POLICY and PROCEDURE GUIDE

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1 I. APPLICATION This policy applies to all Part Time regular hourly, LEGO Brand Retail, Inc (LBRI) store employees. II. PURPOSE Every employee s role is important in both the day-to-day operation and the long-term success of our Company. Meeting attendance and punctuality commitments are vital to an employee s success at LBRI stores. As a Company, we value employee attendance as a competitive advantage in the marketplace. The organization functions most efficiently when employees are present during their scheduled work period. Therefore, our Company has established this policy to outline the expectations for attendance and punctuality. III. PROVISIONS A. Sales Associates and Managers of LBRI all depend on each other to be regular in attendance and on time as scheduled. B. Sales Associates are expected to meet the standards for attendance and punctuality. Patterns of absences and/or tardiness will result in formal counseling up to and including termination of employment. C. LBRI reserves the right to determine critical time periods such as holidays, busy seasons, or promotional timeframes during which attendance and punctuality is critical. During these times, attendance standards will be more stringent in the sole and absolute discretion of LBRI. D. If an Employee is unable to report to work as scheduled, he/she is to personally call his/her Manager or designee and report his/her absence at least two (2) hours before the start of his/her shift. If an employee is scheduled for the 1 st shift of the day they must call the Manager or designee as soon as the store opens.

2 E. If an employee is unsuccessful in contacting a Manager via phone they must the store alerting the Manager of their absence and follow up with a phone call again after the is sent F. Each day an Employee is absent, he/she is to call his/her Manager and report his/her status and let the Manager know when he/she expects to return. G. The Manager is required to make sure an Employee s absence is accurately recorded on the performance management or timekeeping tool and reported to payroll. H. For absences due to injury or illness of three (3) or more days, he/she is required to provide a doctor s release before returning to work, with the assurance that he/she is fully recovered and able to perform his/her work. Absences excused by a doctor are interpreted as one attendance occurrence. LBRI also reserves the right to request a doctor s release for absences of less than three (3) days in its sole and absolute discretion. I. If an Employee is absent five (5) consecutive days or more, and the absences are excused, the Sales Associate must request a Leave of Absence. J. No call/no shows are based on a rolling calendar. Two incidents of no call/no show on scheduled workdays within any rolling twelve (12) month period, without what LBRI considers an acceptable reason, will result in immediate termination of employment. IV. DEFINITIONS A. Absence: Any day which an employee is scheduled to work but does not report to the designated workplace within the specified timeframes or any day which an employee reports to work, but is unable to begin work for any reason under his/her control. (Example, the Sales Associate reports to work wearing incomplete or improper uniform.) Absences are recorded regardless of the reason for the absence. Three consecutive absences excused by a doctor (but are not eligible under the Family Medical Leave Act (FMLA)) are interpreted as one attendance occurrence once allotted sick time has been exhausted.

3 B. Tardy: Any day that an employee is scheduled to work but reports to the designated workplace past their scheduled start time. Arriving late is a performance issue and will be managed accordingly. Each quarter, Full Time employees will be allowed two (2) excused tardy occurrences; Part Time employees will be allowed 1 excused tardy occurrence. Any additional tardy occurrences, of more than 5 minutes, will count as an unexcused occurrence. Accumulation of an unexcused tardy occurrence will result in loosing excused tardy occurrences for the remainder of the year. Tardies in excess of 30 minutes will be considered an occurrence. Employees are required to call in prior to their shift to inform the store manager of lateness and their expected time of arrival. Your shift hours are the hours you need to be clocked in, ready to work, and available to Guests on the sales floor. You also need to remain ready to work (i.e. on the sales floor, stocking shelves) until your scheduled shift concludes. C. Failure to follow Call-in Procedure: Any occurrence of an SA failing to report an absence to the appropriate party with as much notice as possible prior to their designated shift. While the failure to use the call in procedure is classified as one attendance occurrence, it also results in separate formal counseling for failure to follow department procedure. See policy on Formal Counseling. D. No Call, No Show: Any day which an SA is scheduled to work but does not report to the designated workplace within specified timeframes and also fails to call in to report their absence with as much notice as possible prior to their designated shift or to follow proper call-in procedure. While instances of no call, no show are classified as one attendance occurrence, they also result in separate formal counseling for no call, no show. See policy on Formal Counseling.

4 E. Attendance Occurrence: Attendance is measured by occurrences. Part time LBR store employees will be eligible for up to two (2) excused attendance occurrences without pay, per year, after their 90 th day of employment. If excused time away from work is exhausted, one absence equals one attendance occurrence. One unexcused tardy equals one attendance occurrence Three (3) Consecutive absences excused by a doctor are interpreted as one attendance occurrence. If consecutive absences are not excused by a doctor than each day is counted as an occurrence. These attendance occurrences are aggregated for tracking purposes F. Excused Occurrence - Time away from work which does not reflect negatively against you; an occurrence which is excused. Examples: - Company holidays recognized by the LEGO Brand Retail - Bereavement Leave - Shut down Conditions determined by Management (e.g. severe weather, system failure, etc.) - Industrial Accident certified by a Managed Care Provider - Pre-Approved Personal Leave of Absence - Jury Duty or Court Appearance supported by a subpoena or legal notice - Approved FMLA Leave - Approved Disability Leave - Documented Military Leave - Tardies allotted each calendar year Unexcused Occurrence Any time away from work which is not an excused occurrence.

5 V. Disciplinary Action In order to uphold the highest level of fairness, if you are not abiding by these attendance rules, there are specific steps of disciplinary action that will be taken. The accumulation of all occurrences will be based on a January 1 to December 31, twelve-month period. Disciplinary action will begin at unexcused occurrence #1, with the progressive disciplinary actions noted below: Occurrences: Unexcused Occurrence #1 Unexcused Occurrence #2 Unexcused Occurrence #3 Unexcused Occurrence #4 Disciplinary Steps to be taken: Verbal Warning Written Warning Final/Written Warning Termination If you incur two or more unexcused occurrences during the same period of absence (e.g. an absence of 5 consecutive days that is not excused) you can receive multiple disciplinary actions at the same time. Disciplinary warnings will be issued the next time both the employee and the Store Manager are in the store. If you receive a disciplinary warning due to attendance during the last 90 days of the calendar year, your disciplinary status will be carried over and you will be placed on attendance probation for the first 90 days of the new year. While on attendance probation, use of sick time is classified as an unexcused occurrence and, any further unexcused occurrences will result in the first disciplinary step listed above. If you do not incur any unexcused occurrences during this time, your disciplinary status will be wiped clean and your sick/personal time will be available to excuse an absence. If you incur two (2) consecutive absences where you failed to follow the Call Out procedure (No call/no show), your employment will be terminated.

6 Attendance Process Update January 30, 2012 According to Section IV. E, Store Management is entitled to request a Dr. s notes to excuse absences of 3 days or more. Process: Once you have accepted the Dr. s note from the employee and track the attendance occurrences accordingly, scan and the note to: Jospeh.Van.Allen@lego.com Please include in your to Joe: Name of the employee Number of absences for which the Dr. s note applies All Dr. s notes will be kept in a medical file separated from the employee s standard personnel file. Please destroy all Dr. s notes after they are scanned and ed.