TABLE OF CONTENTS
D. PAID TIME OFF (PTO)
Welcome to GoTo Staffing! We extend our congratulations on your employment with a leader and innovator in the Manufacturing and Distribution industry. As a GoTo Staffing employee, you are our most important resource. Through your efforts as a member of our team, we provide a quality service at a reasonable cost to our customers. Your pride in your work and your Company is the primary ingredient of our success. We wish you the best during your employment with GoTo Staffing. Thanks for joining our team!
B. THE COMPANY
GoTo Staffing is a premier staffing agency, specializing in staffing for manufacturers and distributors. GoTo Staffing launched in 2009 with a vision to take staffing to a higher level. GoTo Staffing main directive is to do a more comprehensive screening when filtering potential employees. GoTo Staffing believes, by providing well equipped skilled employees in the logistics field, we maintain long lasting, successful relationship with our clients. We are proud of our past, excited about our future, and confident of our continued success.
C. OUR COMPANY PHILOSOPHY
Our Company is an equal opportunity employer. We believe all of our employees should be treated fairly and consistently. Our goal is to maintain a satisfied and productive team of employees. The keys to reaching that goal are effective leadership, fair and competitive wages and benefits, dedication to the job, and close attention to employee relations matters.
At our Company, every member of the management team is committed to our philosophy that effective leadership and dedication are the keys to a productive work environment. You have the opportunity to express your concerns, suggestions, and comments to us directly so we can understand and work with each other better. You are always free to speak to your supervisor or any member of our management team. We encourage you to raise and obtain answers to any questions that may be on your mind so we can address your concerns in a timely manner. We are proud of our relationship between our management team and our employees, and we recognize there is always room for improvement. We will always give consideration to your concerns, and we are interested in your thoughts and opinions. While we cannot guarantee we will always give you the answer you want, we will do our best to listen and to address your concerns.
D. YOUR SUPERVISOR
Your supervisor is a vital part of our management team. Your supervisor is responsible for planning the work schedule, ensuring the quality of your work, and providing you with whatever assistance you may need. Your supervisor will arrange for your job instructions, introduce you to your fellow employees, show you where things are, and advise you of your work performance.
An important part of your supervisor’s responsibilities is to answer questions, listen to your concerns, and take action where appropriate. If your supervisor does not have an answer to your question, he or she will do his or her best to obtain one for you.
E. QUESTIONS, SUGGESTIONS, AND CONCERNS
We encourage you to bring your questions, suggestions, and concerns to our attention. While we are proud of the current relationship between management and employees, we recognize there is always room for improvement. We will give consideration to your concerns.
II. BASIC EMPLOYMENT POLICIES
A. EQUAL EMPLOYMENT OPPORTUNITY
GoTo Staffing is an equal opportunity employer. We enthusiastically accept our responsibility to make employment decisions without regard to race, religious creed, color, age, sex, national origin, ancestry, citizenship status, religion, marital status, disability, military service or veteran status, genetic information, or any other classification protected by applicable federal, state, and local laws and ordinances. Our management is dedicated to ensuring the fulfillment of this policy with respect to hiring, placement, promotion, transfer, demotion, layoff, termination, recruitment advertising, pay, and other forms of compensation, training, and general treatment during employment.
Any violation of this policy will not be tolerated and will result in appropriate disciplinary action, up to and including termination. If an employee believes someone has violated this policy or otherwise has questions regarding this policy, the employee may bring the matter to the attention of a GoTo Staffing Office Manager. The Company will promptly investigate the facts and circumstances of any claim this policy has been violated and take appropriate corrective measures.
No employee will be subject to, and the Company prohibits, any form of discipline or retaliation for reporting perceived violations of this policy, pursuing any such claim, or cooperating in any way in the investigation of such claims.
B. NO HARASSMENT
GoTo Staffing does not tolerate harassment of our job applicants, contractors or employees by another employee, supervisor, vendor, customer, or any third party. Any form of harassment on the basis of race, religious creed, color, age, sex, national origin, ancestry, citizenship status, religion, marital status, disability, military service or veteran status, genetic information or any other classification protected by applicable federal, state, or local laws and ordinances is prohibited and will be treated as a disciplinary matter. The Company is committed to a workplace free of harassment.
Harassment Defined. Harassment as defined in this policy is unwelcome verbal, visual or physical conduct, creating an intimidating, offensive, or hostile work environment that interferes with work performance. Harassment can be verbal (including slurs, jokes, insults, epithets, gestures or teasing), graphic (including offensive posters, symbols, cartoons, drawings, computer displays, or e-mails) or physical conduct (including physically threatening another, blocking someone’s way, etc.) that denigrates or shows hostility or aversion towards an individual. Such conduct violates this policy, even if it is not unlawful. Because it is difficult to define unlawful harassment, employees are expected to behave at all times in a professional and respectful manner.
Sexual Harassment Defined. Sexual harassment can include all of the above actions, as well as other unwelcome conduct, such as unwelcome or unsolicited sexual advances, requests for sexual favors, conversations regarding sexual activities and other verbal or physical conduct of a sexual nature.
Examples of conduct that violates this policy include:
· unwelcome sexual advances, flirtations, advances, leering, whistling, touching, pinching, assault, blocking normal movement
· requests for sexual favors or demands for sexual favors in exchange for favorable treatment
· obscene or vulgar gestures, posters, or comments
· sexual jokes or comments about a person’s body, sexual prowess, or sexual deficiencies
· propositions, or suggestive or insulting comments of a sexual nature
· derogatory cartoons, posters, and drawings
· sexually-explicit e-mails or voicemails
· uninvited touching of a sexual nature
· unwelcome sexually-related comments
· conversation about one’s own or someone else’s sex life
· conduct or comments consistently targeted at only one gender, even if the content is not sexual
· teasing or other conduct directed toward a person because of the person’s gender
All such conduct is unacceptable in the workplace andshould be reported.
Reporting Procedures. The following steps have been put into place to ensure the work environment at GoTo Staffing is free of harassment. If an employee believes someone has violated this policy, the employee should promptly bring the matter to the immediate attention of a GoTo Staffing Office Manager or supervisor.
Investigation Procedures. The Company will promptly investigate the facts and circumstances of any claim of harassment. To the extent possible, the Company will endeavor to keep the reporting employee’s concerns confidential; however confidentiality cannot be guaranteed. Employees must cooperate in all investigations. During the investigation, the Company generally will:
· interview the complainant and the alleged harasser
· conduct further interviews as necessary
· document the Company’s findings regarding the complaint
· document recommended follow-up actions and remedies, if warranted
· inform the complainant of any Company’s findings.
Upon completion of the investigation, the Company will take corrective measures against any person who has engaged in conduct in violation of this policy, if the Company determines such measures are necessary. These measures may include, but are not limited to, counseling, suspension, or immediate termination. Anyone, regardless of position or title, whom the Company determines has engaged in conduct that violates this policy will be subject to discipline, up to and including termination.
No Retaliation. No employee will be subject to, and the Company prohibits, any form of discipline or retaliation for reporting perceived violations of this policy in good faith, pursuing any such claim, or cooperating in any way in the investigation of such claims in good faith. If an employee believes someone has violated this no-retaliation policy, the employee should bring the matter to the immediate attention of a GoTo Staffing Office Manager or supervisor. Anyone, regardless of position or title, whom the Company determines has engaged in conduct that violates this policy against retaliation will be subject to discipline, up to and including termination.
We cannot remedy claimed harassment or retaliation unless you bring these claims to the attention of management. Failure to report claims of harassment and/or retaliation prevents us from taking steps to remedy the problem.
Remote/Offsite/Customer or Vendor Locations involving Non-Employees of Goto Staffing Due to the nature of our business as a staffing agency, there are limits to the amount of control we have over any harassment claims that take place outside of our office locations that involve non-employees of GoTo Staffing. We will investigate all claims, but cannot guarantee any outcomes involving non-employees[DL1] . If we cannot resolve the issue involving a non-employee, we may offer alternative jobs (if available) at a different location/client (subject to availability, job requirements, and acceptance).
C. REASONABLE ACCOMMODATION OF INDIVIDUALS WITH DISABILITIES
GoTo Staffing recognizes and supports its obligation to endeavor to reasonably accommodate job applicants and employees with known physical or mental disabilities who are able to perform the essential functions of the position, with or without reasonable accommodation. GoTo Staffing will endeavor to provide reasonable accommodation to otherwise qualified job applicants and employees with known physical or mental disabilities, unless doing so would impose an undue hardship on the Company or pose a direct threat of substantial harm to the employee or others. An applicant or employee who believes he or she needs a reasonable accommodation of a disability should discuss the need for possible accommodation with a GoTo Staffing Manager.
D. REASONABLE ACCOMMODATION OF INDIVIDUALS WITH PREGNANCY RELATED CONDITIONS
GoTo Staffing recognizes and supports its obligation to endeavor to reasonably accommodate job applicants and employees related to pregnancy, childbirth, breastfeeding, or related conditions, who are able to perform the essential functions of the position, with or without reasonable accommodation. GoTo Staffing will endeavor to provide reasonable accommodation to otherwise qualified job applicants and employees related to pregnancy, childbirth, breastfeeding, or related conditions, unless doing so would impose an undue hardship on the Company. An applicant or employee who believes he or she needs a reasonable accommodation of a disability should discuss the need for possible accommodation with a GoTo Staffing Manager.. The Company may require an employee to provide certification from the employee’s health care provider concerning the medical advisability of a reasonable accommodation. No medical certification will be required for more frequent restroom, food, or water breaks.
E. REASONABLE ACCOMMODATION OF INDIVIDUALS’ RELIGIOUS BELIEFS AND PRACTICES
GoTo Staffing recognizes and supports its obligation to endeavor to reasonably accommodate job applicants and employees with sincere religious beliefs or practices who are able to perform the essential functions of the position, with or without reasonable accommodation. GoTo Staffing will endeavor to provide reasonable accommodation to otherwise qualified job applicants and employees, unless doing so would impose an undue hardship on the Company. An applicant or employee who believes he or she needs a reasonable accommodation of a sincere religious belief or practice should discuss the need for a possible accommodation with his or her direct supervisor orOffice Manager.
F. SUBSTANCE ABUSE
The Company is required by law to provide a safe and healthy work environment for employees. In addition, it is the Company’s goal to provide the best service possible to its customers. To achieve these goals, the Company has the following rules about the use, possession, and sale of drugs and alcohol by its employees.
The illegal or unauthorized use, being under the influence of, sale, distribution, or possession of narcotics, drugs, or controlled substances while on the job (on or off Company property) or on Company property will result in immediate disciplinary action, up to and including termination. In addition, alcohol cannot be consumed on Company property unless at an authorized social function sponsored by the Company, in which case consumption must be reasonable and responsible, and the use of alcohol during working hours or reporting to work under the influence of alcohol is strictly prohibited.
The use of controlled substances prescribed to you by a licensed physician or are available over the counter is not prohibited by this policy. However, if a physician has prescribed medication that requires any accommodation or poses safety concerns, please notify your supervisor for the area in which you work to discuss what accommodations are necessary.
Violation of this policy will result in disciplinary action, up to and including discharge.
The Company maintains a policy of non-discrimination and will endeavor to make reasonable accommodations to assist individuals recovering from substance and alcohol dependencies, and those who have a medical history which reflects treatment for substance abuse conditions. However, employees may not request an accommodation to avoid discipline for a policy violation.
G. WORKPLACE VIOLENCE PREVENTION
We are strongly committed to providing a safe workplace. The purpose of this policy is to minimize the risk of personal injury to employees and damage to Company property. We specifically discourage employees from engaging in any physical confrontation with a violent or potentially violent individual. However, we do expect and encourage employees to exercise reasonable judgment in identifying potentially dangerous situations and informing management accordingly.
Threats, threatening language, or any other acts of aggression or violence made toward or by any Company employee will not be tolerated. For purposes of this policy, a threat includes any verbal or physical harassment or abuse, attempts to intimidate or to instill fear in others, menacing gestures, bringing weapons into the workplace, stalking, or any other hostile, aggressive, injurious and/or destructive actions undertaken for the purpose of domination or intimidation. Generally, weapons are prohibited on Company premises unless such prohibition is restricted by applicable state law.
All potentially dangerous situations including threats by co‑workers should be reported immediately to the appropriate Office Manager or supervisor. Reports of threats may be made anonymously. All threats will be promptly investigated. No employee will be subject to retaliation, intimidation, or discipline as a result of reporting a threat under this policy.
If an investigation confirms that threat of a violent act or violence itself has occurred, the Company will take appropriate corrective action. Anyone, regardless of position or title, whom the Company determines has engaged in conduct that violates this policy, including retaliation, will be subject to discipline, up to and including termination.
If you are the recipient of a threat made by an outside party, please follow the steps detailed in this section. It is important for the Company to be aware of any potential danger in our workplace. Indeed, we want to take every precaution to protect everyone from the threat of a violent act by an employee or anyone else.
III. WORKING AT THE COMPANY
A. EMPLOYEE CLASSIFICATIONS
A number of different types of employees are employed by GoTo Staffing.
· Introductory Employees: All employees, during the first 90 days of employment or any extension of that period. Introductory employees may be eligible for some, but not all, Company benefits. Introductory time period may vary, which will be determined by the company to which you have been assigned.
· Regular Full-Time Employees: Employees who are regularly scheduled to work at least 40 hours per week and who have completed the 90 day introductory period (or the period of time required by the company to which you have been assigned). Regular full-time employees may be eligible for all Company benefits, subject to the terms and conditions of the applicable plans.
· Regular Part-Time Employees: Employees who are regularly scheduled to work fewer than 30 hours per week and who have completed the 90 day introductory period. Part-time employees may be eligible for some, but not all, Company benefits, subject to the terms and conditions of the applicable plans.
· Temporary Employees: Employees who are hired for a specific task or project, usually involving fewer than 180 days. While they do receive all statutory benefits, temporary employees are not eligible for Company benefits.
In addition to the above classifications, employees are categorized as either “exempt” or “non-exempt.”
· Non-Exempt Employees: Employees who are eligible for overtime under the federal Fair Labor Standards Act and/or applicable state wage/hour laws. Non-exempt employees are entitled to an overtime premium for overtime work in accordance with state and federal law.
· Exempt Employees: Salaried employees whose work duties exempt them from the overtime provisions of the federal Fair Labor Standards Act and any applicable state wage/hour laws. Employees classified as exempt receive a salary which is intended to cover all hours worked.
Employees will be informed of their initial employment classification and status as exempt or non-exempt upon commencing employment. An employee may change classifications only upon written notification by the Company. There are no automatic conversions from one classification to another. Please speak to your supervisor if you have any concerns or questions about your classification.
B. INTRODUCTORY PERIOD OF EMPLOYMENT
The first 90 days of your employment will typically be an Introductory Period. The introductory time period may vary and will be determined by the company to which you have been assigned. The Introductory Period is designed to give you a chance to become familiar with the Company and to learn your job. It also gives your supervisor a chance to work more closely with you while you learn about your job, and evaluate your performance. During this period, you may be placed in different tasks if needed. The Company reserves the right to extent the introductory period in its sole discretion.
The Introductory Period is just that—an introduction. Completion of the Introductory Period signifies our hope you will be capable of functioning fully in your position. Completion of the Introductory Period is not in any way unqualified acceptance by the Company of your performance or an assurance of continued employment. As such, completion of the introductory period does not alter the at-will nature of employment.
C. YOUR PERSONNEL AND PAYROLL RECORDS
In order to obtain your position, you provided us with a great deal of personal information, such as your address and telephone number. This information is contained in your confidential personnel file. It is important your personnel records are accurate and up-to-date. Certain information also is necessary to determine the amount of wage deductions for federal and state income tax. You should notify GoTo Staffing of any change in your name, address, telephone number, marital status, number of dependents, or emergency contact telephone number. Employees will be granted access to and copies of personnel files to the extent required and in accordance with applicable state law.
D. PERFORMANCE EVALUATIONS
We endeavor to schedule periodic performance evaluations after the Introductory Period and on the employee’s anniversary date to give you an opportunity to discuss your work performance with your supervisor. In addition, your supervisor may give you regular input regarding your performance.
During your formal performance review, your supervisor will consider the following issues, among others: attendance, initiative and effort, knowledge of your work, quality and quantity of work performed, and the conditions under which you work. The performance evaluation is designed to identify your strengths and also inform you of areas where improvement may be required. Your performance evaluation may also provide an opportunity for you to discuss performance goals and targets with your supervisor.
E. YOUR WAGES
Your pay is influenced by many factors, including your skills, experience, salary history, education, nature and scope of your job, performance, and the Company’s budgetary needs. Wage and salary increases are based on a number of factors, including the Company’s financial wellbeing, your performance, and wages within our industry. Length of service may also be among the factors considered. Raises are determined in the sole discretion of the Company. A good performance review neither guarantees a raise nor promises continued employment with the Company. The Company generally reviews wages after the completion of the Introductory Period of employment and on the employee’s anniversary date.
F. YOUR WORK WEEK
When you begin your employment with us, you will be advised of your schedule. From time-to-time, it may be necessary to change your work schedule. Your cooperation with any such changes is both expected and appreciated. We will do our best to give you as much advance notice as possible of any changes in your work schedule. We also will try to keep all unscheduled changes to a minimum.
For payroll purposes, the workweek starts on 12:01 a.m. Sunday and ends on Midnight Saturday.
The nature of our business sometimes requires employees to work overtime. Your supervisor will notify you when you are required to work overtime. We expect and appreciate your cooperation. We will try to provide you with advance notice of any overtime that will be required of you. If you are a non-exempt employee, you will be paid overtime in accordance with state and federal overtime requirements. For all hours worked in excess of 40 hours in one (1) week, you will be paid at one and one-half times (1½) your regular rate of pay, unless otherwise required by applicable law. There may be exceptions to these standards where allowed by law.
Please remember you are not allowed to work overtime unless it has been authorized in advance by your supervisor. He or she will initial your overtime hours on your timecard or attendance sheet. Each company to which you are assigned may have minor alterations in regards to Overtime.
If you are a non-exempt employee, you will receive either a timecard or be given access to a timeclock at the beginning of each work week on which you are to record your daily starting, meal and ending times. You must show an accurate record of the hours you work because your paycheck will be based on this attendance record. Your time sheet or timecard must remain in the space provided for these items.
You are to follow the specified sign in procedure to sign in when you arrive at work, but under no circumstances are you to sign in and begin work more than five (5) minutes prior to your scheduled starting time or five (5) minutes after your scheduled quitting time unless specifically authorized. You are required to follow the specified sign out procedure to sign out whenever you leave the building for any non-business reason and during your meal period, regardless of whether you leave the premises. Non-exempt employees may never work off the clock.
If you fail to record your starting or quitting time or there is an error on your time log, be sure to notify your supervisor. All attendance records must be approved by your supervisor. You may only record starting and quitting time on your own time cards or time sheets. Doing so for other employees may lead to discipline, up to and including termination.
I. YOUR PAYCHECK
You will be paid weekly on Fridays by either check, direct deposit, or a paycard issued to you consistent with applicable law, for all the time you have worked during the past pay period.
We are required by law to make certain deductions from your paycheck. Your pay stub itemizes the deductions made from your gross earnings. Federal or state laws require we make deductions for social security, federal income tax, state income tax (where applicable), state disability insurance (where applicable), and any other legally-mandated taxes or deductions. In addition, you may authorize deductions for additional items, such as your contribution for medical insurance, 401K savings plans,equipment, paycheck advances, garnishments, child support, etc.
J. SAFE HARBOR POLICY FOR EXEMPT EMPLOYEES
It is our policy and practice to accurately compensate employees and to do so in compliance with all applicable state and federal laws. To ensure you are paid properly and no improper deductions are made, you must review your pay stubs promptly to identify and to report all errors.
If you believe a mistake has occurred or if you have any questions, please use the reporting procedure outlined below.
As an exempt salaried employee, you receive a salary which is intended to compensate you for all hours you work for the Company. This salary will be established at the time of hire or when you become classified as an exempt employee. While it may be subject to review and modification from time-to-time, such as during salary review times, the salary will be a predetermined amount that will not be subject to deductions for variations in the quantity or quality of the work you perform.
Under federal and state law, your salary is subject to certain deductions. For example, absent contrary state law requirements, your salary can be reduced for the following reasons:
· Full-day absences for personal reasons.
· Full-day absences for sickness or disability, if you have exhausted the paid sick leave available to you.
· Intermittent absences, including partial-day absences, covered by the federal Family and Medical Leave Act, if you have exhausted other paid leave available to you.
· Full day disciplinary suspensions for infractions of our written policies and procedures.
· To offset amounts received as payment for jury and witness fees or military pay.
· During the first or last week of employment in the event you work less than a full week.
· Any workweek in which you perform no work for the Company.
Your salary also may be reduced for certain types of deductions, such as your portion of health, dental or life insurance premiums; state, federal or local taxes, social security; or, voluntary contributions to a 401(k), equipment, paycheck advances, garnishments, child support, etc. In any workweek in which you performed any work, your salary will not be reduced for any of the following reasons:
· Your absence on a holiday when the facility is closed, or because the facility is otherwise closed on a scheduled workday.
· Absences for jury duty, attendance as a witness, or military leave in any week in which you have performed any work.
· Any other deductions prohibited by state or federal law.
K. EXPENSE REIMBURSEMENT
The Company will approved reimburse employees for reasonable expenses incurred for business purposes including, but not limited to, meals, lodging, and transportation. The Company will reimburse mileage driven on your personal automobile at the current IRS-approved rate per mile. All business travel and business purchases must be approved in advance by the President of GoTo Staffing in order to be eligible for reimbursement.
IV. EMPLOYEE BENEFITS
A. YOUR BENEFITS PACKAGE
GoTo Staffing may offer benefits to its eligible employees. Most benefits will be described for you in a benefits orientation meeting upon eligibility. This Handbook briefly describes some of those benefits.
The descriptions of the insurance benefits merely highlight certain aspects of the Company’s plans for your general information only. The provisions of the plans, including eligibility and benefits provisions, are summarized in the summary plan descriptions (“SPDs”) (which may be revised from time to time) for the plans. Additionally, the official plan documents are available for your review upon your request from management. In the determination of benefits or other matters under each plan, the terms of the official plan documents shall govern over the language of any descriptions of the plans, including the SPDs.
Further, the Company (including the officers and administrators who are responsible for administering the plans) retains full discretionary authority to interpret the terms of the plans, as well as full discretionary authority with regard to administrative matters arising in connection with the plans and all issues concerning benefit eligibility and entitlement.
While the Company intends to maintain these employee benefits, it reserves the absolute right to modify, amend or terminate these benefits at any time and for any reason.
B. INSURANCE AND RETIREMENT BENEFITS
Eligible employees of GoTo Staffing may participate in a variety of insurance and retirement programs. Insurance programs, retirement programs, or any other benefit programs eligibility and coverage are subject to change without notice. GoTo Staffing may modify or rescind any benefits provided.
C. WORKERS’ COMPENSATION INSURANCE AND SHORT-TERM DISABILITY BENEFITS
Accidental injuries which occur during working hours or conditions caused by work activities are covered under our Workers’ Compensation policy, which is paid for by the Company. This insurance provides for the payment of medical expenses and weekly compensation payments during the period of an employee's work-related injury or illness.
Report all injuries, no matter how slight, to management as soon as possible. You must file your claim forms promptly in order for your claim to be processed and Company records to be prepared properly. Failure to follow Company procedures may affect your ability to receive Workers Compensation benefits. Employees also may be entitled to receive statutory short-term disability payments for non-occupational injuries depending upon their work location.
Workers’ Compensation is solely a monetary benefit and not leaves of absence.
D. PAID TIME OFF (PTO)
Paid time off (PTO) is intended to provide employees with a reasonable period of time each year to be free of job responsibilities. PTO may be used for most reasons you are not able to work, including vacations, sick days, personal days off (i.e. Birthday of personal business), childcare, their own illness or need for medical care, family concerns or illness, and medical or dental appointments.
Regularly scheduled full-time employees employed at a Company office location are eligible to accrue paid time off. Accrual begins based on hire date and after the completion of the Introductory Period and occurs as an employee works. Part time, Temporary and Casual employees employed at an offsite client location are not eligible to accrue paid vacation time. The rate your PTO accrues depends upon your employee status and length of service with the Company. PTO for regular full-time employees accrues according to the table below.
Length of Continuous Service
Maximum Accrued Days of
PTO Per Year
3 – 12 months
1 year to 2 years
2 years to 4 years
7 Days Reg. + 3 Days Paid Sick Leave
4 years to 5 years
12 Days Reg. + 3 Days Paid Sick Leave
6 years or more
20 Days Reg. + 5 Days Paid Sick Leave
Employees accrue PTO pro-rata as they work up to the maximum accruals stated above. PTO must be used during the year in which it is accrued. Accrued, unused PTO may not be carried over from year to year. We do not “cash out” PTO in lieu of you taking PTO. Upon separation of employment for any reason, all employees will not be paid for their accrued or unused PTO.
Requests for time off should be submitted to your manager using the appropriate form for approval at least 2 weeks prior to your anticipated day(s) off. Where advance notice is not possible (for example, due to illness), you are expected to notify your manager of your absence as soon as practicable, but no later than 30 minutes before the start of your normally scheduled workday. Your manager will approve or deny your PTO request after considering such factors as department workload, the timeliness of your PTO request, the work schedules and time off requests of co-workers, project deadlines and other requirements that best ensure the continued smooth operation of your department and the company. If your PTO request is denied and you elect to take time off anyway, the time will be unpaid and you may be subject to disciplinary action under our attendance guidelines.
We strongly believe employees should devote their PTO used for vacation or personal reasons for rest and relaxation. Doing so allows employees to recharge their batteries and generally makes for a more productive workforce. Accordingly, employees who are using PTO are not expected to check their voice mail or e-mail when away from the workplace.
If a Company-recognized holiday falls during a scheduled vacation, the holiday time off will not be charged against the employee’s accrued vacation time. Recognized holidays are as follows: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Eve (conditional), Christmas Day and New Year’s Eve (conditional). PTO is not accrued during disability and other leaves of absence. PTO hours may not be used to provide payment for absence due to disciplinary suspension.
E. FAMILY AND MEDICAL LEAVE
Employees are eligible for FMLA if:
· At least 50 or more employees are employed within a 75-mile radius of the employee’s work site;
· The employee has been employed for at least one year; and
· The employee has worked at least 1250 hours within the previous 12 months.
Basic Leave Entitlement
FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for the following reasons:
· For incapacity due to pregnancy, prenatal medical care or child birth;
· To care for the employee’s child after birth , or placement for adoption or foster care;
· To care for the employee’s spouse, son or daughter, or parent who has a serious health condition; or
· For a serious health condition that makes the employee unable to perform the employee’s job.
Military Family Leave Entitlements
Eligible employees with a spouse, son, daughter, or parent on covered active duty or call to covered active duty status in the Reserve component of the Armed Forces for deployment to a foreign country in support of a contingency operation or Regular Armed Forces for deployment to a foreign country may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, caring for the parents of the military member on covered active duty and attending post-deployment reintegration briefings.
FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member during a single 12-month period. A “covered service member” is a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is on the temporary retired list, for a serious injury or illness. These individuals are referred to in this policy as “current members of the Armed Forces.” Covered service members also include a veteran who was discharged or released from military service under condition other than dishonorable at any time during the five (5) year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran, and who is undergoing medical treatment, recuperation or therapy for a serious injury or illness. These individuals are referred to in this policy as “covered veterans.”
The FMLA definitions of a “serious injury or illness” for current Armed Forces members and covered veterans are distinct from the FMLA definition of a “serious health condition” applicable to FMLA leave to care for a covered family member.
Benefits and Protections
During FMLA leave, the employer must maintain the employee’s health coverage under any “group health plan” on the same terms as if the employee had continued to work. Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.
Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee’s leave.
Employees are eligible if they have worked for a covered employer for at least one year, for 1,250 hours over the previous 12 months, and if at least 50 employees are employed by the employer within 75 miles.
Definition of Serious Health Condition
A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job, or prevents the qualified family member from participating in school or other daily activities.
Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than 3 consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.
Use of Leave
An employee does not need to use this leave entitlement in one block. Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer’s operations. Leave due to qualifying exigencies may also be taken on an intermittent basis.
Substitution of Paid Leave for Unpaid Leave
Employees may choose or employers may require use of accrued paid leave while taking FMLA leave. In order to use paid leave for FMLA leave, employees must comply with the employer’s normal paid leave policies.
Employees must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days notice is not possible, the employee must provide notice as soon as practicable and generally must comply with an employer’s normal call-in procedures.
Employees must provide sufficient information for the employer to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform the employer if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also may be required to provide a certification and periodic recertification supporting the need for leave.
Covered employers must inform employees requesting leave whether they are eligible under FMLA. If they are, the notice must specify any additional information required as well as the employees’ rights and responsibilities. If they are not eligible, the employer must provide a reason for ineligibility.
Covered employers must inform employees if leave will be designated as FMLA-protected and the amount of leave counted against the employee’s leave entitlement. If the employer determines that the leave is not FMLA-protected, the employer must notify the employee.
Unlawful Acts by Employers
FMLA makes it unlawful for any employer to:
Interfere with, restrain or deny the exercise of any right provided under FMLA;
· Discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.
An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer. FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights.