Employee Policy Handbook

Transcription

1 Employee Policy Handbook This Employee Policy Handbook is the property of Triangle Services, Inc. and must be returned to the Company upon termination of employment. Table of Contents I. INTRODUCTION... 6 II. AT-WILL EMPLOYMENT POLICY... 6 III. EQUAL EMPLOYMENT OPPORTUNITY AND HARRASSMENT POLICY... 6 a. Sexual Harassment... 7 b. Other forms of Harassment... 9 c. Reporting and Investigation d. Retaliation... 11

2 IV. EMPLOYMENT STATUS a. Employee Classifications b. New Employees-Introductory Period of Employment... 1 V. EMPLOYEE CONDUCT VI. ATTENDANCE a. Attendance and Punctuality VII. WORK SCHEDULES a. Meal and Rest Periods VIII. PAYROLL a. Timekeeping Requirements b. Payday c. Overtime IX. HOLIDAYS AND VACATIONS a. Holidays b. Vacation X. LEAVES OF ABSENCE a. Sick Pay b. Kin Care c. Family and Medical Leave Act (FMLA) d. Bereavement Leave e. Personal Leave f. Military-Related Leaves g. Jury Duty and Witness Leave XI. OTHER BENEEFIT INFORMATION a. Medical Insurance Plans and Continuation Rights b. Worker s Compensation Insurance... 34

3 XII. DRUG-FREE WORKPLACE POLICY XIII. VIOLENCE-FREE WORKPLACE POLICY XIV. CONFIDENTIALITY AND PROPRIETARY INFORMATION POLICY XV. NON-FRATERNIZATION POLICY XVI. OUTSIDE EMPLOYMENT POLICY XVII. OPEN DOOR POLICY XVIII. EMPLOYEE UNIFORM PROGRAM & DRESS CODE POLICY a. Uniforms b. Office Personnel Dress Guidelines XIX. RADIO AND CELL PHONE OPERATION RULES XX. ACKNOWLEDGEMENT OF RECEIPT OF EMPLOYEE HANDBOOK... 41

4 I. INTRODUCTION The Employee Policy Handbook ("Handbook") provides an overview of Company s employment policies and procedures. It is not intended to anticipate every situation or answer every question you may have regarding your employment. The Handbook is not an employment contract and, other than the Company's at-will employment policy, the Company may, from time to time, in its sole and absolute discretion, change, alter, rescind, modify, delete or add to any policies, benefits, or practices described in this Handbook Only Company s CEO has the authority to change, alter, rescind, modify, or delete the Company's at-will employment policy. Please read the Handbook carefully. If there are any sections of the Handbook that you do not understand, ask for clarification from your supervisor or manager. II. AT-WILL EMPLOYMENT POLICY Unless Company and an employee enter into a written employment agreement for a specified term, which written agreement is signed on behalf of Company by its CEO, all employment with Company is and at all times will remain "at-will". This means that all such employees are free to resign from their employment with Company at any time. Similarly, Company may terminate any such employee at any time, for any reason not prohibited by law, with or without notice or cause. This at-will employment status cannot be altered by any oral or written representations other than a written employment contract signed by the employee and Company s CEO. III. EQUAL EMPLOYMENT OPPORTUNITY AND HARASSMENT POLICY Company is committed to providing equal employment opportunities to all applicants and employees and prohibits all forms of harassment and discrimination because of race, color, religion, sex, gender, gender identity, gender expression, national origin, ancestry, age over 40, sexual orientation, veteran status, marital status, pregnancy, mental or physical disability, medical condition, genetic information, or any other basis protected by law. Company will provide reasonable accommodations to otherwise qualified disabled employees to the extent the accommodation will enable the employee to perform the essential functions of their job and will not create an undue hardship, and will provide 2

5 reasonable religious accommodations, all in accordance with applicable law. Further information relating to reasonable accommodations is available from the Employee Satisfaction Department. If you believe that you need an accommodation because of a disability, please speak with your supervisor or the Employee Satisfaction Department. No employee of Company may discriminate against or harass any employee, applicant, client, vendor, or visitor on any basis prohibited by law. This policy applies to the conduct of employees of Company, as well as conduct by other persons (such as applicants, clients and vendors) who have business contact with Company employees. It is the responsibility of every employee of Company to follow this policy conscientiously. Violation of this policy will lead to discipline, up to and including termination from employment. A. Sexual Harassment Sexual harassment in the workplace is illegal and ALL employees are forbidden from engaging in such activity in any manner. Triangle is committed to providing a work environment free from all forms of sexual harassment or intimidation. This policy applies to all applicants and employees, whether related to conduct engaged in by an employee or someone not directly connected to Triangle (e.g., outside vendors, consultants, customers, contractors). This sexual harassment policy includes, but is not limited to, inappropriate forms of behavior described below under the Definition of Sexual Harassment. To assure compliance with this policy, supervisors and managerial personnel must take timely and appropriate corrective action when instances of sexual harassment or other forms of harassment come to their attention. In accordance with applicable law, appropriate disciplinary action, which may include termination, will be taken against any individual who violates this policy. All employees shall refrain from prohibited conduct. Retaliation against any individual because he or she has filed a discrimination or harassment complaint is illegal and will result in disciplinary action in accordance with applicable law. Intimidation, coercion, threats, reprisals or discrimination against any individual resulting from the filing of a complaint under this policy are prohibited. 3

6 DEFINITION OF SEXUAL HARASSMENT: Sexual Harassment constitutes discrimination and is illegal under federal, state and local laws. Sexual harassment is defined under the Equal Employment Opportunity Commission Guidelines as verbal, visual or physical conduct of a sexual nature where: there is an attempt, either implicit or explicit, to make submission to such conduct a term or condition of an individual s employment; submission to or rejection of such conduct by an individual is used as the basis for employment-related decisions; or such conduct has the purpose or effect of unreasonably interfering with an individual s work performance or creating an intimidating, hostile or offensive work environment. Sexual harassment refers to behavior that is not welcome; that is, or would be, offensive to a person of reasonable sensitivity and sensibilities; that fails to respect the rights of another; and that, therefore, unreasonably interferes with an employee's work performance and effectiveness, or creates an intimidating, hostile or offensive working environment. It makes no difference if the harassment is just joking or teasing or playful. Such conduct may be just as offensive as any other type of prohibited harassment. Specific forms of behavior that may constitute sexual harassment include, but are not limited to, the following: VERBAL: Explicit or implicit threats of retribution, or promises of benefits, in return for sexual favors. Abusive language related to an employee's sex or sexual preference, including sexual innuendoes, slurs, suggestive, derogatory or insulting comments or sounds, whistling, jokes of a sexual nature or concerning gender-specific traits, sexual propositions and threats. Use of demeaning or offensive words when referring to a particular sex or sexual preference. Demands for sexual favors or sexually oriented comments about an employee s body or appearance, sexual habits, sexual preference, or sexual desirability that are 4

7 unwelcome and unreasonably interfere with an employee s work performance by creating an intimidating, hostile, or offensive working environment. NONVERBAL: Sexual harassment is not limited to oral comments. Abusive written language, showing or displaying pornographic or sexually explicit objects or pictures, graphic commentaries or obscene gestures in the workplace, which unreasonably interferes with an employee's work performance or creates an intimidating, hostile, or offensive working environment, are also prohibited. PHYSICAL Any sexual advance involving physical contact that is not welcome, including touching, petting, pinching, coerced sexual intercourse, or assault. B. Other Forms of Prohibited Harassment Just as sexual harassment is strictly prohibited, so is harassment on the basis of race, color, religion, creed, national origin, citizenship, age, disability, pregnancy, marital status, veteran status, sexual orientation or any other status protected by law. Triangle is committed to providing a work environment free from all forms of prohibited harassment or intimidation. Definition of Prohibited Harassment: Verbal or physical conduct constitutes prohibited harassment when: It is based on an applicant or employee's race, color, religion, creed, national origin, citizenship, sex, age, disability, pregnancy, marital status, veteran status, sexual orientation or other protected status; -AND- Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. Prohibited harassment refers to behavior that is based on a protected classification; that is not welcome; that is, or would be, offensive to a person of reasonable sensitivity and sensibilities; that fails to respect the rights of another; and that, therefore, unreasonably interferes with an employee's work performance and effectiveness, or creates an intimidating, hostile or offensive working environment. It makes no difference if the 5

8 harassment is just joking or teasing or playful. Such conduct may be just as offensive as any other type of harassment. Specific forms of behavior that may constitute prohibited harassment include, but are not limited to, the following: Abusive language related to an employee's race, color, religion, creed, national origin, citizenship, sex, age, disability, pregnancy, marital status, veteran status, sexual orientation or other protected status, including innuendoes, slurs, suggestive, derogatory or insulting comments or sounds, threats, and jokes based on the employee's protected status. Use of demeaning or offensive words when referring to an employee's race, color, religion, creed, national origin, citizenship, sex, age, disability, pregnancy, marital status, veteran status, sexual orientation or other protected status. Prohibited harassment is not limited to oral comments. Abusive written language, transmitted via or otherwise, showing or displaying offensive objects or pictures, graphic commentaries or gestures in the workplace, which unreasonably interferes with an employee's work performance or creates an intimidating, hostile, or offensive working environment, are also prohibited. Any physical contact based on an employee's race, color, religion, creed, national origin, citizenship, sex, age, disability, pregnancy, marital status, veteran status or other protected status that is not welcome. C. Reporting and Investigation Any employee, who believes that he/she has been the victim of unlawful harassment, or who has any knowledge of that kind of behavior, is urged to report such conduct immediately to their supervisor, or to the Corporate Employee Satisfaction Department at (516) It is strongly encouraged that an employee file a written complaint. All complaints should be filed as promptly as possible after the complainant has concluded that the policy has been violated. All complaints of sexual harassment or other forms of harassment and the investigation of the complaint(s) are confidential to the maximum extent consistent with law and Triangle' obligations to conduct a thorough investigation. 6

9 When a complaint is filed, Triangle will commence a timely and thorough investigation. All individuals are hereby directed and required to cooperate with Triangle in fulfilling its investigative function, in accordance with applicable laws. Notice of the complaint shall be given to the accused prior to the questioning of the accused. The accused shall be afforded an opportunity to present his or her version of events in the presence of a union representative or attorney where required by law. Both the complainant and the accused will be given written notice of the results of the investigation which shall be kept confidential to the maximum extent consistent with law until such time as disciplinary action, if any, is taken. If it is determined that sexual harassment or other form of harassment prohibited by Triangle policy has occurred, appropriate disciplinary action will be taken in accordance with applicable law. Follow-up interview(s) with the complainant will be conducted for an appropriate period of time, to ensure that the harassment has not resumed and that no retaliatory action has been taken. D. No Retaliation Company will not tolerate retaliation against anyone who has made a good faith complaint about possible prohibited harassment or discrimination, opposed conduct that he or she reasonably believes constitutes prohibited harassment or discrimination, or has cooperated in an investigation, proceeding, or hearing about possible prohibited harassment or discrimination. Retaliation includes taking any adverse action or threatening to take adverse action against someone who has engaged in conduct protected by this policy or the law. Retaliation itself is a violation of this policy. Any employee who is the subject of, who has knowledge of, or who witnesses any possible prohibited retaliation is expected to immediately bring such information to the attention of Company s Employee Satisfaction Manager or company s CEO. Any supervisor who has knowledge of, or who witnesses any possible prohibited retaliation must immediately bring such information to the attention of Company s Employee Satisfaction Manager. Any person who engages in retaliatory conduct will be subject to discipline, up to and including termination. 7

10 IV. EMPLOYMENT STATUS A. Employee Classifications REGULAR FULL-TIME EMPLOYEES: Regular full-time employees are those who are regularly scheduled to work 40 or more hours per week. REGULAR PART-TIME EMPLOYEES: Regular part-time employees are those who are regularly scheduled to work on a continuing part-time basis, i.e., 25 hours or less per week. TEMPORARY EMPLOYEES: Temporary employees are those employed for short-term assignments or in connection with a specific project or event. Short-term assignments generally are for periods of three months or less; however, such assignments may be extended beyond this time. Temporary employees are not eligible for employee benefits, except those mandated by applicable law. EXEMPT AND NON-EXEMPT: In addition to the above categories, employees are classified as exempt or non-exempt In general, exempt employees are not subject to the overtime requirements of state and federal law. Each employee will be informed when hired whether he or she is an exempt or non-exempt employee. The Company classifies each position as exempt or non-exempt based on its expectations of the duties performed and authority exercised by the employee occupying the position. Employees who have questions about whether they are correctly classified or who believe they have been misclassified should bring their concerns to the Employee Satisfaction Department as soon as possible The Company will re-evaluate the position, and make any corrections that are warranted B. New Employees Introductory Period of Employment All new employees must complete a ninety (90) day introductory period (also known as the "Probationary Period") During this period, a supervisor will orient new employees to their jobs and to the Company, as well as provide new employees with necessary forms, information about benefits and regulations, and further orientation and training at Company s discretion, an employee's introductory period may be extended. 8

11 During the introductory period of employment, employees will not accrue vacation, nor are they eligible to participate in other Company benefits, except where otherwise required by law. After successful completion of the introductory period, an employee will become a regular full-time or part-time employee. An employee's length of service dates back to the initial date of his or her employment. Of course, the Company will continue to evaluate an employee's performance following the introductory period and throughout an employee's employment completion of the introductory period is not a guarantee of continued employment. Both during and after the introductory period, employment with the Company is "at will" and may be terminated by the employee or Company, at any time, with or without cause. Absences and tardiness may also result in disciplinary action, including dismissal, during the introductory period of employment. V. EMPLOYEE CONDUCT Employees are expected to comply with Company s policies and procedures, and the directions of their supervisor(s). All employees are expected to act as professionals at all times and must display exemplary behavior. Employees are expected to be courteous and helpful. If confronted in any way while in the field, employees should leave a location rather than argue with someone who has confronted them, and finish the job later that day. Employees must report any incidents to their supervisor and/or manager immediately. The following are examples of the types of conduct that are not acceptable and may cause Company to impose discipline, up to and including termination of employment. Of course, it is not possible to list every type of potential unacceptable conduct and the following list provides examples only and is not exhaustive. As stated elsewhere in this Handbook, all employment with the Company is at-will, and either the employee or Company may terminate the employment relationship at any time, for any reason, with or without cause, with or without notice. Company s use of disciplinary measures under this policy does not alter an employee's at-will status. 9

12 Examples of unacceptable conduct include: Making false statements or falsifying or withholding information on any Company document, including personnel records, employment applications, personnel questionnaires, work performance reports, time records, or any other records or reports or in the course of your employment Performance of work below required standards Failure to perform assigned duties Insubordination Refusing to work overtime Failing or refusing to cooperate in investigations conducted by Company Negligence or willful misconduct in the performance of duties likely to cause or actually causing personal injury or property damage Arguing with, or being rude to, members of the public while on the job Failure to comply with the Company s or departmental rules, including safety and sanitation standards Destroying, wasting, or willfully damaging the Company s property or the property of another Fighting or attempting to cause injury or threatening the same to another while on Company premises, or while representing the Company on the job Unauthorized use or disclosure of any confidential information of the Company Violation of the Company s security policies or procedures Using the Company s materials, property or services for non-company purposes or personal gain, or removing or disposing of the Company s materials, property, supplies or equipment without proper authority Dishonesty Theft or unauthorized possession of Company assets or property, or property belonging to clients, visitors or co-workers Making or publishing false or malicious statements concerning the Company, its services, or its employees Excessive tardiness and/or unexcused absences Any period of unauthorized absence Falsifying reasons for a leave of absence or not reporting to work after completion of an authorized leave 10

13 Failure to report a work-related injury to management The possession, use, or distribution of illegal and/or non-medically prescribed drugs on Company property and/or while on the job Use or possession of alcohol on Company premises or in Company vehicles, or being under the influence of alcohol during work time Unlawful gambling Engaging in conduct in the workplace that violates any federal, state or local law, ordinance, or regulation Failure to conform to Company personal appearance standards Possession of firearms and illegal weapons while on Company premises and/or in Company vehicles Violation of the Solicitation and Distribution Policy Smoking in posted non-smoking areas Loitering in the break rooms or restrooms, and/or sleeping during an assigned work period Leaving the premises before the work shift is completed without authorization Engaging in conduct that violates any Company policy Unsafe driving VI. ATTENDANCE A. Attendance and Punctuality The success of the Company depends upon the cooperation and commitment of each member of our team. Therefore, employee attendance and punctuality are extremely important. Employees are expected to report to work as scheduled, on time, and prepared to start work. Employees also are expected to remain at work for their entire work schedule, except for meal periods or when required to leave on authorized Company business. Late arrival, early departure, or other unanticipated and unapproved absences from scheduled hours are disruptive and must be avoided. 11

14 If you are unable to report for work on time on any particular day, you must call your supervisor before the time you are scheduled to begin working for that day to let him/her know that you will be late and/or absent. There may be times when your absence or tardiness cannot be avoided In such cases, you are expected to notify the office as early as possible If you know of your need to be absent or tardy in advance, advise your supervisor and obtain his/her acknowledgement. Simply notifying your supervisor that you will be absent or tardy does not mean the absence or tardiness is excused. Absences fall into any of the following categories: Scheduled an absence is scheduled in advance, for personal business which cannot be conducted outside of normal work hours. Paid Time Off is used for this purpose. Excused absences are discussed with your Supervisor and excused prior to the absence. Unexcused absences are not discussed, nor excused in advance An employee is responsible for notifying his/her supervisor of an absence as early as possible, preferably three (3) hours before the start time, but a minimum of one (1) hour prior to the start of the scheduled workday. If you are absent due to illness for more than two (2) consecutive days, the Company reserves the right to require a doctor's certificate before your return to work. Unexcused absences of three (3) or more days may result in your discharge for voluntary job abandonment. No Call, No Show not reporting to work and not calling to report the absence. The first instance of a no call, no show will result in a final written warning. The second separated offense may result in termination. Unless you made other arrangements with your supervisor, you should call your supervisor each day of your absence. If you fail to notify your supervisor of your absences for three (3) consecutive days, you will be considered to have voluntarily terminated your employment with our Company as of the first day of the unreported absence. 12

15 VII. WORK SCHEDULES The workweek begins Sunday at 12:00 am (midnight) and ends Saturday at 11:59 pm The first shift (day) begins please confer with you particular branch for correct hours The second shift (swing) begins at please confer with your particular branch for correct hours All employees are expected to be at their desks or workstations at the start of their scheduled shifts, ready to work. Work Schedules are subject to change A. Meal and Rest Periods Typically all full-time nonexempt employees are given a paid 15-minute rest break for each four-hour work period. Breaks should not be permitted at either the beginning or end of the work day to offset arrival and departure times. Employees are expected to take their breaks; however, employees who voluntarily work through their break periods will not be permitted additional compensation. The supervisor will determine the precise time for each break, based on the demands of the work schedule. All nonexempt employees who work a six, to eight-hour or longer shift are permitted a noncompensable meal break of at least 30 minutes depending on the labor regulations in that state (check with Employee Satisfaction for specific state regulations). An additional paid 15 minute break is permitted after eight (8) hours or work, if a person is working overtime. Meal breaks are not counted toward worked hours. Employees are to be completely relieved from duty during their meal break. If an employee is required to perform any work duties while on his or her meal break period, the employee must be compensated for the time spent performing work duties. The time spent working during the meal break will be counted toward the total hours worked. Failure to return on time from breaks or lunch will subject the employee to disciplinary action. 13

16 VIII PAYROLL A. Timekeeping Requirements Government regulations require the company to keep an accurate record of hours worked by employees. As such, time reporting mechanisms (timesheet, punch card, time clock) have been put into place for each location. The method used depends on technical capabilities and/or customer preference. As a result, the company has put into place a time reporting policy that requires all employees to appropriately report their time to payroll. Payroll begins on a Sunday and ends on a Saturday and is processed on a weekly or bi-weekly basis depending on your classification. It is the employee s responsibility to submit their time by the deadlines set forth by payroll. If you know that you will not be working the day that timesheets/time cards are due, you must make arrangements in advance to get your time in by the deadline. In order to ensure the accuracy of electronic records, all time reporting records must indicate any leave (Vacation, Holiday, Personal Day, Jury Duty, Bereavement, etc.) taken by an employee and be signed by both the employee and the employee s supervisor. Please note that employees eligible for additional hours of work must obtain management approval prior to working any hours in excess of their scheduled shift. By signing a time reporting record, employees certify that the information provided is true and accurate. Employees are prohibited from falsifying any time reporting record and if found to be doing so will be subject to disciplinary action up to and including termination, and repayment of the sum(s) wrongfully paid. If you have any further questions about time reporting procedures, please contact your supervisor or department manager. All employees are required to follow the procedures put into place for their department. B. Payday All paychecks are processed on a weekly or bi-weekly basis depending on your classification. Please confer with you particular branch for you specific payday. 14

17 The Company cannot release paychecks to family members, friends or other employees without written authorization from the employee receiving the check. C. Overtime At times, it may be necessary for employees to work overtime Every effort will be made to provide you with advance notice of any overtime that will be required of you. We expect and will appreciate your cooperation. Only actual hours worked in a given workday or workweek can apply in calculating overtime Paid time off such as vacation, sick leave, and holidays, does not count toward hours worked, nor are lunch periods considered hours worked. A supervisor must pre-authorize all overtime work Non-exempt employees shall be paid for all overtime hours worked in accordance with state and federal law. For purposes of computing overtime, the Company s workweek runs from Monday at 12:00 am (midnight) through Sunday at 11:59 pm, and the workday runs from 12:00 am through 11:59 pm Exempt employees are compensated at a fixed salary and do not receive overtime compensation. IX HOLIDAYS AND VACATIONS A. Holidays Employees may be eligible for paid holidays. For specific information pertaining to your eligibility, please see the Benefits Matrix that has been provided to you. Holiday List New Year s Day President s Day Memorial Day Independence Day 15

18 Labor Day Thanksgiving Day Christmas Day If eligible for paid holidays, employees will receive the average daily hours worked over the past 4 weeks which shall not exceed eight (8) hours of compensation at your regular straight time rate of pay for each of the above holidays. To be eligible for any holiday pay, employees must work the regularly scheduled workday before and after the holiday unless excused by a Supervisor as authorized vacation. An authorized vacation day that falls on a holiday will not be counted as a vacation day. If you are requested to work on a holiday, you will receive your regular rate of pay (including any applicable overtime premiums) for all hours worked in addition to any holiday pay for which you are otherwise eligible. If the holiday falls on a Saturday, you will be given Friday off If the holiday falls on Sunday, you will be given Monday off. In order to be eligible for holiday pay, an employee must be regularly scheduled to work on the day on which the holiday is observed and must work his or her regularly scheduled working hours on the days immediately preceding and immediately following the holiday, unless an absence on either day is approved in advance by your supervisor B. Vacation Employees may be eligible for paid vacation days For specific information pertaining to your eligibility for paid vacation days, please see the Benefits Matrix that has been provided to you. There is no paid vacation time available for hourly, non-administrative employees, unless a vacation policy is dictated by a customer contract, collective bargaining agreement, etc., or where Triangle Services has a documented, authorized, written policy in place for a particular site 16

19 For those employees who are eligible for paid vacation time, the following general guidelines apply: Eligible employees shall only be eligible to use vacation earned in the preceding calendar year, i.e., vacation earned in calendar year 2011 may only be taken in calendar year Eligible employees with less than 3 full years of continuous service are entitled to 5 days of vacation per calendar year. New employees shall earn vacation on a pro-rata basis, i.e., an eligible employee who starts working on July 1, 2011, is eligible for 2 ½ days of vacation in The employee would then be eligible for 5 days vacation in calendar year After completion of three full calendar years of continuous service, each eligible employee shall be entitled to take (10) vacation days in the following calendar year. After the completion of the sixth calendar year of continuous service, each eligible employee will be entitled to take fifteen (15) days vacation in the following calendar year. X. LEAVES OF ABSENCE In addition to providing the benefits and leaves of absence described in this Handbook, Company provides other benefits and leaves of absence required by law, including by the Federal Family and Medical Leave Act ("FMLA"). Company reserves the right to eliminate or modify its benefits and leave of absence policies at any time to the full extent legally permissible Employees with questions regarding these policies and/or eligibility should contact their manager or the Employee Satisfaction Department A. Sick Pay Employees may be eligible for paid sick days For specific information pertaining to your eligibility for paid sick days, please see the Benefits Matrix that has been provided to you Sick days are to be used only in connection with an employee's own illness or an illness in the employee's immediate family. 17

20 Sick days may not be carried over from one calendar year to the next, and no payments are made for accrued unused sick days at the end of any calendar year or in the event of termination of employment Sick pay is not available for "personal" absences. The Company will not tolerate abuse or misuse of your sick pay privilege. The Company may, at its discretion, require certification from a health care professional that an absence was medically necessary and/or that an employee is medically able to return to work. B. Kin Care Eligible employees may use all of their yearly sick pay accrual for absences required to attend to a child, parent, spouse, registered domestic partner, or registered domestic partner's child who is ill or injured For purposes of this policy, a "child" is defined as a biological, foster, or adopted child; stepchild; or a legal ward. A "child" also may be someone for whom you have accepted the duties and responsibilities of raising, even if he or she is not your legal child A "parent" is your biological, foster, or adoptive parent; stepparent; or legal guardian A "spouse" is your legal spouse according to the laws of California, which do not recognize "common law" spouses (a union that has not been certified by a civil or religious ceremony) A "registered domestic partner" is another adult with whom you have chosen to share your life in an intimate and committed relationship of mutual caring, and with whom you have filed a Declaration of Domestic Partnership with the Secretary of State A "registered domestic partner's child" is the biological, foster or adopted child, stepchild, or legal ward of your registered domestic partner A "registered domestic partner's child" also may be someone for whom your registered domestic partner has accepted the duties and responsibilities of raising, even if he or she is not your registered domestic partner's legal child All conditions and restrictions placed on an employee's use of sick pay apply also to sick pay used for care of a child, parent, or spouse 18

21 C. Family and Medical Leave Act (FMLA) The federal Family and Medical Leave Act of 1993 (FMLA), as amended in 2008, requires employers with 50 or more employees to provide eligible employees with unpaid leave. There are two types of leave available, including the basic 12-week leave entitlement (Basic FMLA Leave), as well as the military family leave entitlements (Military Family Leave) described in this Policy. In addition to FMLA leave, employees may also be eligible for leave under a similar state law. To find out about the availability of state leave, contact the Employee Satisfaction (HR) Department. Employees are eligible for FMLA leave if they: Have worked for Triangle for at least 12 months; Have worked at least 1,250 hours for Triangle during the 12 calendar months immediately preceding the commencement of leave; and Are employed at a worksite that has 50 or more employees within a 75-mile radius. The 12 months of service does not need to be consecutive. An employee will be considered to have been employed for an entire week, even if the employee was on the payroll for only part of a week or of the employee was on leave during the week. Employees rehired by Triangle will receive service credit for purposes of FMLA eligibility unless the break in their service was seven years or more. However, if the break in service was a result of the employee s service with the National Guard or Reserve, this service will be credited regardless of the length of the break. Employees with any questions about their eligibility for FMLA leave should contact the Employee Satisfaction (HR) Department for more information. Basic FMLA Leave Employees who meet the eligibility requirements described above are eligible to take up to 12 weeks of unpaid leave during any 12-month period for one of the following reasons: Due to the birth of the employee s son or daughter and to care for the child during the first 12 months following birth; Placement of a son or daughter with the employee for adoption or foster care and to care for the child during the first 12 months following placement; 19

22 To care for a spouse, son, daughter, or parent ( covered relation ) with a serious health condition; or Because of the employee s own serious health condition that renders the employee unable to perform an essential function of his or her position. The relevant 12-month period used to determine eligibility for Basic FMLA Leave will be calculated on a rolling basis, measured backwards from the date the employee uses any such leave. In cases where a husband and wife are both employed by Triangle, the combined total of leave taken may not exceed 12 weeks during any 12-month period for reasons 1 and 2 above, or to care for a parent with a serious health condition pursuant to reason 3. For purposes of this Policy, the following definitions shall apply: Spouse: A husband or wife as defined or recognized under state law. Son or Daughter: A son or daughter is defined as a biological, adopted or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis. For purposes of Basic FMLA Leave, the son or daughter must be under 18 years of age or incapable of self-care because of mental or physical disability. Parent: For purposes of Basic FMLA Leave, the biological parent of an employee or an individual who stands or stood in loco parentis to an employee when the employee was either under 18 years of age or incapable of self-care. Serious Health Condition: A serious health condition is an illness, injury, impairment, or physical or mental condition that involves: inpatient care in a hospital, hospice or residential medical care facility; or Inpatient care means an overnight stay in a hospital, hospice, or residential medical care facility and any resulting period of incapacity or treatment. continuing treatment or care by a licensed health care provider. Continuing treatment includes one the following: a period of incapacity of more than 3 consecutive calendar days and (i) treatment 2 or more times by a health care provider within 30 days of the first day of incapacity (unless extenuating circumstances exist); or (ii) treatment by a health care provider which results in a regimen of continuing treatment; The first treatment visit must take place within 7 days of the first day of incapacity. a period of incapacity due to pregnancy or for prenatal care; 20

23 a period of incapacity or treatment for a chronic serious health condition which requires periodic visits for treatment (at least 2 visits per year) by a health care provider; a period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective; or a period of absence to receive multiple treatments for (1) restorative surgery after an accident or injury or (2) an injury or condition which would result in incapacity of more than 3 consecutive calendar days if left untreated. Ordinarily, unless complications arise, the common cold, flu, ear aches, upset stomach, ulcers, headaches other than migraines, routine dental problems, etc. do not qualify as serious health conditions. In addition, routine medical examinations are not considered serious health conditions, and neither are voluntary cosmetic treatments, unless inpatient care is required or complications develop. Military Family Leave There are two types of Military Family Leave available: Qualifying Exigency Leave and Covered Servicemember Leave. For purposes of these leaves only, the term son or daughter includes a biological, adopted, or foster child, a stepchild, a legal ward, or a child for whom the employee/servicemember stood in loco parentis, and who is of any age. Qualifying Exigency Leave Employees meeting the eligibility requirements may be entitled to use up to 12 weeks of their Basic FMLA Leave entitlement to address certain qualifying exigencies. Leave may be used if the employee s spouse, son, daughter, or parent is on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation, or if the individual is called to active duty and is a retired member of the Regular Armed Forces or Reserves. Qualifying exigencies may include: Short-notice deployment (up to 7 days of leave); Attending certain military events and related activities; Arranging for alternative childcare and attending certain school meetings; Addressing certain financial and legal arrangements; Spending time with a covered servicemember who is on short-term rest and recuperation leave (up to 5 days of leave); Attending certain counseling sessions; 21

24 Attending post-deployment activities that occur up to 90 days after the termination of the covered servicemember s active duty status; and Other activities arising out of the servicemember s active duty or call to active duty status which are agreed upon by Triangle and the employee. The relevant 12-month period used to determine eligibility for Qualifying Exigency Leave will be calculated on a rolling basis, measured backwards from the date the employee uses any such leave. Covered Servicemember Leave There is also a special leave entitlement that permits employees who meet the eligibility requirements for FMLA leave to take up to 26 weeks of unpaid leave during a single 12-month period to care for an immediate family member (spouse, child, parent) or next of kin (nearest blood relative) who is a covered servicemember. A covered servicemember is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has incurred a serious injury or illness in the line of duty while on active duty that may render the servicemember medically unfit to perform the duties of his or her office, grade, rank or rating, and for which he or she is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list. The 12-month period for Covered Servicemember Leave is defined as the 12-month period measured forward from the date an employee s first FMLA leave to care for the covered servicemember begins. During this 12-month period, an eligible employee s FMLA leave entitlement is limited to a combined total of 26 workweeks of leave for any FMLA qualifying reason. In cases where a husband and wife are both employed by Triangle, the combined total of leave taken to care for a covered servicemember may not exceed 26 weeks in a single 12- month period. Intermittent and Reduced-Schedule Leave An employee is not required to use this leave entitlement in one block. Leave because of a serious health condition involving an employee or an employee s spouse, child or parent, or either type of Military Family Leave may be taken intermittently (in separate blocks of time due to a single health condition) or on a reduced-schedule leave (reducing the usual number of hours worked per workweek or workday) where medically necessary. However, leave may not be taken on an intermittent basis or on a reduced work schedule when used to care for 22

25 the employee s own child during the first year following birth, or to care for a child placed with the employee for foster care or adoption, unless both Triangle and employee have agreed to such leave. When planning medical treatment, employees must consult with Triangle and make reasonable efforts to schedule leave so as not to unduly disrupt Triangle s operations. If leave is unpaid, Triangle will reduce the employee s salary based on the amount of time actually worked. In addition, while an employee is on an intermittent or reduced-schedule leave, Triangle may temporarily transfer the employee to an available alternative position that better accommodates the recurring leave and which has equivalent pay and benefits. Pay, Benefits, and Protections during FMLA Leave Leave is unpaid. FMLA leave is generally unpaid leave, although employees may be eligible for pay continuation under Triangle s Short-term Disability Plan or any statutory benefit plans that apply if the leave is taken because of an employee s own serious health condition. Substitution of paid time off for unpaid leave. Triangle will require employees to substitute any accrued paid leave for unpaid FMLA leave. Substitution of paid leave is determined by the terms and conditions of the employer s normal leave policy. The substitution of paid leave time for unpaid leave time does not extend the 12-week leave period. Furthermore, in no case can the substitution of paid leave time for unpaid leave time result in the receipt of more than 100 percent of an employee s salary. An employee s family medical leave runs concurrently with other types of leave or paid time taken during the FMLA leave. For leave taken for a Qualifying Exigency, an employee may elect or the employer may require substitution of paid personal, vacation, or family leave time for unpaid FMLA leave. The same rules apply as if the employee took FMLA leave to care for a family member with a serious health condition or for the birth or placement of a child. For leave to care for a Covered Servicemember, an employee may substitute paid personal, vacation, family leave, sick, or medical leave time for unpaid FMLA leave. The same rules apply as if the employee took leave for his or her own serious health condition. Triangle will not provide paid sick leave or paid medical leave in any situation in which it would not normally provide any such paid leave. Employees who are on a leave of absence that is covered by payments such as disability benefits of Workers Compensation benefits will not be required to substitute accrued paid C W p 23

26 leave while receiving these benefit payments. However, Triangle and the employee may agree to have paid leave supplement the disability or Workers Compensation benefits. Any leave of absence taken pursuant to an applicable disability law or Workers Compensation law will be run concurrently with FMLA leave. Medical and other benefits. During an approved family medical leave, Triangle will maintain the employee s health benefits as if the employee continued to be actively employed. If paid leave is substituted for unpaid family medical leave, Triangle will deduct the employee s portion of the health plan premium as a regular payroll deduction. If leave is unpaid, the employee will be expected to pay for his or her portion of the premium for any benefits in which the employee is enrolled by issuing a check to Triangle Services on a monthly (or partial monthly) basis. An employee s benefit coverage will cease if the employee s premium payment is more than 30 days late. If the payment is more than 15 days late, Triangle will send the employee a letter to this effect. If Triangle does not receive the payment for outstanding benefit premiums within 15 days after the date of that letter, the employee s coverage will terminate for non-payment for his/her required contributions. Use of FMLA leave will not result in the loss of any employment benefit that accrued prior to the start of the employee s leave. If an employee on unpaid FMLA leave chooses not to return to work for reasons other than (1) a continued serious health condition of the employee or the employee s family member, (2) a serious injury or illness of a covered servicemember which would otherwise entitle the employee to FMLA leave, or (3) a circumstance beyond the employee s control, Triangle will require the employee to reimburse them the amount it paid for the employee s health insurance premium during the leave period. Return to job at end of FMLA leave. Prior to the exhaustion of FMLA leave, employees will be responsible for notifying the Employee Satisfaction (HR) Department, in writing, of their intention to return to work. Employees whose FMLA leave is necessitated by their own serious health condition will be required to furnish medical certification of their fitness to return to work at the conclusion of their leave. This certification must specifically address the employee s ability to perform the essential functions of his or her job. Failure to provide such medical certification may result in delay or denial of reinstatement. 24

27 Upon return from FMLA leave, employees -- with the exception of those employees designated as key employees (i.e., salaried employees in the top 10% of Triangle s payroll) -- will be restored to their original position or to an equivalent position with equivalent pay, benefits, and other terms and conditions of employment. A key employee may be denied reinstatement rights in accordance with the FMLA. Employee Responsibilities When Requesting FMLA Leave If the need to use FMLA leave is foreseeable, the employee must give Triangle at least 30 days prior notice of the need to take leave. When 30 day notice is not possible, the employee must give notice as soon as practicable, within 1 or 2 business days of learning of the need for leave, except in extraordinary circumstances. It is Triangle s policy that employees must give notice to their supervisor or the Employee Satisfaction (HR) Department. Failure to provide such notice may be grounds for delaying the start of the FMLA leave or denying the request for leave. If the need to use FMLA leave is not foreseeable, the employee must provide notice as soon as practicable to their supervisor or the Employee Satisfaction (HR) Department.. Failure to provide such notice may be grounds for delaying the start of the FMLA leave or denying the request for leave. When submitting a request for leave, the employee must provide sufficient information for Triangle to determine if the leave might qualify as FMLA leave, and also provide information on the anticipated date when the leave would start as well as the duration of the leave. Employees will also be required to provide a certification and periodic recertification supporting the need for leave. Employer Responsibilities When an employee requests leave, Triangle will inform the employee whether he or she is eligible under the FMLA within 5 business days, absent extenuating circumstances. If the employee is eligible, the employee will be given a written notice of Rights and Responsibilities. If the employee is not eligible under the FMLA, Triangle will provide the employee with a written notice indicating the reason for ineligibility. If leave will be designated as FMLA-protected, Triangle will inform the employee in writing within 5 business days, absent extenuating circumstances, and provide information on the amount of leave that will be counted against the employee s 12 or 26 week entitlement. If the leave will not be designated as FMLA-protected because it does not meet the requirements of the Act, Triangle will also notify the employee in writing. 25