PATHFINDERS OF OREGON EMPLOYEE HANDBOOK

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1 PATHFINDERS OF OREGON EMPLOYEE HANDBOOK This Employee Handbook has been tailored expressly for your organization by PAYCHEX, Inc. Copyright PAYCHEX, Inc All rights reserved.

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3 Welcome to Pathfinders of Oregon! We are very pleased that you have decided to join our organization. Let me give you a little history about Pathfinders and explain our mission* and philosophy. PATHFINDERS OF OREGON, INC. is a 501 C (3) nonprofit organization. We incorporated on August 5, 1993 with the specific mission of operating cognitive training programs for the Oregon Department of Corrections. Since that time, our Board of Directors has expanded our mission to include the provision of support and advocacy for those who graduate from our programs in the prisons and prevention programs in local communities for at-risk individuals (particularly youth) who without intervention might someday enter the criminal justice system. Our approach to the management of Pathfinders strongly supports the concept of decision-making at the lowest possible level. You will see in the enclosed policies and procedures that we constantly encourage in fact, require teamwork; open, honest, and timely communication at all levels of the organization; and mutual respect among co-workers, contractor personnel and our clients. The underpinnings of the curriculum we teach address accepting personal responsibility, working as a team, communicating in a pro-social manner, understanding and living by our personal values, including accepting responsibility for the care of our children and others who depend on us, creative problem solving and learning to understand and manage our stress and anger. We have proof that the curriculum and support strategies we offer are effective in helping individuals make important life changes and live effectively.

4 We have come to believe that is the modeling of these skills on a daily basis by everyone in our organization that inspires our clients to bring about permanent, prosocial changes in their lives. Again, I would like to welcome you on behalf of the 80 plus members of our staff. You were chosen for employment with our organization because it was decided you have all of the skills to perform in the manner I ve described above. Please let me know, at any time, if there is something we can do to help you perform your job more effectively or make your employment with us more fulfilling. Sharon J. Darcy Executive Director *Pathfinders of Oregon s Mission is to break the cycle of criminality by providing cognitive-based programs and supportive services for pro-social living; by helping justice-involved adults and at-risk youth to avoid entering, or re-entering, the corrections system.

5 Table of Contents Section 1: The Way We Work A Word About This Handbook...1 Equal Employment Opportunity...3 Americans with Disabilities Act...4 A Word about our Employee Relations Philosophy...5 Non-Harassment...6 Sexual Harassment...7 Categories of Employment...10 Anniversary Date...11 Driver's License/Driving Record...11 Certification, Licensing and Other Requirements...11 Immigration Reform and Control Act...12 New Employee Orientation...12 Your Human Resources Department...13 Suggestions and Ideas...13 Talk to Us...14 Section 2: Your Pay and Progress Recording Your Time...1 Payday...1 Paycheck Deductions...2 Garnishment/Child Support...3 Direct Deposit...4 Performance Reviews...4 Job Descriptions...4 Overtime...5 i

6 Section 3: Time Away From Work and Other Benefits Employee Benefits...1 Holidays...2 Vacation...3 Sick Days...4 Jury Duty...5 Military Leave...6 Disaster and Emergency Services Leave...7 Witness Leave...8 Juvenile Court Attendance Leave...8 Organ Donation Leave...9 School Visitation Leave...9 Bereavement Leave...10 Leave of Absence...11 Domestic Violence Leave...12 Victims of Crime Leave...14 Medical Insurance...15 COBRA...16 Life Insurance...17 Section 125 Plans...18 Disability Leave...19 Federal Family and Medical Leave Act...20 Short-Term Disability Insurance...35 Family and Medical Leave...36 Social Security...42 Unemployment Insurance...43 Workers Compensation (k) Qualified Retirement Plan...44 Professional Development...45 Employee Assistance Program...46 Credit Union...46 ii

7 Section 4: On the Job Conduct at Client's Office...1 Attendance and Punctuality...2 Meal Time...3 Breaks...3 Lactation Breaks...4 On The Job Training...5 Standards of Conduct...6 Access to Personnel Files...7 Customer and Public Relations...8 Solicitation and Distribution...8 Changes in Personal Data...9 Care of Equipment...9 Organization Vehicles...10 Travel/Expense Accounts...11 Personal Property...12 Identification Badges...12 Severe Weather...12 Personal Telephone Calls...13 Electronic Mail and Voice Mail Monitoring...13 Internet Usage and Monitoring...15 Dress Policy...16 Recycling and Waste Prevention...17 Protecting Organization Information...17 Conflict of Interest/Code of Ethics...18 Cellular Telephones...19 Contact with the Media...20 Recording Devices in the Workplace...20 If You Must Leave Us...21 iii

8 Section 5: Safety in the Workplace Each Employee's Responsibility...1 Workplace Violence...2 Workplace Searches...3 Smoking in the Workplace...4 No Weapons in the Workplace...5 In An Emergency...6 Substance Abuse...7 iv

9 The Way We Work 1

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11 A Word About This Handbook This Employee Handbook contains information about the employment policies and practices of the organization. We expect each employee to read this Employee Handbook carefully, as it is a valuable reference for understanding your job and the organization. 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 organization 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 organization. This Employee Handbook supersedes and replaces any and all prior Employee Handbooks and any inconsistent verbal or written policy statements. 1 Except for the policy of at-will employment, which can only be changed by the president of the organization in a signed written contract, the organization 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 organization. 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 ORGANIZATION IS AN AT-WILL EMPLOYER. THIS MEANS THAT REGARDLESS OF ANY PROVISION IN THIS EMPLOYEE HANDBOOK, 1

12 EITHER YOU OR THE ORGANIZATION 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 ORGANIZATION 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 ORGANIZATION. This Employee Handbook refers to current benefit plans maintained by the organization. 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. 2

13 Equal Employment Opportunity Our organization is committed to equal employment opportunity. We will not discriminate against employees or applicants for employment on any legally-recognized basis [ protected class ] including, but not limited to: veteran status, uniform service member status, race, color, religion, sex, national origin, age, physical or mental disability or any other protected class under federal, state or local law. 1 In Oregon, the following are a protected class: race; religion; color; sex; pregnancy, childbirth, and related medical conditions or occurrences; national origin; marital status; domestic partnership status; age [18 or older]; disability; sexual orientation and genetic information. You may discuss equal employment opportunity related questions with the Director of Administrative Services or any other member of management. 3

14 Americans with Disabilities Act Our organization is committed to providing equal employment opportunities to qualified individuals with disabilities. This may include providing reasonable accommodation where appropriate in order for an otherwise qualified individual to perform the essential functions of the job. It is your responsibility to notify your supervisor of the need for accommodation. Upon doing so, your supervisor 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. 4

15 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. 1 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. In order to provide the high level of caring service that our partners are accustomed to, our employees must be well informed and equipped with the tools they need to do their best work. We take into account individual circumstances and the individual employee. We firmly believe that with direct communication, we can continue to resolve any difficulties that may arise and develop a mutually beneficial relationship. 5

16 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, sexual orientation, national origin, age and physical or mental disability. Harassment of third parties by our employees is also prohibited. In addition, race; religion; color; sex; pregnancy, childbirth and related medical conditions or occurrences; national origin; marital status; age [18 or older]; disability and genetic information are protected classes in Oregon. 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: Cathy Calvin or Paulette Coles at , 7800 SW Barbur Blvd., Suite II, Portland, OR

17 If an employee makes a report to any of these members of management and the 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 management designated in this policy to receive complaints. 1 The organization 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 organization 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 sexually-related comments. 7

18 The conduct prohibited by this policy includes conduct in any form including but not limited to , voice mail, chat rooms, Internet use or history, text messages, pictures, images, writings, words or gestures. 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 believes that (s)he 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 the following member of management who has been designated to receive such complaints: Cathy Calvin or Paulette Coles at (503) , 7800 and 7800 SW Barbur Blvd, Suite II, Portland, OR If an employee makes a report to this member of management and the 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 any other member of management. 8

19 2. The organization will investigate every reported incident immediately. Any employee, supervisor or agent of the organization who has been found to have violated this policy may be subject to appropriate disciplinary action, up to and including immediate discharge The organization will conduct all investigations in a discreet manner. The organization 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 organization's assurance that no reprisals will be taken as a result of a sexual harassment complaint. It is our policy to encourage discussion of the matter, to help protect others from being subjected to similar inappropriate behavior. 9

20 Categories of Employment INTRODUCTORY PERIOD: Full-time, part-time regular and part-time employees are on an introductory period during their first six months of employment. During this time, you will be able to determine if your new job is suitable for you and your supervisor 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 since you are an at-will employee both during and after your introductory period. FULL-TIME EMPLOYEES regularly work at least a 40- hour workweek. PART-TIME REGULAR EMPLOYEES regularly work 30 hours or more each week. 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. EXEMPT EMPLOYEES are not entitled to overtime pay and may also be exempt from minimum wage requirements pursuant to applicable federal and state laws. Upon hire, your supervisor will notify you of your employment classification. 10

21 Anniversary Date The first day you report to work will be recorded in organization records as your anniversary date. This date may be used to calculate many different organization benefits. If you have any questions regarding your anniversary date, please see your supervisor. 1 Driver's License/Driving Record Employees in positions where the operation of a motor vehicle is an essential duty of the position must present and maintain a valid driver's license and acceptable driving record to our insurer. Changes in your driving record must be reported to your supervisor immediately. Violations of this policy may result in immediate termination of your employment. You may be required to drive your personal vehicle at times. If so, we will ask for a copy of your automobile insurance policy which will be kept on file and updated when renewals occur. Certification, Licensing and Other Requirements You will be informed by your supervisor if there are any licensing, certification or testing requirements for your job. Failure to qualify or to maintain a certification or license may be sufficient cause for discharge. 11

22 Immigration Reform and Control Act In compliance with the federal Immigration Reform and Control Act of 1986 (IRCA), as amended, and any state law requirements, if applicable, our organization 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 documentation establishing identity and employment eligibility. 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 organization. New Employee Orientation Upon joining our organization, you were given this copy of our Employee Handbook. After reading this Employee Handbook please sign the receipt page and return it to your supervisor. You will be asked to complete personnel, payroll and benefit forms. If you lose your Employee Handbook or if it becomes damaged in any way, please notify your supervisor as soon as possible to obtain a replacement copy. Your supervisor is responsible for the operations of your department. (S)he is a good source of information about the organization and your job. 12

23 Your Human Resources Department The Human Resources department acts as an information center for both employees and management. This department plays an important part in formulating and interpreting organization 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. 1 The Human Resources department is open 9:00 a.m. to 5:00 p.m., Monday through Friday. Appointments may be arranged for other times. You are encouraged to contribute suggestions or questions so the staff may be more responsive to your needs. Please contact Paulette Coles at or pcoles@pathfindersoforegon.org. The mailing address is 7800 SW Barbur Blvd., Suite II, Portland, OR Suggestions and Ideas We are always interested in your constructive ideas and suggestions for improving our operations. Your suggestions should be submitted in writing to your supervisor. After we investigate your suggestion, you will be notified whether it is feasible to be put into practice. 13

24 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 your Division Director. (S)he 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. 14

25 Your Pay and Progress 2

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27 Recording Your Time Non-exempt employees must record their hours on time sheets and give them to their supervisor by the 10th of each month. Exempt employees may be required to accurately record their time worked in accordance with federal and state wage and hour law. All employees subject to this policy are required to accurately record all time worked. 2 The workweek starts on Sunday and ends on Saturday. Payday You will be paid monthly on the 25th of the month for the period that ends on the 10th. 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 supervisor immediately. Your supervisor will assist you in taking the steps necessary to correct the error. 1

28 Paycheck Deductions The organization 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. It is the policy of the organization 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 organization 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, unless 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 2

29 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. 2 If questions or concerns about any pay deductions arise, employees may discuss and resolve them with the Human Resources Department. Garnishment/Child Support When an employee's wages are garnished by a court order, our organization is legally bound to withhold the amount indicated in the garnishment order from the employee's paycheck. Our organization will, however, honor applicable federal and state guidelines that protect a certain amount of an employee's income from being subject to garnishment. 3

30 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. Performance Reviews Your performance is important to our organization. Once each year, on or about your anniversary date, your supervisor will review your job progress within our organization and help you set new job performance plans. Our performance review program provides the basis for better understanding between you and your supervisor, with respect to your job performance, potential and development within the organization. New employees will generally be reviewed at intervals throughout the introductory period. Job Descriptions The organization maintains a job description for each position in the organization. The job description outlines the essential duties and responsibilities of the position. When the duties and/or responsibilities of a position change, the job description is revised to reflect those changes. If you have any questions or wish to obtain a copy of your position's job description, please see your supervisor. 4

31 Overtime There may be times when you will need to work overtime so that we may meet the needs of our clients. 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 their supervisor. Non-exempt employees will be paid at a rate of time and one-half their regular hourly rate for hours worked in excess of 40 hours in a workweek, unless state law provides a greater benefit in which case, we will comply with the state law. 2 Only actual hours worked count toward computing weekly overtime. If you have any questions concerning overtime pay, check with your supervisor. 5

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33 Time Away From Work and Other Benefits 3

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35 Employee Benefits Our organization 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 organization. Refer to the actual plan documents and summary plan descriptions if you have specific questions regarding the benefit plan. Those documents are controlling. The organization reserves the right to modify its benefits at any time. We will keep you informed of any changes. 3 1

36 Holidays Full-time and part-time regular employees are eligible for paid holidays immediately upon hire. Exempt employees will receive holiday pay in compliance with state and federal wage and hour laws. Part-time regular employees are eligible for holiday pay in proportion to the number of hours they normally are scheduled to work. Non-exempt employees must work their scheduled workday before and after the holiday in order to be paid for the holiday, unless they are absent with prior permission from your supervisor. Our organization normally observes the following holidays during the year: New Year s Day Martin Luther King Day Presidents Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Christmas Day If one of the above holidays falls on Saturday, it normally is observed on the preceding Friday. If a holiday falls on Sunday, it normally is observed on the following Monday. 2

37 Vacation Full-time and part-time regular employees are eligible for paid vacation time. Vacation is calculated as follows: Beginning with the first day of your first full pay period (11 th day of that period) you will begin to earn 8 hours of vacation each month, up to a maximum of 96 hours. After one year (12 months) of employment starting from your anniversary date, you earn 12 hours of vacation each month, up to a maximum of 144 hours of vacation. After five years of employment starting from your anniversary date, you earn 16 hours of vacation each month, up to a maximum of 192 hours of vacation. 3 After ten years of employment, starting from your anniversary date, you earn 20 hours of vacation each month, up to a maximum of 240 hours of vacation. Accrual ceases once you reach the maximum stated above. When you drop below this maximum amount, your normal vacation accrual rate will resume. Part-time regular employees receive paid vacation time in proportion to the number of hours they normally are scheduled to work. 3

38 Vacation must be taken in blocks of 4 hours. Vacation pay is not granted in lieu of taking the actual time off. Upon termination employees will not be paid for accrued but unused vacation. Sick Days Full-time and part-time regular employees are eligible to accrue sick time. You will accrue sick time to begin the first day of the first full pay period at the rate of 8 hours per month, to a maximum of 12 days (96 hours). Part-time regular employees are eligible for sick days in proportion to the number of hours they normally would be scheduled to work. Exempt employees will receive sick pay in compliance with state and federal wage and hour laws. You may use accrued sick time to care for your sick child. Employees are not paid for earned but unused sick days upon termination. 4

39 Jury Duty Full-time and part-time regular employees summoned for jury duty are paid the difference between their normal rate of pay and the jury duty pay for up to three days. Thereafter, the leave is unpaid. All other employees are granted an unpaid leave in order to serve. Employees must provide the organization with a copy of the court payment records in order to be compensated. Exempt employees may be provided time off with pay when necessary to comply with state and federal wage and hour laws. We reserve the right to request proof of jury service issued by the Court upon return. Make arrangements with your supervisor as soon as you receive your summons. 3 We expect you to return to your job if you are excused from jury duty during your regular working hours. 5

40 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. 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 your supervisor and arrangements for leave made as early as possible before departure. Employees are required to give advance notice of their service obligations to the organization unless military necessity makes this impossible. You must notify your supervisor 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 supervisor. 6

41 Disaster and Emergency Services Leave The organization will grant an unpaid leave of absence upon request of an employee who is a search and rescue volunteer accepted to participate in search and rescue activities by the sheriff. Such leave will continue until release from the search and rescue activities permits the employee to resume the duties of employment. Employees taking leave under this policy are not subject to removal or discharge from their position as a consequence of the leave of absence. Upon the conclusion of a leave of absence under this policy, the organization will restore you to the same position or an equivalent position without loss of seniority, vacation credits, sick leave credits, service credits under a pension plan or any other employee benefit or right that had been earned at the time of the leave of absence. 3 For more information regarding this leave, please see your supervisor. 7

42 Witness Leave Employees are given the necessary time off with pay to attend, participate or prepare for a court proceeding that is part of their job. We ask that you notify your supervisor of the need to take witness leave as far in advance as is possible. If you receive a witness fee, it should be turned over to Pathfinders. If participating as a witness for personal reasons, employees will use PTO. Juvenile Court Attendance Leave Employees are given the necessary time off with pay to attend juvenile court proceedings involving their child or a child for whom they are the legal guardian. We ask that you notify your supervisor of the need to take leave as far in advance as is possible. 8

43 Organ Donation Leave Employees who work an average of 20 or more hours per week and have accrued but unused paid time off may use up to 40 hours of this time to be screened as a potential organ donor. Please provide your supervisor with written physician verification of the purpose and length of each leave. For more information regarding this leave, please see your supervisor. School Visitation Leave Full-time and part-time regular employees who are parents, guardians or acting in place of the parents of a school-aged child and have completed their introductory period are allowed four hours with pay per year, at a mutually agreed upon time, to attend their child s school conference or classroom activity if such activity cannot be scheduled during non-work hours. 3 You must provide a written request for the leave 48 hours prior to the leave and verification from the school that you attended or were otherwise involved at the school during the time of the leave. 9

44 Bereavement Leave Full-time and part-time regular employees are eligible immediately upon hire for three paid days for the death of an immediate family member. Members of the immediate family include spouses, domestic partners, parents, brothers, sisters, children, children of domestic partners, grandchildren, grandparents, parents-in-law and parents of domestic partners. Full-time and part-time regular employees are eligible immediately upon hire for one unpaid day to attend the funeral of aunts, uncles, nieces and nephews. Part-time regular 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 supervisor as soon as possible. Our organization reserves the right to request written verification of an employee's familial relationship to the deceased and his or her attendance at the funeral service as a condition of the bereavement pay. 10

45 Leave of Absence Under special circumstances, full-time and part-time regular employees who have completed their introductory period may be granted a leave of absence without pay. The granting of this type of leave is normally for compelling reasons and is dependent upon the written approval of your supervisor. Leaves may not exceed one week. 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. 3 11

46 Domestic Violence Leave Employees who have worked an average of 25 hours or more per week and who are the victims of domestic violence, sexual assault or stalking, or who is the parent or guardian of a minor child or dependent who is a victim of domestic violence, sexual assault or stalking, shall be permitted to take unpaid leave up to a total of 12 workweeks during any 12-month period. Eligible employees must have worked for the organization for at least 180 days immediately prior to taking leave. Leave taken under this policy must be used to: (1) To seek legal or law enforcement assistance or remedies to ensure the health and safety of the employee or the employee's minor child or dependent, including preparing for and participating in protective order proceedings or other civil or criminal legal proceedings related to domestic violence, sexual assault or stalking. (2) To seek medical treatment for or to recover from injuries caused by domestic violence or sexual assault to or stalking of the eligible employee or the employee's minor child or dependent. (3) To obtain, or to assist a minor child or dependent in obtaining, counseling from a licensed mental health professional related to an experience of domestic violence, sexual assault or stalking. (4) To obtain services from a victim services provider for the eligible employee or the employee's minor child or dependent. (5) To relocate or take steps to secure an existing home to ensure the health and safety of the eligible employee or the employee's minor child or dependent. 12

47 Affected employees must give the organization reasonable advance notice, of at least two days, of their intention to take leave for a purpose stated above, except for unscheduled or emergency court appearances or other emergency circumstances where it is not practicable to do so. In such a case, the organization will take no action against affected employees if, within a reasonable time after the absence, they provide the organization with documentary evidence that their absence was required for any of the above reasons. The organization will hold the information that employees provided to the organization in order to request leave in confidence, except to the extent that disclosure is: (1) requested or consented to in writing by the employee; or (2) otherwise required by applicable federal or state law. Affected employees may elect to use accrued paid or unpaid leave (including family, medical, sick, annual, personal or similar leave) for an equivalent period of leave provided under this policy. 3 This leave does not create a right for employees to take unpaid leave that exceeds the unpaid leave time allowed under, or in addition to unpaid leave time permitted by other state or federal leave laws. Leave under this policy may run concurrently with leave taken in accordance with the Oregon Family Leave Act. 13

48 Victims of Crime Leave The organization will grant reasonable and necessary leave from work without pay, to employees when the employee or the employee's spouse, domestic partner, father, mother, sibling, child, stepchild or grandparent is a victim of a crime to attend or participate in legal proceedings pertaining to the crime. To be eligible for leave, employees must have worked an average of 25 or more hours per week for at least 180 days before requesting such leave. Affected employees must provide the organization with reasonable advance notice that leave under this policy is required. Exempt employees may be provided time off with pay when necessary to comply with state and federal wage and hour laws. 14

49 Medical Insurance Eligible full-time and part-time regular employees may enroll in a single, a single plus one dependent or a family contract the first of the month following three months of employment. Information and enrollment forms may be obtained from the Pathfinders Administration Office. To assist you with the cost of this insurance, our organization pays for the employee and a percentage of a single plus one dependent or a family contract. You are responsible for paying the balance through payroll deduction. Participating employees are also covered under our medical insurance plan s dental insurance, prescription drug and vision care programs. A booklet containing the details of the plan and eligibility requirements may be obtained from your supervisor. 3 Refer to the actual plan document and summary plan description if you have specific questions regarding this benefit plan. Those documents are controlling. 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 supervisor. 15

50 When an employee turns 65, he or she will be given the opportunity to waive Pathfinder s medical coverage and go on Medicare. If company coverage is waived, the equivalent cost of that coverage will be put into an individual flexible spending plan for the employee s use in covering the cost of supplemental insurance premiums (Plan B, etc.) and/or other medical expenses. COBRA You and your covered dependents will have the opportunity to continue medical benefits for a period of up to 36 months under the provisions of the Consolidated Omnibus Budget Reconciliation Act (COBRA) when group medical 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 plan; or you become divorced or legally separated; or you become entitled to Medicare. 16

51 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, contact the Pathfinders Administration Office. you may Life Insurance Eligible full-time and part-time regular employees may enroll in this plan on the first of the month following ninety days of employment. 3 You must complete an insurance form and designate your beneficiary. The cost of this insurance is fully paid by the organization. Participating employees may also be covered under the plan s Accidental Death and Dismemberment rider. Complete details of this plan may be obtained from your supervisor. 17

52 Section 125 Plans Our organization 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 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 supervisor. 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. 18

53 Disability Leave Full-time and part-time regular employees are eligible for an unpaid disability leave after completing their introductory period. Disability leave due to nonoccupational illness, injury or pregnancy-related disability is not to exceed two weeks. Granting this leave prior to the completion of the eligibility period and/or beyond the maximum period stated above may be required as a reasonable accommodation in accordance with the Americans with Disabilities Act. Employees requesting leave must provide written notice of the disability, including a doctor's certificate stating the nature of the disability and the expected date of return to work. If you qualify for a leave under the Family and Medical Leave Act, we will continue to maintain health benefits under the same terms and conditions applicable to employees not on leave. Otherwise, to the extent allowed by the insurance contract, we will continue to provide medical insurance coverage for employees on authorized disability leave for the full length of the disability. During this time you will be responsible for paying your portion of the monthly premium(s). 3 When you are able to return to work, give us at least one week s advance written notice. Include a doctor's certificate stating that you are medically able to return to your normal duties. We reserve the right to require a physical examination by a physician of our own choosing prior to your resumption of duties, as allowed by state law. 19

54 If your leave is covered by the Family and Medical Leave Act, we will return you to the same or an equivalent position, consistent with our policy. Otherwise, we will return you to the same or similar position you held prior to the disability leave, subject to our staffing and business requirements. Your continued absence from work beyond your disability (as determined by your physician) will be deemed a voluntary termination of your employment. This leave may run concurrently with the Federal Family and Medical Leave Act and/or any other leave where permitted by state and federal law. Federal Family and Medical Leave Act The Family and Medical Leave Act ( FMLA ) provides eligible employees the opportunity to take unpaid jobprotected leave for certain specific reasons. The maximum amount of leave an employee may use is either 12 or 26 weeks within a 12-month period depending on the reasons for the leave. Employee Eligibility To be eligible for FMLA leave, you must: 1. have worked at least 12 months for the organization in the preceding seven years (limited exception apply to the seven-year requirement; 20

55 2. have worked at least 1,250 hours for the organization over the preceding 12 months; and 3. currently work at a location where there are at least 50 employees within 75 miles. Conditions Triggering Leave FMLA leave may be taken for the following reasons: 1. birth of a child, or to care for a newly-born child (up to 12 weeks); 2. placement of a child with the employee for adoption or foster care (up to 12 weeks); 3. to care for an immediate family member (employee's spouse, child, or parent) with a serious health condition (up to 12 weeks); 3 4. because of the employee's serious health condition that makes the employee unable to perform the employee's job (up to 12 weeks); 5. to care for a covered service member with a serious injury or illness related to certain types of military service (up to 26 weeks) (see Military- Related FMLA Leave for more details); or 21

56 6. to handle certain qualifying exigencies arising out of the fact that the employee's spouse, son, daughter, or parent is on duty under a call or order to active duty in the Armed Forces (e.g., National Guard or Reserves) in support of a contingency operation (up to 12 weeks) (see Military-Related FMLA Leave for more details). The maximum amount of leave that may be taken in a 12-month period for all reasons combined is 12 weeks, with one exception. For leave to care for a covered service member, the maximum combined leave entitlement is 26 weeks, with leaves for all other reasons constituting no more than 12 of those 26 weeks. Definitions A Serious Health Condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee's job, or prevents the qualified family member from participating in school or other daily activities. Subject to certain conditions, the continuing treatment requirement includes an incapacity of more than three full calendar days and two visits to a health care provider or one visit to a health care provider and a continuing regimen of care; an incapacity caused by pregnancy or prenatal visits, a chronic condition, or permanent or long-term conditions; or absences due to multiple treatments. Other situations may meet the definition of continuing treatment. 22

57 A covered service member is a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness. The term serious injury or illness means an injury or illness incurred by the member in the line of duty while on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member s office, grade, rank, or rating. Qualifying exigencies include activities such as shortnotice deployment, military events, arranging alternative childcare, making financial and legal arrangements related to the deployment, rest and recuperation, counseling, and post-deployment debriefings. Identifying the 12 Month Period The 12-month period in which 12 weeks of leave may be taken is a rolling backward 12-month period from the date an employee uses any FMLA. For leave to care for a covered service member, the organization calculates the 12-month period beginning on the first day the eligible employee takes FMLA leave to care for a covered service member and ends 12 months after that date. FMLA leave for the birth or placement of a child for adoption or foster care must be concluded within 12 months of the birth or placement. 3 23

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