Policy POLICY SECTION. TLC Homes, Inc.

Transcription

1 POLICY SECTION

2 TLC Homes reserves the right to change any policies and procedures without notice. Information contained in this document is accurate as of the last date of revision. Changes to policies & procedures may be communicated in the form of memos. All memos concerning changes to policies and procedures will be posted at each program and then placed in the back of this binder until incorporated into the handbook. POLICY POLICY NUMBER EMPLOYMENT Equal Employment Opportunity Nature of Employment Job Posting and Employee Referrals Employment Reference Checks Employment Applications Outside Employment Personal Relationships in the Workplace Immigration Law Compliance Disability Accommodation Introductory Period Performance Evaluation EMPLOYMENT STATUS & RECORDS Access to Personnel Files Employment Categories Personnel Data Changes Salary Administration Request for Background Information Procedures Consumer Reports Disclosure Drivers Employee Automobile Insurance EMPLOYEE BENEFIT PROGRAMS Employee Benefits k Retirement Plan Health Insurance Benefits Continuation (COBRA) Life Insurance Holiday Premium - Direct Care Staff Holiday Pay - Salaried Employees Vacation Vacation Restriction Worker s Compensation Insurance Funeral (Bereavement) Leave Salaried Employee Attendance Tuition Reimbursement State Certification Training Office and Administrative Staff Vacation...315

3 TIMEKEEPING/PAYROLL Payroll Timekeeping Time Clock Paydays Direct Deposit Timekeeping for Supervisors and Lead Resident Care Assistants WORK SCHEDULES & HOURS Work Schedules Overtime Full-time Status Part-time Status Casual Status Reimbursement for Exempt Employees Providing Residential Direct Care LEAVES OF ABSENCE Family and Medical Leave (FMLA) Jury Duty EMPLOYEE WORK RULES & DISCIPLINARY ACTION Employee Conduct and Work Rules Reporting of Potential Abuse, Neglect, or Financial Misappropriation Change of Condition Employment Attendance Drug and Alcohol Sexual and Other Unlawful Harassment Training and Testing Sleeping Criminal Charges Personal Appearance Dress Code Use of Vehicles Visitors in the Workplace Workplace Monitoring Resignation Employment Termination Return of Property Supervised Meal Time Revised Supervised Meal Time Day Services Lunch Tobacco Free Environment Transfer and Handling of Grocery/Supply Money...723

4 3rd Shift Call Circle Van Prioritization Schedule and Procedure Transportation Guidelines Mileage Reimbursement Staff Requested Transfers Control of Company Credit/Debit Cards Employee Break Progressive Discipline Cell Phone Usage Reporting Injury of Unknown Source Infection Control Controlled Medications Safe Resident Handling RESIDENT FUNDS Resident Funds Resident Funds Weekend Control of Resident Purchases MAINTENANCE Maintenance Vehicle Maintenance and Repair Light Bulb Changing Decoration Safety DISASTER PREPAREDNESS Disaster Preparedness Fire Safety Severe Weather Blizzard and Heavy Snow Record Preservation Loss of Utilities Natural Gas Leak Bomb Threat Violent Situations in the Workplace Missing Resident Resident Evacuation Procedure Temperature Emergency Hazardous Spill Procedure

5 Employment

6 No: 100 Effective: 8/1/2000 3/11/ /18/2007 Title: Equal Employment Opportunity Statement: In order to provide equal employment and advancement opportunities to all individuals, employment decisions at TLC Homes will be based on merit, qualifications, and abilities. TLC Homes does not discriminate in employment opportunities or practices on the basis of race, color, religion, sex, national origin, age, disability, sexual preference, or any other characteristic protected by law. TLC Homes will make reasonable accommodations for qualified individuals with known disabilities unless doing so would result in an undue hardship. This policy governs all aspects of employment, including selection, job assignment, compensation, discipline, termination, and access to benefits and training. In addition to a commitment to provide equal employment opportunities to all qualified individuals, TLC Homes has established an affirmative action program to promote opportunities for individuals in certain protected classes throughout the organization. Any employees with questions or concerns about any type of discrimination in the workplace are encouraged to bring these issues to the attention of their immediate supervisor or the Human Resources Manager or Assistant. Employees can raise concerns and make reports without fear of reprisal. Anyone found to be engaging in any type of unlawful discrimination will be subject to disciplinary action, up to and including termination of employment.

7 No: 101 Effective: 8/1/2000 3/11/ /18/2007 Title: Nature of Employment Statement: Employment with TLC Homes is voluntarily entered into, and the employee is free to resign at will at any time, with or without cause. Similarly, TLC Homes may terminate the employment relationship at will at any time, with or without notice or cause, as long as there is no violation of applicable federal or state law. Policies set forth in this handbook are not intended to create a contract of employment, nor are they meant to constitute contractual obligations of any kind between TLC Homes and any of its employees. The provisions of the handbook have been developed at the discretion of TLC Homes Management and Administration and, except for its policy of employment-at-will, may be amended or cancelled at any time. These provisions supersede all existing policies and practices and may not be amended or added to without the express written approval of the President of TLC Homes.

8 No: 102 Effective: 8/1/2000 1/7/2010 3/11/ /18/2007 1/30/2007 Title: Job Posting and Employee Referrals Statement: TLC Homes provides employees an opportunity to indicate their interest in open positions and advance within the organization according to their skills and experience. In general, notices of all regular, full-time job openings are posted, although TLC Homes reserves its discretionary right to not post a particular opening. Job openings will be posted at each program and normally remain open for 3 days. Each job posting notice may include the dates of the posting period, job title, department, location, job summary, essential duties, and qualifications (required skills and abilities). Eligibility for an open position will be determined by the administration. Eligible employees can only apply for those posted jobs for which they possess the required skills, competencies, and qualifications. To apply for an open position, employees should submit a resume with a cover letter listing job-related skills and accomplishments. Employees should also describe how their current experience with TLC Homes and prior work experience and/or education qualifies them for the position. TLC Homes recognizes the benefit of developmental experiences and encourages employees to talk with their Supervisors about their career plans. Supervisors are encouraged to support employees efforts to gain experience and advance within the organization. An applicant s Supervisor may be contacted to verify performance, skills, and attendance. Any staffing limitations or other circumstances that might affect a prospective transfer may also be discussed. Job posting is a way to inform employees of openings and to identify qualified and interested applicants who might not other wise be known to the Human Resources Manager. Other recruiting sources may also be used to fill open positions in the best interest of the organization. TLC Homes also encourages employees to inform friends and family of openings and to identify qualified individuals interested in employment opportunities and to refer qualified outside applicants for posted jobs. Employees should obtain permission from the individual before making a referral, share their knowledge of the organization, and not make commitments or oral promises of employment. An employee should submit the referral s resume and/or completed application form to the Human Resources Manager for a posted job. If the referral is interviewed, the referring employee will be notified of the initial interview and the final selection decision.

9 No: 103 Effective: 8/2/2000 3/11/ /18/2007 Title: Employment Reference Checks Statement: To ensure that individuals who join TLC Homes are well qualified and have a strong potential to be productive and successful, it is the policy of TLC Homes to check the employment references of all applicants. The Human Resources Manager or Assistant will respond in writing only to those reference check inquiries that are submitted in writing. Responses to such inquiries will confirm only dates of employment, wage rates, and position(s) held. No employment data will be released without a written authorization and release signed by the individual who is the subject of the inquiry.

10 No: 104 Effective: 8/2/ /18/2007 Title: Employment Applications Statement: TLC Homes relies upon the accuracy of information contained in the employment application, as well as the accuracy of other data presented throughout the hiring process and employment. Any misrepresentations, falsifications, or material omissions in any of this information or data may result in the exclusion of the individual from further consideration for employment or, if the person has been hired, termination of employment.

11 No: 105 Effective: 8/1/ /18/2007 Title: Outside Employment Statement: An employee may hold a job with another organization as long as he or she satisfactorily performs his or her job responsibilities with TLC Homes. All employees will be judged by the same performance standards and will be subject to TLC Homes scheduling demand, regardless of any existing outside work requirements. If TLC Homes determines that an employee s outside work interferes with performance or the ability to meet the requirements of TLC Homes as they are modified from time to time, the employee may be asked to terminate the outside employment if he or she wishes to remain with TLC Homes. Outside employment will present a conflict of interest if it has an adverse impact on TLC Homes.

12 No: 106 Effective: 8/1/2000 4/16/ /18/2007 Title: Personal Relationships in the Workplace Statement: The employment of relatives or individuals involved in a dating relationship in the same area of an organization may cause serious conflicts and problems with favoritism and employee morale. In addition to claims of partiality in treatment at work, personal conflicts from outside the work environment can be carried over into day-to-day working relationships. For purposes of this policy, a relative is any person who is related by blood or marriage, or whose relationship with the employee is similar to that of persons who are related by blood or marriage. A dating relationship is defined as a relationship that may be reasonably expected to lead to the formation of a consensual romantic or sexual relationship. This policy applies to all employees without regard to the gender or sexual orientation of the individuals involved. Although TLC Homes has no prohibition against employing relatives of current employees or individuals involved in a dating relationship with current employees, we are committed to monitoring situations in which such relationships exist in the same area. In case of actual or potential problems, TLC Homes will take prompt action. This can include reassignment or, if necessary, termination of employment for one or both of the individuals involved. Employees in a close personal relationship should refrain from public workplace displays of affection or excessive personal conversation. TLC Homes recognizes the legal privileges that arise from a marital relationship: a witness to a crime has the right to refuse to testify against his or her spouse, and has the right to refuse to divulge communication made privately between the two spouses. Employees in such a relationship working together compromise TLC Homes ability to properly investigate and bring charges against such individuals in the event of an abuse or neglect situation. In order to best protect our clients and staff, TLC Homes prohibits employees who are married from working together. Employees who are spouses will not be allowed to work the same shift or work ANY overlapping hours at the same program facility. TLC Homes management and administration will regularly review schedules and make necessary changes to ensure adherence to this policy.

13 No: 107 Effective: 8/1/2000 3/11/ /18/2007 Title: Immigration Law Compliance Statement: TLC Homes is committed to employing only United States citizens and aliens who are authorized to work in the United States and does not unlawfully discriminate on the basis of citizenship or national origin. In compliance with the Immigration Reform and Control Act of 1986, each new employee, as a condition of employment, must complete the Employment Eligibility Verification Form I-9 and present documentation establishing identity and employment eligibility. Former employees who are rehired must also complete the form if they have not completed an I-9 with TLC Homes within the past three years, or if their previous I-9 is no longer retained or valid. Employees with questions or seeking more information on immigration law issues are encouraged to contact the Human Resources Manager or Assistant. Employees may raise questions or complaints about immigration law compliance without fear of reprisal.

14 No: 108 Effective: 8/1/ /18/2007 Title: Disability Accommodation Statement: TLC Homes is committed to complying fully with the Americans with Disabilities Act (ADA) and ensuring equal opportunity in employment of qualified persons with disabilities. All employment practices and activities are conducted on a non-discriminatory basis. Hiring procedures have been reviewed and provide persons with disabilities meaningful employment opportunities. Upon request, job applications are available in alternative, accessible formats, as is assistance in completing the application. Pre-employment inquiries are made only regarding an applicant s ability to perform the duties of the position. Qualified individuals with disabilities are entitled to equal pay and other forms of compensation (or changes in compensation) as well as in job assignments, classifications, organizational structures, position descriptions, lines of progression, and seniority lists. Leave of all types will be available to all employees on an equal basis. TLC Homes is also committed to not discriminating against any qualified employees or applicants because they are related to or associated with a person with a disability. TLC Homes will follow any state or local law that provides individuals with disabilities greater protection than the ADA. This policy is neither exhaustive nor exclusive. TLC Homes is committed to taking all other actions necessary to ensure equal employment opportunity for persons with disabilities in accordance with the ADA and all other applicable federal, state, and local laws.

15 No: 109 Effective: 8/2/ /18/2007 Title: Introductory Period Statement: The introductory period is intended to give new employees the opportunity to demonstrate their ability to achieve a satisfactory level of performance and to determine whether the new position meets their expectations. TLC Homes uses this period to evaluate employee capabilities, work habits, and overall performance. All new and rehired employees work on an introductory basis for the first 90 calendar days after their date of hire. Employees who are promoted or transferred within TLC Homes must complete a secondary introductory period of the same length with each reassignment to a new position. Any significant absence will automatically extend an introductory period by the length of the absence. If TLC Homes determines that the designated introductory period does not allow sufficient time to thoroughly evaluate the employee s performance, the introductory period may be extended for a specified period. In cases of promotions or transfers within TLC Homes, an employee who, in the sole judgment of management, is not successful in the new position can be removed from that position at any time during the secondary introductory period. If this occurs, the employee may be allowed to return to his or her former job or to a comparable job for which the employee is qualified, depending on the availability of such positions and TLC Homes needs. Upon satisfactory completion of the initial introductory period, employees enter the regular employment classification. Employment status is not changed during the secondary introductory period that results from a promotion or transfer within TLC Homes.

16 No: 110 Effective: 8/2/2000 3/12/ /18/2007 1/30/2007 Title: Performance Evaluation Statement: Supervisors and employees are strongly encouraged to discuss job performance and goals on an informal, day-to-day basis. Formal performance evaluations are conducted annually on the employee s hire date anniversary. The Program Supervisor and the employee should discuss the job responsibilities, standards, and performance requirements of the new position during the employee s introductory period. Additional formal performance evaluations are conducted to provide both supervisors and employees the opportunity to discuss job tasks, identify and correct weaknesses, encourage and recognize strengths, and discuss positive, purposeful approaches for meeting goals.

17 Employment Status & Records

18 No: 111 Effective: 8/2/2000 3/9/ /18/2007 1/30/2007 Title: Access to Personnel Files Statement: TLC Homes maintains a personnel file on each employee. The personnel file includes such information as the employee s job application, resume, records of training, documentation of performance appraisals and salary increases, and other employment records. Personnel files are the property of TLC Homes, and access to the information they contain is restricted. Generally, only TLC Homes management personnel who have legitimate reason to review information in a file are allowed to do so. Current and past employees who wish to review their own file should contact the Human Resources Manager or Assistant. With reasonable advance notice, employees may review their own personnel files within TLC Homes offices, and in the presence of a qualified representative appointed by TLC Homes. Copies of a personnel file or any contents from a personnel file will be available upon request for a fee of 25 cents per page.

19 No: 112 Effective: 8/2/2000 1/7/2010 3/11/ /18/2007 Title: Employment Categories Statement: It is the intent of to clarify the definitions of employment classifications so that employees understand their employment status and benefit eligibility. Each employee is designated as either NONEXEMPT or EXEMPT from federal and state wage and hour laws. NONEXEMPT employees are entitled to overtime pay under the specific provisions of federal and state laws. EXEMPT employees are excluded from specific provisions of federal state wage and hour laws. An employee s EXEMPT or NONEXEMPT classification may be changed only upon written notification by TLC Homes management. In addition to the above categories, each employee will belong to one other employment category: REGULAR FULL-TIME employees are those who are not in a temporary or introductory status and who are regularly scheduled to work TLC Homes full-time schedule. Generally, they are eligible for TLC Homes benefit package, subject to the terms, conditions, and limitations of each benefit program. PART-TIME employees are those who are not assigned to a temporary or introductory status and who are regularly scheduled to work less than 30 hours per week. While they do receive all legally mandated benefits (such as Social Security and workers compensation insurance), they are ineligible for all of TLC Homes other benefit programs (unless they meet the Simple-IRA requirements). INTRODUCTORY employees are those whose performance is being evaluated to determine whether further employment in a specific position or with TLC Homes is appropriate. Employees who satisfactorily complete the introductory period will be notified of their new employment classification. TEMPORARY employees are those who are hired as interim replacements, to temporarily supplement the work force, or to assist in the completion of a specific project. Employment assignments in this category are of a limited duration. Employment beyond any initially stated period does not in any way imply a change in employment status. Temporary employees retain that status unless and until notified of a change. While temporary employees receive all legally mandated benefits (such as workers compensation insurance and Social Security), they are ineligible for all of TLC Homes other benefit programs.

20 CASUAL employees are those who have established an employment relationship with TLC Homes but who are assigned to work on an intermittent and/or unpredictable basis. While they receive all legally mandated benefits (such as workers compensation insurance and Social Security), they are ineligible for all of TLC Homes other benefits programs (unless they meet the Simple-IRA requirements). Casual employees are required to work a least three shifts per calendar month to maintain their status. If a casual employee does not work the required three shifts per calendar month, TLC Homes will assume the employee has voluntarily terminated his/her employment. Exemptions from this requirement will be determined by TLC Homes administration.

21 No: 113 Effective: 8/2/2000 3/12/ /18/2007 Title: Personnel Data Changes Statement: It is the responsibility of each employee to promptly notify TLC Homes of any changes in personnel data. Personal mailing addresses, telephone numbers, number and names of dependents, individuals to be contacted in the event of emergency, educational accomplishments, and other such status reports should be accurate and current at all times. If any personnel data has changed, notify the Human Resources Manager or Assistant.

22 No: 114 Effective: 8/2/2000 3/12/ /18/2007 Title: Salary Administration Statement: The salary administration program at TLC Homes was created to achieve consistent pay practices, comply with federal and state laws, mirror our commitment to Equal Employment Opportunity, and offer competitive salaries within our labor market. Because recruiting and retaining talented employees is critical to our success, TLC Homes is committed to paying its employees equitable wages that reflect the requirements and responsibilities of their positions and are comparable to the pay received by similarly situated employees in other organizations in the area. Compensation for every position is determined by several factors, including job analysis and evaluation, the essential duties and responsibilities of the job, and salary survey data on pay practices of other employers. TLC Homes periodically reviews its salary administration program and restructures it as necessary. Merit-based pay adjustments may be awarded in conjunction with superior employee performance documented by the performance evaluation process. Employees should bring their pay-related questions or concerns to the attention of their immediate supervisors, who are responsible for the fair administration of departmental pay practices. The Human Resources Manager is also available to answer specific questions about the salary administration program.

23 No: 115 Effective: 1/1/ /1/2008 Title: Request for Background Information Procedures Statement: In accordance with the State of Wisconsin s Department of Health Service (DHS), will conduct at the time of hire and every two years thereafter, a Background Check to ensure that employees and applicants are of good standing and eligible to be a caregiver in the State of Wisconsin. In addition to the above, TLC Homes, Inc reserves the right to conduct a background check at any time within the period of employment where TLC Homes has reason to believe a new check should be obtained. Employees A DHS-64 Background Information Disclosure (BID) form must be completed both prior to employment and be resubmitted every two years thereafter, while employed by TLC Homes. Should an employee provide false information on a BID form or fail to alert the Human Resources Department of any new conviction, disciplinary action up to and including termination will be taken. Applicants As part of the initial hiring process, any individual who wishes to be employed with TLC Homes must complete an application containing a BID form. Should an applicant provide false information on a BID form, TLC Homes can refuse to hire the applicant based on the falsification or if the offense affects the applicant s eligibility for the particular job. Should an applicant indicate on their BID that he or she has lived outside of the state of Wisconsin within the previous three years, TLC Homes will make a good faith effort to obtain an out-of-state record. The applicant will need to complete an additional authorization form allowing the state to release the information to TLC Homes. If a state is a closed record state, TLC Homes has the option of requesting the employee obtain the information. This information shall be documented and kept in their personal file. No employee shall be allowed to work in the home without direct supervision, until the out-of-state record has been obtained. Background Information Disclosure (BID) Form It is the responsibility of both applicants and employees, to correctly fill out a BID form in its entirety. An applicant and/or employee with a clean BID may work up to 30 days, under direct supervision, until a background check or related searches can be completed. For any convictions disclosed on the BID, it is at the discretion of Administration to determine if the conviction is substantially related to the duties of the job. Entities of TLC Homes will review the initial BID and congruent BID forms, conduct a Department of Justice (DOJ) criminal record search, a Department of Health Services (DHS) letter, and any other searches should they be needed. Should it be concluded that a conviction/offense is substantially related to the circumstances of a particular job, in accordance with DHS, regulated by the Division of Quality Assurance (DQA), may refuse to hire or terminate an employee.

24 Employee Requirements It is the responsibility of all employees of TLC Homes to notify the Human Resources Department as soon as possible, but no later than the next working day when they have been convicted of any crime or have been or are being investigated for any act or offense by any government agency. An employee who is charged with a crime that is substantially related to the duties of the job may be suspended or removed from a TLC Homes employment. Should the employee be convicted of the crime, the employer may dismiss the employee at that time. Any act or offense found on the offense list (see Appendix I), prohibit employment as a caregiver in DQA regulated entities. Should a conviction be found, additional information must be obtained when: 1. The person reports a conviction for a crime on the Offense List that does not appear on the DOJ report to the criminal history record request 2. The DOJ report does not provide a conclusive disposition on a criminal charge for a crime on the Offense List 3. The BID or DOJ response indicates a conviction of the following less that five years from the date of the search: a. Misdemeanor battery b. Battery to an unborn child c. Battery, special circumstances d. Reckless endangerment e. Invasion of Privacy f. Disorderly conduct g. Harassment TLC Homes will make a good faith effort to obtain disposition information, should an employee be found not guilty of any of the conviction(s) mentioned above. Should an employee be convicted of any of the crimes listed above, TLC Homes must obtain the criminal complaint and judgment of conviction. If it is discovered that an employee plea-bargained down an originally serious charged crime, the nature of the person s behavior as well as the circumstances of the arrest and conviction may be considered in making a decision. An employee may apply for a Rehabilitation Review to seek approval to work as a caregiver, if they choose to do so.

25 No: 116 Effective: 11/1/2008 3/6/ /1/2008 Title: Consumer Reports Disclosure Statement: at any point during employment may obtain a consumer report on their employees. It is for the protection of residents, and in accordance with the State of Wisconsin s Department of Health Services (DHS), that a Department of Justice (DOJ) criminal record search, a Department of Health Services (DHS) letter, and any other searches, specifically a Department of Motor Vehicles Report, are obtained should it be needed. A DOJ search and DHS letter shall be obtained on any applicant who is applying for a position with ** A Department of Motor Vehicles report shall be obtained when an employee or applicant is applying for a position to transport residents and/or drive company vehicles. All employees will not be allowed to drive vehicles or transport any residents unless approved by TLC Homes Administration. In order to better serve and protect our residents, it is policy to transport residents in a company provided vehicle and with approved drivers. Any applicant or employee applying to a driving position will complete a Department of Motor Vehicles Waiver form and will need to be approved by TLC Administration before they are allowed to use company vehicles and/or transport any residents of Before any DMV request is completed, TLC Homes entities will secure consent from employees or applicants to obtain these consumer reports. The consumer report may be used for employment decisions. Should adverse action occur, it is the responsibility of entities to provide a copy of the consumer report and the Fair Credit Reporting Act (FCRA) to said individual. In accordance with the FCRA, TLC Homes entities must first provide the employee with the name, address, and telephone number for the consumer reporting agency, a description of the consumer s rights, and a reasonable opportunity (a period of five business days) to respond before taking adverse employment action. **For more information regarding the Procedure on Background Information please see policy # 115

26 A Summary of Your Rights Under the Fair Credit Reporting Act (Page 1 of 2) The federal Fair Credit Reporting Act (FCRA) promotes the accuracy, fairness, and privacy of information in the files of consumer reporting agencies. There are many types of consumer reporting agencies, including credit bureaus and specialty agencies (such as agencies that sell information about check writing histories, medical records, and rental history records). Here is a summary of your major rights under the FCRA. For more information, including information about additional rights, go to or write to: Consumer Response Center, Room 130-A, Federal Trade Commission, 600 Pennsylvania Ave. N.W., Washington, D.C You must be told if information in your file has been used against you. Anyone who uses a credit report or another type of consumer report to deny your application for credit, insurance, or employment or to take another adverse action against you must tell you, and must give you the name, address, and phone number of the agency that provided the information. You have the right to know what is in your file. You may request and obtain all the information about you in the files of a consumer reporting agency (your file disclosure ). You will be required to provide proper identification, which may include your Social Security number. In many cases, the disclosure will be free. You are entitled to a free file disclosure if: o a person has taken adverse action against you because of information in your credit report; o you are the victim of identify theft and place a fraud alert in your file; o your file contains inaccurate information as a result of fraud; o you are on public assistance; o you are unemployed but expect to apply for employment within 60 days. In addition, by September 2005 all consumers will be entitled to one free disclosure every 12 months upon request from each nationwide credit bureau and from nationwide specialty consumer reporting agencies. See for additional information. You have the right to ask for a credit score. Credit scores are numerical summaries of your credit-worthiness based on information from credit bureaus. You may request a credit score from consumer reporting agencies that create scores or distribute scores used in residential real property loans, but you will have to pay for it. In some mortgage transactions, you will receive credit score information for free from the mortgage lender. You have the right to dispute incomplete or inaccurate information. If you identify information in your file that is incomplete or inaccurate, and report it to the consumer reporting agency, the agency must investigate unless your dispute is frivolous. See for an explanation of dispute procedures. Consumer reporting agencies must correct or delete inaccurate, incomplete, or unverifiable information. Inaccurate, incomplete or unverifiable information must be removed or corrected, usually within 30 days. However, a consumer reporting agency may continue to report information it has verified as accurate. Consumer reporting agencies may not report outdated negative information. In most cases, a consumer reporting agency may not report negative information that is more than seven years old, or bankruptcies that are more than 10 years old.

27 A Summary of Your Rights Under the Fair Credit Reporting Act (Page 2 of 2) Access to your file is limited. A consumer reporting agency may provide information about you only to people with a valid need -- usually to consider an application with a creditor, insurer, employer, landlord, or other business. The FCRA specifies those with a valid need for access. You must give your consent for reports to be provided to employers. A consumer reporting agency may not give out information about you to your employer, or a potential employer, without your written consent given to the employer. Written consent generally is not required in the trucking industry. For more information, go to You may limit prescreened offers of credit and insurance you get based on information in your credit report. Unsolicited prescreened offers for credit and insurance must include a toll-free phone number you can call if you choose to remove your name and address from the lists these offers are based on. You may opt-out with the nationwide credit bureaus at XXX-XXXX. You may seek damages from violators. If a consumer reporting agency, or, in some cases, a user of consumer reports or a furnisher of information to a consumer reporting agency violates the FCRA, you may be able to sue in state or federal court. Identity theft victims and active duty military personnel have additional rights. For more information, visit States may enforce the FCRA, and many states have their own consumer reporting laws. In some cases, you may have more rights under state law. For more information, contact your state or local consumer protection agency or your state Attorney General. Federal enforcers are:

28 No: 117 Effective: 12/1/2008 1/8/2010 3/6/ /1/2008 Title: Drivers Statement: In order to better serve and protect our residents, it is policy to transport residents in a company provided vehicle and with approved drivers. Any individual in the following positions will be subject to a DMV Report and may be required to drive: Program Supervisors Lead Resident Care Assistants Resident Care Managers Office/Administration Drivers/Day Services Personnel All employees who drive a personal vehicle for TLC Homes business must provide proof of insurance. All employees are required to carry at least the minimum insurance required by the State of Wisconsin. ** Employees in the above listed positions must be approved in advance by the administration before being allowed to transport residents in personal or company vehicles, or to use personal or company vehicles for company related tasks. In addition, employees must successfully complete the required training in order to use company vehicles for transporting residents or for other company related tasks. If an employee is in any of the above positions, but is not allowed to drive, a TLC Homes Driving Agreement will need to be completed. Any employees that use their personal vehicle for TLC Homes duties are entitled to reimbursement. A Mileage Reimbursement Form must be turned into the employee s immediate supervisor by the Friday before the end of the pay period, for reimbursement. An Employee in any other position not named in this policy, is not allowed to drive their personal vehicle or transport residents at any time. Any employee who is unsure if they are considered a driver should contact the Human Resources Department, or their direct supervisor, for more information. A DMV Report is considered a Consumer Report. For more information please see the Consumer Report Disclosure policy. **Please see Employee Automobile Insurance for more information.

29 No: 118 Effective: 9/20/2006 1/8/2010 3/11/ /18/2007 Title: Employee Automobile Insurance Statement: Any employee approved to transport residents or use their personal vehicle for related business is required to provide proof of insurance. Individuals are required to carry at least the minimum insurance required by the State of Wisconsin. Procedure: Any employee authorized as a driver by the Administration must complete a Insurance Form at the time of hire. The Insurance Form will also be included with the first payroll in March and September for Supervisors to collect updated information from their respective employees. Program Supervisors Are Responsible For: 1. Providing current and accurate information to the Administrative Office via bi-annual reporting. a. Supervisors will request /gather updated information from all respective drivers (in accordance with the Drivers policy) utilizing the Insurance Form. This is to be completed no later than the last day of the month in both March AND September. 2. Monitoring that all employees who DO NOT have personal automobile insurance use only vehicles with approved drivers to complete TLC Homes Inc. related business. a. TLC Homes administration will update each Program Supervisor when an employee in a position where driving is required has a change in their driving eligibility. Administrative Office Is Responsible For: 1. Obtaining current automobile insurance information at the time of hire using the Automobile Insurance Form. 2. Sending out the TLC Homes Inc. Automobile Insurance Form the first payroll in March and September. 3. Placing the bi-annual TLC Automobile Insurance Forms in March and September into each personnel file.

30 Employee Benefit Programs

31 No: 300 Effective: 8/2/ /18/2007 1/30/2007 Title: Employee Benefits Statement: Eligible employees at TLC Homes are provided a wide range of benefits. A number of the programs (such as Social Security, workers compensation, state disability, and unemployment insurance) cover all employees in the manner prescribed by law. Benefits eligibility is dependent upon a variety of factors, including employee classification. A Human Resources representative can identify the programs for which an employee is eligible. Details of many of these programs can be found elsewhere in the employee handbook. The following benefit programs are available to eligible employees: Simple-IRA Savings Plan Automobile Mileage Reimbursement Voluntary Dental Insurance Health Insurance Life Insurance Vacation Benefits Some benefits programs require contributions from employees, but most are fully paid by TLC Homes.

32 No: 301 Effective: 8/2/2000 3/12/ /18/2007 1/30/2007 Title: 401(k) Retirement Plan Statement: TLC Homes has established a 401(k) retirement savings plan to provide employees the potential for future financial security for retirement. To be eligible to join the 401(k) retirement savings plan, an employee must have worked 1000 hours and completed one year of service. Eligible employees may join the plan only during open enrollment periods. Employees may participate in the 401(k) retirement savings plan subject to all terms and conditions for the plan. The 401(k) retirement savings plan allows employees to elect how much salary they want to contribute in order to tailor the retirement package to meet their individual needs. TLC Homes has a discretionary match of 100% on the first 3% of the employee s contribution and 50% on the next 2% of the employee s contribution (up to 5%). Because the contribution to a 401(k) retirement savings plan is automatically deducted from the employee s pay before federal and state tax withholdings are calculated, employees save tax dollars now by having their total taxable amount reduced. While the amounts deducted generally will be taxed when they are finally distributed, favorable tax rules typically apply to 401(k) retirement savings plan distributions. Employees may be allowed to rollover into this plan all or a portion of outside retirement funds. Employees are always 100% vested in the contributions they choose to defer and in the employer matching contributions. Benefits are payable at: retirement, death, disability, or termination of employment.

33 No: 302 Effective: 8/2/2000 3/11/ /18/2007 Title: Health Insurance Statement: TLC Homes health insurance plan provides employees and their dependents access to medical insurance benefits. Employees in the following employment classifications are eligible to participate in the health insurance plan: Regular full-time employees Eligible employees may participate in the health insurance plan subject to all terms and conditions of the agreement between TLC Homes and the insurance carrier. A change in employment classification that would result in loss of eligibility to participate in the health insurance plan may qualify an employee for benefits continuation under the Consolidated Omnibus Budget Reconciliation Act (COBRA). Refer to the Benefits Continuation (COBRA) policy for more information. Details of the health insurance plan are described in the Summary Plan Description (SPD). An SPD and information on cost of coverage will be provided in advance of enrollment to eligible employees. Contact the Human Resources Manager or Assistant for more information about health insurance benefits.

34 No: 303 Effective: 8/2/ /18/2007 1/30/2007 Title: Benefits Continuation (COBRA) Statement: The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) gives employees and their qualified beneficiaries the opportunity to continue health insurance coverage under TLC Homes health plan when a qualifying event would normally result in the loss of eligibility. Some common qualifying events are resignation, termination of employment, or death of an employee; a reduction in an employee s hours or a leave of absence; an employee s divorce or legal separation; and a dependent child no longer meeting eligibility requirements. The employee must notify the Plan Administrator within 60 days after a qualifying event occurs. Under COBRA, the employee or beneficiary pays the full cost of coverage at TLC Homes group rates plus an administration fee. TLC Homes provides each eligible employee with a written notice describing rights granted under CORBA when the employee becomes eligible for coverage under TLC Homes health insurance plan. The notice contains important information about the employee s rights and obligations.

35 No: 304 Effective: 8/2/2000 3/11/ /18/2007 Title: Life Insurance Statement: Life insurance offers an employee and his/her family important financial security. TLC Homes provides a basic life insurance plan for eligible employees. Employees in the following employment classifications are eligible to participate in the life insurance plan: Regular Full-time employees Eligible employees may participate in the life insurance plan subject to all terms and conditions of the agreement between TLC Homes and the insurance carrier. Details of the basic life insurance plan including benefit amounts are described in the Summary Plan Description (SPD) provided to eligible employees. Contact the Human Resources Manager or Assistant for more information about the life insurance benefits.

36 No: 305 Effective: 12/29/2000 3/9/ /18/2007 3/9/2006 Title: Holiday Premium-Direct Care Staff Statement: TLC Homes will grant a holiday premium to all employees providing direct care on the holidays listed below: Time-and-a-half holidays: New Year s Day (January 1 st ) Memorial Day (last Monday in May) Independence Day (July 4 th ) Labor Day (first Monday in September) Thanksgiving (fourth Thursday in November) Double-time holidays: Christmas Eve (December 24 th ) Christmas Day (December 25 th ) New Year s Eve (December 31 st ) Eligible employee classification(s): All employees Nonexempt employees working on a recognized holiday will receive a holiday premium of one-half their straight-time rate. If an employee works their 40 hours before Christmas Eve, works on Christmas Eve, and their base rate is $8.00 an hour, they will be paid $20 an hour. Based on $8.00 an hour: a. Double time: 8*2= $16 b. Overtime: 8/2=$4 c. Total: 16+4= $20

37 No: 306 Effective: 1/12/2005 3/9/ /18/2007 3/9/2006 Title: Holiday Pay Salaried Employees Statement: All salaried employees will receive eight paid holidays after completing their 90 day introductory period. The holidays are: New Years Day, Memorial Day, 4 th of July, Labor Day, Thanksgiving Day, Christmas Eve, Christmas Day, and New Years Eve. Salaried employees may request a different holiday schedule not to exceed eight days. If an alternative schedule is requested, it is expected that this will be a permanent ongoing schedule. If a scheduled holiday occurs on a Saturday or Sunday, a floating holiday will replace the scheduled holiday. Floating holidays are earned fourteen days prior to the scheduled holiday. Example: If Christmas Day falls on a weekend, the floating holiday is not earned until December 11 th. Salaried employees will have three calendar months to utilize the floating holiday or the holiday pay will be lost. Time off during a holiday is conditional upon the salaried employee having all of their responsibilities reasonably completed. If a salaried employee is unable to utilize a holiday due to job responsibilities a floating holiday will be issued. A salaried employee working direct care on the day of a paid holiday will receive the direct care pay at a holiday rate. If multiple employees would like to use their floating holiday on the same date, determining who will be off will follow the same criteria as requests for vacation. Salaried employees working at Day Services will follow annual holiday closing days.

38 No: 307 Effective: 8/2/2006 1/11/2010 3/9/ /18/2007 3/9/2006 Title: Vacation Statement: Vacation time off with pay is available to eligible employees to provide opportunities for rest, relaxation, and personal pursuits. Employees in the following employment classification(s) are eligible to earn and use vacation time as described in this policy: Regular Full-time employees hired before June 30 th Vacation eligibility is based on the employee s Vacation Hire date (date of full-time status). Full-time employees hired before June 30 th will have earned vacation as of January 1 st of the upcoming year. Full-time employees hired after June 30 th will not be eligible for earned vacation until January 1 st of their second full year. Employees will receive earned vacation based on years of service, with a maximum of 3 weeks of vacation allowed. Employees earn vacation based on the total hours worked by that employee in the previous year. Vacation pay will be calculated using a base figure of 2000 hours of available work in a calendar year. Calculation: Employee hours (previous year)/2000 hours = % %*40 hours per week = Hours Hours*Years (maximum of 3 years) = Hours of vacation earned 1 year = 40 hours; 2 years = 80 hours; 3 years = 120 hours If a full-time employee switches to part-time or casual status, the employee loses their Vacation Hire date. If a full-time employee switches to part-time or casual status before their vacation eligibility, the employee loses that vacation time. If a full-time employee switches to part-time or casual status after they have earned vacation, the employee may be paid out their vacation. If a full-time employee quits or is terminated after vacation is earned, their vacation will be paid out on their final paycheck exclusions apply to office and salaried administrative personnel. Employees who have earned vacation must request their time off two weeks to the calendar month in advance and are encouraged to schedule their time off other than during the holiday months of November and December. Due to scheduling problems and Day Service programs or plant closings, it is difficult to grant requests for vacation at these times and such requests may be denied.