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Farm Employers Labor Service
SAMPLE EMPLOYEE HANDBOOK POLICIES
Copyright 2007
Farm Employers Labor Service (FELS®)
Sacramento, California
All Rights Reserved, Including
The Right to Reproduce this Manual
Or Portion Thereof, in Any Form
Printed in the United States FARM EMPLOYERS LABOR SERVICE (FELS®)
2300 RIVER PLAZA DRIVE
SACRAMENTO, CA 95833-3293
(800) 753-9073
TABLE OF CONTENTS Titles WELCOME (1000A) Revised September 2006 Welcome to our company. We hope our relationship will be satisfying and rewarding for both you and the company. Like any other business, we must make a profit to succeed. Our success as a business has been due mainly to the excellent work and cooperation of our employees. In return, our policies and benefits are designed to insure all of us a good place to work. The issuance of this handbook is an example of our policy of striving to improve our communications and human relations with our employees. Your employment is not for any definite period but is irrevocably at will, meaning either you or the company may, either with or without cause, end the employment relationship at any time. Also, the company may, either with or without cause, demote or otherwise discipline you. Further, except for the terms and conditions of employment stated in this paragraph (which cannot be changed), the company may, either with or without cause, change its employment policies, practices, requirements, benefit programs, the amount of your compensation and your duties and hours of work by notifying you in writing of the change signed by the president, owner or chief operations manager of the company. By remaining in employment after having been so notified, you will be deemed to have agreed to the change. EMPLOYMENT RELATIONSHIP (1000C) Employment with the company is at will. Just as you are free to end your employment with the company without giving any reason or prior notice, the company has the same right. The company thus at any time may, either with or without cause or prior notice, end its employment relationship with you. No one can change this at-will relationship. Except for the at-will nature of the employment relationship, the company may, either with or without cause, change any other term or condition of your employment by notifying you in writing of the change signed by the president, owner or chief operations manager of the company. By remaining in the company's employment after having been so notified, you will be deemed to have agreed to the change. This handbook cancels and replaces all prior personnel policies, practices and guidelines of the company. This handbook is a general guide to the company's personnel policies. Final interpretation of all company policies and their application to specific situations rests with the company's president or owner or his or her designee. Except for this policy and the policy that states employment is irrevocably at will (neither of which can be changed), the company may, either with or without cause, change its employment requirements, policies, practices, and benefit programs, and an employee's compensation, position, duties and hours of work, and any other term or condition of employment, by notifying the employee in writing of the change. Remaining in employment after having been so notified means the employee agrees to the change. An employee should direct any question about the polices, procedures and programs described in this handbook to his or her supervisor or to the company's office. The Spanish translation contained in this handbook is intended solely as a convenience to our employees. We hope the translation will help our Spanish-speaking employees more easily understand our policies. However, the English version of a policy is the authoritative expression of company policy on its subject matter. EQUAL OPPORTUNITY EMPLOYMENT (2000B) Applicants for employment and employees of our company are provided an equal opportunity that complies with all applicable laws prohibiting discrimination in employment. To the extent required by law, equal employment decisions are extended to all persons in all aspects of the employment relationship, including recruitment, hiring, promotion, training, layoff, recall, transfer, disciplinary action and discharge. The Company is committed to complying with all applicable laws requiring equal employment opportunities. This commitment applies to all persons involved in the Company's operations and prohibits unlawful discrimination by any Company employee, supervisory or not. To comply with applicable laws ensuring equal employment opportunities to qualified individuals with disabilities, the Company makes reasonable accommodation for the known physical or mental limitation of an otherwise qualified job applicant or employee with a disability unless undue hardship would result. An applicant or employee requiring an accommodation to enable him or her do all essential job functions should ask a Company representative with day-to-day personnel responsibilities for a specific desired accommodation. The Company then conducts an investigation to identify any barrier that interferes with the ability of the person to do the job. The Company then identifies possible accommodations, if any, that would enable the person to do the job. The Company will make an accommodation as long as it is reasonable and would not impose an undue hardship on the Company. HIRING PROCEDURES AND CONDITIONS OF EMPLOYMENT (2000C) Employment with the company is based upon whether an applicant is qualified to fill a position vacant at the time of application. Applications for employment must be obtained from the office. Only applications routed through the office will be considered. Employees should direct all applicants to the office. Applicants previously employed by the company who were discharged for violating company policies, including company performance standards, will not be re-employed. Applicants under 18 years of age must provide the company with a work permit and proof of age before being considered for employment. Applications for employment are valid for 30 days. To remain an active applicant, the applicant must submit to the office a new application once every 30 days. Under federal law, every employer must verify the right of every new employee to work in the United States. Every new employee must show to an authorized representative of the company either (1) a single document which establishes the employee's employment eligibility and identity or (2) a pair of documents, with one establishing the employee's employment eligibility, and the other the employee's identity. Upon being hired (that is, when work begins), every employee must complete and sign Section 1 of a government form (INS Form I-9), attesting that the employee is authorized to work in the United States. It is the employment policy of this company: 1. That employees are responsible for their own transportation to and from work. If an employee at the time of hire has any reason to believe that he or she may have difficulty in meeting this condition, the employee must inform the company then. 2. To prohibit more than one person from working under the same name or social security number. 3. To require employees to work overtime upon the request of the company. 4. Minor children are not allowed to work upon these premises unless legally permitted to do so by law and unless permits to work have been secured by the minor children from duly constituted authorities. 5. To require applicants, if hired, to submit documentation as proof of their legal right to work in the United States. 6. The company may require a physical examination at the time of hire or whenever it is uncertain about an employee's physical ability to perform his or her job. A physical examination is conducted by a doctor selected by the company at the company's expense. Records of such physical examinations are confidential. 7. To require applicants to authorize the company to investigate all statements contained in the application for employment. The company may discharge immediately any employee who misrepresented or omitted any fact called for in the application for employment. 8. To require employees to abide by all rules and regulations of the company as contained in the company's employee handbook, as posted on company bulletin boards or as instructed by supervisors of the company. 9. That employment is for an indefinite period and is at will and, regardless of the date of payment of wages or salary, either the company or the employee may end the employment relationship at any time, either with or without cause or prior notice. 10. That, except for this policy and the policy which states that employment is will (which cannot be changed), the company reserves the right to change, revoke or add to its employment policies at any time by notifying employees in writing of the change, revocation or addition. 11. To require a photograph of the applicant after employment begins. 12. To prohibit relatives to be assigned to the same work crew or department in certain circumstances. 13. To require employees handling funds of the company to be bonded as a condition of employment. Because we want to provide as much continual employment as possible for everyone working here, employees may be required to do any number of jobs other than what is described for their basic classification. Employees may be assigned to help out with any other activity we have. The company takes a firm position that employees should not feel obligated to pay anyone in order to keep their jobs. To reduce the possibility of such an occurrence, employees are prohibited from giving gifts (including money) to management personnel of the company. If an employee is solicited by a management person for a gift (including money) the employee shall notify the manager immediately. The manager shall investigate the allegation and take corrective action as deemed appropriate. One of the first persons you will meet will be your supervisor. If you have any difficulties on the job or personal problems, consult your supervisor. Your supervisor will make sure that you meet the company's standards of safety, quality and production. Your supervisor has the authority to assign your work, evaluate your performance, and tell you what to do to improve. EMPLOYMENT REFERENCES AND VERIFYING STATUS (2000G) Our company provides, upon request, employment references or employment status to prospective employers and financial institutions pertaining to a current or former employee. Employment references will only be issued with the authorization of the company's President or the President's designee. All requests for employee information must be in writing. All employment information shall be written and based on information in the employee's personnel file, attendance records or payroll records. No other information shall be provided to a external employer or financial institution upon request. Personal information of an employee or former employee, not relevant to the new position, such as phone number or home address, will not be disclosed. Prior to an employee's departure from the company, the company will review the rehire status of the employee and the reasons for the employee's rehire status. The company will request the employee sign an acknowledgment of his or her rehire status and approval of the employer to disclose this information to a prospective employer. All employees, including supervisory personnel shall direct all requests, oral or written, for employment information to the President. Following are examples of specific instances under which the company will release certain personal information. A. Provided that the inquirer clearly identifies the individual, the company will respond to: verification of employment inquiries and reference requests from sources outside the company for current and former employees by disclosing, among other information, dates of employment and position held. When a former employee's work history or cause for dismissal is deemed to be materially relevant to the new position and may effect the safety of the employee and others, the company will disclose such information. All such information shall be documented and verifiable. B. With written authorization from the employee or former employee the company will respond to credit offices, banks and prospective employers whose inquiries include a request to disclose salary information. C. Current Employees: Employees who are looking for positions outside the company and who ask the supervisor to provide a reference should be informed of the policy as stated above. If a current employee is seeking a transfer within the company the hiring supervisor should contact the employee's current supervisor to discuss his or her ability to perform in the position. The employee's current supervisor should provide relevant, documented job related information. In addition, the hiring supervisor will work with Human Resources to share the last two performance reviews as well as letters of commendation and/or disciplinary action in the individual's personnel file. D. Former Employees: Former employees who request a supervisor's reference should be informed that supervisors are not authorized to provide a reference either by phone or in writing. If supervisors receive calls or written requests from prospective employers, the inquiry must be forwarded to the company President. Release of information will be under the conditions described above. The company strongly condemns any form of unlawful employment-related harassment. Besides being against the law, harassment--including but not limited to sexual harassment--in employment is not good business. The company maintains a policy of freedom from discrimination and bias. So that all personnel will cooperate in implementing that policy, here are the elements of the company's policy on harassment: 1. All supervisors and employees must ensure and maintain a bias-free and nondiscriminatory work environment free of unlawful harassment. 2. The company does not tolerate any harassment or use by anyone in its employ of any verbally-derogatory epithet based on race, religious creed, color, age, sex, physical or mental disability, national origin, ancestry, medical condition (cancer) or marital status. 3. Sexual harassment is defined as unwanted sexual advances, or visual, verbal or physical conduct of a sexual nature. Sexual harassment includes many forms of offensive behavior and includes gender-based harassment of a person of the same sex as the harasser. Some examples of sexual harassment are: a. Unwanted sexual advances b. Offering employment benefits in exchange for sexual favors c. Making or threatening reprisals after receiving a negative response to sexual advances d. Visual conduct: leering, making sexual gestures, displaying of sexually-suggestive objects or pictures, cartoons or posters e. Verbal conduct: making or using derogatory comments, epithets, slurs, and jokes f. Verbal sexual advances or propositions g. Verbal abuse of a sexual nature, graphic verbal commentaries about an individual's body, sexually-degrading words used to describe an individual, suggestive or obscene letters, notes, or invitations h. Physical conduct: touching, assault, impeding or blocking movements 4. An employee who believes that this policy is being violated should report that belief to the employee's supervisor immediately, either in writing or personally. An employee who believes that the employee's supervisor is violating this policy should report the matter to the supervisor's supervisor. 5. After learning of an employee's concern about being harassed, the company acts to stop any further harassment and to correct any effect of the harassment. To those ends, the company: a. Fully informs the complainant of his or her rights and of any obligation to secure those rights. b. Fully and effectively investigates the complaint. The investigation is immediate, thorough, objective and complete. Persons with information on the matter are interviewed. A determination is made and the results communicated to the complainant, to the alleged harasser, and as appropriate, to others directly concerned. c. Takes prompt and effective action to remedy harassment. First, appropriate action is taken against the harasser and communicated to the complainant. Second, steps are taken to prevent any further harassment. Third, appropriate action is taken to remedy the complainant's loss, if any. 6. An employee or job applicant who believes that he or she has been harassed may, within one year of the harassment, file a complaint of discrimination with the California Department of Fair Employment and Housing (DFEH). The DFEH is a neutral fact-finder that tries to help the parties voluntarily resolve disputes. If the DFEH finds evidence of harassment and settlement efforts fail, it may file a formal accusation against the company and the harasser. The accusation will lead to either a public hearing before the California Fair Employment and Housing Commission (FEHC) or a lawsuit filed on the complainant's behalf by the DFEH. If the FEHC finds that harassment occurred, it can order remedies, including fines or damages from the company and harasser. In addition, the FEHC may order hiring or reinstatement, back pay, promotion, and changes in the policies or practices of the company. A court may order unlimited damages. 7. No employee shall suffer any retaliation for using this policy to resolve a harassment concern, opposing the practices prohibited by this policy, or filing a complaint with or otherwise participating in an investigation or other proceeding conducted by the DFEH or FEHC. 8. For more information contact the DFEH at: (Note: Below is a list of the locations and phone numbers of DFEH offices. Indicate here from the list the information for the closest office. FRESNO LOS ANGELES DISTRICT I 1320 E. Shaw Avenue, Suite 150 611 W. 6th Street, Suite 1500 Fresno, CA 93710 Los Angeles, CA 90017-3116 (559) 244-4760 (213) 439-6700 OAKLAND LOS ANGELES DISTRICT II 1515 Clay Street, Suite 701 611 W. 6th Street, Suite 1500 Oakland, CA 94612-2512 Los Angeles, CA 90017-3116 (510) 622-2941 (213) 622-6701 SACRAMENTO LOS ANGELES III 2000 "O" Street, #120 611 W. 6th Street, Suite 1500 Sacramento, CA 95814-5212 Los Angeles, CA 90017-3116 (916) 445-5523 (213) 439-6702 SAN FRANCISCO SAN BERNARDINO 455 Golden Gate Ave, Ste. 7600 1845 S. Business Center Dr.,Ste. 127 San Francisco, CA 94102-6073 San Bernardino, CA 92408-3426 (415) 703-4177 (909) 383-4373 SAN JOSE SAN DIEGO 111 North Market St., Ste. 810 350 W. Ash St., Ste. 950 San Jose, CA 95113-1102 San Diego, CA 92101-3901 (408) 277-1271 (619) 645-2681 SANTA ANA VENTURA 28 Civic Center Plaza, Ste. 538 1732 Palma Dr., Ste. 200 Santa Ana, CA 92701-4010 Ventura, CA 93003-5796 (714) 558-4266 (805) 654-4514 VERIFYING SOCIAL SECURITY NUMBERS (2000I) As part of the job-application process, applicants must complete, sign and submit to the company Social Security Administration (SSA) form SSA-3288, Consent for Release of Information, which the company then submits to the SSA. That form authorizes the SSA to release to the company confirmation of the applicant's social security number and other identifying information about the applicant. This practice helps the company ensure it hires only persons with valid Social Security numbers. The Company requires every employee to have a valid Social Security account number. Accordingly, the Company asks the Social Security Administration (SSA) to verify the SSN of every newly-hired employee. If the SSA advises the Company that an employee''s SSN is invalid or that it otherwise does not match the SSA''s records, the employee is notified by the Company of the discrepancy and instructed to resolve the matter with the SSA. The employee has 30 days to give the Company either a new SSN card displaying the employee''s correct name and SSN or a document from SSA stating the employee is in the process resolving the discrepancy. An employee who, within 90 days of the discrepancy notice, fails to furnish the Company with a new SSN card displaying the employee''s correct name and SSN is discharged. An employee so discharged who later returns with a valid SSN card is eligible to be considered for rehire. Company supervisors are authorized to take applications for employment and to seek persons to work for the Company. Supervisory personnel must direct job applicants who show up at the worksite to the company bulletin board that contains basic employment information about the type of jobs available, rates of pay and benefits. Persons recruited away from Company premises by a supervisor must obtain from the Company office written employment information. The written employment information is made available to persons recruited to work for the Company. A supervisor must provide to a person recruited over the telephone the written employment information as soon as practical. HOURS OF WORK, THE WORKWEEK AND REPORTING TIME (3000A) In farming operations the working hours and reporting time may vary with time of year and crop conditions. Your supervisor will alter working hours and reporting time as necessary. Your supervisor will notify you before altering the working hours or reporting time. The workweek begins at 12:01 a.m. each Monday and ends at 12:00 midnight the next Sunday. Employees normally work six 10-hour workdays each workweek. However, this norm is not to be construed as a guarantee of a certain number of work hours or workdays. Normal reporting time is 7 a.m. each day unless changed by your supervisor, either orally or in writing. Every employee is authorized to take a rest break of 10 minutes for each 4 hours of work (or major fraction thereof). If the total workday is less than 3-1/2 hours no rest breaks will be scheduled. Rest breaks will be considered as time worked and will be scheduled as close to the middle of the work period as practicable. After a work period of not more than 5 hours each employee will be permitted to take a 30-minute meal period unless the total workday can be completed within 6 hours. The meal period will not be considered as time worked. Rest periods are held at specific scheduled times as determined by your supervisor and may vary depending on type of work and time of the year. The rest periods for those in crews are scheduled at the same time of day throughout the company. All employees performing work either by the hour or by a piece rate shall have a designated starting and ending work time as determined by the company. Employees must observe the work schedule by beginning and finishing their work at these announced times. The company prohibits employees from working during periods other than the announced work schedule. If an employee reports to work as scheduled but no work or less than half of the employee's usual or scheduled hours are available, then the company will pay the employee reporting time pay. Reporting time pay equals the pay for half of the employee's usual or scheduled day's work, but shall not exceed four hours or be less than two hours of pay. Also, an employee who is required to report to work a second time in the same workday after a work break (excluding meal and rest periods) is paid for a minimum of two hours. Reporting time pay does not apply to employees on paid standby status or when work is not available due to causes beyond the control of the company such as rain, frost, upon recommendation of civil authorities or when utilities fail. The supervisor records each employee's hours worked. The supervisor reports the hours worked to the office so that each employee can be accurately paid for the hours worked in the preceding payroll period. Before a supervisor sends the time record to the office, each employee must certify that the hours are accurate and that they reflect the total hours worked during the payroll period. An employee who has a question about his or her hours worked should ask his or her supervisor before coming to the office. Every employee is issued a time card each payroll period. The employee's time worked during the payroll period is recorded on the time card. These rules govern time cards: 1. Each employee shall record only his or her own time worked. Employees punching in or out for another employee shall be subject to immediate disciplinary action, including discharge. 2. If a time clock is not functioning, your supervisor will record and verify the time worked on the time card. 3. State Labor Code Section 2928 allows an employer to deduct from a tardy employee's wages an amount equal to the wage which would have been earned during the time lost. However, "for a loss of time less than 30 minutes, a half hour's wage may be deducted." Consistent with that law, the company deducts 30 minutes of wages for any amount of tardiness during the first half hour of scheduled worktime. For a tardiness after the first half hour, the "quarter-hour" rule explained below will govern the calculation of wages earned. 4. On the last day of the payroll period, the employee must sign the bottom of the time card to affirm that the time recorded on the time card is accurate. 5. The payroll department calculates time worked in quarter-hour intervals. An employee is paid for a whole quarter-hour of work when the employee worked a major fraction of a quarter-hour (i.e., at least 8 minutes). Conversely, an employee who works less than a major fraction of a quarter-hour interval (7 minutes or less) will not be paid for any part of the quarter-hour. 6. Employees must punch out anytime they leave the company premises when not on company business. 7. If an employee fails to punch in or out the employees' supervisor will manually record the time worked. Employees who continuously fail to punch in or out as required will be subject to the company's disciplinary procedures. 8. Employees must not punch in earlier than seven minutes before their scheduled starting time. The company has no control over machinery breakdown during the harvest period. Therefore, the company in such cases determines in its sole discretion whether employees will stay and be paid for waiting time until it is fixed or be sent home (and paid reporting-time pay, if applicable). FITNESS FOR WORK (3000H) Employees must report for work when and where scheduled, both physically and mentally willing and able to work. Also, the employee must report to work with the necessary tools loaned to the employee by the company. The company may prevent from starting or continuing to work an employee who, in the opinion of the employee's supervisor, is physically or mentally impaired to an extent the employee could not work competently or would pose a safety threat if allowed to work. Impairment may be due to the employee being under the influence of alcohol or other drugs, or to any other physical or mental limitation that may pose a safety hazard. The company may also prevent from working an employee who reports to work without necessary tools loaned to him or her by the company. In farming operations, the working hours and reporting time may vary by time of year. Your supervisor will alter your working hours and reporting time as necessary. Your supervisor will notify you before altering your working hours or reporting time. The workweek begins at 12:01 a.m. each Monday and ends at 12 midnight the next Sunday. Because of unpredictable weather from November through February, your work will be scheduled on a day-by-day basis. Each day Monday through Saturday during those months, call the office between 6:30 and 7 a.m. to find out if you are to report for work that day and, if so, the time at which you are to report. You must call the office as noted above so you can be notified of the work schedule, if any, for that day. If you report for work on a day for which no work is scheduled, you will not be paid any reporting-time pay. Also, you will not be paid for any time you spend waiting for work to start if you report for work before the scheduled reporting time for that day. WINTER WORK SCHEDULE AND REPORTING TIME PAY (3000J) During winter months it becomes difficult to predict when--or if--work will start on any given day. Unfortunately, the Industrial Welfare Commission (IWC) orders are fairly rigid when it comes to paying employees who report for but are not provided with work or are prevented from commencing work at the scheduled starting time. The provision on reporting time pay in the IWC orders states: (A) Each workday an employee is required to report for work and does report, but is not put to work or is furnished less than half said employee's usual or scheduled day's work, the employee shall be paid for half the usual or scheduled day's work, but in no event for less than two (2) hours nor more than four (4) hours, at the employee's regular rate of pay, which shall not be less than the minimum wage. (B) If an employee is required to report for work a second time in any one workday and is furnished less than two hours of work on the second reporting, said employee shall be paid for two hours at the employee's regular rate of pay, which shall not be less than the minimum wage. (C) The foregoing reporting time pay provisions are not applicable when: (1) Operations cannot commence or continue due to threats to employees or property; or when recommended by civil authorities; or (2) Public utilities fail to supply electricity, water, or gas, or there is a failure in the public utilities, or sewer system; or (3) The interruption of work is caused by an Act of God or other cause not within the employer's control. (D) This section shall not apply to an employee on paid standby status who is called to perform assigned work at a time other than the employee's scheduled reporting time. Standby is where an employee must be on call and ready to report for work should the company desire the employee's services at an unspecified time. The degree of freedom that the employee has to pursue the employee's own interests determines whether the company must treat the standby time as hours worked. Generally, whether standby time must be counted as hours worked depends on whether it is controlled or uncontrolled. Controlled Standby: Standby time is controlled where the company requires an employee during a specific time period to be close to the work place at a location where the employee can be reached if needed. Generally, the time "on call" of an employee whose movements are so restricted by the company's requirements that he cannot use the time effectively for his own purposes is deemed hours worked. In the case of frost control, an employee is informed of the time of day when controlled standby time starts. The rate of pay for controlled standby time is the minimum wage, and controlled standby time is separately recorded as such. Because controlled standby time is hours worked, it also counts for the purpose of overtime pay. Uncontrolled Standby: Standby time is uncontrolled where the employee may leave the workplace, is required merely to inform the company of where the employee may be contacted, and is allowed sufficient time to pursue his or her own activities. The company does not count uncontrolled standby time as hours worked. Sometimes certain employees are placed on standby. The Company expects an employee on standby to return to work within a reasonable time, generally within 30 minutes of the call to return to work. The Company informs the standby employee when the standby time begins. For example, in the case of an employee who is on frost-protection duty, the standby time may begin at 3 a.m. based on weather conditions. The Company might provide the standby employee with a telecommunication device, such as a pager or wireless telephone, by which the employee is alerted to the need to return to work. Or, the employee may be told to listen to a radio for reports of weather conditions. In these situations, an employee is not paid for the time waiting for a return-to-work call. An employee required by the Company to stand by at a specific location is paid at the state minimum wage for the standby time specified by the Company. Our company has multiple work sites with a wide range of travel times to them. The work sites are located in [the counties of or describe geographic area]. Employees may be assigned to work at any one or more of these work sites. Employees accept employment with our company understanding that they are responsible for their transportation to these work sites. Further, time spent by employees traveling to and from these work sites is not considered hours worked, and employees are not compensated for that time whether they ride in their own vehicles or voluntarily in company-provided transportation; such time is considered hours worked by an employee only where the company requires the employee to use company- provided transportation. LACTATION ACCOMMODATION (3000N) The company provides a reasonable amount of break time to accommodate an employee wishing to express breast milk for her infant child. If possible, the break time is to run concurrently with the rest period required by the applicable Industrial Welfare Commission order. Break time beyond that rest period for that purpose is unpaid. Further, break time beyond that rest period is not provided if to do so would seriously disrupt company operations. Moreover, the company makes reasonable efforts to provide such an employee with a private place for that purpose. An employee should direct questions about this policy to her supervisor or an office employee. The company's business operations must be efficient. To ensure this, the company has established rules which govern employees' behavior and work performance. Here are examples of types of conduct which are prohibited and may result in disciplinary action, including immediate discharge when appropriate. This is not a complete list of undesirable conduct. Moreover, the company reserves its right to end the employment relationship at any time, either with or without cause or prior notice. 1. Falsifying any time card or timekeeping records. 2. Duplicating or using without authorization any key to any device used for locking or securing company premises or property, or tampering with any such device. 3. Leaving company premises during working hours without permission. 4. Failing to inform the supervisor or foreman by telephone or other means when unable to report for work. 5. Incurring excessive absences or tardiness. (Excessive means 3 or more absences or tardiness within a 3-month period.) 6. Possessing, using or being under the influence of alcohol or any other drug at any time on company premises or anywhere while the employee is on duty. An employee who is taking medication which may affect the employee's ability to work safely must inform his or her foreman or supervisor of that fact before starting work. 7. Engaging in any unsafe working practice that may endanger you or your fellow worker. 8. Failing to report a work injury or illness to your foreman or supervisor immediately after the injury occurred or illness began. 9. Failing to use any required safety device. 10. Fighting at any time on company premises or anywhere while the employee is on duty. "Fighting" includes both verbal abuse and actual or threatened physical contact. 11. Possessing or using any weapon at any time on company premises or anywhere while the employee is on duty. 12. Slowing or interfering with production or advocating or encouraging other employees to do so. 13. Being insubordinate, refusing to perform assigned work, or walking off the job without permission of the supervisor. 14. Abusing, misusing or stealing any property of the company or of another employee. 15. Allowing any unauthorized person in any work area or on work equipment. 16. Failing to support or interfering with the company's goal of being profitable, including by failing to be loyal to the company, by working at less than the employee's full potential, or by creating or promoting dissension among fellow employees. 17. Damaging machinery or equipment, either intentionally or due to gross negligence. 18. Refusing to sign a disciplinary notice. An employee who violates any company standard, whether or not it is listed above, may receive some form of disciplinary action. No mechanical formula determines the imposition of disciplinary action. In some cases the employee may receive a verbal or written warning, followed by suspension and discharge if prohibited conduct is repeated. The company may discharge the employee immediately for more serious violations or where an employee has previously violated the same or another rule or is not meeting acceptable performance standards or refusing to sign a disciplinary notice. Generally, the company does not prohibit employees from engaging in lawful off-duty activities. However, activities that are in "direct conflict" with the company's essential enterprise-related interests and that would actually create a material and substantial disruption of its operations are of concern to the company. At the time of hire, new employees may be asked to sign an agreement restricting their activities that are deemed to create a material and substantial disruption of the company's operations. Current employees must inform the company of activities they are engaged in as outlined below so that the company can monitor the impact of the activity while on duty. The following are off-the-job activities of concern to the company: 1. Employment with another company. Employees who intend to "moonlight" (work at more than one job) should consult their supervisor before taking another position. If the supervisor feels the second job would unduly interfere with the employee's job performance, attendance, or safety, the employee will be asked to choose between the two positions. 2. Conducting an off-the-job business. The Company does not permit employees to conduct a business competitive to its own. The loyalties of an employee who is conducting such a business would be divided between the interest of the Company and the employee's business, resulting in an unhealthy relationship between the Company and the employee. Employees establishing a non-competitive business are cautioned not to allow their outside activities to adversely affect their job performance, attendance or safety. 3. Employee fraternization. The Company does not encourage co-employee dating or entering into consensual social relationships with other employees, and it cautions employees not to let such fraternization affect their job performance. The Company allows fraternization as long as each involved employee voluntarily consents to the relationship and the relationship neither impairs the judgment or performance of duties by any involved employee nor conflicts with the Company's interests. For more information, consult the company's policy "Workplace Fraternization Policy." 4. Competitor fraternization. While the Company does not prohibit employee fraternization with employees of its competitors, these relationships could compromise the Company's proprietary information such as customer lists, product ingredients or other sensitive information. Accordingly, employees must disclose any personal relationships of this nature. 5. Raising of livestock. The health of the Company's livestock can be jeopardized by an employees who carry diseases from their home-raised livestock onto the Company's premises. To enable the Company to monitor this threat and to minimize the risk of such contamination, employees must inform the Company of their off-the-job livestock-related activity. To protect its property and the safety of its employees and to maintain proper discipline, the Company reserves the right to inspect, without giving employees any notice of the inspection, all areas of and adjacent to its premises, as well as all other areas under its control. These areas include, but are not limited to, employee lockers, desks, Company and employee vehicles, notebooks, electronic data (computer), tool boxes, parking lots and buildings. The Company may also inspect company operated living quarters, but will give affected employees reasonable notice of the inspection except in the case of an emergency. Purpose: The Company strives to maintain safe and efficient working conditions for its employees. Employees under the influence of alcohol or other drugs on the job compromise Company interests, endanger the health and safety of themselves and others, and can cause a loss of efficiency and productivity or create a disruptive working environment. To further its interest in avoiding accidents, to promote and maintain safe and efficient working conditions for its employees, and to protect its business, property, and operations, the Company has established this policy on alcohol and other drugs. General Rule: The Company generally prohibits employees from using, possessing, providing or being under the influence of alcohol or other drugs that impair physical or mental performance anywhere while the employee is on duty or anytime while the employee is on Company premises. If the Company believes, in its sole discretion, that an employee has violated this prohibition, such employee is subject to immediate discharge or other discipline as the Company may deem appropriate. Exceptions: In some instances, the Company may authorize the possession and use of alcohol, such as alcoholic beverages during certain social functions. The Company notifies employees of those instances as warranted. Further, the Company may authorize the lawful possession and use of an impairing prescription or over-the-counter drug medically needed by an employee. An employee who must use such a drug while working should confer with the employee's physician and supervisor to determine whether the employee should work while using it. In such a case, the Company may have a physician selected by it determine whether the employee should continue working while taking the drug. Testing: To facilitate this policy, we may require drug and/or alcohol testing under certain circumstances as outlined below. We will pay the full cost of any testing requested of an employee, including the reasonable cost of any transportation to and from the designated testing facility. Refusal to submit to testing may result in immediate termination of employment. 1. Conditional-Offer Testing: All offers of employment are conditioned upon the applicant successfully passing a test for the presence of alcohol, illegal drugs, or the unauthorized use of legal drugs. The Company will withdraw our offer of employment to any applicant who do not pass the test. No applicant may start work until after successfully passing the test. 2. Reasonable-Suspicion Testing: In cases where the Company has reasonable suspicion to believe that an employee is using or is under the influence of a drug and/or alcohol and such use or influence may adversely affect the employee's job performance or the safety of the employee, co-employees, or others, drug and/or alcohol screening may be ordered. "Reasonable suspicion" means objective symptoms, such as factors related to the employee's appearance, behavior and/or speech. The determination as to whether such reasonable suspicion exists is within the Company's sole discretion. 3. Post-Accident Testing: Drug and/or alcohol screening is required of any employee involved in a work-related accident or any violation of safety precautions or rules, if the Company has a "reasonable suspicion" (as defined above) that the employee was using or under the influence of a drug and/or alcohol when the accident or violation occurred, no matter whether an injury resulted from the accident or violation. 4. Random Testing: Due to safety concerns and the potential for grievous injury, and as may be required by applicable law, some of our positions are subject to random drug and alcohol testing. You will be notified if your position is subject to random testing. Random testing is done in a manner designed to ensure that employees are selected for testing in a neutral manner. Investigation of Suspected Violations: When the Company suspects an employee is violating this policy, the Company investigates the matter. Such a suspicion might exist, for example, after an accident involving the employee or upon a decline in the employee's job performance. Among other things, the investigation may include discussing the matter with the employee, interviewing any witnesses, and suspending the employee from his or her work duties during the investigation. Where the Company, in its sole discretion, concludes the employee violated this policy, the Company may, as it may deem appropriate, discipline or discharge the employee. At-Will Employment: Nothing in this policy is to be construed as modifying the at-will nature of the employment relationship between the Company and its employees. The atmosphere of the workplace is created in part by the personal appearance of employees. Employees must therefore exercise good taste and judgment in choosing their dress and appearance. Employees may not wear or otherwise display buttons, pins, insignias, emblems, logos or other symbols because those items may offend other company employees or customers. An employee who, in the judgment of the employee's supervisor or other company representative, is dressed inappropriately or provocatively is sent home and directed to return to work in proper attire. Such an employee is not compensated for that time away from work. Uniforms furnished by the company are not designed to be worn off its premises as one's personal, non-employment-related attire. Accordingly, they are not to be worn or carried off company premises without the approval of an employee's department head. This is an overview of company policy on dress and grooming standards. An Employee should ask the employee's department head for specific dress standards for that department. The company complies with all legal requirements with respect to this policy. Where legally required, the company explores reasonable accommodation of an employee's specific grooming or dress requirements that might otherwise violate this policy. ALCOHOL AND DRUG TESTING (5000F) The Company does not allow any employee to work who is impaired due to the use of alcohol or other drugs or who cannot safely perform his or her job due to a physical or mental condition. The Company therefore tests for alcohol or drug use all applicants for employment in safety-sensitive jobs and all employees performing such jobs. These jobs are: * Driving vehicles or operating machinery * Working in the Company shop * Handling pesticides * Other jobs the Company determines are safety-sensitive Employees who perform safety-sensitive jobs must sign a form acknowledging their acceptance of this policy. An employee declining to sign such an acknowledgment is assigned to another available suitable position at that position's current rate of pay. If another suitable position is not available, the employee is discharged. Applicants for Employment An applicant hired to perform a safety-sensitive position is hired contingent on taking and passing a job-related medical examination and test for illegal drug use, both of whose fees the Company pays. An applicant whose contingent hiring would be revoked due to failing the medical examination may give the Company at the employee's expense independent medical opinions. Also, to the extent it is required by law to do so, the Company reviews with the employee possible reasonable accommodationsthat is, those which would not pose an undue hardship to the Company. Employees Transferring to Safety-Sensitive Positions An employee transferring from a non-safety-sensitive position to a safety-sensitive position must pass a job-related medical examination and test for illegal drug use, both of whose fees the Company pays. An employee failing the examination or test is reassigned to his or her prior position if it is still available or transferred to an available suitable position. To the extent it is legally required to do so, the Company explores with the employee reasonable accommodations. An employee who tests positive for alcohol or illegal drug use is suspended from employment. The Company reviews the employee's employment history and may either advise the employee to seek rehabilitation at the employee's own expense or discharge or otherwise discipline the employee. Medical Records Employee medical records are confidential. The Company does not release medical records without the employee's written consent or unless it believes it is legally compelled or authorized to do so. Physical Exams If, in the opinion of a Company representative, an employee seems to be physically unable to perform his or her job, the Company requires the employee to submit to a physical exam. The examination is conducted by a physician selected by the Company at its expense. An employee failing the examination is either transferred to an available suitable position, suspended from work, or, to the extent required by law, allowed to take a medical leave of absence. Reasonable Suspicion Alcohol and Drug Testing An employee exhibiting any behavior or characteristic indicative of alcohol or drug use is tested for such use. Suspicion is based upon specific observations by a trained supervisor or Company official of the employee's appearance, behavior, speech, odor and the like. An employee who refuses to submit to testing is suspended without pay. The Company, after reviewing the employee's work history and other factors, may discharge or otherwise discipline the employee. An employee who tests positive for alcohol or drug use is discharged. Random Testing for Alcohol or Drug Use The Company tests on a random basis for alcohol and drug use all employees in safety-sensitive jobs. An employee who refuses to submit to a test is discharged. An employee who tests positive for alcohol or drug use is discharged. Refusals to be Tested Employees who refuse to submit to an alcohol or drug test are relieved of duty. Employees who fail to produce adequate breath or urine specimens for alcohol or drug testing are referred to a Company physician for evaluation. If the physician cannot find a medical reason for the employee's inability to produce required specimens, the employee's conduct is considered a refusal to test; the employee is thus discharged. Any attempt by an employee to obstruct the testing process is considered insubordination and a refusal to test, resulting in discharge. Notification of Drug Use An employee must report to his or her supervisor the use of medically-authorized drugs, including nonprescription medications, and other substances that might impair the employee's ability to perform his or her job safely. An employee must provide a licensed physician's written medical authorization to work or drive while using such an authorized medication. The employee must determine in consultation with his or her physician whether or not the medication might impair his or her ability to work safely. A failure to report the use of such medication may result in disciplinary action. Inspections The Company may inspect and search all Company and all employee property on its premises for alcohol, controlled or illegal substances, and any other substance which may impair job safety. A refusal to submit to any such inspection or a refusal to cooperate in any investigation subjects the employee to disciplinary action, including suspension without pay and discharge. Wear clothing and footwear appropriate for the job function you are performing. Wear sturdy shoes or boots to protect your feet; no open-toe shoes or sandals may be worn. When a job is primarily performed outside, wear for your protection a long-sleeved shirt, long-legged trousers and a hat with a wide brim. When working under wet or rainy conditions, wear outer garments and footwear that repel water. The company does not require you to wear any garment or footwear of any distinctive design or color, and you must purchase and maintain at your expense your own garments and footwear. Because of the company's heavy load of business calls and because a large number of employees work here, non-emergency incoming personal phone calls are not permitted. The company will try to deliver an emergency message to you promptly and, of course, you may use any company telephone in an emergency. Employees may make local non-emergency calls during non-working time only; no long-distance calls are permitted. TAKING COMPANY PROPERTY AND PRODUCTS (5000I) Written permission must be obtained from the main office before any company property, including its products, may be removed from its premises. To the extent their own safety is not jeopardized, employees should try to keep others from taking company property, including its products, without its permission. Employees must report to the company any unauthorized taking of company property, including its products. DRUG-FREE WORKPLACE POLICY AND AWARENESS PROGRAM (5000J) The Company, [insert company name], intends to maintain a workplace that is free of controlled substances, including those listed in schedules I through V of Section 202 of the federal Controlled Substances Act (21 U.S.C. § 812). To further its interest in avoiding accidents, to promote and maintain safe and efficient working conditions for its employees, and to protect its business, property, and operations, the Company has established this policy on controlled substances. As a condition of continued employment with the Company, you must comply with this policy. Unlawful manufacture, distribution, dispensation, possession, use, or being under the influence of a controlled substance is prohibited in the Company's workplace. Any employee who violates this prohibition is subject to immediate discharge or other discipline as the Company may deem appropriate. In some instances the use or possession of certain legal drugs or alcohol is authorized (such as certain medicine or alcoholic beverages during certain social functions). The Company notifies its employees of those instances as appropriate. An employee who must use a legal drug and who knows or should know that its use might cause the employee to be impaired while working should contact the employee's physician and supervisor to determine whether the employee should work while using it. In such a case, the Company may have a physician selected by it determine whether the employee should continue working while taking the drug. The Company does not provide or make available any counseling or rehabilitation program to employees. To promote the purposes of this policy, the Company has established a drug-free awareness program. It is designed to inform employees about dangers of drug abuse in the workplace, the Company's policy of maintaining a drug-free workplace, and the penalties that may be imposed upon employees for drug-abuse violations. The company has installed video surveillance equipment. The company reserves the right to record employees who work in areas where surveillance equipment is installed. VOICE MAIL, E-MAIL AND INTERNET POLICY (5000L) Company-maintained systems: Voice-mail and electronic mail (e-mail) systems are maintained by this company in order to facilitate company business. Therefore, all messages sent, received, composed and/or stored on these systems are property of the Company. Personal use extremely limited: These systems are to be used by employees in conducting company business and are not for employees' personal use. The company understands that on occasion immediate family members may need to leave messages on the voice-mail system for an employee, and is willing to accommodate such personal use of the system to a limited degree. However, personal use of the voice-mail systems which interferes with an employee's work performance will not be tolerated. Privacy not guaranteed: The company reserves the right to access an employee's voice-mail (outgoing and incoming) and e-mail messages at any time. Therefore, an employee's outgoing voice-mail or e-mail message must not indicate to the caller that his/her incoming message will be confidential or private. The existence of a password on either system is not intended to indicate that messages will remain private, and passwords must be made known to the company by all employees. Erasure not reliable: Employees should be aware that even when a message has been erased, it still may be possible to retrieve it from a backup system. Therefore, employees should not rely on the erasure of messages to assume a message has remained private. Message access: Messages on the voice-mail and e-mail systems are to be accessed only by the intended recipient and by others at the direct request of the intended recipient. However, the company reserves the right to access messages on both systems at any time. Any attempt by persons other than the above to access messages on either system will constitute a serious violation of company policy. Harassment and discrimination: Messages on the company's voice-mail and e-mail systems are subject to the same policies regarding harassment and discrimination as are any other workplace communications. Offensive, harassing or discriminatory content in messages will not be tolerated. Due to the company's heavy load of business calls and because many employees work here, non-emergency incoming personal telephone calls are prohibited. Employees may make local non-emergency calls from the office during non-working time only; no long-distance calls are allowed. Employees must limit their time on the phone when it is for a personal reason. Employees should instruct persons who would likely call them in an emergency to call the office. The company will try to deliver an emergency message to you promptly. You may use any company telephone in an emergency. Employees may not, without the company's written authorization, have or use wireless telephones in production areas. Employees may have pagers in production areas but must wait until an authorized rest or meal period to return pages. Employees are to avoid situations that might cause their personal interests to conflict with the interests of our company or to compromise its reputation or integrity. A conflict of interest, or the appearance of one, occurs when you use, or a member of your immediate family uses, your position for personal benefit through an association or business relationship that interferes with your ability to exercise independent judgment on company's behalf. Employees are discouraged from accepting meals or other gifts from salespeople, vendors, suppliers, or any other solicitors. A request for exception to this rule should be made to your supervisor, who has the discretion to grant or deny the request. Employees may not supervise a close relative unless approved by the company. A close relative is a spouse, child, parent, sibling, aunt, uncle, grandparent, grand child, niece, nephew, sibling-in-law, parent-in-law, child-in-law, or first cousin of the employee. Supervisors must notify the company when a close relative is assigned to the supervisor. Employees may not accept personal gifts and special benefits of value from those who do business with our company. Every effort should be made to refuse politely all offers of gifts from vendors. Where it might be inappropriate or insulting to refuse a gift offered, the gift is to be accepted in the name of company and reported to company management. The company will determine what to do with the gift. This policy is not to be construed to mean that an employee is to decline meal invitations or other appropriate social invitations that may occur in the conduct of the employee's duties. The Company takes a firm position regarding employees who work at other jobs or who conduct competitive businesses of their own during their spare time. Employees who intend to "moonlight" (work at more than one job) should consult their supervisor before taking another position. If the supervisor feels that the second job would unduly interfere with the employee's job performance, attendance, or safety, the employee will be asked to choose between the two positions. The Company does not permit employees to conduct a business competitive to our own. The loyalties of an employee who is conducting such a business would be divided between the interest of the Company and the employee's business, resulting in an unhealthy relationship between the Company and the employee. Employees establishing a non-competitive business are cautioned not to allow their outside activities to adversely affect their job performance, attendance or safety. WORKPLACE FRATERNIZATION POLICY (5000Q) Our company has a policy prohibiting sexual harassment in the workplace. This policy applies to all employees of the Company, including supervisors, managers, and executives. While the Company does not encourage co-employee dating or entering into consensual social relationships with other employees, the Company cautions employees not to let such fraternization affect their job performance. The Company allows fraternization provided: both parties mutually and voluntarily consent to the social relationship; the relationship does not breach corporate values; and the relationship does not affect judgment or performance of duties of involved employees or negatively impact the common good of the Company. To ensure that social relationships do not adversely affect the workplace, employees who enter into such relationships must comply with the following: * Notify the Human Resource Director of the relationship; * Review the Company's policy prohibiting Sexual Harassment; * Sign the Company's Consensual Relationship Agreement; * Agree to possible reassignment if the social relationship involves a subordinate employee; * Behave professionally at all times - avoiding indiscreet behavior while at the workplace or while on Company time or business including refraining from public displays of sexual affection, sexual innuendo, suggestive comments and sexually oriented joking. * Agree to confidential counseling by the Company's Employee Assistance Program regarding the issues surrounding workplace dating * Notify the Human Resource Director should the social relationship terminate. Employees found in violation of this policy will be subject to disciplinary action up to and including termination. The Company reserves the right to make decisions in the best interest of the organization including reassignment, transfer or separating employees where appropriate. Unless authorized in writing by the company's president, owner or chief operating officer, an employee may not use a cellular phone (either personal or company-provided) during the employee's working time or while driving a company vehicle. An employee authorized to use a cellular phone must obey all laws regulating its use. Accordingly, an employee may not use a cell phone in any manner prohibited by law. An employee who is not sure if the law prohibits a particular use of a cell phone should discuss the matter with the employee's supervisor. Cellular Phone Use While Driving: An employee authorized to use a cellular phone while on duty may use a cellular phone while driving a vehicle only if the employee: • Uses hands-free technology (see definition near the end of this policy) • Minimizes the number and length of conversations • Concentrates on driving the vehicle safely • Stops and parks the vehicle in a safe area when dialing, taking notes, or cannot keep both hands on the steering wheel. Non-working Time: Employees may use a cellular phone during non-working time such as off-duty meal periods and rest periods. Flammable Areas: Employees may not use a cellular phone in areas posing risk of fire or explosion, such as fueling areas for vehicles or equipment and chemical-storage areas. Company-Provided Cellular Phones: Cellular phones provided to employees by the company are for business use only. Company-provided cellular phones may not be used for personal calls, except in clearly urgent situations (such as when the employee is unexpectedly required to work past the normal end of a shift, no other telephone is available, and the call is related to company business.) Traveling employees may place one call of up to 10 minutes to their home each day using a company-provided cellular phone. The company monitors the use of cellular phones it provides to its employees. In addition to being subject to discipline or discharge for misusing a company-provided cellular phone, an employee must reimburse the company for charges resulting from its use in violation of this policy. Personal Cellular Phones: Employees allowed to use their own cellular phone for personal use do so at their own expense. Employees using a personal cellular phone for business purposes may be reimbursed for business-related calls with the submission of a copy of the invoice detailing the business calls, minutes used, and associated charges. Reimbursement is for minutes used for business-related calls and not for stand-alone monthly charges and fees. Hands-free technology: "Hands-free technology" includes the use of a wired or wireless earpiece and speaker phone. Tardiness and absences disrupt company operations, sometimes causing a delay in completing the scheduled work. For this reason, each employee is responsible for reporting to work at the proper time and place as scheduled. Transportation, child care, or other situations which could affect an employee's attendance are the responsibilities of the employee. If, at the time of hire, an employee has any reason to believe there may be a possibility of having attendance problems, the employee must inform the company at that time. Otherwise, the company expects employees to report to work as scheduled. Employees must make every effort to keep tardiness and absences to a minimum. If an employee develops a pattern of being tardy or absent, with or without notifying the company, the employee may be terminated. Generally, an unacceptable attendance record is when an employee is tardy or absent 3 or more times in a 3-month period. The company in its discretion may authorize personal time off without pay for a reasonable period provided an employee notifies the company in advance. Should an emergency situation arise and an employee cannot report to work as scheduled, the employee must call in before the scheduled work day begins. ANY EMPLOYEE WHO IS ABSENT FOR THREE CONSECUTIVE DAYS WITHOUT NOTIFYING THE COMPANY AS SET FORTH ABOVE WILL BE TERMINATED. The company offers employees the benefit and convenience of several types of leaves of absence. The following shall apply to all leaves of absence: 1. All leaves of absence are unpaid. 2. Employees on an approved leave of absence will be considered to be on an inactive status. 3. Employees must receive written approval of a leave of absence before taking a leave. An employee absent for 3 consecutive days without notifying the company will be automatically terminated. 4. Upon returning from a leave of absence the employee will be placed in the same position held prior to taking the leave, provided it is still open. If the position was filled during the absence, the company may offer to the employee another position at the new position's prevailing rate of pay. 5. The time while on leave of absence will not be considered as time worked and will not be counted towards eligibility for company benefits. 6. For a leave of absence exceeding 2 weeks, the employee must make arrangements for the payment of premiums for group health and life insurance. If premium payments are not paid, the employee's insurance will be discontinued, and upon return to work the employee will be required to re-establish eligibility for health and life insurance as though he or she were a new employee. 7. A request for a leave of absence will be authorized according to any applicable legal limitations and on the basis of the employee's performance, position and reason for leave and on the company's ability to replace the employee temporarily. 8. Employment will be terminated if an employee accepts other employment while on a leave of absence. The following shall apply to personal leaves of absence: 1. Definition - A personal leave can be for any reason, and, in its sole discretion, the company, without giving any reason, may or may not grant the leave. 2. Eligibility - Employees who have been employed for a minimum of one year are eligible for a personal leave of absence. 3. Length of Leave - Depending on the time of the year, a personal leave of absence may be granted for a period of time not to exceed 6 weeks. 4. Frequency of Leave - Only 1 personal leave of absence shall be granted per year of employment. The following shall apply to disability leaves of absence: 1. Definition - A disability leave shall be for the purpose of recuperating from an illness or accident, or for disability resulting from a pregnancy. 2. Eligibility - An employee must provide written verification from a medical doctor that he or she cannot work due to the disability. The company may waive this requirement if the employee's disability does not require more than 5 days of recuperation. (Note: The company counts on all employees' regular attendance. Unsatisfactory attendance due to a chronic illness may be cause for disciplinary action, including discharge.) 3. Length of Leave - Upon the recommendation of a medical doctor, a disability resulting from a non-job related injury or illness will be granted for a maximum of 1 month. An employee shall be granted a leave of absence for a period of up to 4 months while she is disabled due to pregnancy. The disability leave of absence shall include the time while on leave prior to the actual delivery of the baby. A leave of absence for a job-related temporary disability is authorized until the disability ends, unless before then the employee indicates a desire to end employment, accepts employment with another company or refuses to return to work after been released for partial or full work. The company discharges an employee: (1) for whom it no longer has a position available; (2) who fails to return to work after having been released for full or partial work; or (3) who is no longer qualified to perform the job because of a permanent disability or because the employee's condition prevents the employee, even after reasonable accommodation, from performing it without posing either (a) an imminent and substantial risk to the employee's health or safety or (b) a greater risk to the health or safety of others than would be posed by person without the condition. 4. Reporting while on leave - Employees on an approved disability leave of absence in excess of 30 days must update the company at the end of the first calendar month and each month thereafter concerning their health status, anticipated date of return to work and continued intent to return to work. IF AN EMPLOYEE DOES NOT COMPLY WITH THIS REPORTING REQUIREMENT, THE COMPANY WILL TERMINATE THE EMPLOYEE. 5. Transfers - All jobs in the company require varying amounts of physical labor. The company will attempt to adjust a disabled employee's work assignment to accommodate the disability. New assignments will depend on the availability of vacancies in suitable positions and upon the approval of the employee's medical doctor. If a suitable position is not available, the employee may not return to work until a written release is approved by the employee's medical doctor. 6. Notification of Disability - The company requires all employees who plan to take a leave on account of a disability (e.g., due to corrective surgery or pregnancy) to give the company at least 2 months' notice of the date the leave will commence and the estimated duration of the leave. The company also requires all employees to notify the company when their physical condition is such that it may affect the type of work they can safely perform. Examples of such changes in physical conditions include, but are not limited to, a heart condition, a pregnancy or a back injury. FAMILY AND MEDICAL LEAVE POLICY (6000C) Purpose This states the Company's policy on employee leave requested under the federal Family and Medical Leave Act of 1993 ("FMLA") and the California Family Rights Act of 1991 as amended ("CFRA"). This policy does not cover leave requested under other laws. It should be read in conjunction with the Company's other leave policies. Eligibility Employees are eligible for family and medical leave if: (1) The employee has been employed by the Company for at least 12 months before the leave is to begin; (2) The employee has worked at least 1250 hours during the 12-month period before the leave is to begin; (3) The employee is employed at a Company worksite which employs 50 or more employees, or the total number of employees within 75 miles of the worksite is 50 or more, when the request for leave is made. Purpose and Amount of Leave Employees may take a total of 12 weeks of unpaid leave during a 12-month period for one or more of these reasons: (1) Because of the birth of a son or daughter of the employee and to care for such son or daughter; (2) Because of the placement of a son or daughter with the employee for adoption or foster care; (3) Because of the serious health condition of a son or daughter; (4) To care for a spouse or parent of the employee if such spouse or parent has a serious health condition; or (5) Because of a serious health condition that makes the employee unable to perform the functions of his or her position. A serious health condition is an illness, injury, impairment, or physical or mental condition which involves: (1) Any period of incapacity or treatment in connection with or due to inpatient care in a hospital, hospice, or residential medical care facility; (2) Any period of incapacity requiring absence from work, school, or other regular daily activities of more than three calendar days, that also involves continuing treatment by a health care provider; or (3) Continuing treatment by, or under the supervision of, a health care provider for a chronic long-term health condition that is incurable or so serious that, if not treated, would likely result in a period of incapacity for more than three calendar days, or for prenatal care. For leaves due to pregnancy-related disability which constitute a "serious health condition," the amount of leave taken will be counted towards the FMLA leave entitlement, but not towards the CFRA leave entitlement. Except for leaves taken due to pregnancy-related disability, the 12-week leave entitlements under the FMLA and the CFRA will run concurrently. The 12-month period during which employees may take up to 12 weeks of leave under the FMLA and the CFRA begins when the employee begins leave under the FMLA. The leave time available to two married employees who request leave due to the birth or placement of the same child is combined; they may take a total of 12 weeks leave due to the birth or placement of a child during a 12-month period. Calculation of Leave The 12-month period is based on the prior 12 months, starting from the date on which an employee uses any FMLA leave. That is, when an employee begins a FMLA leave, the amount of leave the employee took in the prior 12 months determines the remaining number of weeks of leave time that may be taken. Kinds of Leave and Notice Required Leave taken for the birth or placement of a child must be taken in one continuous segment of up to 12 weeks and must be taken within 12 months of the birth or placement of the child. An employee must give to the company at least 30 days' written notice of intent to take leave, unless the need for the leave is unforeseeable. In that case, the employee must give notice as soon as practicable. An employee requesting leave for planned medical treatment or supervision is expected to schedule the treatment or supervision so as to minimize disruption to the Company's operation. Leave taken to attend to the serious health condition of the employee or the employee's family member may be taken in one continuous segment of up to 12 weeks, or may be taken on an intermittent or reduced-leave schedule if medically necessary. The employee must reasonably try to schedule the leave so as not to unduly interrupt Company operations and, if practicable, must give to the company at least 30 days' written notice of intent to take leave. The Company may require an employee choosing to take intermittent or reduced leave to transfer temporarily to another position in the Company for which the employee is qualified and which provides equivalent pay and benefits and better accommodates the employee's recurring periods of leave. Effect on Benefits The employee, while on leave, remains covered by the Company's group health plan to the same extent as an active employee and thus must pay to the Company any amount of premium that an active employee must pay for this coverage. However, an employee who does not return to work when the leave ends must reimburse the Company for the portions of the premiums paid by it for this coverage during the leave period, unless the employee does not return due to a serious health condition or due to other circumstances beyond the employee's control. An employee on leave does not lose any benefit which accrued before the first day of leave. The leave period is treated as continued service for purposes of longevity or any employee benefit plan. However, an employee does not accrue any other benefit during the leave period, nor does the leave entitle the employee to any greater right than the employee would have had if the employee had not taken a leave. An employee on leave may continue to participate in any employee benefit plan, including any life insurance, short-term or long-term disability insurance, pension or retirement plan, to the same extent and under the same conditions as apply to other unpaid leaves. Substitution of Paid Leave Any accrued paid vacation leave, personal leave, family leave, sick leave or disability leave, where applicable, is applied to the leave period. An employee's accrued paid sick leave or disability leave is applied only to leave due to an employee's own serious health condition. An employee may also elect to substitute accrued sick leave for leave taken to care for a family member with a serious health condition. Once accrued paid leave is exhausted, the remainder of the leave is unpaid. Reinstatement An employee returning from leave is reinstated to the same position or an equivalent position, with equivalent pay, benefits, and other terms of employment, unless the employee would not otherwise have been employed when reinstatement is requested. An employee on leave must notify the company in writing of intent to return at least 15 days before the reinstatement date. Certain higher-level employees may be denied their right to reinstatement if the denial of reinstatement is necessary to prevent substantial and grievous economic injury to the Company's operations. An employee requesting leave who is among the highest-paid 10% of salaried workers employed within 75 miles of the employee's workplace should consult the company about this. Certification An employee who requests leave to care for the employee's own serious health condition, or for a family member's serious health condition, must give the Company a certification by the treating health care provider which justifies the leave. A copy of the required certification form is available from the company's office. The employee must give this certification within 15 days after the Company asks for it, unless it is not practicable to do so. Failure to timely provide the required certification may affect the employee's ability to take leave as requested. The Company also may require employees on leave to check-in periodically with the company to inform them of their status and intent to return to work. A check-in schedule should be arranged between the employee and the company before leave is taken. The Company at its own expense also may require a second opinion on an employee's health condition. This opinion is not given by a medical professional regularly used by the Company. In the event of a conflict between the two opinions, the Company may, at its own expense, require a third and final opinion from a medical professional jointly designated by the Company and the employee. That opinion shall bind the Company and the employee. Finally, an employee returning from leave taken for the employee's serious health condition must provide certification from the employee's health care provider that the employee is able to resume work. Nothing in this policy shall be construed as limiting any right, obligation or benefit to which an employee may be entitled under any applicable or employee benefit plan. Address any question on the procedure for requesting family and medical leave to the company. FAMILY CARE AND MEDICAL LEAVE (CFRA LEAVE) AND PREGNANCY DISABILITY LEAVE (6000D) Under the California Family Rights Act of 1993 (CFRA), if you have more than 12 months of service with us and have worked at least 1,250 hours in the 12-month period before the date you want to begin your leave, you may have a right to an unpaid family care or medical leave (CFRA leave). This leave may be up to 12 workweeks in a 12-month period for the birth, adoption, or foster care placement of your child or for your own serious health condition or that of your child, parent or spouse. Even if you are not eligible for CFRA leave, if you are disabled by pregnancy, childbirth, or related medical conditions, you are entitled to take a pregnancy disability leave of up to four months, depending on your period(s) of actual disability. If you are CFRA-eligible, you have certain rights to take BOTH a pregnancy disability leave and a CFRA leave for reason of the birth of your child. Both leaves contain a guarantee of reinstatement to the same or to a comparable position at the end of the leave, subject to any defense allowed under the law. If possible, you must provide at least 30 days advance notice for foreseeable events (such as the expected birth of a child or a planned medical treatment for yourself or of a family member). For events which are unforeseeable, we need you to notify us, at least verbally, as soon as you learn of the need for the leave. Failure to comply with these notice rules is grounds for, and may result in, deferral of the requested leave until you comply with this notice policy. We may require certification from your health care provider before allowing you a leave for pregnancy or your own serious health condition or certification from the health care provider of your child, parent or spouse who has a serious health condition before allowing you a leave to take care of that family member. When medically necessary, leave may be take on an intermittent or reduced work schedule. If you are taking a leave for the birth, adoption or foster care placement of a child, the basic minimum duration of the leave is two weeks and you must conclude the leave within one year of the birth or placement for adoption or foster care. Taking family care or pregnancy disability leave may impact certain of your benefits and your seniority date. If you want more information regarding your eligibility for a leave and/or the impact of the leave on your seniority and benefits, please contact . NOTE: This sample CFRA notice is from FEHC regulations. Employers with 50 or more employees may use this notice or develop their own notice. PREGNANCY DISABILITY LEAVE* (6000E) Under the California Fair Employment and Housing Act (FEHA), if you are disabled by pregnancy, childbirth or related medical conditions, you are eligible to take a pregnancy disability leave (PDL). If you are affected by pregnancy or a related medical condition, you are also eligible to transfer to a less strenuous or hazardous position or to less strenuous or hazardous duties, if this transfer is medically advisable. The PDL is for any period(s) of actual disability caused by your pregnancy, childbirth or related medical conditions up to four months (or 88 work days for a full time employee) per pregnancy. The PDL does not need to be taken in one continuous period of time but can be taken on an as-need basis. Time off needed for prenatal care, severe morning sickness, doctor-ordered bed rest, childbirth, and recovery from childbirth would all be covered by your PDL. Generally, we are required to treat your pregnancy disability the same as we treat other disabilities of similar situated employees. This affects whether your leave will be paid or unpaid. You may be required to obtain a certification from your health care provider of your pregnancy disability or the medical advisability for a transfer. The certification should include: 1. the date on which you became disabled due to pregnancy or the date of the medical advisability for the transfer; 2. the probable duration of the period(s) of disability or the period(s) for the advisability of the transfer; and, 3. a statement that, due to the disability, you are unable to work at all or to perform any one or more of the essential functions of your position without undue risk to yourself, the successful completion of your pregnancy or to other persons or a statement that, due to your pregnancy, the transfer is medically advisable. At your option, you can use any accrued vacation or other accrued time off as part of your pregnancy disability leave before taking the remainder of your leave as an unpaid leave. We may require that you use up any available sick leave during your leave. You may also be eligible for state disability insurance for the unpaid portion of your leave. Taking a pregnancy disability leave may impact certain of your benefits and your seniority date. If you want more information regarding your eligibility for a leave, the impact of the leave on your seniority and benefits, and our policy for other disabilities, please contact . *NOTE: This sample pregnancy leave notice is from FEHC regulations. Employers with 5 through 49 employees may use this notice. MEDICAL EXAMINATIONS AND LEGAL USE OF DRUGS (6000F) Examination of New Employee: The hiring of an applicant to a position requiring the performance of physical activities is contingent on the applicant taking and passing a job-related medical examination, paid for by the Company. An applicant whose contingent hiring would be revoked due to failing the medical examination may give the Company at the employee's expense independent medical opinions. In the event the independent medical opinion provided by the applicant's physician's is different from the Company's physician's opinion, a third physician will be mutually agreed upon by the applicant and the Company to perform a binding medical opinion. The cost of the third examination will be shared equally by the Company and the applicant. Return to Work: An employee returning from a disability leave of absence must give the Company a release from the employee's physician stating any limitation that must be observed. The Company may require the employee to be examined at its expense by a physician selected by it. To the extent it may be required by law to do so, the Company will reinstate the employee to the position previously held by the employee or place the employee in another available position, based on the physician's recommendation. Legal Use of Drugs: Employees sometimes need to use lawfully-obtained prescription or over-the-counter drugs. Such legal use of a drug might impair an employee's ability to safely do his or her job, however. When a physician prescribes or recommends to an employee the use of a drug, the employee must ask the physician whether its use would impair the employee's ability to do his or her job safely. To help the physician make that determination, the employee must advise the physician of the employee's job functions or give the physician a copy of the Company job description for the employee's position. If, in the physician's opinion, the drug's use would impair the employee's ability to safely do any one or more of his or her job functions, then the employee should ask the physician for a written note specifying the affected job functions and consequent duty restrictions. The employee must give that note to his or her supervisor, and the employee's duties will be accordingly restricted. An employee using an over-the-counter drug without a physician's recommendation must observe any label statement warning that the drug's use might impair the employee's ability to do his or her job safely (e.g., "may cause drowsiness"; "do not operate machinery while using"). The employee must disclose to his or her supervisor such drug use. The Company may, either with or without consulting with its physician about the situation, accordingly restrict the employee's duties. Fitness for Work Medical Examination: An employee who, in the opinion of a Company representative, seems to be physically or mentally unable to perform his or her job must submit to a physical examination. The examination is conducted by a physician selected by the Company at its expense. An employee failing the examination is either transferred to an available suitable position, suspended from work, or, to the extent required by law, allowed to take a medical leave of absence. Reasonable Accommodation: To the extent it is required by law to do so, the Company explores with applicants and employees with disabilities possible reasonable accommodations--that is, modifications that would enable the person to do the essential functions of the job without posing an undue hardship to the Company. Confidentially of Medical Records: Employee medical records are confidential. The Company does not release medical records without the employee's written consent or unless it believes it is legally compelled or authorized to do so. Refusal to be Examined: An employee who refuses to submit to a physical examination is suspended without pay. The Company, after reviewing the employee's work history and other factors, may discharge or otherwise discipline the employee. AUTHORIZED TIME OFF FROM WORK (6000G) Court Duty: The Company provides a leave of absence to an employee required by law to serve on an inquest or trial jury or to appear in court as a witness. An employee must give the Company reasonable notice of the need for this leave. An employee taking this leave is not compensated for it. Crime Victims: The Company provides certain employees time off from work to attend criminal court proceedings and to let an employee who is a victim of a crime, and certain employees who are related to a crime victim (including domestic partners) or who sustained a pecuniary loss due to an injury or death to a crime victim, to be absent from work to attend judicial proceedings related to the crime. The Company provides certain employees time off from work employees who are victims of sexual assault or domestic violence to take time off for specified reasons. [Note: Last provision applies to employers of 25 or more employees.] An eligible employee may use vacation, personal, sick, or unpaid leave time for the absence. The employee must provide the Company with written notification of each scheduled proceeding, unless advance notice is not feasible. If advance notice is not feasible, the Company will allow the time off as long as the employee provides the Company with the required documentation. An employee taking this leave is not compensated for it. Emergency Duty as a Volunteer Firefighter: The Company provides employees a leave of absence for employees who must perform emergency duty as a volunteer firefighter. An employee taking this leave is not compensated for it. Participation in a Child's Daycare-Facility or School Activities: The Company will provide time off from work to employees who are a parent, guardian or grandparent with custody of a child in a licensed daycare facility, kindergarten, or grade 1 to 12. Time off from work can total a maximum of 40 hours per year (capped at eight hours per month) to participate in the child's daycare-facility or school activities. The employee must give to the Company a reasonable notice of the planned absence. Employees must first use existing vacation, personal leave or compensatory time off for this purpose. An employee taking this leave is not compensated for it. [Note: This provision applies to employers of 25 or more employees.] School Appearance at School's Request: The Company provides time off from work to employees who are a pupil's parent or guardian to appear at the pupil's school when the school has given advance notice of a need for the parent or guardian's presence. An employee must give the Company a reasonable notice of need to take time off to appear at the school. An employee taking this leave is not compensated for it. Time Off to Vote: An employee who does not have enough time to vote outside of working hours may take off time to vote at the start or end of a shift, whichever provides the most free time to vote. An employee may take off no more than two hours without loss of pay, as long as he or she has given at least two working days' notice that time off is desired. Drug and/or Alcohol Rehabilitation: The Company reasonably accommodates an employee's voluntary participation in an alcohol- and/or drug-rehabilitation program. (The Company does not accommodate that participation if doing so would impose an undue hardship on the Company.) Reasonable accommodation means time off work without compensation. The Company also makes a reasonable effort to safeguard an employee's privacy as to the employee's enrollment in a rehabilitation program. The Company may refuse to hire or may discharge an employee due to the employee's current use of alcohol and/or drugs, or because the employee cannot perform his or her duties, or cannot perform the duties in a manner that would not endanger |