docking station and separate monitor in lieu of a
traditional desktop computer. While these machines will still be primarily for office use, staff
members will have the option of using these machines when they need to be away from the office.
These machines have been asset tagged and the information is maintained in an inventory
database. These laptops have also been equipped with special tracking software which can help us
find a machine that has been lost or stolen. These machines require a user ID and password to sign
on to Windows, whether they are connected to the network or not. Just as with the loaner laptops, a
level of reasonable care should be taken whenever a machine is removed from the office.
The iPod Touch
The iPod Touch is a mobile device provided to trial attorneys for remote access ability. It can be used
to connect to CLCNY’s network via a WIFI, at a WIFI enabled location. Although the iPod Touch has
security features, be attentive when seeking to access WIFI. We encourage you to use secure WIFI
such as the court’s WIFI. CLCNY’s iPod Touches are asset tagged and the information is maintained
in an inventory database. Like all CLCNY technology, the iPod Touch requires user ID and password
during set up. Just as with the laptops, a level of reasonable care should be taken with the iPod
Touch.
The primary purpose of using the iPod Touch is for access to email, task, and calendar when you do
not need your laptop in court or when you are in the field. The iPod Touch also has McKinney
statutes and is case law accessible. CLCNY is currently researching other uses for the iPod Touch.
General Laptop and iPod Touch Guidelines
Since these machines are property of CLCNY, installing non-approved software or apps on these
machines is strictly forbidden. Laptop and iPod Touch devices are meant for business use. No
personal software or data should be stored on them. Only work-related data can be downloaded from
the Internet. These machines are specifically assigned to a user and are not mean to be shared with
friends or family members. Replacement of lost, stolen or mishandled (e.g., left in the rain, dropped
food on it) machines will be subject to a case-by-case review. While we understand that damage or
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theft may severely limit the staff member’s ability to receive a replacement laptop or borrow
additional laptops in the future. The machines are provided solely to assist staff in their jobs.
Use of a Personal Mobile Device
It has been approved that on a case by case basis that staff who wish to use their personal
Blackberry or iPhone instead of the iPod Touch may request to do so with the Administrative
Manager. We require that CLCNY has the PIN number of the device and that CLCNY email is sent to
a separate email box. All other personal electronic devices we will have to review to see if they meet
the security protocols to protect the CLCNY network.
EMAIL SIGNATURE STANDARDS
All staff members must use one of the standard CLCNY signature block formats for emails. The
signature block should contain all the contact information a recipient might require in order to
respond to an email including, the sender’s name, title, and our organization name. A physical
location, phone and fax number, email address, mission statement and CLCNY website information
should follow. Staff members can obtain detailed instructions for setting up email signatures from
his/her Office Manager.
PROFESSIONAL DEVELOPMENT REIMBURSEMENT
CLCNY will contribute $125 annually towards fees for each regular employee taking approved CLE or
other professional development courses on relevant subjects.
ATTENDANCE AND REIMBURSEMENT OF CONFERENCE FEES
No member of CLCNY's staff may attend any conference, convention, organizational meeting or like
gathering on CLCNY's time unless such attendance has been previously authorized by the Executive
Director, Directors, or Administrative Manager.
Attendance at a conference and reimbursement for the cost of attending the conference will be at
CLCNY's discretion and will be determined on an individual basis.
REIMBURSABLE EXPENSES
Employees of CLCNY will be reimbursed for necessary and reasonable expenses incurred in the
conduct of CLCNY business in accordance with the following:
Travel Authorization
Local travel which is planned for must be approved by a supervisor. All non-local travel or travel
exceeding $200 must be approved in advance by the Executive Director or Deputy Director.
Reimbursement to employees for expenses incurred in accordance with the preceding sections will
be made upon presentation of a check request memo with appropriate approval.
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Type of Voucher
A petty cash slip is adequate for travel in and around New York City where the total amount is $25 or
less. In all other cases, a check request memo, with approval(s) should be submitted to the
Administrative Manager.
Approvals
Petty cash slips will be submitted to the Administrative Manager and Office Managers for approval.
Check requests must be approved by the Executive Director or Deputy Director.
Purposes
Travel should be authorized only for purposes relating to the business of CLCNY.
Chargeable Expenses
Acceptable expenses chargeable to CLCNY are as follows:
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Transportation - The most economical mode of travel (subway, bus, rail, car, or air) will be
used. Chargeable transportation expenses consist of:
Taxi fare as paid plus not more than 20% as tip. Taxis should normally not be used when
public conveyances such as buses or subways are available. Local buses or subways should
be used whenever possible.
Railroad fare at lowest available rate.
Airplane fare at lowest available rate and will be reimbursed at a maximum of
coach/economy fare.
Reasonable tips to attendants for handling baggage.
Private automobile transportation is reimbursed at 51 cents per mile plus tolls and parking
fees. This mileage is in lieu of charges for automobile maintenance, fuel, lubrication,
washing, waxing, towing, repair, license, registration, depreciation, insurance or other costs.
Rental cars should be rented at the lowest rate available.
Registration fees at professional meetings will be reimbursable if approved in
advance by the Executive Director.
Other business expenses such as telephone calls, photocopying and postage will be
reimbursed.
Original receipts
Original receipts will be required for all expenses where feasible.
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Original receipts will also be required for all hotel charges, railroad, bus or airplane fare, and
other substantial expenses.
Receipts should also be provided in support of taxi and limousine charges.
Personal credit card receipts will be accepted. However, for hotel charges, the hotel bill
should accompany the personal credit card receipt.
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CLCNY employs a number of people in positions ranging from Staff Attorney to Executive Director,
from Receptionist to Administrative Manager. Employees are assigned to a number of employment
categories and Fair Labor Standards Act (“FSLA”) Classifications which determine the conditions of
employment for each position.
EMPLOYEE CATEGORIES
Full Time Employees:
All regular employees who are normally scheduled to work 40 hours
per week. These employees are eligible for full insurance, annuity
and paid time-off benefits.
Part Time Employees:
All regular employees who work less than 40 hours per week. For
purposes of benefits, regular employees who work 21 hours per week
or more will be eligible for full insurance, annuity and pro-rated timeoff benefits.
Temporary Employees:
Employees hired for a specific project or to replace an employee on
leave for a defined period.
A temporary employee is paid by the hour according to the terms of
hire for that individual. Temporary employees generally do not
receive any additional compensation or benefits provided by CLCNY.
Your employment is not for any specific time and may be terminated at will, with or without cause
and without prior notice, by CLCNY
EMPLOYEE CLASSIFICATIONS
Exempt Employees:
Attorneys, Social
Workers, CSI and
Managers
Non-Exempt Employees:
Administrative
Support, Case Worker
and Paralegal staff
Exempt employees are classified as such if their job duties are
exempt from the overtime provisions of the Federal and State Wage
and Hour Laws. Exempt employees are not eligible for overtime pay.
Non-exempt employees receive overtime pay in accordance with our
overtime policy. Their salaries are calculated on an hourly basis.
HOURS/WORK WEEK/OVERTIME
1) The working hours for non-exempt, (administrative support and paralegal) employees of CLCNY
are staggered between 8:30 a.m. and 7:30 p.m., Monday through Friday.
2) Depending on CLCNY’s work needs, all administrative support and paralegal employees are
expected to work overtime if requested.
3) Overtime pay applies only to administrative support and paralegal employees, and must be
authorized in advance by the employee’s manager and will be confined to those instances when
work cannot be postponed and cannot be otherwise performed within a normal work schedule.
Overtime payment, which is included with the non-exempt employee’s base salary payment, is to
be paid bi-monthly with such payment covering hours worked in the prior pay period.
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4) administrative support and paralegal employees required to work beyond their regular end time
in any day will be paid for the additional hours at the rate of one and a half times for all such
additional hours over 40 in a week. The employee shall document all hours worked on a nonexempt time sheet.
5) Attorneys, social workers and managers are expected to work those hours necessary to properly
fulfill their professional responsibilities. Unless specified or discussed with your supervisor our
office work day begins at 9:00am.
6) Excessive lateness and/or absences may be cause for disciplinary action, including discharge.
PAY PRACTICES
Employees are paid by direct deposit or check on the 5th and 20th of each month. If the normal
payday falls on Saturday, Sunday or a Monday holiday, payday will be the preceding Friday.
Checks may be cashed at the Signature Bank branch at 26 Court Street, Brooklyn, NY, 11242.
Please see the Human Resources Manager or Administrative Manager for details.
EMPLOYMENT APPLICATION
1. Applicants for staff attorney position shall submit a resume, a writing sample and a list of
references. CLCNY shall check references and confirm that the applicant is admitted to
practice law in New York and in good standing with the Office of Court Administration.
2. Applicants for social work positions shall submit a resume, writing sample and a list of
references. CLCNY shall check references prior to any offer of employment. All social
workers holding a Master of Social Work degree shall be licensed by the State of New York or
shall take and pass the licensing examination within six months of employment.
3. Applicants for paralegal and positions shall submit a resume and a list of references. CLCNY
shall check references prior to an offer of employment.
4. All applications shall be retained by CLCNY for a minimum of one year.
EMPLOYMENT PRACTICES
1. Evaluations for attorneys and social workers will be conducted after the first six (6) months of
an individual's employment. Determination of continued employment will be made at that
time. Evaluations shall be conducted annually thereafter. Evaluations for paralegals and
staff will be conducted after the first three (3) months. Determination of continued
employment will be made at that time. Evaluations shall be conducted every year thereafter.
2. Employees facing work related problems are encouraged to discuss their problems with their
supervisor or the Human Resources Manager.
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HIRING OF RELATIVES AND MEMBERS OF THE SAME HOUSEHOLD
It is the policy of CLCNY to employ the best qualified employees available for all jobs. However, it is
necessary that certain rules be applied in the placement of employees who are closely related.
The policy of CLCNY is not to hire relatives or members of the same household of present employees
of CLCNY.
When a situation occurs which results in a violation of this policy (whether because of the marriage
of two employees or some other circumstance), one of the employees involved will be required to
resign or otherwise be discharged. Employees will be permitted to determine which of them will
resign and will be required to inform CLCNY of their decision within a two-month period after the
violation begins. If the employees cannot make a decision, the Executive Director will decide who
will remain employed.
For interpretation of this policy, a relative is considered to be as follows: spouse, parents, stepparents, parents-in-law, children, stepchildren, children-in-law, siblings, step-siblings, uncle, aunt,
brother/sister-in-law, first cousin, grandparent, grandchild, and domestic partners. Other
relationships not covered by the above will be subject to review by the Executive Director.
NEW EMPLOYEE ORIENTATION
CLCNY has established this policy for orienting new employees to the culture of the organization in
order to facilitate organizational learning and employee productivity in a minimum period of time. In
furtherance of this policy, CLCNY sets aside a new-hire orientation period which is to be conducted
within three days of an employee’s start date.
Each new employee will be notified by Human Resources of the date, time and location for the
orientation to be conducted. Orientations may be conducted individually or in group settings.
Employees will be expected to bring their completed new-hire informational packages which they
received either with their offer letter or upon their first day.
Each employee should have received and completed the following documents or forms:
• I-9 Form and instructions. Employees should bring to orientation documents supporting their
eligibility to work in the United States.
• Employee self–identification.
• Employee handbook acknowledgement receipt.
• Federal and state tax withholding forms.
• Emergency contact and personal information form.
• Benefit plan enrollment or waiver forms.
Orientation Program:
The program will be conducted in the following phases:
Human Resources Agenda:
• Introduction to CLCNY, its mission, functions and culture.
• Executive Director Welcome
• New employee forms completion.
• Benefit plan information, discussion and preliminary enrollment.
• Policy reviews— including but not limited to harassment, EEO, CLCNY expectations, pay
periods, business travel and reimbursement procedures.
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Office Manager Agenda
• Administrative Manual distribution.
• Safety, fire, emergency evacuation and job-related safety issues.
• Administrative procedures reviews— security, computer systems and logins, telephone
systems, ID badges, supplies and equipment, facility and work station location issues.
Manager Agenda
Supervisor introductory meeting with new employees — discuss department and company standards,
confidentiality and privacy issues, attendance and punctuality standards, reporting of absences, time
tracking/sign-in procedures, and complaint procedures.
Administrative Manual
Staff members will receive a CLCNY Administrative Manual containing general information about
CLCNY general daily procedures and how to complete many of the day-to-day tasks he/she may
encounter as an employee of CLCNY. It is the staff member’s responsibility to review and adhere to
the practices outlined in the manual.
EMPLOYEE INFORMATION
It is each employee’s responsibility to provide current information regarding their address, telephone
number, insurance beneficiaries, change in dependents, marital status, etc. Please inform the
Human Resources Department of any changes in your address, phone number, emergency contact
information, marital status, number of dependents, etc. Changes in exemptions for tax purposes will
only be made upon the receipt of a completed W-4 form.
PERSONNEL FILES
Employee personnel files are the property of CLCNY, and do not belong to the employee. However,
upon request, CLCNY will provide employees with the opportunity to review his or her employee file
upon submission of an appointment request to review the file.
TELECOMMUTING
Definition
Telecommuting entails a work-at-home arrangement or a remote-access arrangement for at least
part of the workweek on a regular basis. Telecommuting is not a substitute for staff who have less
than full time employment status for child care related purposes during the work week. In general,
telecommuting is a privilege that may be granted under appropriate circumstances to employees
whose job responsibilities are suited to such an arrangement, and each request to telecommute will
be decided on an individual basis under the guidelines set forth below. In certain cases,
telecommuting may be a requirement of the position, and employees will be so notified at the time of
hire.
Eligibility
In general, this policy pertains to limited job categories since the requirement of most CLCNY
positions require the employee to be in the office or at court. Initiation of a telecommuting
arrangement can be at the request of either CLCNY or the employee. Permission to engage in
telecommuting is at the discretion of the CLCNY supervisor and subject to approval by the Executive
Director. Participation in telecommuting is voluntary on the part of the employee, except in cases
where the position requires it and notification has been provided to the employee at the time of hire.
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Employees who wish to telecommute must first discuss the request with their immediate supervisor,
who must support the request. The request should then be put into writing and presented to the
Executive Director. If approved, the telecommuting request will be forwarded to Human Resources.
The office attendance form will indicate the staff is telecommuting.
Generally, requests to telecommute should be contemplated when:
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The employee has demonstrated sustained high performance, and when the supervisor
believes that the employee can maintain the expected quantity and quality of work while
telecommuting;
There will be no impairment to job performance; and
Telecommuting is appropriate considering the nature of the employee’s job.
Generally, requests to telecommute should not be contemplated when:
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The nature of the job requires the employee’s physical presence (e.g., it may not be
appropriate where the employee must supervise the work of other employees), or efficiency
is compromised when the employee is not present;
The employee’s performance evaluations do not indicate sustained high performance;
The employee’s observed productivity levels are problematic;
The employee requires close supervision as indicated, for example, by the employee’s
consistent need for guidance on work related matters;
The employee has been employed for less than six (6) months; or
The employee has received disciplinary action or has a demonstrated attendance problem.
Telecommuting is not intended to permit employees to have time to work at other jobs or to run their
own businesses. Failure to fulfill normal work requirements, both qualitative and quantitative, on
account of other employment, may be cause for disciplinary action or termination of employment.
Permission to telecommute is dependent upon the employee’s having a suitable work location at the
off-site premises, and in compliance with the requirements set forth below.
Duration
All telecommuting arrangements are granted on a trial and revocable basis, and may be
discontinued by CLCNY at any time and for any reason. In addition, an employee may discontinue
participation in telecommuting at any time (except in those circumstances noted earlier where
telecommuting is required of the position).
In making telecommuting arrangements, both the supervisor and the employee must be mindful that
the policy is designed to provide a consistent and stable working arrangement, and it should not be
used as a constant series of short-term arrangements. Employees who change their mind frequently
about participating will not be permitted to telecommute.
Guidelines
The following guidelines apply to telecommuting arrangements:
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A specific work schedule, including work days and hours, must be agreed upon in advance;
Employees must phone in to their Supervisor every morning to confirm their attendance for
the day;
Employees must be on site as necessary to attend meetings, training sessions, or similar
events or occurrences;
Employees must maintain a normal workload;
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Employees who are unable to work due to illness, or wish to be relieved of responsibility for
work on a particular day, must use appropriate leave, as provided in the Leaves of Absence
policy, and report their absence to their supervisor;
Employees are responsible for the safety and security of all CLCNY property and proprietary
information; and
CLCNY property such as computers, printers, fax machines and other equipment loaned to
an employee is the employee’s responsibility while it is not on CLCNY premises. It is the
employee’s responsibility to make sure that their homeowner’s/renter’s insurance covers
injury arising out of or relating to business use of the home.
Taxes
Income taxes will be withheld based on the location of the employee’s administrative unit, not on the
location from which the employee telecommutes. Employees may wish to consult their tax advisor
with respect to other tax consequences.
CLCNY Property
Equipment and services may be provided by and paid for by the employee’s department at CLCNY’s
sole discretion. In many cases, employees will be expected to provide their own equipment, such as
computers and telephone lines, if they wish to telecommute.
Equipment such as computers, printers, software, and services such as fax lines provided on loan by
CLCNY remain the property of CLCNY while on loan, and must be returned upon termination of the
telecommuting arrangement. If CLCNY equipment is provided, each piece of equipment must be
listed with its serial number when the employee takes possession. Employees must return the
equipment in the same condition in which it was originally received, minus normal wear and tear.
Employees are personally liable for missing or damaged equipment.
Insurance
CLCNY assumes no liability for injuries occurring in the employee’s home workspace outside of work
hours. Employees should note that some homeowner policies do not automatically cover injuries
arising out of, or relating to, the business use of the home. For the employee’s protection,
employees should have their homeowner’s/tenant’s liability policy endorsed to cover bodily injury
and property damage to all third parties arising out of or relating to the business use of their home.
Employees who live in rented property should be aware that their lease may not permit business use
of the premises.
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EMPLOYMENT TERMINATIONS
Voluntary Terminations
An employee who intends to resign should provide four (4) weeks notice, in writing, to the Executive
Director, Legal Manager/Supervisor, Director of Social Work or Office Manager, as appropriate.
Involuntary Terminations
An involuntary termination is defined as follows:
Layoff:
A reduction in the work force, whether permanent, indefinite, or for a stated period.
Discharge:
Which may be for either unsatisfactory performance, violation of policies of CLCNY as
determined by the Executive Director, or other cause, as determined by the Executive
Director.
Matters that may result in employment termination or discharge include, but are not limited to, the
following and are determined at the sole discretion of management:
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Poor job performance
Excessive tardiness
Excessive absences
Appearance of abuse of the Illness Policy
Insubordination
Not complying with established policies and procedures.
Illegal acts
Dishonesty
Falsification of CLCNY files, records, reports, personal records, etc.
Destruction of CLCNY property
Possession of weapons on CLCNY property
Performing unauthorized personal work on CLCNY time
Unauthorized use of CLCNY telephone or equipment for personal use
Misuse or removal from CLCNY property of any confidential records or information
Fighting or provoking a fight at CLCNY offices, court houses or off-site while performing the
functions of your position.
Use or possession of alcohol, drugs or contraband
Sexual harassment
Threatening or intimidating another employee
Immoral or indecent language or conduct
Failure to be fully truthful and forthcoming during an investigation
Abusing property of CLCNY or other employees
Making derogatory statements about CLCNY or other employees
Creating or contributing to unsafe or unsanitary conditions
Indulging in disruptive pranks or horseplay
Causing a serious accident that could have been avoided by use of good judgment or
common sense
Failure to properly or promptly report any accident or incident involving injury and/or property
damage
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•
Any other matter determined solely in the discretion of the Executive Director to be sufficient
justification for termination
This list is intended to be representative of the types of activities that may result in disciplinary
action. It is not exhaustive and does not change the employment-at-will relationship between the
employee and CLCNY.
Any employee whose conduct, actions or performance violates or conflicts with CLCNY’s policies may
be terminated immediately and without warning.
All decisions concerning whether to reprimand, warn or immediately discharge an employee are left
solely to CLCNY. CLCNY reserves the right to terminate an employee for any other matter determined
to be sufficient justification for termination not prohibited by law, without prior warning.
In the event of dismissal for misconduct, all benefits terminate at the end of the month. COBRA may
not be available to anyone dismissed from CLCNY for gross misconduct.
POST RESIGNATION/TERMINATING PROCEDURES
Exit Interview
The Human Resources Manager and supervisor are responsible for scheduling an exit interview with
a terminating employee on the employee’s last day of employment. The Human Resources Manager
(or Designee) will conduct an exit interview and arrange the return of CLCNY property including:
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Picture Identification Card
Office keys
Magnetic Swipe Cards
CLCNY manuals
Any additional CLCNY owned or issued property
Benefits
Employees terminating employment/retiring will receive their benefits as follows:
1) Pay will be granted for annual leave time earned during that calendar year but not yet taken
and will be computed in ½ day increments. (Rounding up or down as necessary.)
2) Medical, Dental and Vision Insurance will cease on the last day of the month in which the
employee terminates employment. In accordance with COBRA law, terminated employees
will choose a waiver or the continuation, at their expense of medical, vision and dental
coverage. Specific information will be mailed within 14 days of the termination date. Life,
Short and Long Term Disability Insurance will cease on the last day worked.
3) Participation in CLCNY’s annuity plans ceases on the employee's last day of work.
Last Day Worked
Pursuant to New York State Labor Law, terminating employees will be notified in writing no later than
5 days after their termination of the exact date of termination and the exact date when employee
benefits end. The effective date of termination is the last day worked. Accrued annual leave days
will not alter the effective termination date.
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Final Paycheck
The final paycheck will be mailed during the next normal pay period. If there are unpaid obligations
to CLCNY, the final paycheck will reflect the appropriate deductions.
REFERENCE INQUIRIES
All reference inquiries from outside persons or organizations regarding current or former employees
must be referred to the Executive Director, Deputy Directors, Directors, Administrative Manager or
Human Resources Manager. All other employees are prohibited from providing references for
present or prior employees.
RE-HIRED EMPLOYEES
As a general rule, CLCNY will not rehire former employees who:
• Were dismissed by CLCNY for a policy violation
• Resigned without meeting CLCNY’s required notice period
• Were dismissed for inability to perform job duties
• Had a poor attendance record
• Had a below-average evaluation
• Violated work rules or safety rules
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ACCRUED PAID TIME OFF BENEFITS
To assist employees with balancing their work and family lives, while also recognizing CLCNY’s need
to ensure adequate services to our clients through proper scheduling, CLCNY provides employees
with a variety of accrued, paid time off benefits.
HOLIDAYS AND FLOATING DAYS
CLCNY recognizes specific holidays during the year and provides paid time off for eligible employees
at those designated times.
Eligibility
Regular full and part-time employees are immediately eligible for paid Holidays.
CLCNY Holidays
The following have been designated by the Executive Director and the Board as holidays:
New Year’s Day
Labor Day
Martin Luther King, Jr. Day
Columbus Day
Lincoln’s Birthday
Election Day
President’s Day
Veterans’ Day
Memorial Day
Thanksgiving Day
Independence Day
Christmas Day
Floating Holidays
Because the courts are closed on Election Day and Lincoln’s Birthday, CLCNY has designated
Election Day and Lincoln’s Birthday as Floating Holidays.
If a full-time or part time employees’ scheduled workday falls on a floating holiday and with prior
notice and their supervisor’s advanced approval, (s)he may be eligible to work on the floating holiday
and use the holiday time on another work day. The floating holiday is accrued as of the “floater”
date worked and it must be used within twelve months from the date it is accrued or the day will be
forfeited.
Procedure
When an employee wishes to use a floating holiday, (s)he must complete and submit a time off
request, using the same guidelines as used with the vacation time request. If the employee is
unable to give the requisite advance notice (minimum of 14 days), the employee must speak with his
or her supervisor to ensure that the request can be accommodated.
Note - The front desk will not automatically be staffed with a receptionist in either Brooklyn or the
Bronx on a floating holiday. Staff scheduling appointments should plan accordingly.
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VACATION
We believe that time away from work to relax and pursue special interests is important to everyone.
When an employee takes scheduled, approved time away from work it typically leads to a well
balanced work and family life.
Eligibility
Regular Full and part-time employees are eligible to accrue paid vacation time one month following
their date of hire.
Vacation Accrual Rates
Full Time Employees:
Employees who work 40 hours or more per week accrue at a
rate of 1.67 days per month (up to 20 days per year);
Part Time Employees:
Employees working less than 40 hours per week will accrue
time according to the following schedule:
32 hours (4/5 time) - 1.33 days/month;
24 hours (3/5 time) - 1.00 days/month; or
20 hours (1/2 time) - .83 days/month
Although new hires begin to accrue vacation time one month following their date of hire, please note
new hires are ineligible to use time off until the 1st of the month following six months of employment
Procedure
All requests for vacation must be submitted to supervisors at least 14 but no more that 90 days prior
to the date the vacation is to commence. All requests will be handled on a first-come/first-served
basis. If multiple requests come in at the same time for the same vacation period, the supervisor
will be looking at performance, seniority and staffing needs. The supervisor will communicate to the
staff member if the request cannot be granted.
Staff should plan and arrange as soon as practical any client coverage needs that may need
attention while they are on vacation. Staff are expected to provide a client coverage list to their
colleagues that have agreed to cover, in addition to their supervisor and the front desk.
Emergency requests
In the event that an emergency situation occurs and proper notice was not given, as per this policy,
employees have been instructed to speak with their supervisor and their supervisor will give their
request serious consideration.
Impact of holidays and illness during vacations
When a holiday falls during a scheduled vacation, it is not counted as a vacation day. Any employee
that becomes ill during a scheduled vacation cannot change a vacation day to a sick day; a
scheduled vacation day counts as vacation, even if an employee would ordinarily take a sick day.
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Vacation Carryover
Employees should utilize all of their allotted vacation time during the calendar year except in special
circumstances such as client, training or court scheduling needs. Employees who do carry over
vacation days in excess of 30 days are required to follow the carryover guidelines that are listed
below. In other words, vacation time not used is not preserved and will be forfeited. Where special
business or personal necessity requires an exception, prior approval must be given by your
supervisor. If circumstances warrant and advanced approval is obtained, an employee will be
eligible to carryover up to two weeks of unused accrued vacation into the following year.
Guidelines for vacation days that are carried over
Any employee, who did not use all his or her accrued vacation days (s)he accrued as of December
31, will be eligible, to carry over all such days into the upcoming year (even if that amount exceeds
the current limit of vacation days). However, an employee’s accrual amount is capped at 30 days
(the “Maximum Accrual Amount”). Employees with accrued vacation days in excess of 30 days must
obtain approval to carryover the excess days from the Executive Director. If, as of January 1, of the
following year, the employee’s accrued vacation exceeds the Maximum Accrual Amount, the
employee will have until March 31, of that year to bring his or her accrued vacation below the
Maximum Accrual Amount, at which point any days over the capped amount will be automatically
forfeited.
Employees who resign or are involuntarily terminated will receive payment for their accrued, unused
vacation time to a maximum of 30 days.
Vacation Pay guidelines for voluntary and involuntary employment terminations
When an employee decides to leave for any reason, their supervisor would like the opportunity to
discuss the resignation before final action is taken. CLCNY often finds during this conversation that
another alternative may be better. If, however, after full consideration the employee decides to
leave, it is requested that the employee provide CLCNY with written advance notice (bear in mind
that vacation days or personal days may not be included in the notice period). CLCNY will only
compensate employees for unused vacation when the employee works throughout the notice period,
and is not terminated for gross misconduct or cause; otherwise, unused vacation will be forfeited. If,
as sometimes happens, the employee’s supervisor wishes for the employee to leave prior to the end
of the employee’s resignation notice, the employee may be paid for the remainder of that period.
Employees leaving CLCNY due to voluntary resignation or retirement will not be eligible to be paid for
their unused vacation days except they provide adequate notice:
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All Staff must provide four (4) weeks advance notice.
PERSONAL DAYS
Personal day(s) are a designated number days set by CLCNY that can be used in full and half day
increments by the employee for doctor’s visits, religious observance, moving, etc.
Personal day(s) are allotted annually in January and must be used within the calendar year. They
cannot be carried over to the next year. Under no circumstances will payment in lieu of time off be
given and personal days not taken when an employee terminates employment will be forfeited.
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Personal Day Accrual Rates
Personal day accrual is determined on length of service at CLCNY.
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One to five years – two days per calendar year.
More than five years – three days per calendar year.
Regular part-time employees will receive a 50% pro-rated benefit.
Eligibility
An employee will be eligible for personal days the first of the month, following his or her first year
anniversary of employment, based on the following:
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Two days if his or her 1st year anniversary date occurs January through June.
One day if his or her 1st year anniversary date occurs July through November.
Procedure
Personal day usage will be recorded by using a Time Off Request Form for approval. It will be kept in
the regular course of business within our Human Resources Department.
Personal days are to be used at the employee’s convenience with their supervisor/manager’s advance
approval. When the timing of the need to use personal days is not foreseeable due to an emergency situation,
the employee must provide CLCNY with notice of the need to use a personal day as soon as practicable (i.e.,
within one business day of learning of the need to use a personal day). Employees will not be paid out upon
termination for accrued, unused personal days.
APPRECIATION DAY
Staff and managers, in appreciation for their hard work, are eligible for an additional day off given at
the discretion of the Executive Director. Although there is no set date on which an Appreciation Day
will be provided, if you become eligible for the day off, it must be scheduled and used by a set date
when announced, or it will be forfeited. Employees will not be paid out upon termination for accrued,
unused Appreciation Days.
BAR PROGRAM
During the summer months, CLCNY will assist regular full-time employees balance personal and
family summer needs with work obligations through the BAR Program. The BAR program will allow
employees to select, with their manager’s approval, a total of three days (Friday afternoons and
Monday mornings) during the summer to leave at 1:30pm or arrive at 11:00am, respectively. The
BAR Day Program period will be determined each year.
OTHER ABSENCES
The smooth flow of work depends on the cooperation and coordination of all employees. The
absence of one person can delay and interfere with the work of others. CLCNY recognizes, however,
that some absences are unavoidable. The following guidelines cover common authorized absences.
JURY DUTY
CLCNY recognizes that jury duty is both mandatory and an obligation of citizenship.
1) Leave of absence for jury duty will be granted to all employees. CLCNY will pay regular
employees the difference between the amounts they receive for jury duty and their straight
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time wage or salary, for up to two weeks of jury service. All jury compensation and related
documentation must be given to the Administrative Manager, who will arrange for jury duty
pay. Payments for transportation costs to and from jury duty are not considered as jury duty
compensation.
2) Employees who receive a notice of jury duty must inform their supervisor as soon as
possible. If the absence of the employee for jury duty will cause an undue hardship to CLCNY
during the period the employee would be away, the supervisor and the employee should
determine what alternate dates would be more convenient for the employee's absence, and
the employee should then request a rescheduling by the court involved.
3) Employees on jury duty must report to CLCNY on those days when an early dismissal permits
them to work. Employees are expected to call the office and speak directly with their
supervisor each day when they are on jury duty to answer any questions which may arise
during their absence.
4) The above does not apply to Grand Jury duty, which will be considered separately.
BEREAVEMENT LEAVE
In the event of the death of a family member, paid leave may be authorized if needed, for memorial
services, affairs related to the death or for travel as follows:
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Up to five days for the employee's current spouse, domestic partner, dependent child or
employee’s parent.
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Up to three days for funeral services in the local area and up to four days out of area for the
employee’s brother or sister, grandparent, brother in-law or sister in-law, spouse’s parent,
grandchild, stepchild, stepfather or stepmother.
If additional time is needed, an employee must first use earned vacation and/or other available PTO.
If PTO is exhausted the employee may take time off without pay (if authorized by CLCNY).
Eligibility
To be eligible for paid bereavement leave, you must be a benefits eligible regular full-time or regular
part-time employee. Benefits eligible regular, part-time employees will receive pro-rata bereavement
leave pay based on their scheduled workweek.
ABSENCE DUE TO ILLNESS
To ensure minimum disruption to our clients and to keep CLCNY and each department running
smoothly and efficiently, it is important that every employee be on the job on time regularly. For this
reason, careful attention is given to promptness, absence record and overall dependability.
CLCNY recognizes, however, that an employee may occasionally be disabled by injury or illness. As a
result, the Absence Due to Illness policy is designed to provide protection to employees against loss
of income during unavoidable illness or injury.
All regular, benefitted employees who are unable to perform their jobs due to illness or injury are
eligible for sick days. Whether an absence qualifies as a paid sick day is at the sole discretion of the
Executive Director.
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Eligibility
• 1st of month following six months of employment.
• No more than two incidents of absence in the first year.
Procedure
To be eligible for sick pay, employees unable to report to work due to illness must telephone their
supervisor directly, each day of their absence, as far in advance as possible, but no later than one
hour before their scheduled arrival time. If their supervisor is not available, the office manager
should be contacted. If an employee is unable to make the call personally, a family member or a
friend should contact the supervisor. The supervisor must be contacted each day of absence.
An employee who fails to contact their immediate supervisor or the office manager may be
considered as having voluntarily resigned. This policy must be followed unless an exception has
been made for a particular absence, and a written memo to this effect has been sent to the Director
of the office.
FAMILY AND MEDICAL LEAVE ACT
The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 work weeks of
unpaid leave for certain family and medical reasons during a 12-month period and/or because of a
“qualifying exigency” arising out of the fact that a family member is a “covered military member”
called to active duty on behalf of the United States. In addition, an eligible employee may be entitled
up to 26 weeks of unpaid FMLA leave to care for certain family members who are “covered service
members” in the US Armed Forces who become seriously injured or ill while on active duty. During
an FMLA leave, an eligible employee is entitled to continue group health plan coverage as if the
employee had continued to work. At the conclusion of the FMLA leave, subject to some exceptions,
an employee has a right to return to the same or to an equivalent position.
A. Employee Eligibility Criteria
To be eligible for FMLA leave, an employee must have been employed by CLCNY:
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for at least 12 months (which need not be consecutive, but employment prior to a
continuous break in service of 7 years or more will not be counted except in certain
circumstances);
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for at least 1250 hours during the 12-month period immediately preceding the
commencement of the leave; and
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at a worksite (a) with 50 or more employees; or (b) where 50 or more employees are located
within 75 miles of the worksite.
B. Events Which May Entitle an Employee to FMLA Leave
FMLA leave may be taken for any one, or for a combination of, the following reasons:
1. the birth of the employee’s child or to care for the newborn child;
2. the placement of a child with the employee for adoption or foster care or to care for the
newly placed child;
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3. to care for the employee’s spouse, child (including a child for whom the employee stands in
loco parentis) or parent (which does not include in-laws but does include persons who stand
in loco parentis) with a serious health condition;
4. the employee’s own serious health condition (including pregnancy-related disability, pre-natal
medical care and childbirth) that makes the employee unable to perform one or more of the
essential functions of his or her job;
5. qualifying exigent circumstances arising out of the fact that the employee’s spouse, son,
daughter or parent is a “covered military member” on active duty or is on call for such duty in
the United States National Guard or Reserves in support of a “contingency operation;”
and/or
6. to care for the employee’s spouse, child, parent or other relative who is next-of-kin, who is
also a “covered service member” of the United States Armed Forces (including a member of
the National Guard or Reserves) with a serious injury or illness incurred in the line of duty on
active duty (a/k/a “military caregiver leave”) that may render the service member medically
unfit to perform his or her duties and for which he or she is undergoing medical treatment,
recuperation or therapy; or is in outplacement status; or is on the temporary disability leave
list.
For purposes of 3 and 4, above, a “serious health condition” is an illness, injury, impairment, or
physical or mental condition that involves either an overnight stay in a medical care facility, or
continuing treatment by a healthcare provider for a condition that either prevents the employee from
performing the functions of the employee’s job, or prevents the qualified family member from
participating in school or other daily activities.
Subject to certain conditions, the “continuing treatment” requirement may be met by a period of
incapacity of more than 3 consecutive full calendar days combined with: (1) at least two visits to a
healthcare provider within 30 days, the first of which must occur within 7 days of the first day of
incapacity; (2) or one visit and a regimen of continuing treatment; (3) or incapacity due to pregnancy;
(4) or incapacity due to a chronic condition. Other treatments may also meet the definition of
continuing treatment.
For purposes of this policy, phrases such as “next of kin”, “covered service member”, “covered
military member”, “eligible family members of covered service members and covered military
members”, and “contingency operation” are terms of art defined in governmental regulations. If you
have any questions as to what these terms mean and/or whether they apply in your circumstances,
please contact the Human Resources Manager.
Leave for “qualifying exigent circumstances” includes: the need to take time off due to (1) the short
notice deployment of a family member (limited to seven or less calendar days prior to the date of
deployment); (2) the need to attend military events and related activities; (3) the need to make
arrangements for childcare and school activities; (4) need to make financial and legal arrangements;
(5) a need for counseling; (6) a family member being released for service for rest and recuperation
(limited to 5 days of leave for each instance up to a maximum of 12 weeks in a 12-month period); (7)
a need to attend post-deployment activities; and (8) additional activities (if agreed upon by the
employer and the employee).
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C. No Limitation on Rights
Nothing in this FMLA policy limits any employee leave rights under CLCNY’s Military Leave Policy, in
accordance with applicable federal or state law. See that Policy or the Human Resources Manager
for further details.
D. How Much FMLA Leave May Be Taken
An eligible employee may take up to 12 workweeks of unpaid leave during a 12 month period for the
FMLA qualifying reasons described in Section B 1-5 above. However, leave to care for a newborn or
for a newly-placed child must conclude within 12 months after the birth or placement of the child.
An eligible employee may be entitled to take up to 26 workweeks of unpaid military caregiver leave
(Section B 6 above). Such leave is available in a single 12-month period commencing on the first
day of leave. Military caregiver leave not used in the 12-month period is forfeited. This leave is to be
applied on a per-covered service member, per-injury basis. Thus, an employee may be entitled to
take more than one period of 26 workweeks of leave during the course of their employment if the
leave is to care for different covered service members or to care for the same service member with a
subsequent injury or illness. During a single 12-month period, the employee may not take more than
a maximum combined total of 26 workweeks of FMLA leave for all purposes, i.e., for any or all of the
reasons described in Section B 1-6. Except for military caregiver leave, FMLA protected leave is still
limited to 12 workweeks for all other qualifying reasons (Sections B1-5).
The 12 Month Period
•
An eligible employee is entitled to up to 12 workweeks of unpaid leave during a 12-month
period for the FMLA qualifying reason(s) in Section B 1-5. The 12-month period for leaves
under B 1-5 is a rolling 12-month period measured backward from the date an employee
uses any FMLA leave.
•
With respect to military caregiver leave to care for a covered service member with a serious
injury or illness, the method for calculating the 12-month period is as follows: the 12-month
period in which an eligible employee may take the FMLA military caregiver leave described in
Section B 6 is calculated on a going forward basis starting with the first day the leave is
taken.
E. Use of Paid and Unpaid Leave
FMLA leave is unpaid leave. However, if an employee has accrued paid leave (e.g., vacation, sick
leave, personal leave), CLCNY will require the employee to substitute any qualifying paid leave.
“Qualifying paid leave” is leave that would otherwise be available to the employee for the purpose for
which the FMLA leave is taken. In order to use paid leave for FMLA leave, the employee must comply
with CLCNY’s normal paid leave policies as outlined in the paid time out section of this handbook.
After exhausting qualifying paid leave, the remainder of the FMLA period, if any, will be unpaid FMLA
leave. Any paid leave used for an FMLA qualifying reason will be charged against an employee’s
entitlement to FMLA leave. The substitution of paid leave for unpaid leave does not extend the 12or 26-workweek leave period. Also, while disability or workers’ compensation leave and benefits can
run concurrently with FMLA leave, the provision for substitution of paid leave is inapplicable.
However, subject to applicable benefits plans and state law requirements, employers and employees
may agree to have paid leave, supplement disability and workers’ compensation benefits on a prorata basis, while on FMLA leave.
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F. Intermittent or Reduced Work Schedule Leave
Intermittent leave is leave taken in separate blocks of time. A reduced work schedule leave is a
schedule that reduces an employee’s usual number of hours per workweek or hours per workday.
• Leave to care for a newborn or for a newly placed child must be taken all at once and
may not be taken intermittently or on a reduced work schedule;
•
Leave due to an employee’s own serious health condition, to care for an employee’s
spouse, child or parent with a serious health condition, or to care for a service member
relative with a serious injury or illness, may be taken all at once or, where medically
necessary, intermittently or on a reduced work schedule;
•
Leave because of a qualifying exigency due to the active duty or impending call to duty of
a spouse, son, daughter or parent may be taken all at once or on an intermittent or
reduced work schedule.
If an employee takes leave intermittently or on a reduced work schedule basis for a planned medical
treatment for his or her own serious illness, the employee must make a reasonable effort to
schedule the treatment so as to accommodate CLCNY’s needs and not disrupt unduly CLCNY’s
operations. When an employee takes intermittent or reduced work schedule leave for foreseeable
planned medical treatment, CLCNY may temporarily transfer the employee to an alternative position
with equivalent pay and benefits for which the employee is qualified and which better
accommodates recurring periods of leave.
G. FMLA Leave Procedure
Employee Requests
After discussing the leave request with their supervisor, an employee should request FMLA leave
by submitting a memorandum to Human Resources and the supervisor/manager requesting a
leave. Within 5 business days (absent extenuating circumstances) of being made aware of the
employee’s need for such leave, CLCNY will provide employee with a Notice of Eligibility and
Rights and Responsibilities Form, along with an appropriate Certification Form to complete and
submit to the Human Resources Department so that your request for FMLA leave can be
evaluated.
•
When leave is foreseeable for childbirth or placement of a child, or for planned medical
treatment due to the serious health condition of an employee or family member or due to
a covered service member’s serious injury or illness, the employee must provide CLCNY
with at least 30 days advance notice, or such shorter notice as is practicable (i.e., the
same day if the employee becomes aware of the need for leave during work hours or the
next business day if the employee becomes aware of the need for leave after work
hours). Where the need for leave was foreseeable but the employee failed to provide 30
days advance notice, the employee may be asked to submit an explanation in writing for
the omission.
•
When leave is foreseeable due to a qualifying exigency arising from a family member’s
call to active duty, the employee must provide as much notice as is practicable (i.e.,
within 1 or 2 business days of learning of the need for the leave), regardless of how far in
advance such leave is foreseeable.
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•
•
When the timing of the leave is not foreseeable, the employee must provide CLCNY with
notice of the need for leave as soon as practicable (i.e., within 1 or 2 business days of
learning of the need for the leave)
An employee must comply with CLCNY’s usual procedures for calling-in and requesting
leave, except when unusual circumstances exist (e.g., when the employee or family
member needs emergency medical treatment).
Notice of Eligibility and Designation of Leave Procedure
•
CLCNY will notify the employee requesting leave whether (s)he is eligible for FMLA leave
(see Notice of Eligibility and Rights and Responsibilities form). If the employee is eligible,
the notice will indicate any additional information required and describe the employee’s
rights and responsibilities. If the employee is not eligible, CLCNY will provide a reason for
the ineligibility.
•
Upon provision of sufficient information, CLCNY will notify the employee that leave has
been designated as FMLA leave and the amount of leave to be counted against the
employee’s leave entitlement (see Designation Notice form). CLCNY will also notify the
employee if the leave is not designated as FMLA leave due to insufficient information or
a non-qualifying reason. CLCNY may provisionally designate the employee’s leave, at the
outset, as FMLA leave, subject to submission of sufficient information. If the employee
has not notified CLCNY of the reason for the leave, and the employee desires that leave
be counted as FMLA leave, the employee must notify Human Resources immediately of
the employee’s return to work that the leave was for an FMLA reason.
H. Required Certifications
An employee will be required to submit a Certification Form from a healthcare provider to support a
request for FMLA leave for the employee’s or a family member’s serious health condition, or for a
service member relative’s serious injury or illness. Similarly, where leave is requested because of
exigent circumstances arising from the employee’s spouse, son, daughter or parent’s call to active
duty in support of a contingency operation, the employee will need to submit a completed
Certification Form. Medical Certification and Exigent Circumstances Forms are available from the
Human Resources Manager. Employees have 15 days from receipt to return the Certification Form
to the Human Resources Manager. It is the employee’s obligation to have their healthcare provider
provide sufficient information for CLCNY to determine if the leave may qualify for FMLA protection
and the anticipated timing and duration of the leave. Following review of the FMLA-leave request by
the Human Resources Manager a Designation Notice will be issued and, among other things, will
indicate that a Fitness for Duty Certification will be required for the employee’s release to work
including an assessment of the employee’s ability to perform essential job functions.
If the Medical Certification or Exigent Circumstances Leave Form is incomplete, ambiguous, or
insufficient, CLCNY will advise the employee in writing as to what additional information is needed
and will give the employee additional time (not less than seven calendar days) to complete and
return the form. If the employee notifies us within the 7-day calendar period that, despite diligent,
good faith efforts on their part, (s)he was unable to obtain the additional information, the employee
will be afforded a reasonable period of additional time to resubmit the Certification.
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Recertifications and Updates
CLCNY may require the employee to submit subsequent recertifications depending on the
duration stated in the Certification, but not more frequently than every 30 days, except under
certain circumstances provided by law. CLCNY may also request a recertification of a medical
condition every six months in connection with an absence by the employee due his or her own
serious health condition or the serious health condition of a covered family member. Annual
certifications of medical conditions may also be required in accordance with the law.
During FMLA leave, the employee must provide CLCNY with periodic reports regarding the
employee’s status and intent to return to work. If the employee’s anticipated return to work date
changes and it becomes necessary for the employee to take more or less leave than originally
anticipated, the employee must provide CLCNY with reasonable notice (i.e., within 2 business
days) of the employee’s changed circumstances and new return to work date. If the employee
gives CLCNY notice of the employee’s intent not to return to work, the employee will be
considered to have voluntarily resigned.
Contacting Employee’s Healthcare Provider
CLCNY’s Human Resources Department may contact an employee’s healthcare provider directly
to get clarification and authentication of a medical certification. If an employee chooses not to
provide CLCNY with a HIPAA-authorized release allowing CLCNY to clarify the Certification with
their healthcare provider, and the employee does not otherwise clarify the Certification, the
Employer may deny FMLA leave if the Certification is unclear. In addition, CLCNY may require the
employee to obtain a second opinion by an independent CLCNY-designated provider at CLCNY’s
expense. If the initial and second Certifications differ, CLCNY may, at its expense, require the
employee to obtain a third, final and binding Certification from a jointly selected healthcare
provider.
CLCNY reserves the right to obtain other documentation in accordance with law to substantiate
an employee’s request for leave.
Fitness for Duty Certifications
Before the employee returns to work from FMLA leave for the employee’s own serious health
condition, the employee will be required to submit a fitness for duty certification from the
employee’s healthcare provider, with respect to the condition for which the leave was taken,
stating that the employee is able to resume work and addressing the employee’s ability to
perform the essential functions of the job.
An employee’s failure to comply with CLCNY’s leave policies/procedures, including those related to
FMLA leave requests, can result in the delay or denial of the employee’s request for leave,
including FMLA leave, and may subject the employee to discipline up to and including discharge in
conformity with CLCNY’s policies and practices.
I.
Maintenance of Health Benefits DURING FMLA LEAVE
During FMLA leave, an employee is entitled to continued group health plan coverage under the same
conditions as if the employee had continued to work.
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To the extent that an employee’s FMLA leave is paid, the employee’s portion of health insurance
premiums will be deducted from the employee’s salary. For the portion of FMLA leave that is unpaid,
the employee’s portion of health insurance premiums may be paid in accordance with CLCNY’s rules
for leave without pay; and/or as agreed to by CLCNY and the employee.
If the employee’s payment of health insurance premiums is more than 30 days late, CLCNY may
discontinue health insurance coverage upon notice to the employee.
An employee will not lose any benefits accrued prior to taking FMLA leave.
J.
Return from FMLA Leave
Upon return from FMLA leave, CLCNY will place the employee in the same position the employee
held before the leave or an equivalent position with equivalent pay, benefits and other employment
terms.
Limitations on Reinstatement
An employee is entitled to reinstatement only if (s)he would have continued to be employed had
FMLA leave not been taken. Thus, an employee is not entitled to reinstatement if, because of a
layoff, reduction in force or other reason, the employee would not be employed at the time job
restoration is sought.
CLCNY reserves the right to deny reinstatement to salaried, eligible employees who are among
the highest paid 10 percent of CLCNY’s employees employed within 75 miles of the worksite
(“key employees”) if such denial is necessary to prevent substantial and grievous economic
injury to CLCNY’s operations.
K. Failure to Return To Work Following FMLA Leave
If the employee does not return to work following the conclusion of FMLA leave, and does not
request a leave extension and/or fails to satisfy CLCNY’s requirements for an extension of leave, the
employee will be considered to have voluntarily resigned. CLCNY may recover health insurance
premiums that CLCNY paid on behalf of the employee during any unpaid FMLA leave except that
CLCNY’s share of such premiums may not be recovered if the employee fails to return to work
because of: (i) the employee’s or a family member’s serious health condition; (ii) a service member
relative’s serious injury or illness; or (iii) other circumstances beyond the employee’s control. In such
cases, CLCNY may require the employee to provide medical Certification of the employee’s, or the
family member’s, serious health condition, or the service member relative’s serious injury or illness,
or of the other circumstances.
L. Employee Rights/Enforcement
Any employee who feels his or her rights to FMLA leave have been improperly denied, restrained,
violated or interfered with in any way may lodge a complaint with the Human Resources Manager.
CLCNY will investigate and take appropriate remedial action. An employee may also file a complaint
with the US Department of Labor (www.wagehourdol.gov; 1-866-487-9243, TTY: 1-877-889-5267) or
file a private legal action. Discrimination and retaliation against employees who exercise rights
under the FMLA and this policy will not be tolerated and use of FMLA leave will not affect an
employee’s rights under any other law, policy, contract or collective bargaining agreement.
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M. Additional Information
For further information or clarification about FMLA leave, please contact the Human Resources
Manager.
LEAVE OF ABSENCE WITHOUT PAY
Should a situation arise that temporarily prevents an employee from working, (s)he may be eligible
for a personal Leave of Absence without pay. However, employees must be employed for at least 36
months prior to the requested leave.
Any request for a leave of absence without pay must be submitted in writing as far in advance as
possible and it will be reviewed on a case-by-case basis by the employee’s supervisor/manager and
the Human Resources Manager. The decision to approve or disapprove is based on the
circumstances, the length of time requested, the employee’s job performance and attendance and
punctuality record, the reasons for the leave, the effect the employee’s absence will have on the
work in the department and the expectation that the employee will return to work when the leave
expires
Leaves of absence will be considered only after all vacation and personal time have been exhausted.
The duration of a leave of absence, if granted, is according to the following schedule:
Length of Service
Allowable Leave of Absence
(number of months without pay)
Up to 1 year
3 + years
Continuing Benefit Plan Coverage
While on a personal unpaid leave of absence employee’s medical coverage will end as of the 1st day
of the month following the start of such leave. Employees will have the opportunity of continuing
their benefits for a maximum period of 18 months by paying the full monthly premiums as required
by COBRA legislation.
Unemployment Insurance benefits cannot be collected while on a leave of absence without pay.
Salary Action
Any planned salary increase for an employee returning from an unpaid leave of absence without pay
will be deferred by the length of the leave.
Vacation and Personal Time
During the calendar year that an employee takes a leave of absence without pay, the employee will
not accrue any benefit time. Unused vacation and personal days must be used before an unpaid
leave of absence without pay will be granted.
Performance Appraisal
The normal performance appraisal date of an employee on an unpaid leave of absence without pay
will be extended by the length of the leave.
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Returning/Not Returning From a Leave
Due to the nature of our business, CLCNY cannot guarantee either that an employee’s job will remain
available or that a comparable position will exist when return from an unpaid leave is sought. When
an employee is ready to return from a leave of absence without pay, CLCNY will attempt to reinstate
the employee to their former position or to one with similar responsibilities.
If the position or a similar position is not available, CLCNY will search for a suitable position for 30
days from the date the unpaid leave was to officially end. The employee will not be paid for this time.
If the employee has not been placed by the end of this period, their employment will be terminated.
An employee who returns to work following an unpaid leave will be considered as having continuous
service. If an employee does not return from an unpaid leave of absence without pay, the
employment termination date is the last day of the authorized leave period or the date the employee
notifies their supervisor/manager (s)he is not returning, whichever is sooner. Such employees may
be considered for reemployment.
PREGNANCY DISABILITY LEAVE
CLCNY offers employees up to eight (8) weeks of pregnancy disability leave. In addition, and in
accordance with applicable state, federal and local laws, employees are eligible for pregnancy
disability leave for health reasons resulting from pregnancy. Any FMLA or short-term disability leave
to which an employee may be entitled runs concurrently with time off granted under this policy.
An employee planning on taking pregnancy disability leave must provide CLCNY with written notice of
at least 45 days in advance of the anticipated delivery or placement for adoption, stating the dates
during which the employee intends to take maternity leave/pregnancy disability leave. A pregnant
employee is not required to take pregnancy disability leave until her doctor certifies that she is
unable to work. Pregnancy disability leave is paid leave provided through our Short-Term Disability
plan (STD).
CHILDCARE LEAVE: PRIMARY AND NON-PRIMARY CAREGIVER
In addition to any pregnancy disability leave taken, CLCNY offers up to four (4) weeks of unpaid
childcare leave to any of its employees who will be the primary caregiver of a child. Under this policy,
you are eligible for primary caregiver childcare leave following the birth, adoption or foster care
placement of a child, subject to the business needs of CLCNY and its clients, provided that you: (i)
are the full-time primary care parent during the period of the leave and (ii) have been employed by
CLCNY for 12 months or more when the childcare leave period begins. Being a primary caregiver
means having primary responsibility for the full-time care of a child immediately following the birth,
adoption or foster care placement of the child. Primary caregiver childcare leave may not be taken
intermittently. It is in addition to any short-term disability absence due to pregnancy or childbirth,
and runs concurrently with any available unpaid leave under the Family and Medical Leave Act
(“FMLA”) or similar state laws. The term “child” for the purposes of this policy is meant to include
twins, triplets, etc.
In addition, CLCNY offers up to two (2) weeks unpaid childcare leave to any of its employees who will
be the non-primary caregiver of a child. You are eligible for non-primary childcare leave at following
the birth, adoption or foster care placement of a child, subject to the business needs of CLCNY and
its clients, provided that you have been employed by CLCNY for 12 months or more when the
childcare leave period beings. You need not be a primary caregiver to utilize this leave.
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In all cases, childcare leave must be utilized within 12 months after the birth of a child. If not utilized,
it will be forfeited. Childcare leave does not extend the period of leave available under CLCNY’s
FMLA policy or under the FMLA or similar state laws.
In addition to the above-described leave, you may request additional leave without pay and/or utilize
any accrued unused vacation time after any period of approved childcare leave, subject to the
approval of your supervisor and the business needs of CLCNY. In the case of vacation time, such
time also would run concurrently with any available unpaid leave under CLCNY’s FMLA policy or
otherwise available under the FMLA or similar state laws and does not extend any leave available
under the FMLA or similar state laws.
During any childcare leave period, you will continue to receive all employee benefits previously
provided on the same terms and conditions as other employees as they exist from time to time and
will be eligible for salary increases and bonuses, which may in some circumstances be pro-rated in
accordance with law.
To the extent you take short-term disability leave (for pregnancy related disabilities or otherwise), you
may be eligible to receive pay during such leave, pursuant to CLCNY’s short-term disability policy.
For more information about childcare leave, FMLA, short-term disability, and/or other leave options,
please contact the Human Resources Manager.
MILITARY LEAVE OF ABSENCE
A leave of absence without pay for military or reserve duty is granted to full-time and part-time
employees. If you are called to active military duty, reserve duty, National Guard training, or if you
volunteer for the same, you should submit copies of your military orders to your supervisor as soon
as is practicable. You will be granted a military leave of absence without pay for the period of military
service in accordance with applicable federal and state laws. If you are a reservist or a member of
the National Guard, you are granted time off without pay for required military training. Your eligibility
for reinstatement after your military duty or training is determined in accordance with applicable
federal and state laws.
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HEALTH INSURANCE, DENTAL INSURANCE AND OTHER EMPLOYEE BENEFITS
Disclaimer
CLCNY has established a variety of employee benefit programs designed to assist you and your
eligible dependents in meeting the financial burdens that can result from illness and disability, and
to help you plan for retirement. This portion of the Employee Handbook contains a very general
description of the benefits to which you may be entitled as an employee of CLCNY. Please
understand that this general explanation is not intended to, and does not, provide you with all the
details of these benefits. Therefore, this Handbook does not change or otherwise interpret the terms
of the official plan documents. Your rights can be determined only by referring to the full text of the
official plan documents, which are available for your examination from the Human Resources
Department. To the extent that any of the information contained in this Handbook is inconsistent
with the official plan documents, the provisions of the official plan documents will govern in all
cases.
Please note that nothing contained in the general benefit descriptions described herein shall be held
or construed to create a promise of employment or future benefits, or a binding contract between
CLCNY and its employees, retirees or their dependents, for benefits or for any other purpose. All
employees shall remain subject to discharge or discipline to the same extent as if these plans had
not been put into effect.
As in the past, CLCNY reserves the right, in its sole and absolute discretion, to amend, modify or
terminate, in whole or in part, any or all of the provisions of the benefit plans described herein,
including any health benefits that may be extended to retirees and their dependents. Further,
CLCNY reserves the exclusive right, power and authority, in its sole and absolute discretion, to
administer, apply and interpret the benefit plans described herein, and to decide all matters arising
in connection with the operation or administration of such plans.
For more complete information regarding any of our benefit programs, please refer to the Summary
Plan Descriptions, which were provided to you separately or contact the Human Resources Manager
for a copy of those descriptions.
MEDICAL PLANS
Employees who work 21 hours or more per week are eligible to participate in a Medical Insurance
Plan on the first day of the month following their date of hire. CLCNY currently offers coverage
through Oxford Health Plans. Employees may choose the Oxford Freedom Access, Network or HSA
Plan.
Medical Plan Premiums are an employee and CLCNY shared cost.
DENTAL AND VISION PLAN
Employees that work 21 hours or more per week are eligible to participate in the Dental and Vision
Plan on the first day of the month following their date of hire. CLCNY currently offers coverage
through The Guardian Insurance Company of America.
DEPENDENT COVERAGE
CLCNY offers medical, dental and vision coverage to employee dependents. A dependent is defined
as a child, spouse or domestic partner of the employee. To obtain coverage for a domestic partner
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an Affidavit of Domestic Partnership must be obtained from the Human Resources Manager and
completed in order to verify the criteria are met.
FLEXIBLE SPENDING ACCOUNT (FSA)
As part of CLCNY’s benefit package, CLCNY offers an employee-funded Flexible Spending Account
(FSA). FSA participants may elect and/or change the annual amount of flexible dollars (which will be
deducted pro rata on a pre-tax basis from each paycheck) to pay for eligible dependent care or
health care expenses — generally, expenses qualifying under IRC Sec. 213 (with some exceptions)
incurred during the plan (calendar) year that are not reimbursable from any other source. The
maximum amount an employee will be allowed to set aside for the dependent care or health plan
reimbursement account is determined by CLCNY. For further information on this program, please
contact the Human Resources Manager.
Note: According to IRS regulations, if eligible dependent care, medical or dental expenses that you
incur during the calendar year are less than your elected annual amount of FSA dollars for that year,
you must forfeit the balance.
HEALTH SAVINGS ACCOUNTS
Employees participating in the HSA medical insurance program can elect to establish a health
savings high deductible savings account. CLCNY will take deductions (amounts determined by the
employee), and make contributions into the employee HSA account affiliated with CLCNY.
401(K) PLAN
Regular employees who work more than 1,000 hours, are eligible to enroll in CLCNY’s 401(k) Plan on
the first of the month following their first year anniversary of employment.
After one year in which the employee completes a minimum of 1,000 hours of service, CLCNY will
make a contribution equivalent to 5% of employee's annual pay to that participant’s Employer
Contribution Account, in addition, at that time the participant may begin voluntary contributions to an
Employee Contribution Account through automatic payroll deductions, to a current annual maximum
as allowed by law.
Employees will be fully vested in the 401(k) plan after two years of eligibility in the plan. An
employee who leaves CLCNY prior to completion of the two-year vesting period will forfeit the amount
within his or her Employer Contribution Account. The employee will retain the amount in his or her
Employee Contribution Account.
403(B) PLAN
Regular employees who are scheduled to work more than 1,000 hours are eligible to participate in
CLCNY’s 403(b) Plan on the first day of employment with pre-tax contributions. There is no CLCNY
contribution to the 403(b) Plan.
Enrollment forms and Fund information can be obtained from the Human Resources Manager.
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LIFE, ACCIDENTAL DEATH AND DISMEMBERMENT AND SHORT AND LONG-TERM DISABILITY PLANS
Employees that work 21 hours or more per week are eligible to enroll in these plans on the first day
of the month following their date of hire. CLCNY currently pays 100% of the cost of life, accidental
death and dismemberment, and short and long-term disability coverage.
SHORT TERM DISABILITY
1
CLCNY’s short-term disability plan is a benefit that provides partial pay for regular employees who
are unable to work due to non-work related illness, injury, or disability, after an absence of more than
seven consecutive calendar days. The payment is 60% of base salary up to a maximum of $5,000
per month.
Benefits begin on the eighth day of disability and continue for related absences up to a maximum of
ninety days. If the employee returns to work and the disability recurs within 90 days, the employee
does not have to wait the 7 days; disability benefits will begin immediately. The amount of time
remaining would depend on the amount of time that had already been used for the original claim.
A disability claim form, which can be obtained from the Human Resources Manager, must be filed
with the Human Resources Manager within 30 days after becoming disabled. A short-term disability
leave must be certified by a physician’s or licensed health care professional’s statement identifying
the nature of the disability, and stating or estimating the date when the employee will be able to
return to work. If the employee cannot return on that date, another statement from a physician or
licensed health care professional, with a new return date, will be required. Employees will not be
able to return to work without submitting to the Human Resources Manager a note from a physician
or licensed health care professional authorizing the employee’s return.
An employee may be required to submit medical certification from a health care provider to support
a request for a leave for the employee’s serious health condition. If CLCNY has reason to doubt the
employee’s initial certification, CLCNY may: (a) with the employee’s permission, have a designated
health care provider contact the employee’s health care provider in an effort to clarify or
authenticate the initial certification; and/or (b) require the employee to obtain a second opinion by
an independent CLCNY-designated provider at CLCNY’s expense. If the initial and second
certifications differ, CLCNY may, at its expense, require the employee to obtain a third, final and
binding certification from a jointly selected health care provider.
CLCNY will attempt to return an employee who is returning from a short-term disability leave to the
same or similar job, at the same salary that the employee held prior to the leave. Under some
circumstances, however, permanent replacement during a leave may be required, or in some
instances, staffing requirements may change. Therefore, unless an employee is entitled to return to
the same or an equivalent position under the Family and Medical Leave Act, a job cannot be
guaranteed when the employee is ready to return to work from a short-term disability leave. In the
1
Disability will be handled in the following manner:
-
-
Full salary and benefits will be provided for the first 7 consecutive days of absence.
The employee may then apply for short-term disability insurance which provides 60% of salary for
disabilities covered by the carrier for a period of up to 90 days. In those cases in which the employee
qualifies for short term disability, CLCNY will pay the employee 40% of salary until the employee has
been absent due to illness for a consecutive period of 4 weeks, commencing day one of the absence.
After the first 4 weeks, the employee will continue to receive insurance payment of 60% of salary for
disabilities covered by the carrier up to a maximum of $1,385 per week.
After 90 days, the employee may apply for long-term disability insurance payment of 60% of salary for
disabilities covered by the carrier up to a maximum of $6,000/mo.
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event the employee is not entitled to return to the same or an equivalent position under the Family
and Medical Leave Act and a position is not available, or if the employee chooses not to return to
work, upon the expiration of the disability leave, the employee will be terminated. If an employee
does not return from a short-term disability leave, the termination date is the last day that the
employee was authorized to return, or the date the employee notifies their supervisor that (s)he is
not returning, whichever is sooner. Such employees may be considered for reemployment.
An employee who returns to work following a short-term disability leave will be considered as having
continuous service.
LONG TERM DISABILITY BENEFITS
CLCNY provides long-term disability coverage for a disability that is non-work related and that
extends for a period greater than 90 days. Coverage begins after 90 days when the employee has
met the insurance carrier’s requirements for coverage. The payment is 60% of base salary up to a
maximum of $5,000 per month. If you are not able to perform comparable work and remain
permanently unable to do so, the coverage continues until 65 years of age. The insurance company
will require periodic reports to confirm your condition from your doctor.
WORKERS’ COMPENSATION BENEFITS
CLCNY is covered under statutory state Workers’ Compensation Laws. Should you sustain a workrelated injury, you must immediately notify your supervisor. Should your injury require the attention
of a doctor, you can obtain a list of approved physicians by calling our Workers’ Compensation
Carrier’s Physician Network Referral Unit. Human Resources Manager will give you the Referral
Unit’s telephone number. In the case of an emergency, you should go to the nearest hospital
emergency room for treatment and then utilize the Network Referral Unit if additional treatment is
necessary.
NEW YORK STATE UNEMPLOYMENT INSURANCE AND FEDERAL SOCIAL SECURITY PROGRAMS
Employees are provided with all of these statutory coverages.
PRE-TAX COMMUTER PAYROLL DEDUCTIONS
All regular employees may participate in TransitChek which will lower your overall commuting costs,
including parking and mass transportation, by making pre-tax deductions from your pay check.
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The Children’s Law Center New York – 2012 Employee Handbook
HANDBOOK TOPICS ALPHABETICALLY
401 (k) Plan
403 (b) Plan
Absence Due to Illness
Accidents and Emergencies
Appreciation Day
Attendance and Reimbursement of Conference Fees
Bereavement Leave
Blogging and Other Public Internet Communications
Childcare Leave: Primary and Non-Primary Caregiver
CLCNY Resources
Client Confidentiality
Conflict of Interest
Definitions of Harassment
Dental Insurance
Dependent Coverage
Disability Accommodation Policy
Diversity
Drug and Alcohol Abuse
Electronic Communication
Email Signature Standards
Emergency Office Closing
Employee Categories
Employee Classifications
Employee Identification Cards
Employment Application
Employment Practices
Employment Terminations
Equal Employment
Equal Employment Opportunity Statement
Family and Medical Leave Act Leave of Absence (FMLA)
Flexible Spending Accounts
Gifts
Handbook Acknowledgment and Receipt
Handbook Topics Alphabetically
Health Insurance, Dental Insurance and Other Employee Benefits
Hiring of Relatives and Members of the Same Household
Holidays and Floating Holidays
Hours, Work Week and Overtime
Initial Employment Period
Inquiries Concerning Reappointment of Judges
Internal Complaint Procedures
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36
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14
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6
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8
11
17
22
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24
24
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30
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8
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The Children’s Law Center New York – 2012 Employee Handbook
HANDBOOK TOPICS ALPHABETICALLY (CONT’D)
Internet Communications
Internet Use Policies
Jury Duty
Leave of Absence Without Pay
Life, Accidental Death and Dismemberment and
Short and Long-Term Disability Plans
Long Term Disability
Medical Plans
Military Leave of Absence
New Employee Orientation (NEO)
No Smoking
Non Discrimination and Anti-Harassment
Office Security
Other Absences
Our Client Values
Our Expectations
Our Mission
Our Team
Paid Time Off Benefits
Pay Practices
Personal Appearance and Dress Code
Personal Calls, Visits and Affairs
Personal Days
Political and Charitable Contributions and Activities
Post Resignation/Termination Procedures
Pregnancy Disability Leave
Pretax Commuter Benefit - TransitChek
Public Statements of CLCNY or Statements to The Media
on Behalf of CLCNY on Legislation and Other Issues
Reference Inquiries
Re-Hired Employees
Reimbursable Expenses
Security
Short Term Disability
Solicitations, Distributions and Use of Bulletin Boards
Telecommuting
Use of Laptops, iPod Touch and Other Mobile Devices
Vacation
Vision Insurance
Welcome and Handbook Introduction
What We Do
Worker’s Compensation
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8
12
36
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4
4
5
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The Children’s Law Center New York – 2012 Employee Handbook
ACKNOWLEDGMENT AND RECEIPT
2012 Employee Handbook
The Children’s Law Center New York
44 Court Street, 11th Floor
Brooklyn, NY 11201
EMPLOYEE ACKNOWLEDGMENT:
I acknowledge receipt of The Children’s Law Center New York Employee Handbook and
understand it is my responsibility to read and understand the policies outlined in this
handbook.
I agree that if there is any policy or provision in the Handbook that I do not understand, I will
seek clarification from the Human Resources Department or my supervisor. I understand
that CLCNY is an "at will" employer and as such employment with CLCNY is not for a fixed
term or definite period and may be terminated at the will of either party, with or without
cause, and without prior notice. No supervisor or other representative of CLCNY (except the
Executive Director) has the authority to enter into any agreement for employment for any
specified period of time, or to make any agreement contrary to the above.
In addition, I understand that this Handbook states CLCNY’s policies and practices in effect
on the date of publication. I understand that nothing contained in the Handbook may be
construed as creating a promise of future benefits or a binding contract with CLCNY for
benefits or for any other purpose. I also understand that these policies and procedures are
continually evaluated and may be amended, modified or terminated at any time.
Please sign and date this receipt and return it to the Human Resources Department by April
13, 2012.
NAME:
__________________________________
EMPLOYEE SIGNATURE:
__________________________________
DATE:
__________________________________
DEPARTMENT:
__________________________________
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