Handbook Table of Contents

 

Introduction

 

History

 

Section 1: Equal Employment Opportunity Policy Statement

 

100: PURPOSE OF THIS HANDBOOK

101: EQUAL EMPLOYMENT OPPORTUNITY

 

Section 2: General and Administrative Policies

 

200: CODE OF EMPLOYER-EMPLOYEE RELATIONS

201: BEHAVIOR OF EMPLOYEES

202: DISCIPLINARY PROCEDURE

203: GRIEVANCE PROCEDURE

204: OUTSIDE EMPLOYMENT

205: PARTICIPATION IN COMMUNITY AFFAIRS

206: SECURITY

207: CONFLICTS OF INTEREST

208: CONFIDENTIAL NATURE OF COMPANY AFFAIRS

209: USE OF COMMUNICATIONS SYSTEMS

210: EMPLOYEE SAFETY

211: MAINTENANCE OF WORK AREAS

212: DRUGS, NARCOTICS, AND ALCOHOL

213: MEDICAL PROCEDURES

214: SERIOUS DISEASES

215: TRAVEL

216: AUTOMOBILE USAGE

 

Section 3: Employment Policies

 

300: JOB EVALUATION

301: HIRING

302: TEMPORARY AND PART-TIME EMPLOYEES

303: EMPLOYEE AT-WILL

304: EMPLOYMENT AGREEMENTS

305: EMPLOYEE SUPERVISION

306: ORIENTATION AND TRAINING

307: INTRODUCTORY PERIOD

308: HOURS OF WORK

309: ATTENDANCE AND PUNCTUALITY

310: PERSONAL APPEARANCE OF EMPLOYEES

311: PRODUCTIVE WORK ENVIRONMENT

312: PERFORMANCE APPRAISALS

313: PROMOTION

314: TRANSFER

315: LAYOFF AND RECALL

316: TERMINATION OF EMPLOYMENT

317: PERSONAL FINANCES OF EMPLOYEES

318: PERSONNEL RECORDS

319: CUSTOMER RELATIONS

 

Section 4: Compensation and Payroll Policies

 

400: SALARY ADMINISTRATION

401: PAY PROCEDURES

402: MEAL REIMBURSEMENT

 

Section 5: Leave Policies

 

500: VACATIONS

501: PERSONAL LEAVE

502: HOLIDAYS

503: LEAVES OF ABSENCE

 

Section 6: Benefits Policies

 

600: DISCLOSURE OF BENEFITS

601: EDUCATIONAL ASSISTANCE

602: EMPLOYEE COUNSELING

INTRODUCTION

 

Welcome! Whether you have just joined our organization or have been with the TFS Group, Inc., (TFSG) for a while, we are confident that you will or have found our organization to be a dynamic and rewarding place in which to work. We consider our employees to be one of our most valuable resources and look forward to a productive and successful association. This handbook has been especially prepared for you to serve as a guide for the

Employer-Employee relationship.

 

The topics covered in this handbook apply to all TFSG employees. It is important to keep several things in mind about this handbook. First, it contains only general information and guidelines. It is not intended to be comprehensive or to address all the possible applications of, or exceptions to, the general policies and procedures described.

 

Second, neither this handbook nor any other corporate document confers any contractual right, either expressed or implied, to remain in TFSG employment or guarantee any fixed terms and conditions of your employment. Your employment is on a voluntary at-will basis and is not for a specific time, and may be terminated at any time by TFSG or by you. Third, the procedures, practices, policies and benefits described here may be modified or discontinued from time to time. We will try to inform all employees of any changes as they occur but cannot guarantee immediate advance notice of changes. If erroneous information or conflicting statements are found in this handbook, kindly refer them to the Human Resources for appropriate revisions and/or corrections.

 

Finally, some of the subjects described here are covered in detail in procedure documents. The terms of written insurance policies and/or plan documents are controlling for health, life, retirement and deferred or reduced income benefits. You should refer to these documents for specific information, since this handbook is only designed as a brief guide and summary of policies and benefits. For more detailed information please refer to Human Resources.

 

We are pleased to have you join our team and sincerely hope our association will be a beneficial one.

 

HISTORY

 

TFSG is an Information Technology Consulting Services firm founded in 1993. TFSG is a minority-owned small disadvantaged business that also has SBA's 8(a) certification through the end of 2008. The company is headquartered in Silver Spring with various field offices located within the Washington-Baltimore area.

 

For nearly nine years, TFSG has continued to expand its services and technical capabilities and, as a result, has experienced and maintained a steady pattern of financial growth. In the late 1990's, TFSG began to focus its business on long-term, federal information processing (FIP) support services contracts. Since that time, TFSG has successfully acquired and managed contracts for the Department of Health and Human Services, Department of Treasury, Federal Mine Safety and Health Review Commission, Department of Defense, and Department of Homeland Security to name a few.

 

TFSG offers its clients technical capabilities in all phases of the systems life cycle. While we maintain a core set of specialties, TFSG continues to successfully perform virtually all aspects of IT support services.

 

No Job is Too Small or Too Big for Us -- We utilize the right resources and skill for every project, and take pride in caring for our customers with the highest level of professionalism.

 

Section 1

 

EMPLOYEE HANDBOOK PURPOSE

&

EQUAL EMPLOYEEMENT OPPORTUNITY POLICY

100:  PURPOSE OF THIS HANDBOOK

 

Policy:

 

It is the policy of the Company that this Handbook be used as an outline of the basic personnel policies, practices, and procedures for the organization.  The Handbook, however, is not intended to alter the employment-at-will-relationship in any way (See EMPLOYMENT-AT-WILL, Policy).

 

Comment:

 

This Handbook contains general statements of Company policy and should not be read as including the fine details of each policy, nor as forming an express or implied contract or promise that the policies discussed in it will be applied in all cases.  The Company may add to the policies in the Handbook or revoke or modify them from time to time.  Every effort will be made to try to keep the Handbook current, but there may be times when policy(s) will change before this material can be revised.

 

101: EQUAL EMPLOYMENT OPPORTUNITY

 

Policy:

 

It is the policy of the Company to provide equal opportunity in employment to all employees and applicants for employment.  No person is to be discriminated against in employment because of race, religion, color, sex, age, national origin, disability, or military status.

 

Comment:

         

1. This policy applies to all terms, conditions, and privileges of employment including, but not limited to hiring, introductory period, training, placement and employee development, promotion, transfer, compensation, benefits, educational assistance, layoff and recall, social and recreational programs, employee facilities, termination, and retirement.

 

2. The Personnel Manager who reports directly to the President on matters relating to this policy; is responsible for formulating, implementing, coordinating, and monitoring all efforts in the area of equal employment opportunity.

 

3.      Any communication from an employee concerning any equal opportunity matter is to be referred to the Personnel Manager.

Section 2

 

 

GENERAL & ADMINISTRATIVE POLICIES

200: CODE OF EMPLOYER-EMPLOYEE RELATIONS

 

 

Policy:

 

It is the policy of the Company to implement fair and effective personnel policies and to require all employees to serve the organization's best interest.

 

Comment:

 

1. The Company's goals for employees include the following:

a.      To provide equal employment opportunity and treatment regardless of race, religion, color, sex, age, national origin, handicap, or Vietnam era veteran status;

b.      To provide compensation and benefits commensurate with the work performed;

c.      To establish reasonable hours of work based on the Company's production and service needs;

d.      To monitor and comply with applicable federal, state, and local laws and regulations concerning employee safety;

e.      To offer training opportunities for those whose needs and capabilities warrant such training;

f.       To be receptive to constructive suggestions which relate to the job, working conditions, or personnel policies; and

g.      To establish appropriate means for employees to discuss matters of interest or concern with their immediate supervisor or department head.

 

2. The Company expects all employees:                 

a.      To deal with customers and suppliers in a professional manner;

b.      To perform assigned tasks in an efficient manner;

c.      To be punctual;

d.      To demonstrate a considerate, friendly, and constructive attitude toward fellow employees; and

e.      To adhere to the policies adopted by the Company.

 

3. The Company retains the sole right to exercise all managerial functions including, but not limited to, the rights:

a.      To dismiss, assign, supervise, and discipline employees;

b.      To determine and change starting times, quitting times, and shifts;

c.      To transfer employees within department or into other departments and other classifications;

d.      To determine and change the size and qualifications of the work force;

e.      To determine and change methods by which its operations are to be carried out;

f.       To determine and change the nature, location, goods produced, services rendered, quantity, and continued operations of the business; and

g.      To assign duties to employees in accordance with the Company's need and requirements and to carry out all ordinary administrative functions.

 

4. Nothing in this Handbook should be considered as altering the employment-at-will relationship or as creating an express or implied contract or promise concerning the policies or practices that the Company has implemented or will implement in the future.  Accordingly, the Company retains the right to establish, change, and abolish its policies, practices, rules, and regulations at will, and as it sees fit.

 

201: BEHAVIOR OF EMPLOYEES

 

 

Policy:

 

It is the policy of the Company that certain rules and regulations regarding employee behavior are necessary for the efficient operation of the Company and for the benefit and safety of all employees.  Conduct that interferes with operations, discredits the Company, or is offensive to customers or fellow employees will not be tolerated.  (For further information refer to Policy 215 – Productive Work Environment.)

 

Comment:

 

1. Employees are expected at all times to conduct themselves in a positive manner so as to promote the best interests of the Company.  Such conduct includes:

 

a.      Reporting to work punctually as scheduled and being at the proper work station, ready to work, at the assigned starting time;

b.      Giving proper advance notice whenever unable to work or report on time;

c.      Complying with all Company safety and security regulations;

d.      Smoking only at times and in places not prohibited by Company rules or local ordinances;

e.      Wearing clothing appropriate for the work being performed;

f.       Eating meals only during such times and only at such places as designated by a manager or supervisor;

g.      Maintaining work place and work area cleanliness and orderliness;

h.      Treating all customers, visitors, and fellow employees in a courteous manner;

i.        Refraining from behavior or conduct deemed offensive or undesirable, or which is contrary to the Company's best interests;

j.        Performing assigned tasks efficiently and in accord with established quality standards; and

k.      Reporting to management suspicious unethical, or illegal conduct by fellow employees, customers, or suppliers.

 

2. The following conduct is prohibited and will subject the individual involved to disciplinary action, up to and including termination:

 

a.      The reporting to work under the influence of alcoholic beverages and/or illegal drugs and narcotics or the use, sale, dispensing, or possession of alcoholic beverages and/or illegal drugs and narcotics on Company premises;

b.      The use of profanity or abusive language;

c.      The possession of firearms or other weapons on Company property;

d.      Insubordination or the refusal by an employee to follow management's instructions concerning a job-related matter;

e.      Fighting or assault on a fellow employee or customer;

f.       Theft, destruction, defacement, or misuse of Company property or of another employee's property;

g.      Gambling on Company property;

h.      Falsifying or altering any Company record or report, such as an application for employment, a medical report, a production report, a time record, an expense account, an absentee report, or shipping and receiving records;

i.        Threatening or intimidating management, supervisors, security guards, or fellow workers;

j.        Smoking if prohibited by local ordinance or Company rules;

k.      Horseplay, pranks, or practical jokes;

l.        Unauthorized sleeping on the job;

m.    Failure to wear assigned safety equipment or failure to abide by safety rules and policies;

n.      Improper attire or inappropriate personal appearance;

o.      Engaging in any form of sexual harassment;

p.      Violation of Company's policies on solicitation or distribution; and

q.      Improper disclosure of trade secrets or confidential information.

 

3. The examples in Comment (2), above, are illustrative of the type of behavior that will not be permitted, but are not intended to be an all-inclusive listing.  Any questions in connection with this policy should be directed to the Personnel Manager.

 

202: DISCIPLINARY PROCEDURE

 

 

Policy:

 

It is the policy of the Company that all employees are expected to comply with the Company's standards of behavior and performance and that any noncompliance with these standards must be remedied.

 

Comment:

 

1. Under normal circumstances, the Company endorses a policy of progressive discipline in which it attempts to provide employees with notice of deficiencies and an opportunity to improve.  It does, however, retain the right to administer discipline in any manner it sees fit.

 

2. The normal application of progressive discipline should be:

 

a.      If an employee is not meeting Company standard of behavior or performance, the employee's manager should take the following action:

 

(i)                 Meet with the employee to discuss the matter;

(ii)               Inform the employee of the nature of the problem and the action necessary to correct it; and

(iii)              Prepare a memorandum for the manager's own records indicating that the meeting has taken place.

 

b.      If there is a second occurrence, the manager should hold another meeting with the employee and take the following action:

 

(i)                 Issue a written reprimand to the employee;

(ii)               Warn the employee that a third incident will result in more severe disciplinary action; and

(iii)              Prepare and forward to the Personnel Department a written report describing the first and second incidents and summarizing the action taken during the meeting with the employee.

 

c.      If there are additional occurrences, the manager should notify the Personnel Director, if possible, and take the following action:

 

(i)                 Issue a written reprimand or warning;

(ii)               Suspend the employee without pay for up to five working days; or

(iii)              Suspend the employee indefinitely and recommend termination.

 

3. After taking action under Comment 2(c), above, the supervisor should prepare and forward to the Personnel Department another written report describing the occurrences, indicating the timing between the occurrences, and summarizing the action taken or recommended and its justification.

 

4. The progressive disciplinary procedures described in Comment (2), above, may also be applied to an employee who is experiencing a series of unrelated problems involving job performance and/or behavior.

 

5. In cases involving serious misconduct, such as a major breach of policy or violation of law, the procedures contained in Comment (2), above, may be disregarded.  The manager should suspend the employee immediately and, if appropriate, recommend termination of the employee.  Employees suspended from work will not receive or accrue any employee benefits during the suspension, unless management grants exception.

 

6. The Personnel Department, under normal circumstances, should review and approve all recommendations for termination before any final action is taken. 

 

7. Prior to any investigative interview conducted for the purpose of determining the facts involved in any suspected violation of Company rules and regulations, the employee who is suspected of violating Company rules and regulations should be told in general terms what the interview is about.

 

8. Employees who believe that they have been disciplined too severely or without good cause are encouraged to utilize the grievance procedure.  (See Grievance Procedure, Policy)

 

203: GRIEVANCE PROCEDURE

 

 

Policy:

 

It is the policy of the Company that employees should have an opportunity to present their work-related complaints and to appeal management decisions through a dispute resolution or grievance procedure.  The Company will attempt to resolve promptly all grievances that are appropriate for handling under this policy.

 

Comment:

 

1. An appropriate grievance is defined as an employee's expressed feeling of dissatisfaction concerning any interpretation or application of a work-related policy by management, supervisors, or other employees.  Examples of matters which may be causes of grievances appropriate under this policy include:

 

a.      A belief that Company policies, practices, rules, regulations, or procedures have been applied in a manner detrimental to an employee;

b.      Treatment considered unfair by an employee, such as coercion, reprisal, harassment, or intimidation;

c.      Alleged discrimination because of race, color, sex, age, religion, national origin, marital status, or handicap; and

d.      Improper or unfair administration of employee benefits or conditions of employment such as scheduling, vacations, fringe benefits, promotions, retirement, holidays, performance review, salary, or seniority.

 

2. Employees must notify the Company, in a timely fashion, of any grievance considered appropriate for handling under this policy.  The grievance procedure is the exclusive remedy for employees with appropriate grievances.  As used in this policy, the terms "timely fashion," "reasonable time," and "promptly" will mean five working days.

 

3. Employees are not to be penalized for proper use of the grievance procedure.  However, it is not considered proper if an employee abuses the procedure by raising grievances in bad faith or solely for the purposes of delay or harassment, or by repeatedly raising grievances that a reasonable person would judge to have no merit.  Implementation of the grievance procedure by an employee does not limit the right of the Company to proceed with any disciplinary action which is not in retaliation for the use of the grievance procedure.

 

4. The grievance procedure has a maximum of three steps, but grievances may be resolved at any step in the process.  Grievances are to be fully processed until the employee is satisfied, does not file a timely appeal, or exhausts the right of appeal.  A decision becomes binding on all parties whenever an employee does not file a timely appeal or when a decision is made in the final step and the right of appeal no longer exists.

 

5. Employees who feel they have an appropriate grievance should proceed as follows:

 

a.      Step One - Promptly bring the grievance to the attention of the immediate manager or supervisor.  If the grievance involves the manager or supervisor, then it is permissible to proceed directly to step two.  The manager or supervisor is to investigate the grievance, attempt to resolve it, and give a decision to the employee within a reasonable time.  The manager or supervisor should prepare a written and dated summary of the grievance and proposed resolution for file purposes.

b.      Step Two - Appeal the decision to the department head, if dissatisfied with the manager's or supervisor's decision, or initiate the procedure with the department head if Step One has been bypassed.  Such an appeal or initial complaint must be written and made in a timely fashion.  The manager's or supervisor's version of the grievance and decision will also be submitted to the department head.  The department head will, in a timely fashion, confer with the employee, the manager or supervisor, and any other members of management considered appropriate; investigate the issues; and communicate a decision in writing to all the parties involved.

c.      Step Three - Appeal an unsatisfactory department head decision to  either the Chief Operating Officer or a Corporate Officer designated by the Chief Operating Officer to hear grievances.  The timeliness requirement and procedures to be followed are similar to those in Step Two.  The Chief Operating Officer or Corporate Officer will take the necessary steps to review and investigate the grievance and will then issue a written, final, and binding decision.

 

6. Final decisions on grievances will not be precedent-setting or binding on future grievances unless they are officially stated as Company policy.  When appropriate, the decisions will be retroactive to the date of the employee's original grievance.

 

7. Information concerning an employee grievance is to be held in strict confidence.  Managers, supervisors, department heads, and other members of management who investigate a grievance are to discuss it only with those individuals who have a need to know about it or who are needed to supply necessary background information.

 

8. Time spent by employees in grievance discussions with management during their normal working hours will be considered hours worked for pay purposes.

204: OUTSIDE EMPLOYMENT

 

 

Policy:

 

It is the policy of the Company to allow its employees to engage in outside work or hold other jobs, subject to certain restrictions as outlined below.

 

Comment:

 

1. The Company requires that employees' activities and conduct away from the job must not compete or conflict with or compromise its interests, or adversely affect job performance and the ability to fulfill all responsibilities to the Company.  This requirement, for example, prohibits employees from performing any services for customers on nonworking time that are normally performed by Company personnel.  This prohibition also extends to the unauthorized use of any Company tools or equipment and the unauthorized use or application of any confidential trade information or techniques.  In addition, employees are not to solicit or conduct any outside business during paid working time.

 

2. Employees must obtain prior approval from management before any outside employment or other work activity is undertaken.  Failure to do so will be cause for disciplinary action.

 

3. Full-time employees may be permitted, but are not encouraged, to engage in outside employment or other work activity. Certain designated managers and professional and technical experts are expected to devote all of their working energies to the performance of their duties at the Company and, therefore, may not accept paid outside positions without the consent of a Corporate Officer.

 

4. Employees are cautioned to consider carefully the demands that additional work activity will create before requesting permission to seek or accept outside employment.  Outside employment will not be considered an excuse for poor job performance, absenteeism, tardiness, leaving early, refusal to travel, or refusal to work overtime or different hours.  If outside work activity does cause or contribute to job-related problems, such employment will be discontinued; and, if necessary, normal disciplinary procedures will be followed to deal with specific problems.

 

5. Employees’ requests for permission to accept outside employment, including self-employment, should be submitted in writing to the employee's department head.  The request should state any pertinent information about the outside employer, the nature of the job, and the hours of employment.  The department head should then forward the request to the Personnel Department, recommending either approval or disapproval.  The Personnel Department's decision will be final.

 

6. Department heads and the Personnel Department will be particularly concerned about outside work request that:

 

a.      May reduce the employee's efficiency in working for the Company;

b.      Involve working for an organization which is a competitor of the Company or which does a significant amount of business with the Company, such as major contractors, suppliers, and customers; or

c.      May adversely affect the Company's image in its markets.

 

7. Employees who have accepted outside employment are not eligible for paid sick or personal leave when the absence is used to work on the outside job or is the result of an injury sustained on that job.  Fraudulent use of sick or personal leave will be cause for disciplinary action.

 

205: PARTICIPATION IN COMMUNITY AFFAIRS

 

 

Policy:

 

It is the policy of the Company to encourage employees to participate in the community service affairs of charitable, educational, religious, fraternal, and civic organizations.

 

Comment:

 

1. Employee participation in community activities must not adversely affect the employee's job performance, be detrimental to the Company interests, or place the employee in the position of serving conflicting interests.

 

2. Time spent on community affairs, when not undertaken at the request of management, should normally be outside of the employee's regular working hours and, therefore, will not be considered hours of work for pay purposes.

 

3. Employees have a responsibility when expressing opinions in a public forum to make clear whether the opinion is a personal one or one representing the Company.  Any public communication which might be considered as representing the Company's position must be approved in advance by the Personnel Manager.  Employees are not to discuss internal confidential affairs in any public forum. 

 

4. Employees planning to campaign for, seek, or accept appointment to public office must give prior notice of their intentions to the Personnel Manager.  The Personnel Manager will review with the employee the Company's continuing requirements to avoid conflicts of interest and to maintain satisfactory attendance, effort, and performance standards.  Employees engaging in political activities must do so as individuals on their own time, not as representatives of the Company, and may make no representations otherwise.

 

206: SECURITY

 

 

Policy:

 

It is the policy of the Company to make reasonable efforts to provide security for its property, its employees, and authorized visitors to its premises.

 

Comment:

 

1. Employees are expected to know and comply with the Company's and its customer's security procedures and are expected to report any violations or potential problems to their Department Head and the Personnel Manager.  Employees violating security procedures will be subject to discipline; and, in addition, illegal acts committed by employees may be reported to law enforcement authorities.  Employees working on government sites and/or projects must follow security procedures as defined by the client.  For information regarding client procedures, please see your supervisor for written policy information from the client.

         

2. Employees are subject to search, surveillance, and interrogation whenever management feels such action must be taken to maintain security.  Employees may be asked to take a polygraph examination when the Company is investigating economic losses such as those resulting from theft, embezzlement, sabotage, or similar economic loss.  The Company will only ask those employees who had access to the property that is being investigated and only those employees whom it has reason to suspect were involved in the incident.  No employee will be required to take a polygraph examination as part of a Company investigation.  Further, no adverse action will be taken against any employee solely on the basis of the results of a polygraph test.

 

3. Employees working in sensitive or high security jobs must meet any applicable special security clearance requirements specified for such jobs.  These requirements may include more extensive background checks, fingerprinting, bonding, or other special security measures.  Failure or inability to meet and/or comply with any special security requirements are grounds for termination of employment or rejection of an applicant.

 

4. Employees may enter or remain on the Company's premises outside their normal working hours only when they have been authorized to do so by their supervisor.

 

5. Employees are expected to exercise reasonable care for their own protection and for that of their personal property while on the Company premises and while away from the premises on business.  The Company assumes no responsibility for employee losses resulting from robbery or theft while away from the premises on business.

 

207: CONFLICTS OF INTEREST

 

 

Policy:

 

It is the policy of the Company to prohibit its employees from engaging in any activity, practice, or act which conflicts with, or appears to conflict with, the interests of the Company, its customers, or its suppliers.  Since it is impossible to describe all of the situations which may cause or give the appearance of a conflict of interest, the prohibitions included in this policy are not intended to be exhaustive and only include some of the more clear-cut examples.

 

Comment:

 

1. Employees are expected to represent the Company in a positive and ethical manner and have an obligation both to avoid conflicts of interest and to refer questions and concerns about potential conflicts to their supervisor.  Employees are prohibited from submitting their resumes to another company for submission in a proposal without the prior written consent of a Corporate Officer. Top management and employees who have contact with customers and suppliers may be required to sign a special statement acknowledging their understanding of and adherence to this policy.

 

2. Employees are not to engage in, directly or indirectly either on or off the job, any conduct, which is disloyal, disruptive, competitive, or damaging to the Company.  Such prohibited activity also includes any illegal acts in restraints of trade.

 

3. Employees are not to accept any employment relationship with any organization, which does business with the Company or is a competitor of the Company.  This prohibition on employment includes serving as an advisor or consultant to any such organization, unless that activity is conducted as a representative of the Company. 

 

4. Employees must disclose any financial interest they or their immediate family have in any firm which does business with the Company or which competes with the Company.  The Company may require divestiture of such interest if it deems the interest to be in conflict with its best interest.

 

5. Employees and their immediate family are not to accept gifts, except those of nominal value, or any special discounts or loans from any person or firm doing, or seeking to do, business with the Company.  The meaning of gifts for purposes of this policy includes the acceptance of lavish entertainment and free long-distance travel and lodging.

 

6. Employees are not to give, offer, or promise, directly, or indirectly, anything of value to any representative of a customer, of a potential customer, or of a financial institution in connection with any transaction or business that the Company may have with such customer, potential customer, or financial institution.

 

208: CONFIDENTIAL NATURE OF COMPANY AFFAIRS

 

 

Policy:

 

It is the policy of the Company that the internal business affairs of the organization, particularly confidential information and trade secrets, represent proprietary assets that each employee has a continuing obligation to protect.

 

Comment:

 

1. Information designated as confidential is to be discussed with no one outside the organization and only discussed within the organization on a "need to know" basis.  In addition, employees have a responsibility to avoid unnecessary disclosure of non-confidential internal information about the Company, its employees, customers, and suppliers.  This responsibility is not intended to impede normal business communications and relationships, but is intended to alert employees to their obligation to use discretion to safeguard internal Company affairs.

 

2. Employees may be required, as a condition of their employment, to execute a confidentiality/non-disclosure agreement, and must treat the information as proprietary Company property for which they are personally responsible.  Employees are prohibited from attempting to obtain confidential information for which they have not received access authorization.  Employees violating this policy will be subject to discipline, up to and including termination and may be subject to legal action.

 

3. Employees who receive confidential information from our marketing partners, teaming partners, customers and other entities with, whom we have a business relationship, must also treat their confidential information in the same manner as TFSG confidential materials.  Our customers consider all internal information regarding their customers operations as confidential.

 

4. TFS has entered and will continue to enter Confidentiality and Non-Disclosure Agreements with our marketing partners, teaming partners, customers and other entities with which we have a business relationship.  These agreements allow CenterForce and the other party to exchange confidential information while protecting against further dissemination.  Employees are strictly prohibited from releasing any third party confidential information.

 

5. The Personnel Director is responsible for coordinating the security and control of Company information and for approving any exceptions to this policy.  Supervisors are responsible for identifying information that should be classified as confidential and should then work closely with the Personnel Director to develop procedures to secure and control the information within their jurisdiction.  Once information has been designated as confidential, it should be clearly identified as such and properly secured.  A list of employees authorized to have access to the information should be prepared, and all access should be logged.

         

6. Employees are not to discuss with the officers, directors, or employees of competing companies any topic which might give the impression of an illegal agreement in restrain of trade.  Such topics include pricing agreements, customer allocation, and division of sales territories.

 

7. Employees are not to divulge their salary or bonuses to any other employee of the Company.

 

209: USE OF COMMUNICATIONS SYSTEMS

 

 

Policy:

 

It is the policy of the Company to provide or contract for the communications services and equipment necessary to promote the efficient conduct of its business.

 

Comment:

 

1. Supervisors are responsible for instructing employees on the proper use of the communications services and equipment used by the organization for both internal and external business communications.

 

2. Most communications services and equipment have toll charges or other usage-related expenses.  Employees should be aware of these charges and expenses and should consider cost and efficiency needs when choosing the proper vehicle for each business communication.  Employees should consult their supervisor if there is a question about the proper mode of communication.

 

3. It is crucial that all telephone lines remain open for business calls and to service customers and employees.  Employees are requested to limit personal calls, both incoming and outgoing to emergency calls only with the exception of calls to or from an employees’ doctors office or for the opportunity for child to “check in” after school, etc.  No long distance calls are to be made on company phones, which are not strictly business related. 

 

4. All Company communications services and equipment are the sole property of the Company.  Accordingly, the Company may access and monitor employee communications and files as it deems appropriate.  An employee whose communications may be monitored will be asked to sign a consent form authorizing such monitoring.

 

5. Employees may not use company equipment for personal use, or remove it from the physical confines of TFSG or client use unless it is approved and your job specifically requires use of the company equipment outside of the physical facility.  This includes laptops, computers, to include word processing, the use of the Internet and email, and any other computer functions.  In addition, it is forbidden to install any programs or equipment unless directed by a supervisor or without the written permission of the department head.  These include, but are not limited to, games, online services, screen savers, etc.  The copying of programs on company or client computers is not permitted without the explicit written direction from either your supervisor or client.

 

6. Employees who do not have direct access to a Company telephone should make provisions to have emergency or other necessary incoming calls routed to their supervisor or to the Personnel Department, if the supervisor is not accessible.  Although the Company will attempt to deliver personal messages to employees, it cannot and does not accept responsibility for the prompt or accurate relay of such messages.

 

7. Employees should exercise care so that no personal correspondence appears to be official communication of the Company.  Personalized, Company stationary and business cards may only be issued by the Company.  Employees may not use the Company's address for receiving personal mail or use Company stationery or postage for personal letters.

 

8. Improper use of Company communications services and equipment will result in discipline, up to and including termination.

 

210: EMPLOYEE SAFETY

 

 

Policy:

 

It is the policy of the Company to comply with all applicable federal, state, and local health and safety regulations and to provide a work environment as free as feasible from recognized hazards.  Employees are expected to comply with all safety and health requirements whether established by management or by federal, state, or local law.

 

Comment:

 

1. The Company has appointed the Personnel Manager to coordinate with all managers and supervisors to ensure compliance with all government regulations.

         

2. Supervisors' safety responsibilities include:

 

a.      Familiarizing themselves with all safety and health procedures relevant to the operations under their supervision;

b.      Inspecting their work areas periodically;

c.      Training their employees in safety matters or arranging for such training where appropriate;

d.      Identifying conditions that are recognized in the Company's industry as being unsafe; and

e.      Reporting accidents and injuries to the Personnel Manager immediately.

 

3. Employees should report to the Personnel Manager or their supervisor all observed safety and health violations, potentially unsafe conditions, and any accidents resulting in injuries to employees or customers.  This includes any ergonomic concerns.

 

4. Employees are encouraged to submit suggestions to the Personnel Manager or supervisor concerning safety and health matters.  Under no circumstances should an employee speak with a client about any ergonomic concerns.  All issues should be addressed with the employee’s supervisor.  The supervisor will bring to the attention of the client any issues, as deemed necessary for resolution.

 

5. Supervisors should not discharge or discriminate in any manner against an employee because the employee has instituted a safety-related proceeding, has testified in such a proceeding, or has otherwise exercised any right afforded by law.  Employees accompanying government safety compliance officers during so-called "walk‑around inspections" will not be compensated for such time unless the employee is assigned the task by management.

 

6. Employees who are exposed to known toxic substances and recognized harmful physical agents should be given the following information at the time they are first hired and at least annually after that:

 

a.      The existence, location, and availability of any employee exposure or medical records pertaining to employees exposed to toxic substances or harmful physical agents, which are maintained or caused to be maintained by the Company;

b.      The identity of the person responsible for maintaining and providing access to such records; and

c.      The right of each employee or the employee's designated representative to examine and copy such records.

 

These employees may be required to submit to medical examinations and tests at intervals determined by their time on the job and whenever there is reason to believe that they were unduly exposed to toxic substances or harmful physical agents.  Copies of the OSHA regulation requiring access to employee exposure and medical records are available in the office of the Personnel Manager for examination by employees.

 

211: MAINTENANCE OF WORK AREAS

 

 

Policy:

 

It is the policy of the Company that all work areas must be kept clean and orderly at all times.

 

Comment:

 

1. All employees are responsible for maintaining their work areas in a clean and orderly fashion at all times.  To fulfill this responsibility, each employee should, at a minimum, do the following:

 

a.      Place coats, boots, umbrellas, and other items of clothing in designated areas so that work stations are not unnecessarily cluttered.

b.      Prior to the end of the workday, clean and store all tools and equipment and properly secure any items, papers, or information of value.

 

2. Supervisors are responsible for making sure that their employees maintain their work areas in accordance with the requirements of this policy.  Each supervisor should:

 

a.      Make sure that aisles, floors, and walls are free of debris and other unnecessary items and that all end-of-the-shift tasks have been performed;

b.      Monitor the facilities and equipment and issue maintenance requests where appropriate;

c.      Arrange for the removal of any items from the work place that are not needed for the flow of business or the comfort and enhancement of employees;

d.      Report to the Personnel Manager any existing or potential work place hazards and safety violations; and

e.      Ensure that all trash, waste, and scrap are properly disposed.

 

3. Smoking on the Company's premises is not permitted and is in violation of any state or local law or ordinance and is prohibited inside all Company facilities.

 

212: DRUGS, NARCOTICS, AND ALCOHOL

 

 

Policy:

 

 

It is the policy of the Company to maintain a work place that is free from the effects of drug and alcohol abuse.

 

Comment:

 

1. Employees are prohibited from the use, sale, dispensing, distribution, possession, or manufacture of illegal drugs and narcotics or alcoholic beverages on Company premises or work sites.   In addition, employees are prohibited from the off-premises use of alcohol and possession, use, or sale of illegal drugs when such activities adversely affect job performance, job safety, or the Company's reputation in the community.

 

2. The Company will not hire, unless state law provides otherwise, alcoholics or drug abusers whose current use of such substances prevents them from performing their jobs or who would constitute a direct threat to the property or safety of others.  Whenever applicants for employment are to be tested for the presence of such substances, they are to be informed of the test in advance and in writing.

 

3. Employees will be subjected to disciplinary action, up to and including termination, for violations of this policy.  Such violations include, but are not limited to, possessing illegal or non-prescribed drugs and narcotics or alcoholic beverages at work; being under the influence of such substances while working; using them while working; or dispensing, distributing, or illegally manufacturing or selling them on Company premises and work sites.  Employees, their possessions, and Company-issued equipment and containers under their control are subject to search and surveillance at all times while on Company premises or while conducting Company business. 

 

4. Employees may be required to take a test at any time to determine the presence of drugs, narcotics, or alcohol, unless such tests are prohibited by law.  Testing positive for illegal drugs or alcohol is a violation of this policy.  Employees subject to the Drug-Free Workplace Act who are convicted of any criminal drug violation occurring in the workplace must report such conviction to the Personnel Department within five days, and the Personnel Department is then to take appropriate action as required by law.

 

5. Supervisors should report immediately to the Personnel Department any action by an employee who demonstrated an unusual behavior pattern.  The Personnel Department will determine whether the employee should be examined by a physician or clinic and/or tested for drugs and alcohol.  Employees believed to be under the influence of drugs, narcotics, or alcohol will be required to leave the premises.  The Security Officer should be notified to arrange safe transit.

 

6. Any employees who use legal drugs or narcotics during work, and have any reason to expect such use may affect their ability to perform their work, must report this fact to the Personnel Department.  A determination will then be made as to whether the employee should be able to perform the essential functions of the job safely and properly. 

 

7. Employees who are experiencing work-related or personal problems resulting from drug, narcotic, or alcohol abuse or dependency may request, or be required to seek, counseling help.  Company-sponsored or required counseling should be kept confidential and should not have any influence on performance appraisals.  Job performance alone, not the fact that an employee seeks counseling, is to be the basis of all performance appraisals.

 

8. Any employee who is abusing drugs or alcohol may be granted a leave of absence to undertake rehabilitation treatment.  The employee will not be permitted to return to work until certification is presented to the Personnel Department that the employee is capable of performing his job.  Failure to cooperate with an agreed upon treatment plan may result in discipline, up to and including termination.  Participation in a treatment program does not insulate an employee from the imposition of discipline for violations of this or other Company policies.

 

9. The Company will, to the extent feasible, provide continuing awareness programs for the work force about the harmful effects of drug and alcohol abuse.  The following is a list of a number of alcohol and drug abuse treatment facilities:

 

Partners in Recovery:                             Sheppard Pratt Services:

Addiction Center                                    Prince William Hosp.

6701 North Charles Street, #183              Psychiatric and Addiction Treatment

Baltimore, MD  21204                    8700 Sudley Road

Phone:  410-296-9747                            Manassas, VA  20110

Fax:  410-296-2359                               (703) 369-8055

 

Maryland Recovery Partners, Inc.:            Maryland Recovery Partners, Inc.:

Extended-Care Treatment                       Extended-Care Treatment

Alcoholism & Addiction                            Alcoholism & Addiction

8 Office Street                                      350 Montevue Lane

Bel Air, MD  21014                                 Frederick, MD  21702

410-838-3442                             (301) 694-1775

                                                                  

Montgomery General Hospital:                  Kolmac Clinic – 3 Locations:

18101 Prince Philip Drive                         Drug Addiction Treatment Centers

Olney, MD  20832                                  15932-B Shady Grove Road

Crisis Intervention Services                     Gaithersburg, MD  20876

301-774-8888                             301-330-7696

Evaluation Center 301-774-8800             

Harrison House of Virginia:                       1003 Spring Street:

5105-Q Backlick Road                             Silver Spring, MD  20910

Annandale, VA  22003                            301-589-0255

1-888-682-1667

 

The Women’s Home:                               411 K Street, N.W.

Arlington, VA  22207                              Suite 703

Phone:  703-237-2822                            Washington, D.C.

Fax:  703-237-1167                               202-638-1992

 

 

10. Drug or alcohol abuse may require the removal of the employee from a client work place.  If removed the Company cannot guarantee continued employment if suitable position cannot be found.

 

213: MEDICAL PROCEDURES

 

 

Policy:

 

It is the policy of the Company that applicants to whom a conditional offer of employment has been extended, as well as present employees may be required to submit to medical tests or examinations whenever management feels such actions are necessary for the safe or efficient operation of the organization.

 

Comment:

 

1. Employees may be required to have a medical examination on occasions when the examination is job-related and consistent with the business necessity.  Such occasion may arise when there is the potential for exposure to toxic or unhealthful situations, when the employee is being considered for transfer or promotion, or when there is a question concerning the employee's ability to perform his duties.

 

2. Employees are encouraged, but not required, to have physical examinations periodically during their employment and to participate in wellness programs.

 

3. Medical examinations required by the Company will be paid for by it and must be performed by a physician or licensed medical facility designated or approved by it.  Such examinations paid for by the Company are the property of the Company and are to be treated as confidential and held in separate medical files.  However, records of specific examinations, if required by law or regulation or warranted by appropriate business practice, will be made available to the employee, persons designated and authorized by the employee, public agencies, relevant insurance companies, or the employee's doctor.

 

4. Employees who need to use prescribed drugs or narcotics while at work, and where such use may impair their ability to perform their job safely and effectively, must report this requirement to the Personnel Department.  Depending on the circumstances, employees may be reassigned, forbidden to perform certain tasks, or even not allowed to work if they are judged not able to perform their jobs safely and properly while taking prescribed drugs or narcotics.

 

5. The Company reserves the right to require acceptable confirmation of the nature and extent of any illness or injury that requires an employee to be absent from scheduled work.  Employees returning from a disability leave of absence caused by health problems may be required to provide a doctor's certification of their ability to perform their regular work satisfactorily without endangering themselves or their fellow employees.

 

6. The Company reserves the right to require a second medical opinion regarding an employee's absence because of illness or injury or regarding a doctor's certification of an employee's ability to return to work.  Company requested second opinions will be paid for by the Company.

 

7. Employees who become ill on the job or suffer any work-connected injury, no matter how minor, are to report to the dispensary for examination, treatment, and recording of the incident if there is one at their job site or report the incident to their supervisor immediately.  Time spent by an employee in waiting for and receiving such medical attention will be considered hours worked for any purposes.  Employees who must leave their work station for medical attention should, whenever possible, notify their supervisor.

 

214: SERIOUS DISEASES

 

 

Policy:

 

It is the policy of the Company that an employee with infectious, long-term, life-threatening or other serious diseases may work as long as they are physically and mentally able to perform the duties of their job without undue risk to their own health or that of other employees or customers.

 

Comment:

 

1. Serious diseases for the purposes of this policy include, but are not limited to, cancer, heart disease, multiple sclerosis, hepatitis, tuberculosis, human immunodeficiency virus ("HIV"), and acquired immune deficiency syndrome ("AIDS").

 

2. The Company will support, where feasible and practical, educational programs to enhance employee awareness and understanding of serious diseases.

 

3. Employees afflicted with a serious disease are to be treated no differently than any other employee.  However, if the serious disease affects their ability to perform assigned duties, such employees are to be treated like employees who have disabilities that limit their job performance.

 

4. Employees who are diagnosed as having a serious disease and who want an accommodation should inform their supervisor or the Personnel Department of their condition as soon as possible.  Supervisors and the Personnel Department should respond with compassion and understanding.

 

5. Employees who have a serious disease and who want accommodation should provide the Personnel Department with any pertinent medical records needed to make decisions regarding job assignments, ability to continue working, or ability to return to work.  The Company may also require a doctor's certification of an employee's ability to perform job duties safely.  Additionally, the Company may request that an employee submit to a medical examination if it believes the employee is a health or safety threat to himself or others.

 

6. The Company will attempt to maintain the confidentiality of the diagnosis and medical record of employees with serious diseases, unless otherwise required by law.  Information relating to an employee's serious disease will not be disclosed to other employees unless the information is, in the opinion of the Company, necessary to protect the health or safety of the employee, co-workers, or others.

 

7.      The Company will comply with applicable occupational safety regulations concerning employees exposed to blood or other potentially infectious materials.  Universal precautions, engineering and work practice controls, and personal protective equipment will be utilized to limit the spread of diseases in the work place.

 

8.      Employees concerned about being infected with a serious disease by a co-worker, customer, or other person should convey this concern to their supervisor or the Personnel Department.  Employees who refuse to work with or perform services for a person known or suspected to have a serious disease, without first discussing their concern with a supervisor, will be subject to discipline, up to and including termination.  In addition, where there is little or no evidence of risk of infection to the concerned employee, that employee may be assigned to work with or perform services for any other employee or customer as required by the Company.

 

215: TRAVEL

 

 

Policy:

 

It is the policy of the Company that business travel must be approved in advance and should be engaged in and reimbursed according to the guidelines below.

 

Comment:

 

1. Employees holding jobs that require extensive travel are expected to travel as a condition of employment.  For all other jobs, travel is considered only an incidental function of the position, but may be required.

 

2. Supervisors must approve any employee travel in advance.  Under normal circumstances, employees should make all travel arrangements for transportation and lodging using the travel agency specified by the Company.  In addition, all mileage or usage credits awarded by transportation, credit card, and other travel service companies are to be assigned to the Company.

 

3. The Company may issue guidelines specifying or restricting travel booking requirements.  These restrictions may include following General Services Administration regulations relating to travel.  Under normal circumstances, employees should use the most expedient mode of transportation available, book the least expensive fares, and stay in and eat at moderately priced establishments.  Also, key employees who are traveling together should try to schedule their transportation and lodging separately to minimize risks from accidents.

 

4. Employees should provide their supervisor with a copy of their itinerary before leaving on business travel.

 

5. Employee expenses for approved travel will be paid or reimbursed when properly documented by the employee and approved by the supervisor.  Employees who know or anticipate that they will have a special request for travel expense reimbursement should seek approval for the expense from their supervisor before the expense is incurred.   Any travel expenses deemed unreasonable relative to the circumstances will not be paid or reimbursed and are the employee's personal responsibility.  In addition, employees will only be reimbursed for the travel expenses of their spouse if management determines that the presence of the spouse has a bona fide business purpose.

 

6. Employees may obtain a cash advance for approved business travel by submitting a written request to the Accounting Department. Cash advances are Company property, and their use must be properly documented and approved as outlined in Comment (5).

 

7. Time spent by nonexempt employees in traveling away from home on Company business during normal working hours is considered hours worked for pay purposes.

 

8. Employees traveling on Company business are representatives of the Company and are expected to maintain a high level of professionalism and follow all of the Company's policies and rules.

 

216: AUTOMOBILE USAGE

 

 

Policy:

 

It is the policy of the company to reimburse employees for business use of personal vehicles according to the guidelines below.

 

Comment:

 

1. Employees may not drive vehicles for company business without the prior approval of their supervisor.  Before approving a driver, each supervisor must check the employee's driving record, verify the existence of a valid driver's license, and make sure the employee is eligible for coverage under any applicable Company insurance.  In addition, employees may not drive vehicles for Company business unless such employee maintains automobile insurance with a policy limit for personal injury of not less than One Hundred Thousand Dollars ($100,000) per occurrence.  Employees approved to drive on Company business are required to inform their supervisor of any changes that may affect either their legal or physical ability to drive or their continued insurability at the policy limit required by the company.

 

2. Employees holding jobs designated as requiring regular driving for business must, as a condition of employment, be able to meet the driver approval standards of this policy at all times.  For all other jobs, driving is considered only an incidental function of the position.

 

3. Employees who drive a vehicle on Company business must, in addition to meeting the approval requirements above, exercise due diligence to drive safely and to maintain the security of the vehicle and its contents.  In addition, such drivers must make sure that the vehicle meets any Company or legal standards for insurance, maintenance, and drive ability.  Employees are also responsible for any driving infractions or fines as a result of their driving.

 

4. Employees are not permitted, under any circumstances, to operate a  personal vehicle for Company business, when any physical or mental impairment causes the employee to be unable to drive safely.  This prohibition includes, but is not limited to, circumstances in which the employee is temporarily unable to operate a vehicle safely or legally because of illness, medication, or intoxication. 

 

5.      Employees who use their personal vehicle for approved business purposes will receive a mileage allowance for such usage.  This allowance is to compensate for the cost of gasoline, oil, depreciation, and insurance.  In addition, employees driving for company business may claim reimbursement for parking fees and tolls actually incurred.  Charges and claims for mileage allowance for vehicle use reimbursement must be approved by the employee’s supervisor and submitted to the Accounting Department for payment.

 

6. Employees must report any accident, theft, or malicious damage involving a personal vehicle used on Company business to their supervisor and the Personnel Department, regardless of the extent of damage or lack of injuries.  Such reports must be made as soon as possible but no later than forty-eight hours after the incident.   Employees are expected to cooperate fully with authorities in the event of an accident.  However, employees should make no voluntary statement other than in reply to questions of investigating officers.

 

7. Time spent by nonexempt employees (those subject to the wage and hour provisions of the Fair Labor Standards Act) in driving a personal vehicle on Company business during normal working hours is to be considered hours worked for pay purposes.

Section 3

 

 

EMPLOYMENT POLICIES

300: JOB EVALUATION

 

 

Policy:

 

It is the policy of the Company to evaluate all jobs in order to establish a consistent basis for measuring and ranking the relative worth of each job.

 

Comment:

 

1. The Personnel Department is responsible for developing and administering the job evaluation program.

 

2. Written job descriptions should be prepared for each position in the Company.  Each job should then be evaluated and ranked using a standardized rating system that measures the job content and/or worth of the job in the external marketplace.

 

3. All existing jobs are to be assigned a grade or classification based on their relative worth as determined by the evaluation.

 

4. A salary range is to be assigned to each grade or classification and provides for a spread from a minimum to a maximum rate.  Employee compensation within any labor grade or classification is based on such factors as merit, experience, individual productivity, and external market factors.

 

5.      The Personnel Department should evaluate all new positions and review on a periodic basis all job descriptions and evaluations to assure that they accurately reflect current conditions.  Employees may request that jobs be reevaluated or that grades or classifications be adjusted.

 

 

301: HIRING

 

 

Policy:

 

It is the policy of the Company to be an equal opportunity employer and to hire individuals solely upon the basis of their qualifications and ability to do the job to be filled.  Unless otherwise provided in writing, employment with the Company is considered to be at-will, so that either party may terminate the relationship at any time and for any lawful reason.  The Company will normally try to fill job openings above entry level by promoting from within.

 

302: TEMPORARY AND PART-TIME EMPLOYEES

 

 

Policy:

 

It is the policy of the Company to supplement the regular work force with temporary or part-time employees, or other forms of flexible staffing, when needed because of periods of peak work load, employee absences, or other situations as may be determined by management.

 

Comment:

 

1. A temporary employee is an individual who is hired either part-time or full-time for a specified, limited period.  A part-time employee is an individual who is hired for an indefinite period, but who works less than a normal work week.  Other flexible staffing classifications or arrangements may be added as needed.

 

2. Regular full-time employees who are given temporary transfers are not considered temporary employees unless, in fact, their job has been eliminated and only temporary employment is available.

 

3.      An employee whose status changes from full-time to part-time may use any days of paid absence or vacation earned as a full-time employee.  However, employees who were full time employees for a period of up to six months or less will lose all leave accrued regardless of the type of leave.  An employee whose status changes from temporary or part-time to full-time will be considered as hired on the date of the change of status for purposes of eligibility for paid absences and vacation.  Information concerning eligibility of temporary and part-time employees for other Company benefits, such as the 401K plan, is available from the Personnel Department.

 

303: EMPLOYEE AT-WILL

 

 

Policy:

 

It is the policy of the Company that all employees who do not have a written employment contract with the Company for a specific fixed term of employment are employees at the will of the Company for an indefinite period.

 

Comment:

 

1. Employees who do not have a separate, individual written employment contract for a specific fixed term of employment are employed at the will of the Company and are subject to termination at any time, for any reason, with or without cause or notice.  At the same time, such employees may terminate their employment at any time and for any reason.

 

2. No Company representative is authorized to modify this agreement, oral or written, contrary to this policy.  Supervisory and management personnel are not to make any representations to employees or applicants concerning the terms or conditions of employment with the Company which are not consistent with Company policies.  No statement made in pre-hire interviews or discussions, or in recruiting materials of any kind, are to alter the at-will nature of employment or imply that discharge will occur only for cause.

 

3. This policy may not be modified by any statements contained in this Handbook or any other employee handbooks, employment applications, Company recruiting materials, Company memoranda, or other materials provided to applicants and employees in connection with their employment.  None of these documents, whether singularly or combined, are to create an expressed or implied contract of employment for a definite period, nor an expressed or implied contract concerning any terms or conditions of employment.  Similarly, Company policies and practices with respect to any matter are not to be considered as creating any contractual obligations on the Company's part or as stating in any way that termination will occur only for "just cause."  Statements of specific grounds for terminations set forth in this Handbook or in any other Company documents are examples only, not all-inclusive lists, and are not intended to restrict the Company's right to terminate at-will.

 

4. Completion of an introductory period or conferral of regular status does not change an employee's status as an employee-at-will or in any way restrict the Company's right to terminate such an employee or change the terms or conditions of employment.

 

304: EMPLOYMENT AGREEMENTS

 

 

Policy:

 

It is the policy of the Company that it may execute, at its discretion, written employment agreements with certain of its employees.  Employees who do not have a written employment contract containing a specified term of employment are considered at-will employees.

 

Comment:

 

Shaista Rizvi, the President, and Asim Khan, the Chief Operating Officer, are the only Officers authorized to enter into written employment agreements on behalf of the Company.

 

305: EMPLOYEE SUPERVISION

 

 

Policy:

 

It is the policy of the Company that the work of all employees is to be assigned, directed, and reviewed by supervisory personnel.  Employees ordinarily are to have only one supervisor to whom they report.

 

306: ORIENTATION AND TRAINING

 

 

Policy:

 

It is the policy of the Company to provide orientation programs for new employees and to conduct or support training programs as deemed appropriate.  TFS Group, Inc. encourages all employees to keep skills up-to-date by providing educational assistance, as appropriate, and commensurate to their labor category.  (Refer to policy – Educational Assistance for further details.)

 

307: INTRODUCTORY PERIOD

 

 

Policy:

 

It is the policy of the Company that all new employees and all present employees transferred or promoted to a new job are to be carefully monitored and evaluated for an initial introductory period on the job of at least three months.  After satisfactory completion of the introductory evaluation, such employees will be evaluated on an annual basis as provided for in the Performance Appraisals Policy.

 

Comment:

 

1. Supervisors are to prepare a written evaluation of the employee's job performance by the end of the first three months on the new job.  The evaluation is to include a recommendation as to whether the employee should continue in the position.  Copies of the evaluation are to be forwarded to the department head and the Personnel Department for inclusion in the employee's personnel file.

 

2. Employees will be allowed to continue in their new positions if they are both given a satisfactory evaluation by the end of their initial three-month employment period and receive their supervisor's endorsement to continue in the job.  Employees not receiving such satisfactory evaluation and endorsement may be given additional time to demonstrate their ability to do the job if the supervisor feels additional time is warranted in order to achieve acceptable job performance.

 

3. Supervisors may recommend that a newly hired employee be terminated at any time.  Such a recommendation for termination should be submitted in writing to the Personnel Department for review and should include an evaluation and a listing of actions taken to assist the employee. 

 

4. Transferred or promoted employees who are unable to perform satisfactorily in their new jobs may, at the discretion of management, be returned to their original jobs, if a vacancy exists, or may be terminated.

 

5. At all times, employment with the Company, is considered to be "at-will," and the employer/employee relationship may be terminated at any time for any lawful reason by either party.

 

308: HOURS OF WORK

 

Policy:

 

It is the policy of the Company to establish the time and duration of working hours as required by work load and production flow, customer service needs, the efficient management of personnel resources, and any applicable laws.

 

Comment:

 

1. The normal work week is Saturday through Friday, beginning and ending at midnight, and consisting of forty hours.  The normal work day consists of eight consecutive hours of work with an unpaid meal period.

 

2. The schedule of hours for employees will be determined by each department head.  The department head will inform employees of their daily schedule of hours of work, including meal periods, and of any changes deemed necessary or desirable by the Company.

 

3. Department heads may schedule overtime or extra shifts when deemed necessary.  Supervisors will assign overtime to nonexempt employees (those employees subject to the minimum and overtime provisions of the Fair Labor Standards Act) in the particular job for which overtime is required.  Employees are not permitted to work overtime without prior approval of their supervisors or department head.  For the purposes of overtime compensation, only hours worked in excess of forty during a workweek will be counted. 

 

4. Employees’ attendance at lectures, meetings, and training programs will be considered hours of work if such attendance is requested by management.

 

5. Department heads, at their discretion, may allow nonexempt employees to make-up lost time during a given workweek.  However, make-up will not be allowed if the lost time is the result of a condition the employee could control, if there is no work the employee is qualified to do, or if adequate supervision is not available.

 

6. All employees are required to complete an individual time record showing the daily hours worked.  Time sheets cover two weeks, but must be completed by the close of each work day.  The following points should be considered in filling out time records:

 

a.      Employees must accurately record the hours they worked on the time sheets provided by the Company.

b.      Employees may be required to record their starting time, time out for lunch, time in from lunch, quitting time, and total hours worked each work day;

c.      Employees are not permitted to sign in or begin work before their normal starting time or to sign out or stop work after their normal quitting time without the prior approval of their supervisor;

d.      Employees are required to take scheduled lunch or meal breaks;

e.      Employee time records should be checked and signed by the supervisor involved.  Time for hours not worked, but which an employee is entitled to be paid for, (paid absences, paid holidays, or paid vacation time)  should be entered by the Employees and checked by the supervisor on the time sheet.  Authorized overtime should also be identified by the supervisor;

f.       Unapproved absences should not be considered as hours worked for pay purposes.  Supervisors should inform employees if they will not be paid for certain hours of absences; and

g.      The filling out of another employee's time record or the falsifying of any time record is prohibited and may be grounds for disciplinary action, up to and including termination. 

         

309: ATTENDANCE AND PUNCTUALITY

 

 

Policy:

 

It is the policy of the Company to require employees to report for work punctually as scheduled and to work all scheduled hours and any required overtime.  Excessive tardiness and poor attendance disrupt work flow and customer service and will not be tolerated.

 

Comment:

 

1. Unauthorized or excessive absences or tardiness will result in disciplinary action, up to and including termination.  Absences in excess of those allowed in Personal Leave Policy, and tardiness or early leaving (i.e., beyond ten minutes of starting or quitting time) more than three times in a three-month period are grounds for discipline.

 

2. Supervisors are to notify employees of their starting, ending, and break times.  Employees are expected to be engaged in carrying out their duties during all scheduled work time.  Supervisors are to record all absences and any tardiness or early leaving exceeding ten minutes.

 

3. Employees should notify their supervisor as far in advance as possible whenever they are unable to report for work, know they will be late, or must leave early.  Such notification should include a reason for the absence and an indication of when the employee can be expected to report for work.  If the supervisor is unavailable, a manager and as a last resort the Personnel Department should be contacted and given the same information.

 

4. Employees are to be compensated during authorized absences in accordance with the policies contained in Personal Leave Policy No. 304.  Nonexempt employees will not receive compensation for time missed because of tardiness or early leaving if the time missed exceeds ten minutes after starting time or before quitting time.  Failure to notify the Company properly of any absence may result in loss of compensation during the absence and may be grounds for disciplinary action.

 

5. Employees who are delayed in reporting for work more than thirty minutes and who have not notified their supervisor or manager of their expected tardiness may lose their right to work the balance of the work day.  In addition, employees who report for work without proper equipment or in improper attire may not be permitted to work.  Employees, who report for work in a condition deemed not fit for work, whether for illness or any other reason, will not be allowed to work.

 

6.      Employees are expected to report for work during inclement weather conditions if the Company does not declare an emergency closing.  Nonexempt employees who are unable to report because of weather conditions will be granted an authorized unpaid absence.  Nonexempt employees who are late because of weather conditions will be given a chance to make up their missed time if work schedules and conditions permit.

 

7. Employees will not be required or permitted to work any period of time, before or after scheduled starting or quitting times, for the purpose of making up time lost because of tardiness, unauthorized absence, authorized absence, or any other reason if the result will be that the employee works more than forty hours during the workweek.

 

8. Employees must report to their supervisor after being late or absent, give an explanation of the circumstances surrounding their tardiness or absence, and certify that they are fit to return to work.  The supervisor should record the information in the employee's file and forward a copy to the Personnel Department.  When appropriate, the supervisor should counsel the employee on the importance of good attendance and warn that excessive tardiness or absences, regardless of the causes, will lead to discipline, up to and including termination. 

 

9. Employees who are absent from work for three consecutive days without giving proper notice to the Company will be considered as having voluntarily quit.  At that time, the Company will formally note the termination and advise the employee of the action by certified mail.

 

310: PERSONAL APPEARANCE OF EMPLOYEES

 

 

Policy:

 

It is the policy of the Company that each employee's dress, grooming, and personal hygiene should be appropriate to the work situation.

 

Comment:

 

1. Employees are expected at all times to present a professional, business-like image to customers, prospects, and the public.  Favorable personal appearance, like proper maintenance of work areas, is an ongoing requirement of employment with the Company.  Radical departures from conventional dress or personal grooming and hygiene standards are not permitted.

 

2. The personal appearance of office workers and any employees who have regular contact with the public is to be governed by the following standards:

 

a.      Employees are expected to dress in a manner that is normally acceptable in similar business establishments.  The wearing of suggestive attire or of dungarees, shorts, casual or flip flop type sandals, T-shirts and similar items of casual attire are not permitted, as they do not present a businesslike appearance;

b.      Hair should be clean, combed, and neatly trimmed or arranged.  Shaggy, unkept hair is not permissible regardless of length; and

c.      Sideburns, moustaches, and beards should be neatly trimmed.

 

3. The personal appearance of employees who do not regularly meet the public is to be governed by the requirements of safety and comfort, but should still be as neat and business-like as working conditions permit.

 

4. Certain employees may be required to meet special dress, grooming and/or hygiene standards depending on the nature of their job.

 

5.      Any employee who does not meet the standards of this policy will be required to take corrective action, which may include leaving the premises.  Any work time missed because of failure to comply with this policy will not be compensated, and repeated violations of this policy will be cause for disciplinary action. 

 

311: PRODUCTIVE WORK ENVIRONMENT

 

 

Policy:

 

It is the policy of the Company to promote a productive work environment that is free from harassing or disruptive activity.  No form of harassment will be tolerated, including harassment for the following reasons:  race, national origin, religion, disability, pregnancy, age, military status, or sex.  Special attention should be paid to the prohibition of sexual harassment.

 

Comment:

 

1. Employees are expected to act in a positive manner and contribute to a productive work environment that is free from harassing or disruptive activity.  No form of harassment will be tolerated, and special attention is called to the prohibition of sexual harassment.

 

2. Each supervisor has a responsibility to maintain the work place free of any form of sexual harassment.  No supervisor is to threaten or insinuate, either explicitly or implicitly, that an employee’s refusal or willingness to submit to sexual advances will affect the employee's terms or conditions of employment.

 

3. Other sexually harassing or offensive conduct in the workplace, whether committed by supervisors, non-supervisors, employees, or non-employees, is also prohibited.  Such conduct includes:

 

a.      Sexual flirtations, touching, advances, or propositions;

b.      Verbal abuse of a sexual nature;

c.      Graphic or suggestive comments about an individual's dress or body;

d.      Sexually degrading words to describe an individual; and

e.      The display in the work place of sexually suggestive objects or pictures, including nude photographs.

 

4.      Any employee who believes that a supervisor's, another employee's, or a non-employee's actions or words constitutes unwelcome harassment has a responsibility to report or complain about the situation as soon as possible.  Such report or complaint should be made to the employee's supervisor, or the department head or Personnel Manager if the complaint involves the supervisor.

 

5. Complaints of harassment are to be handled and investigated under the Company's Grievance Policy, unless special procedures are deemed appropriate.  Regardless, all complaints of harassment are to be investigated promptly and in as impartial and confidential a manner as possible.  Employees are required to cooperate in any investigation.  A timely resolution of each complaint is to be reached and communicated to the parties involved.  Retaliation against any employee for filing a complaint or participating in an investigation is strictly prohibited.

6.      Any employee, supervisor, or manager who is found to have engaged in harassment of another employee will be subject to appropriate disciplinary action, depending on the circumstances, up to and including termination.

 

312: PERFORMANCE APPRAISALS

 

 

Policy:

 

It is the policy of the Company that performance reviews for each employee should be given periodically by the employee's manager or supervisor.

 

Comment:

 

1. A manager or supervisor should complete performance appraisals upon the following occasions:

 

a.      By the end of the first three months of employment;

b.      Prior to the annual salary review or on the anniversary date of employment;

c.      When the employee is transferred or promoted to a new job;

d.      When the employee is assigned to a new supervisor;

 

2. Managers and supervisors in completing evaluations should prepare a written appraisal of each employee's job performance.  Such an appraisal should include the manager's or supervisor's comments and recommendations, an action plan for both the employee and supervisor, and performance goals for the next evaluation period.

 

3. When the written evaluation has been reviewed by the department head, the manager or supervisor and employee should meet and discuss the evaluation, assess the employee's strengths and weaknesses in a constructive manner, and set objectives and goals for the period ahead.  The employee should be given the opportunity to examine the evaluation and make written comments about any aspect of it.  The employee and manager or supervisor should then sign and date the evaluation and forward it to the Personnel Department for review and inclusion in the employee's personnel file. 

 

4. Employees who want more than the chance to add written comments to their performance appraisal, may request a review by their department head or the Personnel Department.

 

5. Information derived from the performance appraisal may be considered when making decisions affecting an employee including, but not limited to, decisions concerning training needs and opportunities, pay, promotion, transfer, or continued employment.

 

6. The procedures discussed in this policy are only guidelines.  The Company may unilaterally modify or revoke them in whole or in part from time to time.  Accordingly, these procedures are not a promise or contract, expressed or implied, that they will be used in every instance.

 

313: PROMOTION

 

 

Policy:

 

It is the policy of the Company to hire employees for entry-level positions, to provide training and development for employees when deemed necessary, and to offer employees promotions to higher-level positions when deemed appropriate.  To fill vacancies above the entry level, management prefers to promote from within and will first consider current employees with the necessary qualifications and skills, unless outside recruitment is deemed to be in the Company's best interest.

 

Comment:

 

1. All employees are encouraged to seek advancement opportunities and to obtain promotion and career guidance from their supervisor, department head, and/or the Personnel Department.

 

2. An employee's basic eligibility for promotion will be determined by the requirements of the new job.  In addition, the employee must have both a satisfactory performance record and no adverse disciplinary actions during the last six months. 

 

3. Job openings and promotions for which management seeks candidates from within the Company may be posted on the employee bulletin board and/or announced in any employee publications.  From time to time, management will, as deemed appropriate, fill openings or make promotions, without posting notices.  When job openings or promotion opportunities are posted:

 

a.      Interested employees must initiate a written transfer request to their department head within five business days of the posting;

b.      Supervisors and department heads may initiate the procedure within the same time period and propose employees for the position; and

c.      The Personnel Department may, at its discretion, solicit outside candidates during or after the posting period.

 

4. Current employee candidates for job openings and promotions will be considered and processed as outlined in the Transfer Policy.  Applicants recruited from outside the Company for such positions will be considered and processed as outlined in the Hiring Policy.

 

5. Current employee candidates for promotion will normally be screened and selected on the basis of attendance and work records, performance appraisals and job-related qualifications including in some instances, aptitude tests.   In addition, such employees may be required to have a medical examination.

 

6. Promoted employees will be placed on a probationary status for a minimum of three months.  During this period, the provisions of the Introductory Period Policy will apply.

 

7.      It should also be noted that the review date for employees promoted or moved to positions of a different labor category will be the date the new position became effective.

 

314: TRANSFER

 

 

Policy:

 

It is the policy of the Company that it may, at its discretion, initiate or approve employee job transfers from one job to another or from one location to another.

 

Comment:

 

1. The Company may require employees to make either a temporary or long-term transfer in order to accommodate the organization's business needs.  Temporary transfer will normally occur no more than once in a twelve-month period and last no longer than a month.

 

2. Employees may request a voluntary job transfer.  However, to be eligible for a voluntary transfer, employees must meet the requirements of the new position, must have a satisfactory performance record, and must have no adverse disciplinary actions during the last six months.

 

3. Job openings for which management seeks candidates from within the Company may be posted on the employee bulletin board and/or announced in employee publications. 

 

4. Employee requests for transfer should normally be handled as follows:

 

a.      The employee should submit a written request for a transfer to his current department head.  The request should include the reason for the transfer and the department and specific job wanted.

b.      The department head should forward the request to the Personnel Department with a recommendation of approval or disapproval.

c.      The Personnel Department should determine whether the requested job of a suitable job opening exists and whether the employee is eligible.  If a job opening exists and the employee is eligible, the Personnel Department should arrange an interview between the candidate and the department head who has the job opening.

d.      The candidate will be allowed time off with pay for job interviews related to transfer.

e.      The department head with the job opening will make the final decision, subject to the approval of the Personnel Department.

 

5. Transferred employees will serve in their new positions for an initial period of at least three months during which the provisions of the Introductory Period Policy will apply.  Neither the transfer to a new position nor the completions of the subsequent introductory period alters the basic employment-at-will relationship.  In addition, transferred employees may be required to have a medical examination.

 

6. Transferred employees will retain their existing job seniority until satisfactorily completing their introductory period on the job.  That seniority will be transferred to the employee's new job at the successful completion of the introductory period.

 

315: LAYOFF AND RECALL

 

 

Policy:

 

It is the policy of the Company that, if it must reduce employment because of adverse economic or other conditions, layoffs and recall from layoffs will be conducted consistent with Company requirements and in accordance with the procedures set forth below.

 

Comment:

 

1. The Company will attempt to avoid layoffs and, whenever possible, will consider alternatives to layoff before any final decisions are made.  However, management must reserve the right to alter the layoff procedure in order to assure an adequate level of output or service.

 

2. All employees are to be selected for layoff based on evaluation of the following criteria:

                  

a.      Demonstrated current and past performance; and

b.      Promotion potential and transferability of skills to other positions within the unit.

                            

3. Employees selected for layoff will be given as much notice as required by law or as much as is reasonable under the circumstances.  Employees will be informed of the reason for the layoff, of the estimated length of the layoff, and of any rights they have to appeal their selection for layoff to the Personnel Department.

 

4. Credit for retirement benefits and seniority will continue to accumulate during any layoff of 30 days or less.  Employees laid off for more than 30 days and subsequently recalled within one year from the date of layoff will be credited with the years of service accumulated at the time of layoff.

 

5.      No vacation or days of paid absences will be accrued during layoff.  When an employee returns to work following recall, however, the employee may use any vacation or days of paid absence accumulated but not used at the time of layoff.  Vacation pay equal to the number of days accrued during the vacation year, minus the number of days taken, will be paid at the time of layoff if the layoff is expected to exceed 30 days.

 

316: TERMINATION OF EMPLOYMENT

 

 

Policy:

 

It is the policy of the Company to terminate employment because of an employee's resignation, discharge, or retirement; the expiration of an employment contract; or a permanent reduction in the work force.  Discharge can be for any reason not prohibited by law.  In the absence of a specific written agreement, employees are free to resign at any time for any reason, and the Company reserves the right to terminate employment at any time and for any reason. 

 

Comment:

 

1. Employees are requested to give written notice of their intent to resign.  Failure to give written notice may result in forfeiture of non-vested Company benefits and ineligibility for re-employment.  The following guidelines are suggested:

 

a.      Supervisory and managerial employees should give four weeks' notice; and

b.      All other employees should give at least two weeks' notice.

 

2. Employees who are absent from work for three consecutive days without being excused or giving proper notice will be considered as having voluntarily quit. 

 

3. The Personnel Department will attempt to have the final reconciliation pay amount determined by the terminated employee's last working day.  The Personnel Department is also responsible for securing the return by terminated employees of funds advanced and/or all Company property in their possession, such as Company identification cards, keys, credit cards, tools, cars and club memberships.  If the employee owes the Company any monies or is responsible for any lost or damaged property, such accounts are to be settled as originally agreed or by deduction from final pay, unless prohibited by law.

 

4. Terminating employees may be eligible for future employment if recommended by their supervisor and approved by the Personnel Department.  Terminating employees who wish to be considered for future employment should make their interests known to the Personnel Department.

 

5. Requests for employment references should be made in writing to the Personnel Department and should include an authorization by the employee for the release of the requested information.  Generally, the Personnel Department will not release reference information without the employee's authorization, or will limit the information to verification of the employee's position, job location, and dates of employment with the Company.

 

6. Termination and discharge procedures are only guidelines and do not constitute a legal contract between the Company and its employees.  The Company reserves the right to implement its policies and procedures as it sees fit.  In addition, specified grounds for termination are not all-inclusive since the Company reserves the right to terminate employment for any reason.

 

317: PERSONAL FINANCES OF EMPLOYEES

 

 

Policy:

 

It is the policy of the Company to require employees to meet and discharge their financial obligation in a timely manner.

 

Comment:

 

1. Employees should manage their personal finances so that they do not adversely impact job performance or the Company's image in the community.  The failure of employees to meet financial obligations may impose an administrative and financial burden on the Company in terms of extra bookkeeping and the need to respond to and comply with court processes.

 

2. The Company will not disclose employee financial information to outside parties without express written permission from the employee.  Employees who become financially obligated to the Company will be expected to enter into a written acknowledgement of the obligation at the time it is incurred.  Such obligations could arise from pay or expense advances, leave advances, breakage or shortages, or Company loans.

 

3. The manager of the Payroll Department is the only person authorized to receive a writ of garnishment or attachments, a notice of levy by any taxing authority, or any other similar order requiring payment of a portion of an employee's compensation to someone other than the employee.  The Payroll Department is to notify the affected employee immediately and then deduct the required amount from the employee's earnings.  The amount deducted, however, should not exceed that permitted by law.

 

4. No employee will be terminated because of the fact that his earnings have been subjected to garnishment for one indebtedness.  However, repeated garnishments for more than one indebtedness may result in discipline, up to and including termination, depending on the circumstances of the case and any restrictions under state law.

 

5. The Company will not deny employment to, or terminate the employment of, any person solely because that person has filed a petition for bankruptcy.

 

318: PERSONNEL RECORDS

 

 

Policy:

 

It is the policy of the Company to maintain personnel records for applicants, employees, and past employees in order to document employment-related decisions, evaluate and assess policies, and comply with government recordkeeping and reporting requirements.

 

Comment:

 

1. The Company strives to balance its needs to obtain, use, and retain employment information with each individual's right to privacy.  To this end, it attempts to restrict the personnel information maintained to that which is necessary for the conduct of its business or which is required by federal, state, or local law.

 

2. The Personnel Department is responsible for overseeing the recordkeeping for all personnel information and will specify what information should be collected and how it should be stored and secured.

 

3. Employees are responsible for keeping their resumes up to date and should provide their manager or supervisor at their annual review with a current resume for submission by the Company in proposals to procure contracts.
4. Employees have a responsibility to make sure their personnel records are up to date and should notify the Personnel Department in writing of any changes in at least the following:

 

a.      Name;

b.      Address;

c.      Telephone number;

d.      Marital status (for benefits and tax withholding purposes only);

e.      Number of dependents;

f.       Addresses and telephone numbers of dependents and spouse or former spouse (for insurance purposes only);

g.      Beneficiary designations for any of the Company's insurance, disability and pension; and

h.      Persons to be notified in case of emergency.

 

In addition, employees who have a change in the number of dependents or marital status must complete a new Form W-4 for income tax withholding purposes within ten days of the change, if the change results in a decrease in the number of dependents.

 

5. Employees may inspect their own personnel records and may copy, but not remove, documents from the file.  Such an inspection must be requested in writing to the Personnel Department and will be scheduled at a mutually convenient time.  Records deemed to contain sensitive or confidential corporate plans or information may be excluded from the inspection, and all inspections must be conducted in the presence of a designated member of the Personnel Department.  A reasonable charge, not to exceed the actual cost to the Company, may be charged for any copies of records made by the employee.

 

6. Employees who feel that any file material is incomplete, inaccurate, or irrelevant may submit a written request to the Personnel Department that the files be revised accordingly.  If such a request is not granted, the employee may place a written statement of disagreement in the file and pursue the matter further using the regular grievance procedure. 

 

7. Only supervisory and management employees who have an employment-related need-to-know for information about another employee may inspect the files of that employee.  Such an inspection must be approved by the Personnel Department and should be recorded in the file inspected.

 

8. Employees are to refer all requests from outside the Company for personnel information concerning applicants, employees, and past employees to the Personnel Department.  The Personnel Department normally will release personnel information only in writing and only after obtaining the written consent of the individual involved.  Exceptions may be made to cooperate with legal, safety, and medical officials who have a need to know specific employee information.  In addition, exceptions may be made to release limited general information, such as the following:

 

a.      Employment dates;

b.      Position held; and

c.      Location of job site.

 

319: CUSTOMER RELATIONS

 

 

Policy:

 

It is the policy of the Company to be customer and service oriented and to require employees to treat customers in a courteous and respectful manner at all times.

 

Comment:

 

1. Employees must understand that the customer comes first, is the primary source of the organizations income, and is, therefore, the ultimate source of each employee's job security and income.  All employees have an obligation to represent the Company in a positive fashion and to make customers feel as comfortable as possible in dealing with the organization.

 

2. Employees with customer contact are expected to know the Company's products and services and to learn the wants and needs of customers.  Such employees should attempt to educate customers about the use of the organization's products and services and should seek new ways to serve the customer.

 

3. Employees are encouraged to report recurring customer-related problems to their supervisor and/or make suggestions for changes in Company policies or operating procedures to solve problems.

 

4. Employees should be prepared to listen carefully to customer inquiries and complaints and then deal with them in a responsive, professional manner.  If a controversy arises, the employee should attempt to explain Company policy in a clear, yet deferential manner.  If a customer becomes unreasonable or abusive and the employee cannot resolve the problem, the customer should be referred to the employee's supervisor.

 

5. Employees should be particularly careful to exercise courtesy and thoughtfulness in using the telephone.  A positive telephone contact with a customer can enhance goodwill while a negative experience can destroy a valuable relationship.  The following procedures should be observed whenever possible:

 

a.      When answering the telephone, use a pleasant tone of voice, give the name of the department, and identify yourself;

b.      If the person with whom the caller wishes to speak is on another line, ask the caller if he wants to be placed on hold;

c.      If a caller has been placed on hold, carefully monitor the holding period and offer to have the call returned if the person with whom he wishes to speak is not available within a reasonable time;

d.      When a caller leaves a name, number, or message, make sure it is recorded correctly and given promptly to the appropriate individual; and

e.      When using the telephone, all employees should take and place their own calls.

 

6. Most of the Company's customers speak English as their primary language.  Therefore, it is required that employees speak English when dealing with customers.  Violations of this rule will result in disciplinary action.  This rule does not apply, however, in situations where the customer's primary language is one other than English and the employee is also conversant in the other language.

 

 

Section 4

 

 

COMPENSATION & PAYROLL POLICIES

400: SALARY ADMINISTRATION

 

 

Policy:

 

It is the policy of the Company to pay compensation, which is nondiscriminatory and competitive with rates being paid for similar jobs by other employers in the community.  However, all compensation policy decisions must take into consideration the Company's overall economic condition and competitive position.

 

Comment:

 

1. Managers or supervisors are responsible for conducting a compensation review with each employee at least annually.  Compensation decisions should be based on performance and budget considerations.

 

2. Employees who are not satisfied with the results of their compensation review or who have questions about the Company's salary administration and benefits program should direct their concern to their supervisor, department head, or the Personnel Department.  Furthermore, all concerns, regardless of merit, must be addressed in writing to his/her supervisor, and a copy should be forwarded to personnel and filed in the employee’s personnel file.

 

401: PAY PROCEDURES

 

 

Policy:

 

It is the policy of the Company to pay employees on a regular basis and in a manner so that the amount, method, and timing of such payments comply with any applicable laws or regulations.

 

Comment:

 

1. Employees normally will be paid every other Friday.  If the regular payday occurs on a holiday, employees will be paid on the last working day prior to the regular payday.

 

2. Employees on each payday will receive, in addition to their check, a statement showing gross pay, deductions, and net pay.  Local, state, federal, and Social Security taxes will be deducted automatically.  No other deductions will be made unless required or allowed by law, contract, or employee obligation.  Employees may elect to have additional voluntary deductions taken from their pay only if they authorize the deductions in writing.

 

3. Employees who discover a mistake in their pay check, lose their pay check or have it stolen should notify the Accounting Department immediately.  In the case of a mistake, the error will be remedied promptly.  In the case of loss or theft, the Accounting Department will attempt to stop payment on the check and reissue a new one to the employee.  However, the employee is solely responsible for the monetary loss and the Company cannot be responsible for the loss or theft of a check if it cannot stop payment on the check.

 

4. Employees who are eligible for vacation may receive an advance on their vacation pay so long as an approved request for it is submitted to the Accounting Department at least one pay period prior to the commencement of the vacation.  Under normal circumstances, no other advances or loans for employees will be made without the prior approval of the Personnel Director.

 

5.      Nonexempt employees (i.e. those not exempt from the provisions of the Fair Labor Standards Act) will be paid overtime compensation at the rate of one and one-half times their regular hourly rate for work in excess of forty hours during their normal workweek. 

 

6.      In such cases where an advance is given to an employee, regardless of the reason and type of advance, must complete a payroll authorization form, which include terms of payment.  This form must be completed PRIOR to receipt of the advance.  Any pay advances for any reason, which are not paid in full as of the date of termination, will be deducted in full from the employees’ final paycheck.  In such cases where a balance is still due the company upon final reconciliation, payment should be made to the company immediately.  This includes any advances to active employees as well as those employees who are terminating.

 

402: MEAL REIMBURSEMENT

 

 

Policy:

 

          It is the policy of the Company to provide, pay, or reimburse employees for business-related meals according to the guidelines below.

 

Comment:

 

1. Employees required to travel on Company business may charge to the Company, or be reimbursed for, the cost of all meals during their travel.  These travel expenses shall not exceed the General Service Administration's per diem rate. 

 

Section 5

 

 

LEAVE POLICIES

500: VACATIONS

 

 

Policy:

 

It is the policy of the Company to grant annual vacations with pay to regular full-time employees in accordance with the guidelines established below.

 

Comment:

 

1. The established vacation year is set by your anniversary/hire date in which full time status began.  Vacations are accrued or earned based on the employee's length of service and on the time worked during the preceding calendar year.

 

2. Full-time employees will accrue paid vacation according to the following schedule:

 

Service Period                                                   Paid Vacation

 

                    Years 1 to 5                                                      10 days

                   Years 5 to 10                                                      13 days

                   Years 10 to 15                                                     16 days

Years 15 & Over                                                  19 days   

 

 

Employees may not take paid vacation until they have actually earned the vacation.  Accruals will not begin until the 91^st day of employment.  New employees accrue paid vacation during their first six months of employment but may not take any vacation until their six-month anniversary date.

 

3.      Employees who feel there is a discrepancy in the calculation of their vacation pay or eligibility may request a review of that calculation by the Personnel Department. 

 

4.      Vacation pay for regular full-time employees will consist of the employee's regular rate of pay for the vacation period, and generally will be paid on the regularly scheduled payday.

 

5.     Employees must have a total of 80 or more hours recorded on his/her bi-weekly timesheet in order to receive a full accrual.  Vacation accruals are pro-rated for anyone with less than 72 hours of paid time recorded on his/her bi-weekly timesheet.

 

6.      Employees must submit vacation plans to their supervisor at least one (1) month in advance.  Management reserves the right to designate when some or all vacations must be taken.  Supervisors are responsible for ensuring adequate staffing levels.

 

In addition, employees on a leave of absence, not to include military leave of absence, will not accrue any new vacation time during the leave.

         

7.      Employees on a leave of absence, other than a military leave of absence, are required to use all accrued paid vacation time as part of the leave, as specified in Leaves of Absence Policy. 

 

8.      Employees who are entitled to a vacation of two weeks or less may take their full vacation at one time as long as there are no work schedule conflicts.  Those who are entitled to a vacation of more than two weeks normally may only take a maximum of two weeks consecutively, with the balance to be taken separately as full weeks or as individual days.  Vacation time of less than a half day is generally not granted unless the employee receives the express written permission of his/her supervisor.

 

9.     Employees may not receive vacation pay in lieu of time off and will not be paid for any unused vacation remaining at the end of the vacation year. Employees may accumulate unused vacation days up to a maximum of 160 hours.  However, this accumulation must take place in conjunction with personal leave accrual policy. Please contact Human Resources for more information. 

 

10.  When employment is terminated, employees will receive vacation pay for any unused vacation accrued not to exceed a maximum of 160 hours.  Accruals will not continue for any balances beyond 160 hours during employment.  If an employee dies, pay for accrued and unused vacation will be paid in a lump sum to the employee's estate.

 

11.  If a paid holiday falls within an employee's vacation period, that day will be counted as a Holiday and not as a vacation day.  No allowance will be made for sickness or other type of absence occurring during a scheduled vacation.

 

501: PERSONAL LEAVE

 

 

Policy:

 

It is the policy of the Company to permit employees to be absent from work on a personal leave basis under a variety of circumstances, including sickness or injury.  To help employees maintain their income during certain authorized absences, the Company will provide compensation according to the guidelines below.

 

Comment:

 

1. A personal leave absence generally is any absence continuing two weeks or less.  Absences longer than two weeks must be converted to a leave of absence if employment rights are to be maintained.  (See Leaves of Absence, Policy No. 305)

 

2.      An authorized personal leave absence may include any of the following (the phrase "immediate family" for the purposes of this policy includes the employee's spouse, brother, sister, father, mother, children, step-children, father-in-law, mother-in-law, sister-in-law, brother-in-law, daughter-in-law, son-in-law, and any member of the employee's household):

 

a.      Sickness or injury resulting in the temporary disability of the employee or a member of his immediate family;

b.      Death, funeral, or estate settlement of the employee's immediate family;

c.      Marriage of the employee or a member of his immediate family;

d.      Urgent personal business, which cannot be conducted outside of normal working hours;

e.      Voting in local, state, or national elections;

f.       Religious observance required by the employee's religion.

7. Jury duty or testifying as a subpoenaed witness in a judicial proceeding.

 

3. In order for personal leave absences to be considered authorized and potentially eligible for compensation, employees must obtain approval for the absence from their supervisor.  Employees should give their supervisor as much advance notice of an absence as possible.  Unauthorized absences and absences in excess of that allowed under this policy, except for an approved leave of absence, will be considered abuses of this policy and are grounds for disciplinary action. 

 

4. Full-time regular employees are eligible to be compensated for regular base wages lost during certain periods of authorized absence to the extent that they have accumulated days of paid absence.  However, not all absences authorized under this Policy will be compensated.  (See Comment

 

5. Days of paid absence may be accumulated as follows:

 

a.      New employees during the introductory period-none paid or accrued until the 91^st day of employment, but three days of unpaid absence may be authorized;

b.      Employees with more than three months, but less than one year of service-five days; and

c.      Employees with more than one year of service-ten days each year.

                  

6.      Regular part-time employees who work thirty-five or more hours per week are eligible to receive compensation for personal leave absences on the same basis as full-time employees, except that their accumulated days will be accrued on a pro rata basis that relates the average number of hours per week worked to a regular forty-hour week.  (For example, a part-time employee working twenty hours per week would be eligible for one half the paid time-off that a full-time employee receives.)  Part-time employees working less than thirty-five hours per week and temporary employees are not eligible for compensation for personal leave absences but may take unpaid absences if approved by their supervisor and/or the Personnel Department.

 

7. Eligible employees generally may receive compensation for the following approved personal leave absences:  sickness or injury; death or funeral in the immediate family; jury duty; estate settlement; marriage; personal business; and religious observances.  (See Comment (2).)  Employees who take approved personal leave absences to vote generally will not be compensated under this Policy.  In addition, employees will not be paid for approved absences covered by workers' compensation payments.

 

8. New hires will not begin to accrue until the 91^st day of employment.  Employees may accumulate unused days of personal leave until the end of the current calendar year. Any employee who has an accrued personal leave balance at the end of the calendar year will lose his/her balance*.  Accruals for all employees will begin once again at 3.08 hours (based on 80 hours worked) biweekly beginning January 1 of the new calendar year.  Unused days of paid absence are not convertible into cash, personal holidays, or vacation.  If employment is terminated, pay for accumulated and unused days of paid absence will not be granted under any circumstances.  Further, should an employee‘s employment terminate, regardless of the reason, any personal leave taken prior to the completion of ninety days/500 hours of employment will be considered advanced, and will be deducted from the employees final paycheck.

 

*   Please See Human Resources for a special exemption regarding this condition.

 

9. Employees returning from a personal leave absence must report to their supervisor, give an explanation for the absence, and, when appropriate, certify that they are fit to return to work.  The supervisor should make a record of the employee's absence and return to work and forward a copy to the Personnel Department.  When necessary, the supervisor should counsel the employee on the importance of good attendance and warn that excessive absences, regardless of cause, will lead to discipline, up to and including termination. 

 

10. The Company may require an employee to submit medical certification to verify a claimed sickness or injury.   Employees are prohibited from falsifying the reason for an absence.  Employees who violate this policy will be subject to disciplinary action, up to and including termination and absence compensation will be stopped immediately. 

 

11. Compensation during authorized absences will not be granted prospectively, i.e., in advance, before days of paid absence have been accrued.  In addition, authorized days off for personal leave absences will not be considered as working time for calculating weekly overtime compensation.  Additionally, a full time eligible employee must work 80 hours or more of recorded time per pay period in order to receive the full accrual rate of 3.08 hours.  Any full time eligible employees who work less than 72 hours during any pay period will not receive the full accrual rate.  Instead, it will be pro-rated.

 

502: HOLIDAYS

 

 

Policy:

 

It is the policy of the Company to designate and observe certain days each year as holidays.  Eligible employees will be given a day off with pay for each holiday observed.

 

Comment:

 

1. The holiday schedule the Company will observe during each calendar year will be published by the Personnel Manager prior to the beginning of the year.

 

2.      Full-time employees are eligible to receive their regular rate of pay for each observed holiday.

 

3. To receive holiday pay, an eligible employee must be at work, or on an authorized absence, on the work days immediately preceding and immediately following the day on which the holiday is observed.  If an employee is absent on one or both of these days because of an illness or injury, the Company reserves the right to verify the reason for the absence before approving holiday pay. 

 

4. A holiday that occurs on a Saturday or Sunday will generally be observed by the Company on either the preceding Friday or the following Monday.

 

5. If a holiday occurs during an employee's vacation period, the day will be counted as a holiday and will not be counted as a vacation day.

 

6. The Company recognizes that some employees may wish to observe, as periods of worship or commemoration, certain days, which are not included in the Company's regular holiday schedule.  Accordingly, employees who would like to take a day off for such reasons may be permitted to do so if the employee's absence from work will not result in an undue hardship on the conduct of the Company's business and if the employee's supervisor approves.  Employees may use accumulated days of sick/personal leave or "floating" holidays on such occasions, or they may take such time off as an unpaid, excused absence.

 

7. The Company may schedule work on an observed holiday, as it deems necessary.  Normally, work on an observed holiday will be paid as if the day were a regularly scheduled day.  In addition, employees will be given the option of receiving their holiday pay or a "floating" holiday to be taken, with the prior approval of their supervisor, at another time during the year.

 

8. Observed Holidays for the current Calendar Year are as follows:

 

          New Year's Day*      Martin Luther King, Jr.         Presidents Day                            Memorial Day            Independence Day              Labor Day

          Columbus Day Veteran's Day                    Thanksgiving Day               Christmas Day*

 

*If this holiday falls on a Saturday, the holiday will be observed on the Friday prior to the actual holiday.  If this holiday falls on a Sunday, the holiday will be observed on the Monday following the actual holiday.

 

503: LEAVES OF ABSENCE

 

 

Policy:

 

It is the policy of the Company to grant employees extended leaves of absence under certain circumstances.  Except as stated below, employees will not receive compensation during a leave of absence nor accrue any benefits during this period.

 

Comment:

 

1. The Company will comply with the provisions of the Federal Family and Medical Leave Act ("FMLA").  The Appendix to this policy outlines the FMLA's requirements, including the rights and obligations of employees, notification requirements, and the Company's obligations.  FMLA applies to companies with 50 or more employees.  Check with the personnel department for current FMLA status.

 

2. Employees generally are eligible for leaves of absence if they have completed at least one year of service, or as specified by law.  The granting and duration of each leave of absence and the compensation received by the employee, if any, during the leave of absence will be determined by the Company in conjunction with applicable federal and state law.  Except for the paid leave set forth in Section 302 Vacation Leave, or Section 304 Personal Leave, or as required by Federal or applicable State law, the following leaves are excused absences without any form of compensation from the employer:

 

                   (a)      Sick Leave of Absence:  Employees who are unable to work because of a serious health condition or disability, and who need to take leave beyond the coverage afforded in the Company's Sick/Personal Leave Policy, may be granted a sick leave of absence.   This type of leave covers disabilities caused by pregnancy, childbirth, or other related medical conditions.  The Company requires certification of an employee's need for sick leave, both before the leave begins and on a periodic basis thereafter, by the employee's health care provider.

 

                   (b)      Parental Leave of Absence:  Female employees, when not disabled by pregnancy or childbirth (see above), and male employees may be granted a parental leave of absence to care for a child upon birth or upon placement for adoption or foster care.

 

                   (c)      Family Care Leave of Absence:  Employees may be granted a family care leave of absence for the purpose of caring for a child, spouse, or parent who has a serious health condition.  The Company requires certification of the family member's serious health condition, both before the leave begins and on a periodic basis, by the family member's health care provider.

 

(d)              Personal Leave of Absence:  Employees may be granted a leave of absence to attend to personal matters in cases in which the Company determines that an extended period of time away from the job will be in the best interests of the employee and the Company.

 

(e)      Military Leave of Absence:  A military leave of absence will be granted if an employee enlists, is inducted, or is recalled to active duty in the Armed Forces of the United States for a period of up to four years (plus any involuntary extension for not more than one year).  Employees who perform and return from military service in the Armed Forces, the military Reserves, or the National Guard will retain such rights with respect to reinstatement, seniority, vacation, layoffs, compensation, and length of service pay increases as required by applicable federal or state law.  Employees engaged in such duty/leave will not be compensated for the difference in pay, if any, received from the military by the employer.  Further, employees must use leave in the form of Personal, Vacation, or Leave Without Pay to receive compensation from the employer and can only be used for those days, in which compensation has not been received by the military.

 

Employees with one year or more of service will be protected against a loss of income as a result of participation in annual encampment or training duty in the U.S. Military Reserves or the National Guard.

 

(f)      Jury Duty/Witness Duty:  Employees, who have been assigned jury duty or have been subpoenaed to serve as a witness in a trial, are permitted to do so.  Proof of such an assignment must be provided prior to the time served.  In addition, any form of compensation for time served, other than expenses, must also be provided to his/her supervisor.  Employees engaged in such duty/leave will not be compensated for the difference in pay, if any, received from the courts by the employer.  Further, employees must use leave in the form of Personal, Vacation, or Leave without Pay to receive compensation from the employer and can only be used for those days, in which compensation has not been received by the court.

 

                   (g)      Educational Leave of Absence:  Employees who want to continue their education in preparation for added responsibilities with the Company may be granted an educational leave of absence.

 

                   (h)      Public Service Leave of Absence:  Employees who want to accept temporary employment in federal, state, or local government or with an organization devoted to community service may be granted a public service leave of absence.

 

3. When possible, requests for a leave of absence or any extension of a leave should be submitted in writing to the employee's department head thirty days prior to commencement of the leave period, or as soon as is practicable.  The department head will forward the request to the Personnel Manager recommending approval or denial.  The final decision concerning the request will be made by the Personnel Manager.  All employees on approved leave are expected to report any change of status in their need for a leave or their intention to return to work to the Personnel Manager.

 

4. Employees who are on an approved leave of absence may not perform work for any other employer during that leave, except when the leave is for military or public service.

 

5. Benefits that accrue according to length of service, such as paid vacation, holiday, personal, and sick days, do not accrue during periods of leave.

 

 

6. Every employee on a sick leave or family care leave of absence will be required to utilize all accrued personal, vacation, and sick days while on leave.  However, employees who are covered by the Company's disability or workers' compensation insurance, and therefore already receiving compensation, may not use paid sick leave.  Every employee on a parental, personal, educational, or public service leave of absence will be required to utilize all accrued personal and vacation days while on leave.  Employees on leave without pay for 16 days or longer must pay the total amount of their insurance. Contact Human Resources for more information.

 

7. Employees returning from a leave of absence will be reinstated to their same job or to an equivalent job with equivalent status and pay, as required by law.  Employees returning from a sick leave must provide certification of their ability to perform the functions of their job.  Employees returning from a military leave must also comply with all of the reinstatement requirements specified by federal law.  If the same job or one of equivalent status and pay is not available as a result of a reduction in force, the employee will be treated in the same manner as though he were not on leave at the time of the reduction in force.

 

8.      Employees who are unable to report for work because of arrest and incarceration will be placed on a special personal leave of absence.  If the employee is unable to secure bail, the leave of absence will continue until final disposition of the charges.  If the employee is freed on bail, a decision whether to allow the resumption of active employment pending disposition of the charges will be made by the employee's department head and the Personnel Manager.  They will determine whether reinstatement would be consistent with the Company's needs and requirements.

 

9. If an employee fails to return to work at the conclusion of an approved leave of absence, including any extension of such leave, the employee will be considered to have voluntarily terminated employment.

 

 

APPENDIX: 

Notice to Employees Regarding the Family and Medical Leave Act of 1993

 

The Company will comply with all applicable requirements of the Family and Medical Leave Act of 1993 ("FMLA").

 

Effective August 5, 1993, the FMLA requires private employers with 50 or more employees and all public agencies, including state, local, and federal employers, and local education agencies (schools), to provide eligible employees up to 12 weeks of unpaid, job-protected leave in any 12-month period for certain family and medical reasons.

 

Employee Eligibility

 

The FMLA defines eligible employees as employees who: 

1. have worked for the Company for at least 12 months;

 

2. have worked for the Company for at least 1250 hours in the previous 12 months; and

 

3. Work at or report to a work‑site which has 50 or more employees or is within 75 miles of work‑sites that taken together have a total of 50 or more employees.

 

Leave Entitlement

 

Eligible employees may take leave for the following reasons:  (1) to care for a child upon birth or upon placement for adoption or foster care; (2) to care for a parent, spouse, or child with a serious health condition; or (3) when an employee is unable to work because of the employee's own serious health condition.

 

A "serious health condition" means an illness, injury, impairment, or physical or mental condition that involves: 

1. Any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical-care facility;

 

2. Any period of incapacity requiring absence of more than three calendar days from work, school, or other regular daily activities that also involves continuing treatment by (or under the supervision of) a health care provider; or

 

3. Continuing treatment (by or under the supervision of) a health care provider for prenatal care or a chronic or long-term health condition that is so incurable or so serious that, if not treated, would likely result in a period of incapacity of more than three calendar days.

 

"Health care provider" means: 

1. Doctors of medicine or osteopathy authorized to practice medicine or surgery by the state in which the doctor practices;
2. Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist) authorized to practice, and performing within the scope of their practice, under state law;
3. Nurse practitioners and nurse midwives authorized to practice, and performing within the scope of their practice, as defined under state law; or
4. Christian Science practitioners listed with the First Church of Christ Scientist in Boston, Massachusetts.

 

FMLA leave for birth or placement for adoption or foster care must conclude within 12 months of the birth or placement.  In addition, spouses employed by the same employer are jointly entitled to a combined leave of 12 workweeks of family leave for the birth or placement of a child for adoption or foster care, and to care for a parent who has a serious health condition.

 

Eligible employees may take FMLA leave intermittently (for example, in blocks of time or by reducing a work schedule) in certain circumstances.  If FMLA leave is to care for a child after the birth or placement for adoption or foster care, employees may take their FMLA leave intermittently only with the Company's permission.  If the FMLA leave is because of the employee's serious illness or to care for a seriously ill family member, the employee may take the leave intermittently if it is medically necessary.

 

Notice and Certification

 

Employees who want to take FMLA leave ordinarily must provide the Company at least 30 days notice of the need for leave, if the need for leave is foreseeable.  If the employee's need is not foreseeable, the employee should give as much notice as is practicable.  When leave is needed to care for an immediate family member or for the employee's own illness and is for planned medical treatment, the employee must try to schedule treatment so as not to disrupt the employer's operations unduly.

 

In addition, employees who need leave for their own or a family member's serious health condition must provide medical certification of the serious health condition.  The Company also may require a second or third opinion (at the Company's expense), periodic recertification of the serious health condition, and, when the leave is a result of the employee's own serious heath condition, a fitness for duty report to return to work.  The Company may deny leave to employees who do not provide proper advance leave notice or medical certification.

 

Benefits During a FMLA Leave

 

Employees taking leave under the FMLA are entitled to receive health benefits during the leave at the same level and terms of coverage as if they had been working throughout the leave.  If applicable, arrangements will be made for employees to pay their share of health insurance premiums while on leave.  In some instances, the Company may recover premiums it paid to maintain health coverage for an employee who fails to return to work from FMLA leave.

 

The employee's use of FMLA leave will not result in the loss of any employment benefit that accrued prior to the start of the employee's leave.  However, the employee must first use any accrued paid vacation, personal, and sick days during a FMLA leave for the employee's own serious health condition or for a seriously ill family member.  In addition, the employee must use any accrued paid vacation or personal days (but not sick days) during FMLA leave to care for a newborn or newly placed child.

 

Job Restoration after FMLA Leave

 

The Company must reinstate an employee returning from FMLA leave to the same or equivalent position with equivalent pay, benefits, and other employment terms and conditions.  However, an employee on FMLA leave does not have any greater right to reinstatement or to other benefits and conditions of employment than if the employee had been continuously employed during the FMLA leave period.

 

Certain highly compensated key employees also may be denied reinstatement when necessary to prevent "substantial and grievous economic injury" to the Company's operations.  A "key" employee is a salaried eligible employee who is among the highest paid ten percent of employees within 75 miles of the work‑site.  Employees will be notified of their status as a key employee, when applicable, after they request FMLA leave.

 

Unlawful Acts

 

It is illegal for the Company to interfere with, restrain, or deny the exercise of any right provided by the FMLA, or to discharge or discriminate against any person for opposing any practice made unlawful by the FMLA or for being involved in any proceeding under or relating to the FMLA.

 

Enforcement

 

The U.S. Department of Labor is authorized to investigate and resolve employee complaints of violations of the FMLA.  An eligible employee may also bring a civil action against the employer for violations.

 

Other Provisions

 

The FMLA does not affect any federal or state law prohibiting discrimination or supersede any state or local law or collective bargaining agreement, which provides greater family or medical leave rights.

 

Salaried executive, administrative, and professional employees of the Company who meet the Fair Labor Standards Act ("FLSA") criteria for exemption from minimum wage and overtime do not lose their FLSA-exempt status by using any unpaid FMLA leave.  This special exception to the "salary basis" requirements for the FLSA's exemptions extends only to eligible employees' use of leave required by the FMLA.

 

Further Information

 

For more information, employees may contact the Personnel Department or the nearest office of the U.S. Department of Labor's Wage and Hour Division.

 

 

Section 6

 

 

BENEFITS POLICIES

 

600: DISCLOSURE OF BENEFITS

 

 

Policy:

 

It is the policy of the Company to provide its employees with various Company benefits.  Information and summary communications intended to explain the benefit plans will be furnished to all plan participants on a timely and continuing basis.  The Company reserves the right to modify, amend, or terminate its benefits as they apply to all current, former, and retired employees.  The Administrator of each benefit plan has the discretionary authority to determine eligibility for benefits and to interpret the plan's terms.

 

Comment:

 

1. The Company offers certain benefits to eligible employees, which currently includes health, dental, life, and disability insurance, non-reimbursed medical, and a 401k retirement plan.  Eligibility will depend upon the specific requirements of each benefit plan.  The Company also provides a number of other benefits such as leave, paid vacation, and holidays.

 

2. All benefits provided by the Company are described in official documents, which are kept on file in the Personnel Department.  These documents are available for examination by any plan participant.  In addition, these documents are the only official and binding materials concerning the Company's welfare and pension benefits.  All summaries and communications, both written and verbal, must refer to them as binding in cases of questions or disputes.

 

3.      The Personnel Manager serves as Administrator of the Company's 401k pension plan.  The Administrator is responsible for all communications and disclosures concerning Company benefits and for compliance with all applicable laws and regulations.  In addition, the Administrator is available to answer questions concerning the benefit plans.

 

4. Under certain of the Company's insurance and retirement plans, each employee may be required to designate a beneficiary for the employee's death benefits.  The designation must be made in writing and in a form acceptable to the Administrator.  It is the employee's responsibility to maintain the proper beneficiary designations and to alert the Administrator to any changes in status affecting eligibility and/or designations.

 

601: EDUCATIONAL ASSISTANCE

 

 

Policy:

 

It is the policy of the Company to provide educational assistance to its employees in accordance with the guidelines established below.

 

Comment:

 

1. In order to qualify for educational assistance, employees must have regular full-time status and at least one year of service.

 

2. Eligible employees may be reimbursed only for courses of study, which the Company determines are directly related to the employee's present job or which will enhance the employee's potential for advancement to a position within the Company and to which the individual has a reasonable expectation of advancing.  In addition, courses or programs must be offered by accredited institutions in order to be eligible for reimbursement.

 

3. Employees who want educational assistance must obtain approval from the Personnel Department before enrollment.  Such approval will not be granted without a positive recommendation by the employee's supervisor.  Supervisors must obtain funding for the assistance before making a positive recommendation.

 

4. The Personnel Department and supervisors normally are to consider the following factors in evaluating requests for educational assistance:

 

a.      The nature and purpose of the course study;

b.      The benefits to be derived by the employee and the Company;

c.      The employee's level of responsibility;

d.      The estimated cost; and

e.      Any potential lost time or productivity while the employee participates in the program.

 

5. Employee reimbursement for eligible educational assistance will normally receive 50% for a grade of a "B" or above.  The Company allocates money to the Educational Assistance Programs on an annual basis.  In the event that in a given semester fewer than the anticipated number of employees participates in the program the management may increase for that semester the Company's reimbursement percentage.  No reimbursement will be made for a grade lower than a "B".  Employees receiving reimbursement from any outside sources, such as the Veterans Administration or scholarships, may use the above formula but the Company's portion may not make the total exceed 100% of the reimbursable cost.

 

6. Employees seeking reimbursement for educational expenses must submit to the Personnel Department a certified transcript of their grades and receipts for the expenses incurred.  The Company will then reimburse to the employee the applicable percentage of the cost of tuition, textbooks, registration, and laboratory and library fees.  However, employees who take courses at the specific request or direction of management may be reimbursed for all costs in advance.

 

7. Employees who are terminated during enrollment because of a reduction in force or job elimination, or who are unable to complete an approved course because of transfer within the Company, will be reimbursed for the full amount of the costs incurred up to the date of termination or transfer.  Employees who, prior to completing an approved course, voluntarily leave the Company or are terminated for reasons other than those listed above will not be reimbursed for the expenses associated with the course.

 

8. Employees seeking reimbursement for educational expenses must agree in writing to repay the Company in full if they leave the Company voluntarily or are terminated within one year from the date of reimbursement. 

 

9. Employees are expected, under normal circumstances, to schedule class attendance and the completion of study assignments outside of their regular working hours.  It is expected that educational activities will not interfere with the employee's work, and unsatisfactory job performance during enrollment may result in forfeiture of educational assistance and termination of employment.

 

10.  Records of all educational programs completed by each employee will be maintained by the Personnel Department.

 

602: EMPLOYEE COUNSELING

 

 

Policy:

 

It is the policy of the Company to assist employees with counseling and referral services which will help in solving personal problems, both on and off the job, and in career planning.

 

Comment:

 

1. Employees experiencing personal problems are encouraged to seek assistance from their supervisor or from the Personnel Department.  Personal difficulties such as marital, family, emotional, stress, interpersonal, medical, financial, and legal problems, plus alcohol and drug abuse, can adversely affect job performance.

 

2. Supervisors should be alert to detect the existence of personal problems affecting their employees.  Indications of personal problems include excessive absenteeism, changes in both behavior patterns and employee attitudes, and substandard job performance.

 

3. Supervisors, where appropriate, should try to communicate with employees who seem to be experiencing problems.  Depending on the circumstances, the supervisor should proceed as follows:

 

a.      If an employee's problem seems to require professional counseling, or does not lend itself to an easy solution, the supervisor should refer the employee to the Personnel Department.  The Personnel Department's staff will discuss the problem with the employee and refer him to such counseling services as deemed appropriate.

b.      If the employee's problem is an unresolved complaint or grievance, the supervisor should advise the employee of the appropriate steps to be taken in compliance with the Grievance Procedure. 

 

4. Employees needing extended treatment should request a sick leave of absence in accordance with the Company's leave policy.

 

5. The Personnel Department will, to the degree that its resources permit, provide counseling and reference information for employees seeking guidance on education and career planning, relocation, out-placement, and retirement planning.

 

6.      Employees are responsible for their job performance.  Performance appraisals are to be based on factors related to job performance, regardless of whether an employee seeks counseling.

 

7. Communications between employees, supervisors, the Personnel Department, and professional counselors or agencies as a result of this policy are to be kept strictly confidential, except to the degree necessary to protect the safety of the employee and/or others or to protect the security of Company property.