Welcome To Learning ARTS!

Transcription

1 EMPLOYEE HANDBOOK

2 Welcome To Learning ARTS! Helping children who have been diagnosed with autism is likely to be one of the most challenging jobs you ever have, it is also going to be one of the most rewarding. You will get to see, first hand, how the work that you do can help a developmentally delayed child reach a potential beyond anyone s expectations. I founded Learning ARTS in 1997 after working with a three year old boy named Jacob. Jacob was non verbal and engaged in regular self injurious head bashing behavior. With the one on one intervention we provided to Jacob in his home he was later transitioned in to a regular education kindergarten with little support. Today, Jacob has graduated from a regular education high school where he was an active member of the high school drama department. You re now part of a team whose job, whose business, is helping children with disabilities and their families. The work that you do with us will change lives. Thank you for choosing to be a part of the Learning ARTS team. Thank you for making a difference. Dr. William Brandon, Ph.D., BCBA Chief Executive Officer

3 Table of Contents Section 1: The Way We Work... 2 A Word about This Handbook... 2 Equal Employment Opportunity... 2 Americans with Disabilities Act... 3 Life Threatening Illnesses... 3 A Word about Our Employee Relations Philosophy... 3 Non Harassment... 4 Sexual Harassment... 4 Categories of Employment... 5 Immigration Reform and Control Act... 6 New Employee Orientation... 6 Your Human Resources Department... 6 Talk To Us... 7 Section 2: Your Pay and Progress... 8 Employee Timesheets... 8 Payday... 8 Paycheck Deductions... 8 Garnishment/Child Support... 9 Direct Deposit... 9 Performance Reviews... 9 Pay Raises Pay Advances Overtime Reporting Time Pay Section 3: Time Away From Work and Other Benefits Employee Benefits Jury Duty Voting Leave Military Leave Witness Leave School Visitation Leave Bereavement Leave Leave Of Absence Domestic Violence Leave Victims of Felony Crimes Leave Holidays Paid Time off (PTO) Medical and Dental Insurance COBRA Section 125 Plans... 17

4 Federal Family and Medical Leave Act Medical Certification for a Serious Health Condition Tracking Your Leave Reporting While on Leave Returning To Work No Work While On Leave State and Local Family and Medical Leave Laws Family Leave Insurance Pregnancy Disability Leave California Family Rights Act Local Family and Medical Leave Laws Notice to Employer of Leave Leave Is Unpaid Medical and Other Benefits Exemption for Highly-Compensated Employees Intermittent and Reduced Schedule Leave At The End of Your Leave Rehabilitation Leave Social Security Unemployment Insurance Workers Compensation Individual Retirement Account (IRA) Educational Assistance Plan Tuition Loan Plan Section 4: On the Job Employee Grievance Procedure Attendance and Punctuality Confidentiality of Patient Matters Discussions with Patients Care of Patient Records Business Hours Working Hours Meal Time Waiver of Meal Period On Duty Meal Period Breaks Lactation Breaks On The Job Training Standards of Conduct Access to Personnel Files Patient and Public Relations Solicitation and Distribution Changes in Personal Data Care of Equipment... 31

5 Patient Records Shift Cancellation - Patient No Show or Parent/Guardian Absence Shift Cancellation - Employee Illness Shift Scheduling For Part-Time Hourly Employees Split Shifts Travel To Work For Hourly Employees-Excessive Drive Time Travel Between Patient Locations for Hourly Employees-Drive Time Severe Weather Travel Reimbursement Hourly Employees Travel/Expense Accounts Company Credit Card Use Credit Card Statement Processing Procedure: Credit Card Use: Processing Procedure: Personal Property Identification Badges Signing In And Out Personal Telephone Calls Employee Usage Voice Mail Monitoring Internet Usage Dress Policy Administrative Staff Field Staff Behavior Technicians Personal Hygiene Reference Checks Protecting Company Information Conflict Of Interest / Code of Ethics Employee Client / Patient Relationships Summary of HIPAA Privacy and Security Rules Contact with the Media New Employee Referral Bonus Lunch Room Cell Phones If You Must Leave Us Section 5: Safety in the Workplace Each Employee's Responsibility Blood borne Pathogens Exposure Control Fire Drills Workplace Violence Workplace Searches Hazard Communication Good Housekeeping Smoking in the Workplace... 48

6 Concealed Weapons In An Emergency Substance Abuse Receipt of Employee Handbook and Employment-At-Will Statement LIST OF APPENDIXES Learning ARTS Educational Assistance Plan Appendix A Learning ARTS Tuition Loan Plan.Appendix B BACA Guideline for Responsible Conduct for Beh. Analyst Appendix C US Department HHS OCR, Section 164, pp Appendix D

7 Section 1: The Way We Work A Word about This Handbook This Employee Handbook contains information about the employment policies and practices of the Company. We expect each employee to read this Employee Handbook carefully, as it is a valuable reference for understanding your job and the Company. The policies outlined in this Employee Handbook should be regarded as management guidelines only, which in a developing business will require changes from time to time. The Company retains the right to make decisions involving employment as needed in order to conduct its work in a manner that is beneficial to the employees and the Company. This Employee Handbook supersedes and replaces any and all prior Employee Handbooks and any inconsistent verbal or written policy statements. Except for the policy of at-will employment, which can only be changed by the president of the Company in a signed written contract, the Company reserves the right to revise, delete and add to the provisions of this Employee Handbook at any time without further notice. All such revisions, deletions or additions to the Employee Handbook must be in writing and must be signed by the president of the Company. No oral statements or representations can change the provisions of this Employee Handbook. The provisions of this Employee Handbook are not intended to create contractual obligations with respect to any matters it covers. Nor is this Employee Handbook intended to create a contract guaranteeing that you will be employed for any specific time period. OUR COMPANY IS AN AT-WILL EMPLOYER. THIS MEANS THAT REGARDLESS OF ANY PROVISION IN THIS EMPLOYEE HANDBOOK, EITHER YOU OR THE COMPANY MAY TERMINATE THE EMPLOYMENT RELATIONSHIP AT ANY TIME, FOR ANY REASON, WITH OR WITHOUT CAUSE OR NOTICE. NOTHING IN THIS EMPLOYEE HANDBOOK OR IN ANY DOCUMENT OR STATEMENT, WRITTEN OR ORAL, SHALL LIMIT THE RIGHT TO TERMINATE EMPLOYMENT AT-WILL. NO OFFICER, EMPLOYEE OR REPRESENTATIVE OF THE COMPANY IS AUTHORIZED TO ENTER INTO AN AGREEMENT EXPRESS OR IMPLIED WITH ANY EMPLOYEE FOR EMPLOYMENT FOR A SPECIFIED PERIOD OF TIME UNLESS SUCH AN AGREEMENT IS IN A WRITTEN CONTRACT SIGNED BY THE PRESIDENT OF THE COMPANY. This Employee Handbook refers to current benefit plans maintained by the Company. Refer to the actual plan documents and summary plan descriptions if you have specific questions regarding the benefit plan. Those documents are controlling. Likewise, if a written contract is inconsistent with the Employee Handbook, the written contract is controlling. Equal Employment Opportunity Our company is committed to equal employment opportunity. We will not discriminate against employees or applicants for employment on any legally recognized basis including, but not limited to: veteran status, uniform service member status, race, color, religion, sex, national origin, age and physical or mental disability. 2

8 In addition, race; religious creed; color; national origin; ancestry; physical disability; mental disability; medical condition, including genetic characteristics; marital status; sex; pregnancy, childbirth or related medical conditions; actual or perceived gender; gender identity; sexual orientation and age [40 or over] are protected classes in California. You may discuss equal employment opportunity related questions with your human resource manager or any other member of management. Americans with Disabilities Act Our company is committed to providing equal employment opportunities to otherwise qualified individuals with disabilities, which may include providing reasonable accommodation where appropriate. In general, it is your responsibility to notify your human resource manager of the need for accommodation. Upon doing so, your human resource manager may ask you for your input or the type of accommodation you believe may be necessary or the functional limitations caused by your disability. Also, when appropriate, we may need your permission to obtain additional information from your physician or other medical or rehabilitation professionals. Life Threatening Illnesses Employees occasionally develop serious or life threatening illnesses. The company is committed to supporting such employees' efforts to continue their normal pursuits, including working. When necessary and where required by law, the Company will provide reasonable accommodations to otherwise qualified individuals with disabilities, including employees with serious or life threatening illnesses. All employees, including employees with serious or life threatening illnesses, must maintain acceptable performance standards. An employee's medical information is confidential. Disclosure of employee medical information is restricted to limited situations where a manager or supervisor has a job-related reason to know it. Employees who disclose employee medical information without proper authorization will be subject to disciplinary action, up to and including discharge. Employees with questions or concerns about life threatening illnesses are encouraged to contact your human resource manager for information and referral to appropriate services and resources. A Word about Our Employee Relations Philosophy We are committed to providing the best possible climate for maximum development and goal achievement for all employees. Our practice is to treat each employee as an individual. We seek to develop a spirit of teamwork; individuals working together to attain a common goal. In order to maintain an atmosphere where these goals can be accomplished, we provide a comfortable and progressive workplace. Most importantly, we have a workplace where communication is open and problems can be discussed and resolved in a mutually respectful atmosphere. We take into account individual circumstances and the individual employee. 3

9 We firmly believe that with direct communication, we can continue to resolve any difficulties that may arise and develop a mutually beneficial relationship. Non Harassment We prohibit harassment of one employee by another employee, supervisor or third party for any reason including, but not limited to: veteran status, uniform service member status, race, color, religion, sex, national origin, age and physical or mental disability. Harassment of third parties by our employees is also prohibited. In addition, race; religious creed; color; national origin; ancestry; physical disability; mental disability; medical condition, including genetic characteristics; marital status; sex; pregnancy, childbirth or related medical conditions; actual or perceived gender; gender identity; sexual orientation and age [40 or over] are protected classes in California. The purpose of this policy is not to regulate the personal morality of employees. It is to ensure that in the workplace, no employee harasses another for any reason. While it is not easy to define precisely what harassment is, it includes: slurs, epithets, threats, derogatory comments or visual depictions, unwelcome jokes and teasing. Any employee who feels that (s) he is a victim of such harassment should immediately report the matter to one of the following members of management who have been designated to receive such complaints: human resources manager at (916) Tupelo Drive, Citrus Heights, CA or your direct supervisor at your local field office or any administrative/management member at (916) and 6400 Tupelo Drive, Citrus Heights, CA 95621designated as Learning ARTS headquarters. If an employee makes a report to any members of administration or management and the administrator and/or manager either does not respond or does not respond in a manner the employee deems satisfactory or consistent with this policy, the employee is required to report the situation to one of the other members of administration and/or management designated in this policy to receive complaints. The Company will investigate all such reports as confidentially as possible. Adverse action will not be taken against an employee because he or she, in good faith, reports or participates in the investigation of a violation of this policy. Violations of this policy are not permitted and may result in disciplinary action, up to and including discharge. Sexual Harassment Any type of sexual harassment is against Company policy and may be unlawful. We firmly prohibit sexual harassment of any employee by another employee, supervisor or third party. Harassment of third parties by our employees is also prohibited. The purpose of this policy is not to regulate the morality of employees. It is to ensure that in the workplace, no employee is subject to sexual harassment. While it is not easy to define precisely what sexual harassment is, it may include: unwelcome sexual advances, requests for sexual favors, and/or verbal or physical conduct of a sexual nature including, but not limited to, sexually-related drawings, pictures, jokes, teasing, uninvited touching or other sexuallyrelated comments. 4

10 Sexual harassment of an employee will not be tolerated. Violations of this policy may result in disciplinary action, up to and including discharge. There will be no adverse action taken against employees who report violations of this policy in good faith or participate in the investigation of such violations. Any employee who feels that he/she is a victim of sexual harassment should immediately report such actions in accordance with the following procedure. All complaints will be promptly and thoroughly investigated as confidentially as possible. 1, Any employee who believes that (s)he is a victim of sexual harassment or has been retaliated against for complaining of sexual harassment, should report the situation immediately to one of the following members of management who have been designated to receive such complaints:, human resources manager at (916) and 6400 Tupelo Drive, Citrus Heights, CA or your direct supervisor at your local field office or any administrative/management member at (916) and 6400 Tupelo Drive, Citrus Heights, CA If an employee makes a report to any of these members of administration and/or management and the administrator and/or manager either does not respond or does not respond in a manner the employee deems satisfactory or consistent with this policy, the employee is required to report the situation to one of the other members of administration and/or management designated in this policy to receive complaints. 2. The Company will investigate every reported incident immediately. Any employee, supervisor or agent of the Company who has been found to have violated this policy may be subject to appropriate disciplinary action, up to and including immediate discharge. 3. The Company will conduct all investigations in a discreet manner. The Company recognizes that every investigation requires a determination based on all the facts in the matter. We also recognize the serious impact a false accusation can have. We trust that all employees will continue to act responsibly. 4. The reporting employee and any employee participating in any investigation under this policy have the Company's assurance that no reprisals will be taken as a result of a sexual harassment complaint. It is our policy to encourage reporting of any such incident, to help protect others from being subjected to similar inappropriate behavior. Categories of Employment INTRODUCTORY PERIOD Full-time and part-time employees are on an introductory period during their first 90 days of employment. During this time, you will be able to determine if your new job is suitable for you and your human resources manager will have an opportunity to evaluate your work performance. However, the completion of the introductory period does not guarantee employment for any period of time thereafter. FULL TIME EMPLOYEES regularly work at least a 30-hour workweek. PART TIME EMPLOYEES work less than 30 hours each week. In addition to the preceding categories, employees are also categorized as "exempt" or "non-exempt." NON-EXEMPT EMPLOYEES are entitled to overtime pay as required by applicable federal and state law. 5

11 EXEMPT EMPLOYEES - Pursuant to applicable federal and state laws, exempt employees are not entitled to overtime pay, and are not subject to certain deductions to their salary under the Company's policies. Upon hire, your human resources manager will notify you of your employment classification. Immigration Reform and Control Act In compliance with the federal Immigration Reform and Control Act of 1986 (IRCA), as amended, our company is committed to employing only individuals who are authorized to work in the United States. Each new employee, as a condition of employment, must complete the Employment Eligibility Verification Form I-9 and present original documentation establishing identity and employment eligibility. The Employment Eligibility Verification Form I-9 must be completed the first day of employment. If an employee is authorized to work in this country for a limited time period, the individual will be required to submit proof of renewed employment eligibility prior to expiration of that period to remain employed by the Company. New Employee Orientation Upon joining the Company, you were given this copy of our Employee Handbook. Later editions of the Handbook will be distributed to all Employees. After reading the Employee Handbook please sign the receipt page and returns it to your Human Resources Manager. If you are a new Employee, you will then be asked to complete personnel, payroll and benefit forms. Should you lose your Employee Handbook or if it becomes damaged in any way, please notify your human resources manager as soon as possible to obtain a replacement copy. Your human resources manager is responsible for the operations of your department. He/she is a good source of information about the Company and your job. Your Human Resources Department This Department acts as an information center for both employees and management. This department plays an important part in formulating and interpreting Company policy and offers help with a variety of problems and matters that concern employees and management. Human Resources staff members are available to discuss subjects such as employment/ recruitment, benefits, employee records, safety and disciplinary problems. Your Human Resources Department is open 9:00 to 3:00 p.m., Monday through Friday. Appointments may be arranged for other times. You may questions to hr@learningarts.com You are encouraged to contribute suggestions or questions so the staff may be more responsive to your needs. 6

12 Talk To Us We encourage you to bring your questions, suggestions and complaints to our attention. We will carefully consider each of these in our continuing effort to improve operations. If you feel you have a problem, present the situation to your supervisor so that the problem can be settled by examination and discussion of the facts. We hope that your supervisor is able to satisfactorily resolve most matters. If you still have questions after meeting with your supervisor or if you would like further clarification on the matter, request a meeting with any office personnel. He/she will review the issues and meet with you to discuss possible solutions. Your suggestions and comments on any subject are important, and we encourage you to take every opportunity to discuss them with us. Your job will not be adversely affected in any way because you choose to use this procedure. If at any time you do not feel comfortable speaking with your supervisor or the next level of management, discuss your concern with any other member of management with whom you feel comfortable. 7

13 Section 2: Your Pay and Progress Employee Timesheets Payday Timecards must be submitted by 12:00 a.m. on the 15 th and the last day of each month. Hourly employees failing to submit their timecards on time risk not being paid on time. As a courtesy and in the sole discretion of the Company, Learning ARTS may issue a $50.00 payroll advance until late timecards can be processed. Reporting a late timecard submission is the responsibility of the employee. Salary employees are still required to follow the submission schedule to allow for accurate time accounting and oversight. Repeated late timecards submitted by an employee may result in discipline, up to and including termination. Every employee is expected to accurately record time. Altering or falsifying time, recording time for another employee, billing for full shifts and only working partial hours, misreporting mileage, misrepresenting drive times, double billing and other fraudulent timekeeping practices represent serious offenses and may result in discipline, up to and including termination. In addition, any such action may be reported to the appropriate law enforcement agency. Paid Time off (PTO) needs to be recorded during any scheduled time off. These hours are recorded at 100% of the time taken and should be recorded on the actual days taken as PTO. Thus a three day holiday, M-W, would be recorded as 8 hrs. per day for a total of 24 hours PTO. Any overtime hours for any non-exempt employee must be approved, in writing, by that employee's supervisor in advance of the hours being worked. The written approval must include the purpose of the overtime hours. You will be paid semimonthly on the 10th of the month and the 26th of the month for the periods that have ended on the 15th of the month and the last day of the month. When our payday is a holiday, you normally will be paid on the last working day before the holiday. If our payday is a Saturday or Sunday, you normally will be paid on Friday. Please review your paycheck for errors. If you find a mistake, report it to your Human Resources Department immediately. Your Human Resources Department will assist you in taking the steps necessary to correct the error. Paycheck Deductions The Company is required by law to make certain deductions from your paycheck each pay period. Such deductions typically include federal and state taxes and Social Security (FICA) taxes. Depending on the state in which you are employed and the benefits you choose, there may be additional deductions. All deductions and the amount of the deductions are listed on your pay stub. These deductions are totaled each year for you on your Form W-2, Wage and Tax Statement. 8

14 It is the policy of the Company that exempt (salaried) employees' pay will not be docked, or subject to deductions, in violation of salary pay rules issued by the United States Department of Labor and any corresponding rules issued by the state government, as applicable. However, the Company may make deductions from employees' salaries in a way that is permitted under federal and state wage and hour rules. Employees will be reimbursed in full for any isolated, inadvertent, or improper deductions, as defined by law. Thus, exempt employees may be subject to the following salary deductions, except where prohibited by state law, but only for the following reasons: Absences of one or more full days for personal reasons, other than sickness or disability; or Absences of one or more full days due to sickness or disability, if there is a plan, policy, or practice providing replacement compensation for such absences; or Absences of one or more full days before eligibility under such a plan, policy, or practice or after replacement compensation for such absences has been exhausted; or Suspensions of one or more full days for violations of safety rules of major significance; or Suspensions of one or more full days for violations of written workplace conduct rules, such as rules against sexual harassment and workplace violence; or Payment of actual time worked in the first and last weeks of employment, resulting in a proportional rate of an employee's full salary; or Any unpaid leave taken under the Family and Medical Leave Act; or Negative paid-time-off balances, in whole-day increments only. If questions or concerns about any pay deductions arise, employees may discuss and resolve them with your Human Resources Department. Garnishment/Child Support When an employee's wages are garnished by a court order,the company is legally bound to withhold the amount indicated in the garnishment order from the employee's paycheck. The Company will, however, honor federal and applicable state guidelines that protect a certain amount of an employee's income from being subject to garnishment. Direct Deposit You have the option of receiving your pay in a payroll check or having your pay deposited into your bank account through our direct deposit program. Your payroll check/payroll stub will be mailed to your home address. Performance Reviews Your performance is important to the Company. Registered Behavior Technician performance reviews will be done every 6 months. Wage increases will be calculated on a semi-annual basis (every 6 months). Six month raises will be $.50 increments per review and will cap off at $2.50 above your hourly starting rate/salary once training has been complete, depending on performance. 9

15 All non-behavior Technician staff performance reviews will be done annually (every 12 months). Pay raises for non-behavior Technician positions will be based on your performance, continued education/certification and Company s profitability. Adjustments in your pay may be made when there has been significant improvement in or sustainment of an already good performance coupled with professional growth and /or educational progress. Our performance review program provides the basis for better understanding between you and your supervisor and your human resources manager, with respect to your job performance, potential and development within the Company. New employees will generally receive their first review six months after the end of their introductory period. Pay Raises Depending upon your performance and the Company's profitability, adjustments in your pay may be made when there has been an improvement in or sustainment of an already good performance during the review period. Pay Advances Pay advances will not be granted to employees. Overtime There may be times when you will need to work overtime so that we may meet the needs of our patients. Although you will be given advance notice when feasible, this is not always possible. Non-exempt employees must have all overtime approved in advance by your Human Resources Department. Generally, unless an alternate workweek is in effect or state law dictates otherwise, non-exempt, nonagricultural workers will be paid at a rate of time and one-half their regular hourly rate for: (1) hours worked in excess of eight hours in a day; (2) hours worked in excess of 40 hours in a week not compensated as daily overtime; and (3) for the first eight hours of work on a seventh day of work in a single workweek; and at a rate of double their regular hourly rate for: (a) hours worked in excess of 12 hours in a day; and (b) hours worked in excess of eight hours on a seventh day of work in a single workweek. We will allow employees to make up time for work missed because of their personal obligations. Employees who wish to do so must provide your Human Resources Department with a written and signed request for each occasion that they desire to make up time. However, an employee who makes up missed time in the same workweek will not be paid overtime for the additional hours of work on a given day unless they exceed 11 on that day or total more than 40 in that week. Only actual hours worked count toward computing weekly overtime. If you have any questions concerning overtime pay, check with your Human Resources Department. 10

16 Reporting Time Pay The Company will make every effort to notify employees in advance when it is not necessary to report to work. These circumstances may include inclement weather, fire, flood, power outage, lack of work, etc. In the event you report for work without being notified in advance that your services are not needed, you will be compensated in accordance with applicable state and federal wage and hour laws. 11

17 Section 3: Time Away From Work and Other Benefits Employee Benefits The Company has developed a comprehensive set of employee benefit programs to supplement our employees' regular wages. Our benefits represent a hidden value of additional income to our employees. This Employee Handbook describes the current benefit plans maintained by the Company. Refer to the actual plan documents and summary plan descriptions if you have specific questions regarding the benefit plan. Those documents are controlling. The Company reserves the right to modify its benefits at any time. We will keep you informed of any changes. Jury Duty Employees summoned for jury duty are granted an unpaid leave in order to serve if they give reasonable advance notice to your Human Resources Department that they will need time off to serve. Exempt employees may be provided time off with pay when necessary to comply with state and federal wage and hour laws. Make arrangements with your supervisor and scheduler as soon as you receive your summons. We expect you to return to your job if you are excused from jury duty during your regular working hours. Voting Leave The Company believes that every employee should have the opportunity to vote in any state or federal election, general primary or special primary. Any employee who does not have sufficient time outside of working hours to vote in a statewide election may request up to two paid hours off in order to vote. We reserve the right to select the hours you are excused to vote. Notify your supervisor and scheduler of the need for voting leave as soon as possible. When you return from voting leave, you must present a voter s receipt to your Human Resources Department as soon as possible. Military Leave Employees who are required to fulfill military obligations in any branch of the Armed Forces of the United States or in state military service will be given the necessary time off and reinstated in accordance with federal and state law. 12

18 The time off will be unpaid, except where state law dictates otherwise. Exempt employees may be provided time off with pay when necessary to comply with state and federal wage and hour laws. Accrued vacation may be used for this leave if the employee chooses. Military orders should be presented to the Human Resources Department and your scheduler so arrangements for leave can be made as early as possible before departure. Employees are required to give advance notice of their service obligations to the Company unless military necessity makes this impossible. You must notify the Human Resources Department and your scheduler of your intent to return to employment based on requirements of the law. Your benefits may continue to accrue during the period of leave in accordance with state and federal law. Additional information regarding military leaves may be obtained from your Human Resources Department. Witness Leave Employees are given the necessary time off without pay to attend or participate in a court proceeding in accordance with state law. We ask that you notify your Human Resources Department of the need to take witness leave as far in advance as is possible. Exempt employees may be provided time off with pay when necessary to comply with state and federal wage and hour laws. School Visitation Leave If an employee who is the parent or guardian of a child who is suspended is required to appear at the child s school, the employee may take time off without pay if they provide reasonable advance notice to your Human Resources Department of the need for time off. Employees, who are the parent, guardian, or grandparent having custody of children in grades K-12, or of children attending a licensed daycare facility, are allowed up to 40 hours of leave without pay per calendar year to participate in activities of their child s school or day care facility unless employed at a worksite with less than 25 employees. This leave should not exceed eight hours in any calendar month. Requests for such leave must be made in advance of the planned absence and employees must provide documentation from the school or day care facility as proof of their participation in school or day care activities. Exempt employees may be provided time off with pay when necessary to comply with state and federal wage and hour laws. Bereavement Leave Full-time and part-time employees are eligible immediately upon hire for 3 unpaid days for the death of an immediate family member. Members of the immediate family include spouses, registered domestic partners, parents, brothers, sisters, and children, children of registered domestic partners, grandchildren, grandparents, parents-in-law and parents of registered domestic partners. 13

19 Full-time and part-time employees are eligible immediately upon hire for one unpaid day to attend the funeral of aunts, uncles, nieces and nephews. Part-time employees are eligible for bereavement pay in proportion to the number of hours they normally are scheduled to work. Requests for bereavement leave should be made to your Human Resources Department as soon as possible. Leave Of Absence Under special circumstances, full-time employees who have completed one year of employment may be granted a leave of absence without pay. The granting of this type of leave is normally for compelling reasons. Leaves may not exceed 12 weeks during which time no benefits will accrue. Leaves of absence are granted only after earned vacation is exhausted. We will make reasonable efforts to return you to the same or similar job you held prior to the leave of absence, subject to our staffing and business requirements. Domestic Violence Leave The Company will not discriminate against employees who are victims of domestic violence or sexual assault for taking time off from work to obtain or attempt to obtain any relief, including but not limited to, a temporary restraining order, restraining order, or other injunctive relief to help ensure the health, safety, or welfare of a victim or his or her child. The Company will also not discriminate against an employee who is a victim of domestic violence or sexual assault for taking time off from work to seek medical attention for injuries caused by such domestic violence or sexual assault, to obtain services from a domestic violence or sexual assault program, to obtain psychological counseling related to the domestic violence or sexual assault, or to participate in actions to increase safety from future domestic violence or sexual assault, including temporary or permanent relocation. Affected employees must give the Company reasonable notice that they are required to be absent for a purpose stated above, except for unscheduled or emergency court appearances or other emergency circumstances. In such a case, the Company will take no action against affected employees if, within a reasonable time after the appearance, they provide the Company with documentary evidence that their absence was required for any of the above reasons. This leave will be unpaid. However, affected employees may use vacation, personal leave or other accrued time off (if available). Victims of Felony Crimes Leave The Company will grant reasonable and necessary leave from work without pay, to employees who are victims, or whose spouse, child, stepchild, brother, stepbrother, sister, stepsister, mother, stepmother, 14

20 father, stepfather, registered domestic partner, or child of a registered domestic partner is a victim of a violent or serious felony or felonious theft or embezzlement, for the purposes of attending legal proceedings related to the crime. Affected employees may elect to use accrued paid vacation, personal leave and/or sick leave in lieu of unpaid leave. When feasible, affected employees must provide the Company with advance notice of the employee's need for leave, including a copy of the notice of the scheduled proceeding. If advance notice is not feasible, affected employees must provide documentation evidencing the legal proceeding requiring the employee's absence within a reasonable time after leave is taken. Exempt employees may be provided time off with pay when necessary to comply with state and federal wage and hour laws. Holidays Learning Arts will be closed on the following holidays: Mandatory Holidays New Year s Day Martin Luther King, Jr. Day Presidents' Day Cesar Chavez Day Easter Day Memorial Day Independence Day Labor Day Columbus Day (Excludes Nevada) Nevada Day (Nevada Only) Veteran's Day Thanksgiving Day Christmas These days are subject to change per DDS regulations. Employees working under DDS regulations may have additional mandatory days off. Employees will not be paid for the above days, except where state or federal wage and hour law dictates otherwise. Paid Time off (PTO) All full-time and part-time employees are eligible for paid time off (PTO). Hourly employees will accrue PTO on a pro rated basis based on the number of hours worked. After completion of Orientation hourly Behavior Technicians and Staff Trainers will earn hours of PTO for each full hour of employment. 15

21 After completion of Orientation hourly Behavior Specialists will earn hours of PTO for each full hour of employment. After completion of Orientation and/or Probationary Period for newly acquired position salaried BCBAs and salaried administration will earn 0.17 PTO for each full day of employment. PTO will cap for Behavior Technicians at one full week and two full weeks for Behavior Specialists. Once you have reached one full week of PTO, no PTO can be earned until you deduct time from your balance. Consult your Human Resources Department for detailed information on how the dollar amount of your PTO pay is calculated and the amount you are entitled to receive. To be eligible for paid PTO, you must work your last scheduled day before the PTO and the first scheduled day after the PTO, unless you receive prior approval from your supervisor. PTO time is given to employees so that they are better able to perform their jobs when they return. For this reason, we require employees to take their PTO and we do not permit employees to take pay in lieu of time off. All PTO must be taken in full hour increments. PTO days can be used as vacation time or to take care of personal matters. Submit PTO requests in writing at least two weeks in advance to your scheduler and supervisor. When possible, PTO requests are granted, taking in to account operating requirements. Length of employment may determine priority in scheduled PTO times. Once an employee has earned his or her full PTO credit for the year, the employee will not become eligible for any additional time in the subsequent year except to the extent that the prior PTO time has been used. In addition, employees who are out on a leave of absence do not accrue PTO time while they are on their leave. Upon termination, eligible employees will be paid for accrued but unused PTO. Medical and Dental Insurance Eligible employees may enroll in a single, a single plus one dependent or a family contract after ninety days of full-time employment. Information and enrollment forms may be obtained from your Human Resources Department. To assist you with the cost of this insurance, The Company pays a portion of a single contract. You are responsible for paying the balance of a single contract and any dependent coverage through payroll deduction. Participating employees are also covered under our medical insurance plan s prescription drug program. The details of the plan and eligibility requirements may be obtained from your Human Resources Department. Refer to the actual plan document and summary plan description if you have specific questions regarding this benefit plan. Those documents are controlling. 16

22 Upon termination you may be entitled to continuation or conversion of the group medical insurance plan in accordance with the terms of the policy and/or applicable state and federal law. For more information, contact your Human Resources Department. COBRA You and your covered dependents will have the opportunity to continue medical and/or dental and vision benefits for a period of up to 36 months under the provisions of the Consolidated Omnibus Budget Reconciliation Act (COBRA) when group medical and/or dental and vision coverage for you and your covered dependents would otherwise end due to your death or because: Your employment terminates, for a reason other than gross misconduct; or Your employment status changes due to a reduction in hours; or Your child ceases to be a "dependent child" under the terms of the medical and/or dental plan or You become divorced or legally separated; or You become entitled to Medicare. In the event of divorce, legal separation, or a child s loss of dependent status, you or a family member must notify the plan administrator within 60 days of the occurrence of the event. The plan administrator will notify the individuals eligible for continuation coverage of their right to elect COBRA continuation coverage. For more information regarding COBRA, you may contact your Human Resources Department. Section 125 Plans The Company offers a pretax contribution option for employees. This employee benefit is known as a Section 125 plan. A Section 125 plan is a benefit plan that allows you to make contributions toward premiums for medical insurance, dental insurance, and out-of-pocket medical expenses or dependent care expenses on a before tax, rather than an after tax basis. Your premium contributions and qualified expenses are deducted from your gross pay before income taxes and Social Security is calculated. To participate in this plan, complete an election form and return it to your Human Resources Manager. You cannot make any changes to your pretax contributions until the next open enrollment period, unless your family status changes or you become eligible for a special enrollment period due to a loss of coverage. Family status changes include marriage, divorce, death of a spouse or child, birth or adoption of a child or termination of employment of your spouse. A change in election due to a change in family status is effective the next pay period. 17

23 Federal Family and Medical Leave Act Eligible employees may take up to 12 weeks of unpaid family/medical leave within a 12-month period and be restored to the same or an equivalent position upon their return to work. To be eligible for family/medical leave, you must satisfy both of the following conditions: 1. Worked for the Company for at least 12 months and for at least 1,250 hours in the past 12 months; and 2. at the time leave is requested either: (a) worked at a worksite with 50 or more employees or (b) worked at a worksite with less than 50 employees if 50 or more employees are employed within 75 miles of the worksite. Eligible employees may take family/medical leave for any of the following reasons: 1. The birth of your child and to care for such child; or 2. The placement of a child with you for adoption or foster care, and in order to care for the newly placed son or daughter; or 3. To care for a spouse, child, or parent ("covered relations") with a serious health condition; or 4. Because of your own serious health condition that renders you unable to perform an essential function of your position. Any leave due to the birth and care of such child or the placement of a child for adoption or foster care, and care of the newly placed child, must be completed within one year of the date of birth or placement of the child. If you request leave because of a birth, adoption or foster care placement of a child or to care for a covered relation with a serious health condition any accrued paid vacation, personal days or family leave must be used first as part of your family/medical leave. If you request leave because of your own serious health condition or to care for a covered relation with a serious health condition any accrued paid vacation, personal days or family leave must be used first as part of your family/medical leave. The substitution of paid leave time for unpaid leave time does not extend the 12-week leave period. Also, your family/medical leave may run concurrently with other types of leave. During an approved family/medical leave, the Company will maintain your health benefits under the same terms and conditions applicable to employees not on leave. If paid leave is substituted for unpaid family/medical leave, the Company will deduct your portion of the health plan premium as a regular payroll deduction. If your leave is unpaid, you must pay your portion of the premium by making arrangements with your Human Resources Department your. Your health coverage may cease if your premium payment is more than 30 days late. If your payment is more than 30 days late, we will send you a letter to this effect. If we do not receive your co-payment within 15 days of this letter, your coverage will cease. 18

24 If you elect not to return to work at the end of the leave for at least 30 calendar days, you will be required to reimburse the Company for the cost of the premiums paid by the Company for maintaining coverage during your unpaid leave unless you cannot return to work because of a serious health condition or because of other circumstances beyond your control. When spouses are employed by the Company, they are entitled to a combined total of up to 12 weeks leave: (1) for birth, adoption, or foster care and in order to care for such a child; or (2) to care for a parent with a serious health condition. Each individual is entitled to 12 weeks leave because of his or her own serious health condition or to care for the serious health condition of his or her child or spouse without counting leave time taken by the other spouse. Leave due to a serious health condition may be taken intermittently (in separate blocks of time due to a single health condition) or on a reduced leave schedule (reducing the usual number of hours you work per workweek or workday) if medically necessary. If the leave is unpaid, the Company will adjust your salary based on the amount of time actually worked. In addition, while you are on an intermittent or reducedschedule leave, the Company may temporarily transfer you to an available alternate position that better accommodates your recurring leave and that has equivalent pay and benefits. You must complete the appropriate family/medical leave forms. If your need for family/medical leave is foreseeable, you must give 30 days prior written notice. If this is not possible, you must give notice to your human resources manager as soon as is practicable (within one or two business days of learning about your need for leave). Failure to provide such notice may be grounds for delay of leave. If your need is because of a planned medical treatment, attempt to schedule the treatment to avoid disrupting the Company's operations. Medical Certification for a Serious Health Condition If you are requesting leave because of your own or a covered relation s serious health condition, the appropriate health care provider must supply medical certification. If possible, you should provide the medical certification within 15 days after you request leave. If you provide at least 30 days notice of your need for medical leave, you should provide the medical certification before your leave begins. If you do not provide the required medical certification in a timely manner, your leave may be delayed until it is provided. The Company, at its expense, may require an examination by a second health care provider designated by the Company, if it has reason to doubt the medical certification you initially provide. If the second health care provider s opinion conflicts with the original medical certification, the Company, at its expense, may require a third, mutually agreeable, health care provider to conduct an examination and provide a final and binding opinion. The Company may require subsequent medical recertification. Failure to provide requested certification within 15 days if such is practical may result in delay of further leave until it is provided. Tracking Your Leave The 12-month period in which 12 weeks of leave may be taken is the calendar year. 19

25 Reporting While on Leave If you take leave because of your own serious health condition or to care for a covered relation with a serious health condition, contact your human resources manager on a prescheduled basis regarding the status of the leave and your intention to return to work. In addition, you must give notice as soon as is practicable (within two business days if feasible) if the dates of leave change or are extended or initially were unknown. Returning To Work If you take leave because of your own serious health condition (except if you are taking intermittent leave), you must provide fitness-for-duty certification that you are able to resume work before you return. Employees failing to provide the return-to-work medical certification form will not be permitted to resume work until it is provided. Certain highly compensated employees or "key employees" may be denied restoration to their prior or equivalent position. Key employees are those salaried employees who are among the highest paid ten percent of employees within 75 miles of the worksite. Denial is based on the following conditions: 1. The denial is necessary to prevent substantial economic injury to the employer; 2. The employer has notified the employee of his or her "key" employee status as well as its decision to deny restoration should the leave take place or continue; and 3. The employee elects not to return to work after being notified of the employer s decision. No Work While On Leave The taking of another job while on family or medical leave or any other authorized leave may lead to disciplinary action, up to and including discharge. State and Local Family and Medical Leave Laws Where state or local family and medical leave laws offer more protection or benefits to employees, the protection or benefits provided by such laws will apply. State Disability Insurance All employees are eligible for disability insurance benefits when an illness, injury or pregnancy-related disability prevents them from working and they meet all the eligibility requirements. The benefits are calculated as a percentage of your salary up to a weekly maximum as specified by law, for up to 52 weeks. Employees who apply for this benefit must provide written notice of disability, including a doctor s certificate stating the nature of the disability and your expected date of return to work. 20