Employee Handbook. ADS Incorporated dba Arts & Technology Institute

Transcription

1 Employee Handbook ADS Incorporated dba Arts & Technology Institute Updated November, 2012

2 Table of Contents Nondiscrimination 3 Sexual Harassment 3 Review of Allegations of Discrimination or Sexual Harassment 3 Consensual Relationship Policy 3 Hours 4 Overtime 4 Probationary Period 4 Attendance and Punctuality 4 Personal Identification 4 Personal Appearance and Dress 5 Personal Work and Telephone Calls 5 Changes in Personal Information 5 Employee Accidents 5 Snow/Weather Emergences 5 Conditions of Employment 5 At Will Employment 5 Progressive Discipline & At Will Employment 6 Exceptions to the Employment At Will 6 Resolution of Problems 6 Resignation 6 Rehire Procedures 6 Security 6 Outside Employment 6 Gratuities 6 Elections/Voting 6 Drug-Free Communities Act 6 Benefits 7 Holidays 7 Vacations 7 Maternity Leave 7 Bereavement Leave 8 Military Leave 8 Jury Duty 8 Leave of Absence / Family and Medical Leave 8 Conflict of Interest Guidelines 8 Non-Disclosure Agreement 8 Acknowledgement of Receipt of Employee Handbook 9 [2]

3 ADS Incorporated dba Arts & Technology Institute (ATI) Employee Handbook Nondiscrimination It is the policy of ADS Incorporated dba Arts & Technology Institute (henceforth referred to as ATI) and the responsibility of its directors and staff to provide equal opportunity without regard to race, color, religion, age, sex, national origin, or sexual orientation. As a part of this policy, ATI strongly disapproves of any or all forms of sexual harassment in the workplace, classroom, or dormitories. This policy applies to all phases of the operation of ATI. Further, ATI will not discriminate against any employee, applicant for employment, student or applicant for admission because of a physical or mental disability in regard to any position or activity for which the individual is qualified. ATI will undertake appropriate activities to treat qualified disabled individuals without discrimination. ATI Directors shall be responsible for company-wide administration of this policy. Sexual Harassment It is the policy of ATI to prohibit any acts of sexual harassment towards employees, students, or guests of ATI. Failure to comply with this policy may result in termination of employment. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, or verbal or physical conduct of a sexual nature when: (1) submission to such conduct is made either explicitly or implicitly a condition of an individual s employment advancement, (2) basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of substantially interfering with an individual s work performance or creates an undesirable working, or other work environment conditions. Review of Allegations of Discrimination or Sexual Harassment ATI policy clearly states that ATI will not tolerate acts of discrimination or sexual harassment on the part of students, administrative or staff employees. The following procedures have been established to assure that appropriate investigation and action is instituted whenever an act of discrimination or sexual harassment is brought to the attention of ATI. Any student, employee, or guest at ATI may request a review of any incident, policy or act of ATI when an event of discrimination or sexual harassment is perceived. Where the event involves actions of one student towards another, a request for review of the incident should be directed to the directors of ATI. All requests for review of an incident should be submitted within ten (10) days of the event. Because of the transient nature of the student body and many of the participants in ATI events, any significant delay in the start of an investigation may lead to inconclusive results. The report of any such incident must be in writing, signed by the complainant, and include a description of the specific event leading to the allegation, including the time, date, persons involved and the issues to investigate. At any meeting with directors of ATI, the complainant may choose to be accompanied by an individual of his/her choice. ATI Administration will respond to the claimant within five (5) working days of the receipt of the complaint. This response will indicate the results of the investigation and a statement of action taken or proposed by ATI. Should the investigation not be completed within five (5) days, notification of continuation of the investigation will be provided to the claimant together with an estimate for the date of the completion of the investigation. The complainant will have three (3) working days to review the information provided by ATI and request an opportunity to discuss the findings with ATI Administration. Should the complainant ask for a review of the initial decision, ATI has three (3) working days to request a review of the matter. Following a meeting with the ATI Board of Directors, ATI has three (3) working days to notify the complainant of the final decision. All employees retain the right to file a grievance with the office of civil rights if they feel that ATI has not responded appropriately to their concerns. Consensual Relationship Policy At the core of ATI s mission is an implied responsibility of trust and ethical behavior in every relationship between faculty, staff, administrators and students. Conflicts of interest often arise in a consensual romantic and/or sexual [3]

4 relationship involving a power differential between the participants. Such relationships can present serious ethical concerns about issues such as validity and consent, sexual harassment, unfair treatment by others, and can have a negative effect on third parties and the entire community. Although consensual relationships do not necessarily constitute sexual harassment, such relationships may give rise to claims if: 1.) a consensual relationship ends and one of the parties continues behavior which is unwelcome by the other party and/or 2.) a consensual relationship creates an unfair, hostile, or intimidating learning or work environment. Therefore, consensual relationships should be avoided whenever a professional relationship exists between an employee and student or between two employees. For purposes of this policy, employee includes faculty, staff, and administrators. Professional responsibility includes teaching, office management, and any business containing to the day-to-day operations of ATI business or activities. All ATI employees are considered to have a current or potential professional responsibility to students. Therefore, consensual relationships between employees and students are generally prohibited. Violation of this policy will initiate disciplinary action up to and including termination of employment at ATI. ATI staff and faculty shall not engage in consensual relationships with other ATI staff or faculty if a supervisory relationship exists between the parties. If this type of consensual relationship exists, it must be remedied immediately. Remediation includes, but is not limited to, an employee transferring to another department or a supervisor or faculty member removing themselves from any activity or evaluation that may reward or punish the other individual in the relationship. Consensual relationships between employees where a power differential exists should be reported immediately to their immediate supervisor. Hours ATI offices are normally open from 10:00 AM until 7:00 PM, Monday through Friday and Saturdays from 8:00 AM until 1:00 PM. However, because of the nature of the responsibility to the student body, individual offices or departments may have operating hours that extend beyond this period and may include evening or weekend hours. Staff employees will normally work a seven and one half (7.5) hour day, for a total of 37.5 hours per week. The department supervisor will determine the actual work schedule for each member of the department. Overtime At times, conditions may demand that the number of hours in the regular workweek be increased beyond the normal level of 37.5 hours. Overtime will then be specifically authorized by the department supervisor. Nonexempt employees will be paid at their normal wage rate for the first 40 hours of work in any calendar week, and at a rate equal to one and a half times the normal rate for all additional hours for that week. Probationary Period All newly hired staff employees must serve a probationary period of three months duration. This period provides both the employee and ATI an opportunity to determine whether continued employment will be to the mutual benefit of both. Status as a regular employee is granted upon the successful completion of the probationary period. Attendance and Punctuality Each employee is hired to fulfill a need of ATI. Good attendance and punctuality is expected of all employees. Instances of abuse or a poor overall record cannot be tolerated. If an employee is unable to report for work as scheduled, he/she is required to phone his/her supervisor before the start of the scheduled shift, or as soon thereafter as possible. Unauthorized absenteeism and/or tardiness are unacceptable and can be grounds for disciplinary action up to and including termination of employment. An unreported or unauthorized absence of three working days will be considered a resignation. Reinstatement will be subject to the rehire policy of ATI. Personal Identification A photo identification card is provided to all employees. It is the responsibility of each employee to arrange to obtain this card. ID cards are obtained from hiring personnel at ATI corporate office. [4]

5 Personal Appearance and Dress All ATI employees are representatives of Arts & Technology Institute and are expected to present a neat and orderly appearance. In ATI offices and training rooms, normal business attire is the standard dress. Shorts, t-shirts, or jeans are not permitted. It is expected that all employees will exercise good judgment and meet acceptable norms for personal cleanliness, hygiene, and grooming. ATI does reserve the right to establish and maintain more specific standards for attire if deemed appropriate for any particular position or group of positions. Check with your supervisor if there are any questions regarding this subject. Personal Work and Telephone Calls Personal work (such as paying your bills) should not be done during working hours. Personal calls must be restricted to those of an urgent or serious nature. Use of the business phone system, fax machine, or Internet connection for other than business or emergency personal purposes is a violation of policy and is subject to disciplinary action. Changes in Personal Information Be sure to notify the ATI Corporate Office of any change in: Name Home telephone number Address Marital status Number of dependents Insurance beneficiaries Contact person in case of emergencies Employee Accidents Any employee who is injured on the job must notify the department supervisor at once so that proper medical attention can be provided. Injury reports must be prepared and submitted, without delay, to the business office, so that appropriate action can be taken to preserve the employee s rights under the provisions of the workers compensation statutes. Snow/Weather Emergencies During the regular academic year, it is the policy of ATI to attempt to remain open if at all possible. Each employee is expected to report for work, as scheduled, but good judgment should be exercised if an employee feels uncertain about his/her safety. Employees unable to report for work should notify ATI supervisors as with any unplanned absence. Under extreme conditions, ATI may elect to cancel classes and /or close. This decision will be announced on local radio stations. The cancellation of classes means that ATI offices and services are not open. Should ATI be closed, only emergency employees are expected to report for work. If an employee does not work during a snow/weather emergency, he/she may request payment for the absence through the use of a personal or vacation day. Conditions of Employment All non-director employees are at-will employees, and their employment rights are governed by the employment laws of the state of Texas. Certain standards of performance and conduct must be maintained in an organization. Because of the nature of ATI and our responsibilities toward the of the student body, the highest standards of ethical and moral behavior must be applied to our employees. When an employee fails to meet these standards of behavior, oral reminders, counseling, and/or termination may be required to protect the validity of the mission of ATI. No supervisor, manager, or officer of ATI, has the authority to enter into an agreement or make promises or statements that limit the rights of ATI under the provision of this handbook. At Will Employment ATI does not offer tenured or guaranteed employment. Either ATI or the employee can terminate the employment relationship at any time, with or without cause, with or without notice. This is called Employment At Will. This [5]

6 employment at will relationship exists regardless of any other written statements or policies contained in this Handbook or any other Company documents or any verbal statement to the contrary. Progressive Discipline and Employment At Will While ATI may elect to follow its progressive discipline procedure, ATI is in no way obligated to do so. Using progressive discipline is at the sole discretion of ATI in an employment at will workplace. Exceptions to the Employment at Will Policy No one except The Company s CEO or CFO can enter into any kind of employment relationship or agreement that is contrary to the previous statement. To be enforceable, such relationship or agreement must be in writing, signed by the CEO and/or, and notarized. Resolution of Problems Many potential problems or situations can be successfully resolved by making a supervisor aware of the concerns of the employee. ATI actively encourages all employees to communicate openly with their departmental supervisor. Where an employee s concern is in regard to the actions of his/her supervisor, or an employee feels that the actions of the supervisor jeopardize continued employment with ATI, the employee may request a review of these actions by other supervisory or director. An investigation of the employee s concerns will be conducted and appropriate action instituted by ATI. The employee will be notified of any such action taken by ATI. Resignation You may terminate your employment with ATI at any time, for any reason. You are asked to provide notice two weeks prior to your anticipated departure date. Failure to provide appropriate notice may result in a less than favorable rehire status. Rehire Procedures Occasionally, an individual may seek re-employment at a later date. ATI may consider former employees as candidates for rehire, but only with the approval of a former supervisor or director.. Security While ATI attempts to provide a safe and secure environment for its employees, ATI cannot accept responsibility for the safety of your personal property. Common sense dictates that all items of value should be kept in a place where the opportunity for theft or loss is minimized. Employees are expected to immediately report incidences of theft or mysterious disappearance of personal or company property to their department supervisor. Possession or use of firearms, stun-guns, fireworks, explosives, knives, martial arts weapons, mace, pepper spray or substances usable as weapons at ATI is strictly prohibited. There are no exceptions to this policy, including weapons used for sport, entertainment, or academic purposes. Outside Employment Employees of ATI are expected to devote their full energies to meeting the needs of ATI. However, outside employment is permitted where it does not interfere with an employee s ability to meet his/her responsibilities to ATI and does not conflict with the goals or objectives of ATI. Any employee holding an outside job must immediately report this employment to his/her supervisor. Employees found to have outside activities interfering with their responsibilities to ATI will be given the choice of resigning from ATI or dropping the offending activities. Gratuities No employee may accept monetary gifts or rewards from students, parents or from firms with which ATI does business. Employees may, however, accept gifts of merchandise where the value of the gift is insignificant. Elections If an employee is unable to vote outside of normal working hours, starting and or ending times of the normal work schedule may be adjusted up to two hours to allow adequate time for voting while the polls are open. [6]

7 Drug-Free Schools and Communities Act The Unlawful possession, use or distribution of illicit drugs and alcohol by employees of ATI is strictly prohibited. ATI will impose disciplinary sanctions; including reprimand, suspension, or termination, for violation of this policy. As a condition for continued employment, ATI may require a drug screen for identification of the use of illicit substances or participation in an appropriate rehabilitation program. Benefits Listed below is a summary of available benefits to full time employees, a full description will be provided as an employee becomes eligible for participation contract labor employees are not eligible for benefits. 1. Vacation Eligibility one year of service One week (five business days) are available to ATI staff after one year of service. 2. Holidays Eligibility immediate ATI reserves the rights to add, delete, or modify a fringe benefit at any time, without consultation or seeking the approval of currently participating employees. Scheduled Holidays ATI will be closed in observation of the following holidays: Thanksgiving Friday after Thanksgiving Christmas Eve Christmas Day New Years Day Good Friday Memorial Day Independence Day Holidays which fall on a Saturday or Sunday will normally be observed on the preceding Friday. All full-time administrative and staff employees, including secretarial/clerical staff, maintenance and custodial personnel are entitled to holiday pay for these days. Because the ATI is in session on both Labor Day and Dr. Martin Luther King Day, they are not observed as paid holidays. In place of these national holidays, full-time employees are allowed two (2) personal holidays. These days may be scheduled any time during the calendar year, but require the approval of the appropriate department head. Personal days cannot be accumulated. If they are not taken within the designated time frame, they are lost. There will be no pay awarded for holidays not taken. Part-time employees who normally work at least twenty (20) hours per week will be paid at a rate equal to one half (1/2) that granted to full-time employees when a holiday falls on a normally scheduled workday. There is no holiday pay for temporary or casual employees. Vacations Regular full-time employees of ATI are eligible for a paid vacation after one year of employment. Maternity Leave A pregnant employee is expected to work as long as she is capable of meeting the requirements of her job. Appropriate consideration will be given to any limitation of her abilities, and time-off before delivery will be granted as needed. Time off at full-salary must be covered by accumulated short term absence days, vacation, or personal days. Short-term absence payments of up to five days may be received by an eligible male employee following the birth of a child to his spouse. Bereavement Leave An employee may have up to three consecutive days of absence, with pay, following a death in the immediate family. The immediate family includes a spouse, children and their spouses, grandchildren, parents, parents-in-law, grandparents, and brothers or sisters. Up to one working day is allowed for the funeral of an aunt, uncle, first cousin, niece, nephew, brothers/sisters-in-law or unrelated members of the household. [7]

8 Military Leave Employees who are members of the U.S. Army, Navy, Air Force, Marines, or Coast Guard reserves or the National Guard may be granted leaves of absence for the purpose of participating in Reserves or National Guard training exercises. Employees shall be granted the minimum amount of leave needed to meet the minimum training requirements of their respective unit. No employee will be required to use vacation time for military duty, but employees who elect to schedule their vacations to coincide with military duty will receive their full regular vacation pay in addition to the applicable military compensation. Jury Duty An employee on jury duty will be paid normal compensation from ATI provided the employee makes every effort to cover normal job responsibilities and is available for work when not scheduled for actual jury duty assignments. Leave of Absence/Family and Medical Leave A leave of absence is an official permit to be absent from work for a specified period of time, with the understanding that the employee will be maintained on the inactive payroll, that the length of service will not be interrupted and that the employee will be returned to an appropriate job after the leave is terminated. A request for a leave should be submitted to your supervisor at least thirty (30) days prior to the starting date of the leave. You must indicate the period of the leave and state the reason that the leave is requested. You are expected to return to work as approved on your leave application. Failure to return to work as agreed, without receiving an extension of the leave, will be considered as a voluntary resignation from employment. In general the employee has the right for up to 12 weeks of unpaid leave for the birth of a child, the placement of a child for adoption or foster care, or a serious health condition of the employee or an immediate family member. Please contact the ATI Office regarding your rights under the federal and state laws. Conflict of Interest Guidelines Employees may not engage in activities that interfere with fully performing their position duties and responsibilities at ATI. You are expected to avoid situations in which your judgment in making decisions or taking actions on behalf of ATI may be adversely affected by personal consideration or situations where your performance, loyalty, or stewardship to ATI is compromised. Non-Disclosure Agreement All employees of ATI must agree to and sign an Agreement of Non-Disclosure. Failure to do so may result in nonemployment status with ATI. [8]

9 ACKNOWLEDGEMENT OF RECEIPT OF EMPLOYEE HANDBOOK I have received the current Arts & Technology Institute (ATI) employee handbook and have read and understand the material covered. I have had the opportunity to ask questions about the policies in this handbook, and I understand that any future questions that I may have about the handbook or its contents will be answered by the Office Manager or his or her designated representative upon request. I agree to and will comply with the policies, procedures, and other guidelines set forth in the handbook. I understand that the company reserves the right to change, modify, or abolish any or all of the policies, benefits, rules, and regulations contained or described in the handbook as it deems appropriate at any time, with or without notice. I acknowledge that neither the handbook nor its contents are an express or implied contract regarding my employment. I further understand that all employees of ATI, regardless of their classification or position, are employed on an atwill basis, and their employment is terminable at the will of the employee or the company at any time, with or without cause, and with or without notice. I have also been informed and understand that no officer, agent, representative, or employee of the company has any authority to enter into any agreement with any applicant for employment or employee for an employment arrangement or relationship other than on an at-will basis and nothing contained in the policies, procedures, handbooks, or any other documents of the company shall in any way create an express or implied contract of employment or an employment relationship other than one on an atwill basis. This handbook is the company property and must be returned upon separation. Signature Date Employee Name: Printed [9]