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Table of Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1 HR Policies: Exhibit A in Many Employment Claims . . . . . . . . . . . . . . . . . . . . . . . . . .1 Tip 1: Be Aware (and Beware) of State Laws . . . . . . . . . . . . . . . . . . . . . . . .2 Antidiscrimination Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 Leaves of Absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 Wage-Hour Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 Follow the Checklistand Check Again . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 Tip 2: Make a Policy, Not a Contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 What the Courts Say . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 Include a Disclaimer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 Beware of the Supervisors Manual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 How to Maintain an Employment-at-Will Relationship . . . . . . . . . . . . . . . . . . . . . . . .5 How to Avoid Legalese . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 Tip 3: Train Supervisors and Employees Policy Training for Legal Compliance . . . . . . . . . . . . . . . . . . . . . . . . . .7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
Additional Training Your Company Should Provide . . . . . . . . . . . . . . . . . . . . . . . . .10 Training New Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 Training Managers and Supervisors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 Tips for Policy Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 Tip 4: Coordinate Your Policy Manual with Other Existing Manuals . . . .12 Employee Handbooks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 The Purpose of the Policy Manual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 Tip 5: Keep Your Manual Up to Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 How to Keep It All Straight . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 Policy Audits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 Appendix . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 Policy Topic Checklist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 Sample Policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21
Introduction
Most policies are a natural outgrowth of the decision-making process. A manager confronting a situation or problem for the first time surveys the facts and makes a decision or issues an order that he or she feels is appropriate. While this decision may not present any problems in the short run, it could lead to complications later on. A similar situation arises later, but under slightly or quite different circumstances. The manager who must make the decision this time around has to revise the original to fit these changed circumstances. After a period of time, you have many supervisors and managers making totally different decisions in the same area while believing that they are adhering to company policy. Most policies arise, therefore, out of past practicesgood or bad, fair or unfair. Even in companies where a policy manual does exist, these past practices can continue to influence managerial decisions. In other words, they cant be ignored. The best policies: N Develop out of the best decisions of the past. N Incorporate the careful thought, good judgment, and valuable experience of all the managers who have been confronted with problems or decisions in a particular policy area. N Weed out the irrational, illogical, and unfair decisions that have contributed to unequal treatment. Most important of all, a good policy is a natural outgrowth of the companys management philosophy and overall objectives. It helps management steer the organization in the direction that has been set for it and avoid legal challenges based on policies, written or unwritten.
Antidiscrimination Laws
The federal antidiscrimination laws, Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), and the Uniformed Services Employment and Reemployment Rights Act (USERRA), protect employees in organizations with 15 or more employees (Title VII and ADA), 20 or more employees (ADEA), or regardless of employer size (USERRA). In comparison, most states have established antidiscrimination laws that cover employers with anywhere from one employee (e.g., Alaska, Colorado, and Michigan) to 12 employees (e.g., West Virginia). As a result, employers who are not covered by federal antidiscrimination statutes are often covered under their state laws. Employers covered under state, but not federal antidiscrimination laws are still well served by having an established, written antidiscrimination policy. To see a sample antidiscrimination policy, refer to the Appendix to this report. Protected classes. Under federal antidiscrimination law employees are protected because of sex, race, ethnicity, age, national origin, disability, and service in the armed services. A majority of states have moved to expand the protected classes of employees, adding sexual orientation, and gender identity to the list (e.g., Illinois, Maine, and Washington), as well as use of lawful products (smoking) (e.g., California, Colorado, and Connecticut), genetic discrimination, HIV/AIDs and sickle cell trait testing (e.g., Arizona, Iowa, Kentucky, Maine, and New Mexico, just to name a few). States have also legislated protections for employees based on the employees arrest, conviction, and military records (e.g., California, District of Columbia, and Michigan), and marital status (e.g., Alaska, Illinois, Montana, and Nebraska). Employers in those states must consider the expanded list of employee protections when crafting antidiscrimination policies. Making federal rights broader. Some state legislators have opted to build on existing federal law and broaden the rights granted to employees. For example, a recent trend in the states is to take the federal USERRA, a law granting protection
to employees in the military reserve and the National Guard, and expand those rights. For example, states have elected to expand the amount of time a returning employee has to request reemployment, and the length of time an employee receives protection from discharge after he or she has been reinstated.
Leaves of Absence
To date, 10 states and the District of Columbia have adopted state-specific FMLAtype laws. Those states, California, Connecticut, District of Columbia, Hawaii, Maine, New Jersey, Oregon, Rhode Island,Vermont, Washington, and Wisconsin, have laws that generally follow the federal FMLA, with a few exceptions critical to employers in those states. For example, Connecticut allows for 16 weeks of protected family leave in a 24-month period (versus 12 weeks in a 12-month period under FMLA). In addition, many states have adopted medical leave provisions for organ and bone marrow donation and blood donation (e.g., Arkansas, Connecticut, Illinois, Minnesota, and New York), leave for crime victims (e.g., California, Colorado, and Oregon), and leave for school visitation or other family obligations (e.g., Illinois, California, North Carolina, and Vermont). Familiarity with your states family and medical leave provisions is critical to properly forming leave policies and granting and denying leave requests. To see a sample family leave policy, refer to the Appendix to this report.
Wage-Hour Provisions
The federal Fair Labor Standards Act (FLSA), which regulates hours of work, established minimum wage requirements and overtime requirements, is often supplemented by state laws regarding minimum wage, overtime, and meal or break periods. For example, 17 states and the District of Columbia currently have minimum wage rates that exceed the federal rate of $5.15 per hour. These states minimum wage rates range from $5.70/hour in Wisconsin (until June 1, 2006, when the state rate increases to $6.50/hour) to $7.63 in Washington state. Overtime. Many states have also chosen to diverge from the federal minimum overtime requirements for all hours worked in excess of 40 hours per week. For example, Alaska state law requires overtime for hours worked in excess of 8 hours per day, and Colorado requires that overtime be paid for any hours worked in excess of 12 hours in one day. Some states have legislated overtime requirements for specific industries in which overtime is frequent. For example, in New York, all hours worked by resort employees on the seventh consecutive workday are paid at an overtime rate. To see a sample overtime policy, refer to the Appendix to this report. Meal or Break Periods. The federal FLSA does not regulate meal or break periods. As a result, many states have stepped in and created their own rules governing pay during meals and other breaks. State provisions usually specify the number of hours that an employee must work to qualify for a break. Some states vary the type and length of break, depending on the type of employee or the work being done. For example, in Illinois, adult employees are granted 20 minute breaks, minors get 30 minutes, and hotel attendants get 30 minutes, regardless of age.
Include a Disclaimer
A disclaimer is a statement that, in this case, makes it clear that you do not intend to have the handbook construed as a contract. A clear and conspicuous disclaimer statement may provide a strong defense to many breach of contract charges. The disclaimer should be prominently featured in the handbook and written in large or boldface type.
To be effective, a disclaimer should include the following: N Nothing in the handbook is to be construed as a contract. N Employment is at the will of the employer, and either the employer or the employee may at any time terminate the employment relationship with or without cause. N Written or oral statements made to the employee are not to be interpreted in any way that alters the at-will relationship. N Disciplinary procedures in the handbook are advisory and not binding on the employer. N Disciplinary procedures may be adjusted or modified at the discretion of the employer. N The employer may change any terms or conditions of employment, whether these are stated in the handbook or are established through employment practices. N These terms and conditions may be altered in writing only and signed by specified officers of the organization, e.g., the president. Get signatures. All workers should be asked to sign an acknowledgment that they have received and understand the new handbook and notice, and the acknowledgment should be placed in each employees personnel file.
Tip:
A supervisors policy manual should state clearly that it is meant for supervisors and not for others.
N Discharge. Eliminate statements that you will only fire employees for certain wrongdoing. N Specific references to time. Eliminate references to specific times such as: employees will have an annual review, there will be an annual raise, there will be an annual bonus, and your annual salary will be $_____, and the like. Substitute words such as periodic,as warranted, and as needed. N Policy changes. Prominently and clearly state that you have the right to change any of the provisions in the manual at any time. N Consistency. Make sure that your application forms, handbooks, and everything else comply with your policy of employment at will. However, do not go overboard and intimidate employees. Revising a handbook to add an employment-at-will disclaimer. Employers with handbook provisions that could restrict their right to fire employees at will (and who wish to ensure this right) should consider issuing a new edition with a disclaimer, along with a notice that draws attention to it. The notice should say that employees who choose to continue working for the employer are thereby signaling their acceptance of the new book. It may also be useful to include a statement that says that the revised manual cancels and supersedes any previous policies that may have existed. If the handbook does not already say that an employee has the right to quit without notice, you might provide that in writing in the new handbook.
N Use active verbs as much as possible. N Go through the book to ensure that policies are consistent with each other. (For example, dont say that the president has an open-door policy on one page while saying on another that employees must take all problems to their direct supervisor first.) N Insist that others edit the book for clarity and accuracy. Although we have advised you not to write your policy manual in legalese, this does not mean that you do not consider the legal implications of your policies, or that you do not ask your companys lawyer to review them. In fact, we recommend you do both.
Sexual Harassment
The U.S. Supreme Court has ruled that employers may be held liable for sexual harassment if they did not exercise reasonable care to prevent and promptly correct any such behavior in the workplaceeven if they were not aware of the behavior. The Supreme Courts decision highlights the vital importance of sexual harassment training. In light of increased costs of litigationnot to mention the large sums of money often awarded to plaintiff-employees by juriestraining programs are a relatively small, but absolutely critical investment. Effective sexual harassment training must involve all managers (to the highest level) and supervisors, as well as rank-and-file employees.
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The following list outlines critical information that should be conveyed in your sexual harassment training program. Note that there may be important state law issues that you should also address. In your training program, you should: N Define sexual harassment N Consider the laws that prohibit sexual harassment in the workplace N Give examples of what conduct constitutes sexual harassment N Give examples of what is not sexual harassment N Explain the specific forms of harassment and the terms tangible employment action and hostile environment N Outline who can commit sexual harassment N Explain who can experience sexual harassment N Explain under what conditions sexual harassment can occur N Tell employees who to report to if sexual harassment should occur N Discuss when an employer is liable N Outline the objectives of a workplace sexual harassment policy N Explain everyones role in achieving the policy objectives of the organization N Show how to prevent sexual harassment from occurring N Outline the employees responsibilities N Train employees to use reasonable care to make a good-faith effort to avoid the harm of harassment and promptly utilize internal complaint procedures N Outline the responsibilities managers and employers have to address the harassment N Explain what steps should be taken to ensure a thorough investigation N Explain what to do if an employee does not cooperate with the investigation
Discrimination
Because the affirmative defense for sexual harassment has been extended to other forms of discrimination, it is important to provide training on the various forms of discrimination and the employers policies that prohibit such discrimination. The regulations that apply include: N Age Discrimination in Employment Act N Americans with Disabilities Act (ADA) N Civil Rights Act of 1991 N Civil Rights Act Title VII N Executive Order 11246 N Immigration Reform and Control Act N Jury System Improvement Act of 1978 N National Labor Relations Act (NLRA) N Occupational Safety and Health Act (OSHA) N Older Workers Benefits Protection Act
N Pregnancy Discrimination Act N Rehabilitation Act of 1973 N Uniformed Services Employment and Reemployment Rights Act (USERRA) N Vietnam Era Veterans Readjustment Act of 1974 Discrimination is covered by federal law, state law, and company policy. Key activities most vulnerable to charges of discrimination are hiring, promotion and performance review, dismissal, time off, compensation and benefits, and workplace atmosphere.
Ethics
It takes only one employee, or even an agent of your company, to commit a crime, and your entire company may be held liable. Under the Federal Sentencing Guidelines, with liability your company may face very large fines, a 5-year probationary period, recompense for the victim of the crime, and more. There is good news, though.You can reduce your organizations fines in such instances by showing that you have established an effective compliance and ethics program in your company. To do this, you must train your employees at all levels, and your agents, on ethics. According to the Federal Sentencing Commission, an organization that has an effective compliance and ethics program can reduce its fines for a criminal conviction by as much as 90 percent. The Guidelines distinguish between what training is required of large vs. small organizations, because the resources available to create compliance and ethics programs will vary by the size of the company. Small organizations are required to train their employees with less formality and fewer resources than large companies. For instance, in small companies employees may be trained in informal staff meetings. Monitoring can be accomplished during regular walk-throughs or by continual observation during the general management of the company. In addition, personnel on staff may conduct the training, rather than hiring trainers outside the company. Specific issues that should be covered in ethics training include, but are certainly not limited to, the following: N Holding a second job N Authority of employees to grant discounts to customers N Gifts (there may be a limitation on receiving all gifts or gifts over a certain value) N Whether employees may have personal financial dealings with or invest in companies that supply materials to or buy materials from your company N Office romances N Confidential information N How to use company funds N Privacy policies N Whether employees families may take advantage of employee discounts N Whether employees may use fictitious names while conducting business
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N Employees performing acts of hospitality toward public officials N Bribery N Prohibitions on all illegal activity N Kickbacks N Performing outside work that competes with the company N Insider information N Borrowing or lending money N Recruiting employees to work for another organization not related to the company N Conflicts of interest N Campaign contributions N Investigations of ethics violations N Disciplinary action for ethics violations
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N Emergency procedures, emergency numbers, fire extinguishers and alarms, evacuation routes, and any other emergency information N Starting and ending times for work N Times and lengths of work breaks and meal breaks N Overtime procedures and documentation N Procedures for sick days, personal days, and leaves of absence N Vacation policy, holiday schedules, and procedure for requesting time off
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3. Avoid Surprises
If supervisors have been consulted throughout the process of developing the policy manual, the final product should not contain any surprises. It should be remembered that these individuals, more than anyone else in the company, are responsible for administering company policies and practices, and that without their help and cooperation at every stage of the manuals development, it cannot be expected to achieve the desired goals.
Employee Handbooks
An employee handbook is fairly easy to prepare once a comprehensive policy manual has been developed. It usually presents many of the same policies, primarily those in the areas of employment, hours and attendance, wages, leaves of absence, benefits, company rules and disciplinary procedures, grievance procedures, safety, communications, and employee services and activities, in condensed form, with an emphasis on what the company offers and what it expects in return. The finished product is usually much shorter in length, smaller in size, and simpler in format. New employees are given a copy of the handbook when they first join the company and are encouraged to consult it when the need arises. It is usually unwise to go to the trouble and expense of revamping or preparing a policy manual while ignoring your existing employee handbook. The two publications should be closely coordinated so that conflicts between supervisors and employees do not arise over inconsistencies. The important thing is to keep all policy-related publications up to date and in conformance with each other.
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5 Tips for Creating HR Policies That Will Hold Up in Court
There must be a single, up-to-date, authoritative source of guidance and information to which managers and supervisors can turn not only in situations where the right course of action is unclear, but also in cases where they are tempted to act on memory or instinct. With a policy manual to point the way, or to back up what they feel is a justifiable action or decision, company managers and supervisors will be able to act swiftly, decisively, fairly, legally, and consistently. Employees will know then that they are being protected from personal bias and poor judgment.
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Occupational Safety and Health Administration regulations, privacy issues, medical examinations, group health care, consumer protection legislation, the Internet, telecommuting, and information-disclosure rules. In the absence of a good corporate policy guide, managers and supervisors are likely to make costly mistakes in these and other areas. A policy provides consistency in interpretation and enforcement within an organization. Reinforcing consistency. Another compelling reason for a policy manual is managing and controlling complex operations. Fast-growing organizations, those that have undergone decentralization, and those in which managers of relatively small operating units make decisions that affect the entire organization, are only a few examples of the need for clearly stated and widely understood policies. While it may not be possibleor even desirableto control all management decisions, it is certainly desirable to provide managers with a framework within which they can make their own decisions on important or sensitive issues in a fair and consistent manner.
(for example, the benefits administrator). Ask them what, if any, changes have occurred over the past quarter that may affect the accuracy of the policies contained in the manual. Set up the memo in such a way that you get a prompt and concise reply. Similar memos can be sent to key supervisors and other individuals who contributed material to the original manual. These are usually the people who know whether the policies as written actually reflect day-to-day practices.
Policy Audits
Finally, remember to audit the entire manual as often as changing conditions within and outside the company indicate. During the audit, the reviewer should ask: 1. Is the organization operating in the same way that it did when the original manual was issued? 2. Have any of the policies interfered with managers or supervisors ability to act, to make decisions swiftly and consistently, or to keep operations moving along smoothly? 3. Have supervisors been satisfied with the manuals organization and numbering system? Have they found it easy and practical to use? 4. Have any of the policies had an adverse effect on employee morale or productivity? Note: When it comes to keeping your manual up to date, supervisors are the best available source of information on how present policies are (or are not) working, how they are affecting employee morale and productivity, and how they might be modified to achieve better results in the future.
Conclusion
We hope that you have enjoyed this special report and that you found the information contained in this report useful. BLR strives to provide Human Resources professionals with practical and easy-to-use information on a wide variety of topics. If you would like to see the complete library of publications available through BLR, please visit our website at www.blr.com or call our Customer Service Department at 800-727-5257.
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Appendix
Policy Topic Checklist
Not sure if you have all your bases covered in your policy manual? Take a look at the following checklist of potential topics that can be included in an employers policy manual:
Employment
EEO/Affirmative Action Requisition and Recruitment Interviewing and Selection Internet RecruitingGeneral Internet RecruitingGovernment Contractors Reference and Information Requests Criminal History Records Indemnification of Employer by Employee Indemnification of Employee by Employer Preemployment Physical Examinations Orientation Employee Status/Classification Part-time/Temporary EmployeesIndependent Contractors Internship Probationary/Orientation Period Employment of Relative
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Fraternization Employment of Former Employees Layoffs and Recalls Employment At Will Noncompete Policy Immigration and Employment Access to Personnel Files Job Sharing Promotions Employment and Reemployment of Veterans Disability Accommodation Employment Contracts Moonlighting Contingent Workers Telecommuting
Compensation
Wage and Salary Administration Direct Deposit Merit Increases Overtime Call-in Pay Garnishments Deductions from Pay Loans and Pay Advances Bonus Pay On-Call Pay Suggestion Policies Travel Pay Training Wage Shift Pay
Employee Benefits
Insurance Pension Plans Moving Expenses/Relocation Business Travel Expenses Entertainment Expenses Drug and Alcohol Rehabilitation Child Care/Dependent Care Elder Care Employee Discounts Short-Term Disability Pay Leave Banks Matching Gift Program Automobile Usage
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Employee Cafeteria/Lunchroom Telephone Use Cellular Phones Beepers/Pagers Visitors Bulletin Boards Suggestion Systems-Intranet Parking Drugs and Alcohol Drug-Free Workplace Act Drugs and Alcohol (Department of Defense Regulations) Drug Screening and Inspection Consent Form Supervisor Training About Drug Abuse Violation of Drug/Alcohol Policy and Disciplinary Consequences Fitness for Duty Harassment Sexual Harassment Training Sexual Orientation Grooming Business Casual Privacy Cameras, PDAs, and Video Equipment Employee Lockers Voice Mail Electronic Mail Gambling Extracurricular Activities Off-Duty Conduct Community Involvement Facsimile Software Mail/Mail Handling Workplace Contraband Internet Intranet Instant Messaging Screen Savers
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Communications
Open Door Policy Arbitration and Grievance Procedures Media Relations
Security
Security Rules and Regulations Investigations Government Investigations Violence in the Workplace
Termination
Voluntary vs. Involuntary Terminations Exit Interviews Severance and Separation Pay Unemployment Compensation Retirement
Miscellaneous
Business Ethics Monitoring Telephone Calls Death of an Employee Confidentiality of Information Purchasing English Only Employee Recognition Program Athletics and Recreation Breastfeeding Policy HIPAA Health Information Privacy Policy Duty of Loyalty Reports of Wrongdoing Copyrights Trademarks
Developments/Corporate Opportunities Social Security Numbers Recycling Transfer Resignation Policy Lost and Found Recordkeeping
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5 Tips for Creating HR Policies That Will Hold Up in Court
Sample Policies
The following sample policies are taken from Business & Legal Reports publication, Encyclopedia of Prewritten Personnel Policies and demonstrate many of the tips discussed in this special report.
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of leave until it is provided. The company, at its expense, may require an examination by a second healthcare provider designated by the company, if it reasonably doubts the medical certification you initially provide. If the second healthcare providers opinion conflicts with the original medical certification, the company, at its expense, may require a third, mutually agreeable, healthcare provider to conduct an examination and provide a final and binding opinion. The company may require subsequent medical recertification. Failure to provide requested certification within 15 days, except in extraordinary circumstances, may result in delay of further leave until it is provided. Reporting While on Leave If you take leave because of your own serious health condition or to care for a covered relation, you must contact the company on the first and third Tuesday of each month regarding the status of the condition and your intention to return to work. In addition, you must give notice as soon as is practicable (within 2 business days if feasible) if the dates of the leave change or are extended or were unknown initially. Leave Is Unpaid Family medical leave is unpaid leave (although you may be eligible for short- or long-term disability payments and/or workers compensation benefits under those insurance plans). If you request leave because of birth, adoption, or foster care placement of a child, any accrued paid vacation [personal leave or family leave] first will be substituted for unpaid family/medical leave. If you request leave because of your own serious health condition, or to care for a covered relation with a serious health condition, any accrued paid vacation [personal leave, family or medical/sick leave] first will be substituted for any unpaid family/medical leave. The substitution of paid leave time for unpaid leave time does not extend the 12-week leave period. Further, in no case can the substitution of paid leave time for unpaid leave time result in your receipt of more than 100 percent of your salary. [Employers may elect to make leave paid or unpaid. The bracketed material must be modified depending on whether the company provides paid personal, family, or medical/sick leave and under what circumstances these paid leaves may be used.] Your family/medical leave runs concurrently with other types of leave, i.e., paid vacation. Medical and Other Benefits During an approved family/medical leave, the company will maintain your health benefits as if you continued to be actively employed. If paid leave is substituted for unpaid family/medical leave, the company will deduct your portion of the health plan premium as a regular payroll deduction. If your leave is unpaid, you must pay your portion of the premium through [employers should specify the method they wish to use].Your healthcare coverage will cease if your premium payment is more than 30 days late. If your payment is more than 15 days late, we will send you a letter to this effect. If we do not receive your co-payment within 15 days after the date of this letter, your coverage may cease. If you elect not to return to work for at least 30 calendar days at the end of the leave period, you will be required to reimburse the company for the cost of the premiums paid by the company for maintaining coverage during your unpaid leave, unless you cannot
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5 Tips for Creating HR Policies That Will Hold Up in Court
return to work because of a serious health condition or other circumstances beyond your control. The company must decide what, if any, other benefits will continue to accrue during leave periods.There is no obligation to continue to provide or accrue any benefits other than health care under FMLA. Exemption for Highly Compensated Employees Highly compensated employees (i.e., highest-paid 10 percent of employees at a worksite or within a 75-mile radius of that worksite) may not be returned to their former or equivalent position following a leave, if restoration of employment will cause substantial economic injury to the company. (This fact-specific determination will be made by the company on a case-by-case basis.) The company will notify you if you qualify as a highly compensated employee if the company intends to deny reinstatement, and of your rights in such instances. (This exception is so difficult to satisfy, employers may wish to delete reference to it.) Intermittent and Reduced-Schedule Leave Leave because of a serious health condition may be taken intermittently (in separate blocks of time due to a single health condition) or on a reduced-leave schedule (reducing the usual number of hours you work per workweek or workday) if medically necessary. If leave is unpaid, the company will reduce your salary based on the amount of time actually worked. In addition, while you are on an intermittent or reduced schedule leave, the company may temporarily transfer you to an available alternative position that better accommodates your recurring leave and which has equivalent pay and benefits.
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During your first year of employment, PTO is earned at a rate of one-twelfth of 17 days. Time off may only be used as it is earned, except in the case of illness. After your first employment anniversary, you may schedule PTO at any time during your employment year.You may schedule PTO in whole or half days but not less than a half day. Carryover of Paid Time Off Earned, unused PTO may be carried over into the next year but the number of days carried over may not exceed your entitlement for the current year. Example: Entitlement Carryover
1st Year 2nd Year 3rd Year 4th Year 5th Year 17 17+4 = 21 17+6 = 23 20+13 = 33 20+20 = 40
Used
13 15 10 13 19
Unused
4 6 13 20 21
Actual Carryover
4 6 13 20 20
The number of PTO days carried over from one year to the next may not exceed your entitlement for the current year. Days not used or carried over may be added to your sick day bank and used as days at 100 percent pay (Reserve Sick Days) in lieu of benefits through the Short-Term Disability Plan. (A maximum of 130 Reserve Sick Days may be banked.)
The company does not make payment for unused PTO to employees who are terminated for the violation of company rules and/or regulations, to employees who resign without appropriate notice as described under Voluntary Termination in Staff Handbook/One, or to the beneficiaries of employees who die while employed at the company. (Unused reserve sick days are not paid at termination.) An emergency or unexpected work requirement might cause you to forego scheduled PTO already approved by your supervisor. When such an event means that you cannot carry over PTO to which you would have been entitled if you had taken your scheduled PTO, special arrangements may be made by your department head and should be confirmed in writing. The agreement may provide for PTO to be carried forward or some other arrangement appropriate to the circumstances.
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N Personal long-range commitment Legal appointment Long-range planned project that would be breached at great expense Where personal penalty is involved: court date, defaults of deposits, etc. N Important family function: wedding, etc. On-call time will be counted as hours worked for overtime purposes if the employee is not generally free to use the time to pursue personal interests.
requests for sexual favors; sexual or racial jokes; racial, ethnic, national origin, or disability slurs; and other harassing language or conduct have no place in our business. In addition, physical conduct of a sexual nature will not be tolerated. It is expected that employees will treat one another with mutual respect for their dignity. Harassment of any type by any employee is grounds for immediate termination. Any person who believes he or she may have been discriminated against in violation of these principles or who observes any discrimination in violation of these principles or who needs a reasonable accommodation should discuss the matter with a human resources representative or the branch manager. If for any reason you do not want to discuss the matter with these individuals, you may discuss the matter with ____________, EEO coordinator, or any officer of the company. Managers or supervisors who receive any complaint or concern involving discrimination or observe any discrimination must bring the matter to the attention of the EEO coordinator or the branch manager. That individual will initiate an appropriate investigation. Employees have a responsibility to cooperate in any investigation of unlawful discrimination. All employees are to cooperate fully with the investigation and resolution of all discrimination complaints.
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