Employees will accumulate points for being late or missing work.

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1 Encouraging employee commitment Wynn 1 encourages employees to be conscientious and dependable. Wynn maintains attendance standards that recognize both the importance of our employees coming to work each day on time and the legitimate reasons for an employee to occasionally be absent or tardy. This policy enables department managers to handle occasional absences or tardiness fairly and consistently, to distinguish between occasional absences or tardiness and ongoing attendance problems, and to deal appropriately with attendance problems that interfere with Wynn s ability to serve our guests. PROCEDURE These attendance standards apply to all hourly employees. 1. Employees are required to notify the Wynn Absence Notification System by either calling ( WYNN) or visiting the website ( to report any unscheduled absence, late arrival or leaving early with points assessed. Employees will accumulate points for being late or missing work. 2. Employees may also be required to notify their department manager of an expected tardiness or absence in compliance with department policy. Employee attendance records are considered in transfers, promotions and in performance evaluations. 3. The following examples are not considered attendance standard violations: Scheduled days off Vacation Holidays (when an employee is not scheduled to work) On-the-job injury/illness 1 As used herein, the use of the term Wynn refers to Wynn Resorts, Limited, Wynn Las Vegas, LLC (which includes Wynn Las Vegas and Encore at Wynn Las Vegas), Wynn MA, LLC, Wynn Design and Development, LLC, and their affiliated companies with operations based in the United States. This Policy applies to all employees of Wynn, unless otherwise prohibited by the applicable laws of the jurisdiction in which the company is operating. Issue Date: 11/09/04 Effective Date: 03/01/05 Page 1 of 5

2 Jury duty Any approved leaves of absences either continuous or intermittent Layoff Department-offered early out/time off Other approved time off 4. Department managers are responsible for issuing and tracking employee attendance violations. Each violation is given a level of points and are defined as follows: Attendance Violations Tardy - reporting late to work prior to mid-shift without prior authorization. Tardy - reporting late to work after mid-shift without prior notification. Short call - failure to notify management of an absence four hours prior to the start of your shift. Employee - requested early out prior to completing mid-shift. Employee - requested early out after completing mid-shift. Absence - for one (1) to three (3) consecutive days. One (1) attendance point for each additional day following the first three (3) consecutive days. Consecutive days are days an employee is scheduled to work. Day-off request denied and taken anyway - employee requests a specific day off and is denied due to business reasons and then calls out. First no-call/no-show failure to notify management by mid-shift of an absence first offense. Second no-call/no-show failure to notify management by mid-shift of an absence second offense in one (1) year. Peak Business no-call/no-show failure to notify management by mid-shift of an absence during peak business. Peak Business Points due to the severity of the attendance infraction, the employee also receives a second written counseling notice (last and final warning). 4 - the employee is placed on suspension pending investigation with further disciplinary action up to and including termination. 8 - the employee is placed on suspension pending investigation with further disciplinary action up to and including termination. 5. Employees may accumulate four (4) points from absence(s) or tardiness in one year with no disciplinary action. Employees should be issued the Attendance Point Issue Date: 11/09/04 Effective Date: 03/01/05 Page 2 of 5

3 Accrual form reminding them that a first written counseling notice will be issued should they reach five (5) attendance points. A link on the Manager Workbench Employee Attendance Record has been added and will access the PDF version of the Attendance Point Accrual form. The signed form must be attached to the attendance record. The Attendance Point Accrual form can also be found in the browse documents and forms section of the Manager Workbench. Based on the attendance violations and number of points accrued within one year, employees will receive the following counseling: Counseling Action 4 Attendance Point Accrual Form 5 First Written Warning 6 Attendance Point Accrual Form 7 Second Written Warning Last and final warning Suspension Pending Investigation-Possible 8 termination OR Counseling Action 4 8 First No Call/No Show-second written warning with last and final warning Second No Call/No Show-second offense in one year-suspension pending investigation-possible termination 6. If an employee has accumulated fewer than seven (7) points all attendance points and the associated discipline are inactivated from the employee s personnel file one year from the date the first attendance infraction occurred. 7. If an employee has accumulated seven (7) points or more all attendance points and the associated disciplines remain active for one (1) year from the date of the employee s seventh point attendance infraction. 8. Points associated with a first no call/no show infraction can be combined with other attendance infractions in reaching the eight (8) point total causing suspension pending investigation/termination level. Please note: The four (4) attendance points that are assessed in addition to the second written counseling notice associated with a first no call/no show infraction will also remain active for one (1) year from the date of the employee s attendance infraction. Issue Date: 11/09/04 Effective Date: 03/01/05 Page 3 of 5

4 9. If an employee fails to notify the Wynn Absence Notification System by mid-shift of an absence (first no-call/no-show), the employee receives four (4) points as defined above. If there is a second infraction of a no-call/no-show in a twelve (12) month period, the employee is issued another four (4) points and is placed on suspension pending investigation and will be issued further disciplinary action, up to and including termination of employment. 10. If an employee requests time off and the request is denied, based on business demands and the employee calls out the same day, the employee will receive double points for the absence. If the employee calls out on consecutive days which were requested off and denied, the employee will receive an additional point for each day requested and denied. 11. A peak business day/period is a holiday or when business demands dictate as determined by Wynn. The divisional Vice President will determine and announce in advance when peak business periods exist. Employees are required to adhere to all peak business periods. Attendance infractions during this time will result in employees being assessed double points. For example, during peak business a no call/no show infraction will result in eight (8) points being issued to the employee and the employee being placed on suspension pending investigation. If an employee s consecutive absence falls during a peak business period they will be issued an additional point for the peak business day. 12. Management reserves the right to take further disciplinary action if an employee displays patterned absenteeism (e.g., consistently taking repeated consecutive days off work or showing a pattern of call outs on the same days on a repetitive basis). However, when such patterned absenteeism is related to leave under the Family and Medical leave policy, department managers will consult with the Employee Relations department before taking any action. 13. The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by this law. To comply with this law, employees are asked to not provide any genetic information when addressing the reasons for an absence, and incident of tardiness, or the need for leave. Genetic information as defined by GINA, includes an individual s family medical history, the results of an individual s or family member s genetic tests, the fact that an individual or an individual s family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual s family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services. Issue Date: 11/09/04 Effective Date: 03/01/05 Page 4 of 5

5 RESPONSIBILITIES Department managers are responsible for enforcing the Attendance Standards in conjunction with BASIC, Wynn s leave administration service provider, tracking and maintaining accurate and up-to-date attendance records for each employee and utilizing BASIC s online dashboard in conjunction with their attendance management duties. In a situation where an employee is unable to return from a medical leave, Department managers are to refer the employee to the Employee Relations department for separate review. Additionally, where an employee attributes an absence to a substantially limiting physical or mental impairment, and the employee has not been approved for leave due to such an impairment, Department managers are to direct the employee to the Employee Relations department. A link on the Manager Workbench Employee Attendance Record has been added and will access the PDF version of the Attendance Point Accrual form. The signed form must be attached to the attendance record. The Attendance Point Accrual form can also be found in the browse documents and forms section of the Manager Workbench. Employees should only be terminated for attendance violations when they have accumulated eight (8) points. Department managers must obtain the approval of their divisional vice president and place the employee on suspension pending investigation prior to terminating an employee for violations of attendance standards. Issue Date: 11/09/04 Effective Date: 03/01/05 Page 5 of 5

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