2018 CEA Sample Handbook Updates

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1 Here are the updates made to the 2017 CEA Sample Handbook so it is up to date for 2018 based on best practices and legal updates. CEA strongly encourages you have your handbook reviewed annually by a CEA HR Director to ensure compliance with current labor and employment laws. We also encourage you to attend one of our 2018 Labor Law Update Symposiums, so that you can ensure you are in compliance with the new laws that are in place for your specific industry. If you have any questions regarding your handbook, or need assistance assembling it, please contact a CEA HR Director at or us at CEAinfo@employers.org and we will be happy to help you. Section 1 - Welcome - Violation of Policies Revised the second paragraph to read: Nothing in this handbook will be interpreted, applied, or enforced to interfere with, restrain, coerce employees or unlawfully restrict an employee s right to engage in any of the rights guaranteed to them by Section 7 of the National Labor Relations Act, including but not limited to, the right to engage in concerted protected activity for the purposes of their mutual aid and/or protection. Section 1 - Welcome - Discrimination and Harassment Free Workplace Under the Definitions section changed the 4th paragraph to read: Harassing conduct includes, but is not limited to: epithets, slurs or negative stereotyping; threatening, intimidating or hostile acts; denigrating jokes and display or circulation in the workplace of written or graphic material that denigrates or shows hostility or aversion toward an individual or group. Section 2 - Wage and Hour Guidelines - Rest Periods Changed the following paragraphs in this section to read: 1

2 Non-exempt employees are entitled to rest break periods during their workday. You are authorized and permitted one 10 minute net rest break for every four hours you work (or major fraction thereof, which is defined as any amount of time over two hours). A rest break need not be authorized for employees whose total daily work time is less than three and one half hours. You will not clock out and will be paid for all such break periods. You are expected to return to work promptly at the end of any rest break. If you wish to take an authorized rest or meal period and believe you are unable to, you must speak with your Supervisor who will ensure that you get a rest period. Failure to take meal or rest periods is a violation of Company policy. If you are not provided with a meal or rest break, or your breaks are interrupted, you must notify a supervisor immediately. Failure to abide by this policy will result in discipline up to and including termination. DLSE now restricts employers from requiring employees to remain on company property during rest periods. Added additional clean up and clarifying language. Section 2 - Wage and Hour Guidelines - Time Clock and Time Cards Changed the heading to the following: Time Clock and Time Cards/Time Sheets Changed the section to read: You are required to accurately record all hours worked, meal periods, holiday, sick and vacation/pto time. The time clock is located at. All time cards/time sheets must be properly completed, and you are responsible only for your own time card/sheet. You are not to begin work more than 5 minutes prior to the start of your shift or work beyond 5 minutes after the end of your shift without prior approval of your Supervisor. You are to sign your time card/sheet to attest that the hours recorded are accurate and are the total hours that you worked. You should not sign any time card/sheet that is inaccurate and notify your Supervisor immediately if there are any changes. You may not change anyone else's time card/sheet or allow anyone else to manage your time card/sheet. Non-exempt (hourly) employees must not sign your time sheet if you have not been provided all required meal and rest breaks. Failure to notify a supervisor that you have not been provided meal and rest breaks is a violation of company policy. Reason for Changes: Clean up and added clarifying language 2

3 Section 3 - Benefits - California Paid Sick Leave/Healthy Workplace Healthy Families Act. Rewrote Policy as Follows: California Paid Sick Leave/Healthy Workplace, Healthy Families Act This Section is Required NOTE TO EMPLOYER: below sample language reflects the minimum requirements of the Healthy Workplace, Healthy Families Act. You may increase the amount of sick leave that employees receive if you choose. Employers may use their own paid time off policy in lieu of a paid sick leave policy so long as it mirrors or provides a greater benefit concerning accrual, carryover, and use requirements under the mandatory paid sick leave law. If you have employees in cities or counties that require additional mandatory paid sick leave, you will need to include that information or coordinate that time off with the state s requirements. All employees are granted paid sick leave as follows. Eligibility Option 1 Accrual Method Employees accrue sick leave from the commencement of employment at a rate of one (1) hour for every 30 hours worked, up to a maximum of 48 hours. Exempt employees paid sick leave accrual will be based on a 40-hour workweek. All other employees paid sick leave will accrued according to hours worked. Carryover Accrued and unused paid sick leave is carried over to the following year. Option 2 Lump Sum Method Immediately upon hire employees are eligible for three days or twenty-four (24) hours of paid sick leave, whichever is greater. Thereafter, employees balance will be reset to three days or 24 hours on July 1 st /their anniversary date/january 1 st each year. Carryover Unused paid sick leave is not carried over from one year to the next. Use You will be entitled to use accrued sick days beginning (upon hire, on the 90 th day of employment), after which you may use them as they are granted (using Option 2) /accrued (using Option 1). Any time taken for illness or injury before completing this period of continuous employment may be without pay. 3

4 Paid sick leave may be used in as little as two hour increments. You may use up to a total of three days or twenty-four hours (whichever is greater) of paid sick leave per anniversary year. You may use paid sick leave for the following purposes: Diagnosis, care, or treatment of an existing health condition of, or preventive care for, you or your family member. If you are a victim of domestic violence, sexual assault, or stalking, Family member includes: A child, which means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom you stand in loco parentis. This definition of a child is applicable regardless of age or dependency status. The biological, adoptive, or foster parent, stepparent, or legal guardian of you or your spouse or registered domestic partner, or a person who stood in loco parentis when you were a minor child. Your spouse, your registered domestic partner, your grandparent, your grandchild, your sibling. If the need for paid sick leave is foreseeable, you must provide reasonable advance notice to your Supervisor. If the need for paid sick leave is unforeseeable, you must provide notice to your Supervisor as soon as practicable. Appointments should be scheduled either at the beginning or the end of your workday. If you become sick during the day, you must inform your Supervisor before you leave the facility. Paid sick leave is available only for days on which you would have been scheduled to work, but were unable to work because of one of the purposes described above. Paid sick leave will be integrated with California State Disability Insurance (SDI) benefits and/or workers' compensation insurance benefits in such a way that the total sick leave benefits paid by the Company, and those you receive from SDI or workers' compensation insurance, will not exceed 100 percent of your regular weekly wage based on your regular straight-time hourly rate of pay. Pay You will receive your regular hourly wage when using Paid Sick Leave. If in the 90 days of employment before taking accrued paid sick leave you had different hourly pay rates, or you were paid a commission or piece rate, then the rate of pay will be calculated by dividing your total wages, not including overtime premium pay, by your total hours worked in the full pay periods of the prior 90 days of employment. Paid sick leave has no cash value upon separation of employment or at any other time. Reason for Changes: 4

5 Rewritten for clarity Section 3 - Benefits Holidays Changed the line under the heading to read: Employees regularly scheduled to work hours per week are eligible to earn Holiday Pay. Parttime employees who are regularly scheduled to work at least hours per week are eligible to accrue a pro-rated amount of Holiday Pay. Clarifying Language Section 3 - Benefits - State Disability Insurance Changed the section to read: State Disability Insurance You are covered under the State Disability Insurance Plan (SDI), which provides low-cost protection for loss of earnings due to non-work-related illness or accident. It is funded by employee contributions, which state law requires to be withheld from your wages. The amount withheld is computed as a percentage of your gross wages, up to a maximum specified by the state. Section 3- Benefits - Educational Assistance Program Changed the following paragraph to read: We will reimburse you for % of the cost of tuition and required textbooks upon successful completion of the approved course. This percentage is based upon tuition charged at the nearest community college or state university regardless of the institution being attended. Section 4 - Leaves of Absence - General Information Changed the Contributions Related to a Group Health Plan While on a Leave to read: 5

6 We will maintain your group health insurance coverage while on a PDL, FMLA, CFRA, the New Parent Leave Act, Note: (Include if you have employees) or Organ Donation leave if such insurance was provided before the leave was taken and on the same terms as if you had continued to work. In some instances, we may recover premiums we paid to maintain your health coverage if you fail to return to work following the leave. Added reference to the New Parent Leave Act (SB-63) that applies to employers with employees. Reason for Changes: New Parent Leave Act new law impacting employers with employees under SB 63. Section 4 - Leaves of Absence - On The Job Illness/Injury Related Leave of Absence Changed the second paragraph to read: We will grant a workers compensation disability leave if you have an occupational illness or injury in accordance with state law. As an alternative, we will try to reasonably accommodate you with modified work, where such work would be appropriate and is available. If you are eligible for a FMLA/CFRA leave, then leave taken for workers compensation disability will run concurrently with FMLA/CFRA leave. Section 4 - Leaves of Absence Added New Section: New Parent Leave Act NOTE TO EMPLOYER: The following section applies to employers with employees. We will grant new parents leave in accordance with state law in effect at the time the leave is granted. To be eligible for New Parent Leave Act benefits, you must: (1) have worked for us for a total of at least 12 months; (2) have worked at least 1,250 hours over the previous 12 months; and (3) work at a location where at least 20 employees are employed within 75 miles. If eligible, you may receive up to a total of 12 weeks of unpaid leave during a 12 month period. Leave may be used for the purpose bonding with a new child within one year of the child s birth, adoption, or foster care placement. If you are pregnant, you may have the right to take a pregnancy disability leave in addition to a new parent leave. 6

7 If both parents work for us, new parent leave is available for an aggregate of 12 weeks of leave to be shared between you. You may/may not both take leave simultaneously with the other parent. You have a guarantee of employment in the same or comparable position upon termination of this leave. Should a leave or an extension be requested and granted providing for leave longer than 12 workweeks in any 12 month period, such leave or extension will generally not contain a guarantee of reinstatement to the same or an equivalent position. You will be advised at the time the leave or extension is granted what conditions apply to that leave or extension. New Parent Leave Act new law impacting employers with employees under SB 63. Section 5 - General Information - Workplace Weapons Policy Added new policy after Workplace Violence Policy: In order to ensure a safe environment for employees and customers, we prohibit the wearing, transporting, storage, or presence of firearms or other dangerous weapons in our facilities or on our property. Any employee in possession of a firearm or other weapon while on your facilities/property or while otherwise fulfilling job responsibilities may face disciplinary action including termination. A client or visitor who violates this policy may be removed from the property and reported to police authorities. Possession of a valid concealed weapons permit authorized by the State of California is not exception under this policy. Firearms or other dangerous weapons mean: Any device from which a projectile may be fired by an explosive Any simulated firearm operated by gas or compressed air Sling Shot Sand Club Metal Knuckles Any spring blade knife Any knife which operates or is ejected open by an outward, downward thrust or movement Any instrument that can be used as a club and poses a reasonable risk of injury This policy does not apply to: Any law enforcement personnel engaged in official duties Any security personnel engaged in official duties Any person engaged in military activities sponsored by the federal or statement government, while engaged in official duties Staff or security personnel will request any visitor found in possession of a firearm or other dangerous weapon to remove it from the facility and local law enforcement authorities will be notified promptly. 7

8 Added because of the increased activity in workplace incidents. Section 7 - General Information - Safety Changed the 4th paragraph to read: If you work outside of our normal business hours you must: Section 7 - General Information - Secrecy of Communications Deleted this policy Not applicable to most businesses 8

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