PCX Handbook

COMPLAINT AND INVESTIGATION PROCEDURE

In addition to the methods of complaint stated in the main employee handbook, California employees may also report complaints to the federal Equal Employment Opportunity Commission (EEOC) and the California Department of Fair Employment and Housing (DFEH) which also investigate and prosecute complaints of prohibited harassment and retaliation. If you think you are the victim of harassment or retaliation, you may file a complaint with the appropriate agency. Contact information for the EEOC or the California DFEH can be found at www.eeoc.gov and www.dfeh.ca.gov, respectively.  For additional information, the Company has a brochure on sexual harassment which is available to all employees, and the DFEH’s sexual harassment online training courses are available at https://www.dfeh.ca.gov/shpt/.

LACTATION ACCOMMODATION

Any employee who is breastfeeding her child will be provided break time each time the employee has need to express milk. The break time should be taken concurrently with other break periods already provided when possible.  If this time does not run concurrently with normally scheduled rest periods, non-exempt employees will be provided whatever time is needed to express breast milk, but such time will be unpaid.  The Company will also provide the employee with the use of a private room, other than a bathroom which is shielded from view and free from intrusion, in close proximity to the employee’s work area, for the employee to express milk in private. Employees are not required nor expected to use a restroom to express breast milk.

All employees who are lactating have a right to request lactation accommodation for as long as they are lactating.  Employees should notify their immediate supervisor if they are requesting time to express breast milk under this policy.  The request can be verbal or in writing.  The Company will promptly respond to all requests for lactation accommodation.  If an employee believes that her rights to appropriate lactation accommodation have been violated in any way, she is encouraged to bring the complaint to her manager or Human Resources.  Any employee who believes this law has been violated in any way may also file a complaint with the Labor Commissioner.

The Company does reserve the right to deny an employee’s request for a lactation break if the additional break time will seriously disrupt operations.

WAGE DISCLOSURE PROTECTION

The Company will not prohibit you from disclosing your own wages; discussing the wages of others; or inquiring about another’s wages.  Employees will also not be required to sign a waiver or other document that proposes to deny you the right to disclose the amount of your wages.

The Company will not discharge, formally discipline, or otherwise discriminate or retaliate against an employee for disclosing the amount of your wages.

However, employees who have access to or knowledge of the private compensation information of other employees as a part of their role and essential job functions may not disclose that information to individuals who do not otherwise have access to it, unless the disclosure is in response to a formal complaint or charge; part of an investigation, proceeding, hearing, or action, including an investigation conducted by the Company; or consistent with the legal duty of the Company to furnish information.

If an employee believes that they have been discriminated or retaliated against in violation of this policy, they should immediately report their concerns to a manager or Human Resources.

Nothing in this policy will be enforced to interfere with, restrain or coerce, or retaliate against employees regarding their rights under the National Labor Relations Act.

INJURY AND ILLNESS PREVENTION PROGRAM (“IIPP”)

The personal safety of each employee is extremely important.  The prevention of work-related injuries and illnesses is of such importance that it will take precedence over operating productivity whenever necessary.  In keeping with this commitment, and as required by law, the Company has established an Injury and Illness Prevention Program (IIPP).

The Company’s safety program consists of the following:

• Providing mechanical and physical safeguards to the maximum extent possible;
• Conducting periodic safety inspections to find and eliminate unsafe working conditions or practices;
• Training all employees in good safety and health practices;
• Providing necessary personal protective equipment along with instructions for proper use and care;
• Developing and enforcing safety rules, and requiring employees to follow these rules as a condition of employment;
• Investigating promptly and thoroughly, every work-related injury or illness to determine its cause and to correct the problem so that it will not happen again.

The Company’s objective is a safety program that will reduce the number of occupational injuries and illnesses to zero.

In keeping with this program, all Company personnel must attend fire drills, disaster drills, fire classes, and safety trainings as required by the Company.  In the event of natural or manmade disasters or events, all employees must comply with instructions issued either by designated Company employees or emergency officials such as those from police or fire departments.

OVERTIME POLICY

All non-exempt employees who work more than 8 hours in one workday or more than 40 hours in one workweek will receive overtime pay as follows:

Overtime at the rate of 1 and 1/2 times the employee’s regular rate of pay for all hours worked over 40 in any one workweek or for all hours worked over 8 hours in any one workday up to 12 hours.

Overtime at the rate of 1 and 1/2 times the employee’s regular rate of pay for the first 8 hours worked on the seventh day of work in any one workweek.

Overtime at the rate of double the employee’s regular rate of pay for all hours worked over 12 in one workday, and for all hours worked over 8 on the seventh day of work in one workweek.

Only hours actually worked are counted towards calculating an employee’s overtime pay.  Compensated holidays, PTO time, or sick leave, for example, are not hours worked and therefore are not counted in making overtime calculations.

All overtime hours must be preapproved by Company management.  If an employee works overtime without obtaining preapproval, the employee will still be paid for the time worked, but may be subject to discipline, up to and including termination of employment.

MEAL PERIODS

The Company provides an unpaid 30 minute meal period to all non-exempt employees who work more than 5 hours in a day.  Meal periods are duty-free and uninterrupted.  Employees are free to use their meal periods as they wish.  The Company will provide a second unpaid 30 minute meal period to all non-exempt employees who work more than 10 hours in a day (unless the second meal period is waived by mutual written agreement of the Company and employee).  The first meal period must begin no later than the end of the 5^th hour of work, and the second meal period must begin no later than the end of the 10^th hour of work. Meal periods cannot be taken at the beginning or end of a shift to shorten the work day.

Meal periods are provided as follows:

Shift Length	Number of 30 Minute Meal Periods	Timing of 30 Minute Meal Period	Waiver Allowed
5 hours or less	0
More than 5 hours but no more than 6 hours	1	No later than the end of the fifth hour of work	Yes, by mutual agreement
More than 5 hours but no more than 10 hours	1	No later than the end of the fifth hour of work	No
More than 10 hours but no more than 12 hours	2	First meal period no later than the end of the fifth hour of work Second meal period no later than the end of the tenth hour of work	Yes, the second meal period may be waived by mutual agreement if the first meal period was taken and not waived
More than 12 hours but no more than 15 hours	2	First meal period no later than the end of the fifth hour of work Second meal period no later than the end of the tenth hour of work	No

 

Non-exempt employees are required to clock out at the start of their meal period and clock back in when they return to duty. Employees are expected to take their full 30 minute meal period and not perform any work while on their meal period. Employees must ensure they clock in and out accurately. If there are any issues in clocking in and out for a meal period, employees should notify their supervisor.

Employees must notify their supervisor or the Human Resources department immediately if their meal period is interrupted, is taken late because of business reasons, or if they are unable to take a full 30 minutes.  Employees may not skip any meal periods in order to shorten their work day or take their meal periods at the end of their work day.

REST PERIODS

The Company authorizes and permits all non-exempt employees to take rest periods.  Rest periods are based on an employee’s total daily hours worked and will be provided at a rate of 10 minutes net rest time per 4 hours worked or major fraction thereof.  Therefore, the Company will provide rest periods as follows:

Shift Length	Number of 10 Minute Rest Periods
Less than 3.5 hours	0
From 3.5 hours up to 6 hours	1
More than 6 hours up to 10 hours	2
More than 10 hours up to 14 hours	3

 

Rest periods are considered paid time and should be taken in the middle of each work period, to the extent practicable.  Employees may not combine their rest periods with any meal periods and may not skip rest periods so they can leave work early. Employees may use meal periods and rest breaks as they want and may leave the premises for breaks.

Employees that are unable to take at least a 10 minute rest period, or that have their rest period interrupted, must inform their immediate supervisor or the Human Resources department immediately.

Supervisors may not impede or discourage employees from taking their meal or rest periods.

In addition, the Company will not allow any form of retaliation against individuals who report alleged violations of this Policy, or who cooperate in the Company’s investigation of such reports. Any form of retaliation in violation of this Policy will result in disciplinary action, up to and including termination.

VACATION

California employees will be able to earn and accrue vacation up to a maximum accrual of 1.5 times the employee’s annual maximum accrual, and accrued vacation will roll over from year to year until the maximum cap is reached.  Once the maximum cap is reached employees will stop accruing vacation benefits until vacation is used and the employee falls below the maximum cap, at which time the employee will again begin accruing vacation benefits on a per pay period basis.  All accrued and unused vacation will be paid out at termination at the employee’s current base rate of pay.

STATE DISABILITY INSURANCE (SDI)

 

California State Disability Insurance provides employees with certain benefits in the event of illness or injury that is not job-related. By state law, employees are required to pay the cost of this protection through payroll taxes on their earnings.  The Company, also by State law, is required to withhold this tax from everyone’s paycheck. Employees who are covered by SDI plan may receive benefits after the seventh day of disability.  SDI benefit claim forms are available from any office of the California Employment Development Department, and from most doctors and hospitals. This is solely a monetary benefit provided by the state and not a leave of absence. Employees who will be out of work must also request a formal leave of absence. More detailed information is available through the California Employment Development Department (EDD) at 1-800-480-3287, or www.edd.ca.gov, or by contacting the payroll department.

PAID FAMILY LEAVE INCOME REPLACEMENT BENEFITS

An employee who is off work to care for a child, spouse, parent, registered domestic partner, grandparent, grandchild, sibling, or parent-in-law with a serious health condition, or to bond with a new child, may be eligible to receive benefits through the California “Paid Family Leave” income replacement (“PFL”) program, which is administered by the Employment Development Department (“EDD”).

These benefits are financed solely through employee contributions to the PFL program.  That program is solely responsible for determining if an employee is eligible for such benefits.  There generally is a waiting period during which time no PFL benefits are available.  The EDD can provide additional information about any applicable waiting period.

Employees who need to take time off work to care for a child, spouse, parent, registered domestic partner, grandparent, grandchild, sibling, or parent-in-law with a serious health condition or to bond with a new child may contact Human Resources for information about the EDD’s PFL program and how to apply for benefits.  Employees also may contact their local EDD office for further information.  Employees should maintain regular contact with Human Resources while absent from work so we may monitor employees’ return-to-work status.  In addition, employees should contact Human Resources when ready to return to work so we may determine what positions, if any, are open.

When an employee applies for PFL benefits, Human Resources will determine if the employee has any accrued but unused paid time off, other than sick time, available.  If the employee has accrued but unused paid time off, other than sick time, available, then the employee will be required to use up to two (2) weeks of such time before becoming eligible for PFL benefits.

Employees taking time off work to care for a child, spouse, parent, registered domestic partner, grandparent, grandchild, sibling, or parent-in-law with a serious health condition or to bond with a new child are not guaranteed job reinstatement unless they qualify for such reinstatement under federal or California family and medical leave laws.   Any time off for Paid Family Leave purposes will run concurrently with other leaves of absence, such as Family and Medical Leave/California Family Rights Act Leave, if applicable.  Please see the “Family and Medical Leave/California Family Rights Act” policy for eligibility requirements.

PREGNANCY DISABILITY LEAVE

Employees who are disabled by pregnancy, childbirth or related medical conditions are eligible to take a pregnancy disability leave (“PDL”).  If affected by pregnancy or a related medical condition, employees also are eligible to transfer to a less strenuous or hazardous position or to less strenuous or hazardous duties, if such a transfer is medically advisable and can be reasonably accommodated.  Employees disabled by qualifying conditions may also be entitled to other reasonable accommodations where doing so is medically necessary.  In addition, if it is medically advisable to take intermittent leave or work a reduced leave schedule, the Company may require a temporary transfer to an alternative position with equivalent pay and benefits that can better accommodate recurring periods of leave.

Reasons for Leave.  PDL is for any period(s) of actual disability caused by the employee’s pregnancy, childbirth, or related medical condition.  Time off needed for prenatal or postnatal care; doctor-ordered bed rest; gestational diabetes; pregnancy-induced hypertension; preeclampsia; childbirth; postpartum depression; loss or end of pregnancy; or recovery from childbirth or loss or end of pregnancy are all covered by this PDL policy.

Duration of Leave.  An employee is entitled to up to four (4) months of PDL, per pregnancy, while disabled by pregnancy, childbirth or a related medical condition.  PDL does not need to be taken in one continuous period of time, but can be taken on an intermittent basis pursuant to the law.  For purposes of this policy, “four months” means time off for the number of days the employee would normally work within the four calendar months (one-third of a year, or 17.3 weeks or 122 days) following the commencement date of taking a pregnancy disability leave.  For a full time employee who works five (5) 8-hour days per week (forty hours per week), “four months” means 88 working and/or paid 8-hour days (693 hours of leave entitlement), based on an average of 22 working days per month for 17.3 weeks in four months times forty hours per week.  Employees working a part-time schedule will have their PDL calculated on a pro-rata basis.

Employee Notice Requirements.  To receive a reasonable accommodation, obtain a transfer, or take a PDL, employees must provide sufficient notice so the Company can make appropriate plans – thirty (30) days advance notice if the need for the reasonable accommodation, transfer or PDL is foreseeable, or as soon as practicable if the need is an emergency or unforeseeable.

Medical Certification.  Employees are required to obtain a certification from their health care provider regarding their need for pregnancy disability leave or the medical advisability of an accommodation or a transfer.  The certification should include:

1. a description of the requested reasonable accommodation or transfer;
2. a statement describing the medical advisability of the reasonable accommodation or transfer because of pregnancy; and
3. the date on which the need for reasonable accommodation or transfer became or will become medically advisable and the estimated duration of the reasonable accommodation or transfer.

A medical certification indicating disability necessitating a leave is sufficient if it contains:

1. a statement that the employee needs to take pregnancy disability leave because she is disabled by pregnancy, childbirth or a related medical condition;
2. the date on which the employee became disabled because of pregnancy; and
3. the estimated duration of the leave.

Upon request, Human Resources will provide a medical certification form that can be taken to a health care professional.  Employees may be asked to obtain a release to return to work from a health care provider stating that they are able to resume their original job duties with or without a reasonable accommodation.

Leave is Unpaid.  PDL is unpaid by the Company, but employees may use any accrued paid time off as part of PDL before taking the remainder of leave on an unpaid basis.  We require, however, the use of any available sick time during PDL.  The use of any paid leave will not extend the duration of PDL. We encourage employees to contact the EDD regarding eligibility for state disability insurance for the unpaid portion of leave.

Leave Concurrent with Family and Medical Leave.  For employees who are eligible for leave under the federal Family and Medical Leave Act, PDL will also be designated as time off under the Family and Medical Leave Act.  Please refer to the “Family and Medical Leave” policy in this Handbook for additional information.

Continuation of Health Insurance Benefits.  Employees who participate in the Company’s group health insurance plan will continue to participate in the plan while on PDL under the same terms and conditions as if they were working.  Employees should make arrangements with Human Resources  for payment of their share of the insurance premiums.

Return to Work.  The Company will place employees returning from PDL to the position they held prior to taking leave if such position is available.  If the position is not available, the Company may transfer the employee to a comparable position with regards to location, duties, and pay.  However, an employee has no greater right to reinstatement than if she had been continuously employed rather than on leave.  For example, if an employee would have been laid off had she not gone on leave, or if the employee’s job is eliminated during the leave and no equivalent or comparable job is available, then the employee would not be entitled to reinstatement.  Employees who do not return to work on the originally scheduled return date or request in advance an extension of the agreed upon leave with appropriate medical documentation may be deemed to have voluntarily terminated employment with the Company.  Failure to notify the Company of (1) the ability to return to work when it occurs or (2) continued absence from work because leave must extend beyond the maximum time allowed may be deemed a voluntary termination of employment with the Company, unless you are entitled to Family and Medical Leave or other leave pursuant to applicable law.

Taking PDL may impact certain of your benefits and your seniority date.  For more information regarding eligibility for a leave and any potential impact of the leave on seniority and benefits, please contact Human Resources.

Request for Additional Time Off for Baby Bonding.  Any request for baby bonding leave after a disability has ended will be treated as a request for Family and Medical Leave under the California Family Rights Act and/or the federal Family and Medical Leave Act, if eligible for such leave.  Please refer to the “Family and Medical Leave” policy in this Handbook for additional information.  Employees who are not eligible for leave under the CFRA and/or FMLA should still contact Human Resources to determine what, if any, additional leaves are available.

CALIFORNIA FAMILY RIGHTS ACT

Under the California Family Rights Act (“CFRA”), employees with more than 12 months of service with the Company, that have worked at least 1,250 hours in a 12-month period as defined by the Company below, may be eligible for an unpaid family care or medical leave of absence (“CFRA leave”).  Where the leave is covered under both laws, CFRA leave will run concurrently with FMLA leave, however there may be certain instances where CFRA leave is granted in addition to or in lieu of FMLA leave.

For purposes of calculating CFRA leave, the Company measures the 12-month period as follows: a 12 month period starts when the employee first takes leave.

The Company may grant leave up to 12 workweeks in a 12-month period for the birth of a child of the employee or the placement of a child with an employee in connection with the adoption or foster care of the child by the employee, to care for a child, parent, grandparent, grandchild, sibling, spouse, domestic partner or parent-in-law who has a serious health condition, because of an employee’s own serious health condition that makes the employee unable to perform the functions of the position of that employee, except for leave taken for disability on account of pregnancy, childbirth, or related medical conditions, or because of a qualifying exigency related to the covered active duty or call to covered active duty of an employee’s spouse, domestic partner, child, or parent in the Armed Forces of the United States, as specified in Section 3302.2 of the Unemployment Insurance Code.

Any employee taking leave under this policy will be required to use all accrued and available PTO before taking unpaid leave.  Any employee taking time off under this policy because of the employee’s own serious health condition will also be required to take any available paid sick leave before taking unpaid leave. An employee will not be required or permitted to use paid sick leave in connection with the birth, adoption, or foster care of a child, or to care for a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner with a serious health condition, unless mutually agreed to by the Company and the employee.

If the need for a leave is foreseeable, the employee shall provide the employer with reasonable advance notice of the need for the leave.  If the employee’s need for leave is foreseeable due to a planned medical treatment or supervision, the employee must make a reasonable effort to schedule the treatment or supervision to avoid disruption to the operations of the employer, subject to the approval of the health care provider of the individual requiring the treatment or supervision.

An employee taking leave to care for a child, parent, grandparent, grandchild, sibling, spouse, parent-in-law, or domestic partner who has a serious health condition will be required to provide certification issued by the health care provider of the individual requiring care that includes all of the following: the date on which the serious health condition commenced, the probable duration of the condition, an estimate of the amount of time that the health care provider believes the employee needs to care for the individual requiring the care, and a statement that the serious health condition warrants the participation of a family member to provide care during a period of the treatment or supervision of the individual requiring care.

If an employee is taking leave for their own serious health condition, they will be required to provide certification from a health care provider that includes all of the following: the date on which the serious health condition commenced, the probable duration of the condition, and a statement that, due to the serious health condition, the employee is unable to perform the function of the employee’s position.

The Company may require the employee to obtain subsequent recertification regarding the employee’s serious health condition on a reasonable basis if any leave extension is required.

An employee may take intermittent or reduced schedule CFRA leave if certified by a health care provider as medically necessary.  Employees must try and schedule intermittent or reduced schedule CFRA leave to avoid disrupting the Company’s operations.  The Company may transfer employees taking intermittent or reduced schedule leave for planned medical treatments to another position in order to more effectively accommodate the leave.  If a transfer is required, the employee will retain his or her regular pay and benefits.

Any leave taken after paid time-off benefits are exhausted will be unpaid.  An employee will not receive holiday pay, bereavement leave, or jury duty pay during any unpaid portion of CFRA leave.

CFRA leave does not apply to an employee’s temporary disability resulting from pregnancy, childbirth, or related medical conditions.  An employee may be eligible for Pregnancy Disability Leave and/or FMLA leave for such conditions.  Please see the Human Resources department and the applicable handbook section for more information about these leaves.

The Company will continue to provide group health plan coverage for employees on CFRA leave on the same basis as if such leave was not taken.  Employees who fail to pay their portion of the group health premium while on leave may lose coverage.  The Company may seek reimbursement for payments it made for an employee’s health premiums if the employee fails to return to work following the expiration of CFRA leave, unless the employee was unable to do so due to circumstances beyond his or her control.

Employees will retain their status with the Company during leave and the leave shall not constitute a break in service, for purposes of longevity, seniority under any collective bargaining agreement, or any employee benefit plan. An employee returning from leave will return with no less seniority than the employee had when the leave commenced, for purposes of layoff, recall, promotion, job assignment, and seniority-related benefits such as vacation.

Employees returning to work following a CFRA leave will be reinstated to the same or comparable position.

The Company will not refuse to hire, or discharge, fine, suspend, expel, or discriminate against, any individual because of the employee’s exercise of the right to family care and medical leave or the employee’s giving information or testimony as to the individual’s own family care and medical leave, or another person’s family care and medical leave, in any inquiry or proceeding related to rights provided by this section.

For more information, please contact the Human Resources department.

SCHOOL RELATED ACTIVITIES LEAVE

The Company will provide up to 40 hours each year (not to exceed eight hours in any calendar month of the year), of unpaid leave to an employee who is a parent, stepparent, foster parent, grandparent, or a person who stands in loco parentis to one or more children in kindergarten or grades 1 to 12, inclusive, or attending a licensed child care provider, for the purpose of participating in activities of the school or licensed child care provider of any of his or her children, to find, enroll, or reenroll a child in a school or with a licensed child care provider, or to address a child care provider emergency or school emergency.

To be eligible for such leave, the employee must, prior to taking the time off, give reasonable notice to the Company of his or her planned absence.  The employee may use vacation time for this leave.

The Company may request that the employee provide documentation from the school or licensed child care provider as proof that he or she participated in school or licensed child care provider activities on a specific date and at a particular time.

Employees who are the parents or guardians of a child may take time off to appear in school in connection with disciplinary action/suspension by the school. The employee must give reasonable notice before taking time off. The Company will not discriminate against an employee who takes time off to appear at his or her child’s or ward’s school in connection with a suspension from class or school.

Domestic Violence/Sexual Assault/Stalking Leave

An employee who is a victim of domestic violence, stalking, or sexual assault may take unpaid time off to obtain judicial relief (including to seek a restraining or other court order), seek medical attention, obtain services from a domestic violence shelter, program, or rape crisis center , to obtain psychological counseling, or to participate in safety planning related to domestic violence, sexual assault, or stalking, in order to help ensure the health, safety, or welfare of the employee or his or her child.  If you need time off because of domestic violence, stalking, or sexual assault, you should notify management as soon as possible so that arrangements can be made to accommodate your absence.  If advance notice is not possible, you must provide appropriate written certification of the reason for your absence upon your return to work. Employees may elect to use vacation time or paid sick time for this leave. The Company will attempt to reasonably accommodate an employee to address safety as a result of domestic violence, sexual assault, or stalking.

The Company will make reasonable efforts to maintain the confidentiality of any employee requesting time off on account of domestic violence, stalking, or sexual assault.  The Company prohibits retaliation or discrimination against any employee for exercising his or her right to take this leave and/or for his or her status as a victim of domestic violence, sexual assault, or stalking.

PAID SICK LEAVE 

The Company provides employees with 24 hours of paid sick leave upon commencement of employment and at the beginning of each calendar year. Employees may begin using paid sick leave at the 90th day of employment.

Paid sick leave may be used in a minimum increment of two hours.   Employees may use up to 24 hours of paid sick leave in any year.

Paid sick leave may be used for the following reasons:

1. For diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee or an employee’s family member (meaning a child (including biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis, all regardless of age or dependency status); spouse; registered domestic partner; parent (including biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child); grandparent; grandchild; or a sibling); or
2. For an employee who is a victim of domestic violence, sexual assault, or stalking:
3. To obtain or attempt to obtain a temporary restraining order, restraining order, or other injunctive relief;
4. To help ensure the health, safety, or welfare of the victim or the victim’s child;
5. To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking;
6. To obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking;
7. To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking; or
8. To participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation.

Because paid sick leave is frontloaded, it is does not carry over from year to year. Any unused paid sick time will be paid out at the end of the year for each year.

Employees will be notified of their available paid sick leave on each itemized wage statement.

Notice to Human Resources may be given orally or in writing.  If the need for paid sick leave is foreseeable, the employee must provide reasonable advance notification.  If the need for paid sick leave is unforeseeable, the employee must provide notice of the need for the leave as soon as practicable.

Eligible employees will receive payment for paid sick leave, at the same wage as the employee normally earns during regular work hours unless otherwise required by applicable law, by next regular payroll period after the leave was taken.  Use of paid sick leave is not considered hours worked for purposes of calculating overtime.

Accrued but unused paid sick leave under this policy will not be paid at separation.

Retaliation or discrimination against an employee who requests paid sick days or uses paid sick days, or both, is prohibited, and employees may file a complaint with the Labor Commissioner against an employer who retaliates or discriminates against the employee.

Any employee who believes the he/she has been denied paid sick leave for a covered reason should contact Human Resources immediately for an individualized review.

MILITARY SPOUSE LEAVE

An employee whose spouse is a member of the Armed Forces, National Guard, or Reserves who has been deployed during a period of military conflict may be eligible to take up to 10 days of unpaid leave while his or her spouse is on leave from deployment.  In order to be eligible for such leave, the employee must work an average of 20 or more hours per week and must provide the Company with notice of his or her request for leave within two business days of receiving official notice that his or her spouse will be on leave from deployment.  For more information, please contact Human Resources.

DRUG AND ALCOHOL REHABILITATION LEAVE

The Company will reasonably accommodate any employee who wishes to voluntarily enter and participate in an alcohol or drug rehabilitation program, provided that this reasonable accommodation does not impose an undue hardship on the Company.  However, the Company reserves the right to terminate an employee who, because of the employee’s current use of alcohol or drugs, is unable to perform his or her duties or cannot perform the duties in a manner that would not endanger his or her health or safety or the health or safety of others.

The Company will make reasonable efforts to safeguard the privacy of an employee requesting or taking drug and alcohol rehabilitation leave as to the fact that he or she has enrolled in a drug or alcohol rehabilitation program.

Such time off will be without pay, but an employee may use his or her available sick leave.

TIME OFF FOR VICTIMS OF SERIOUS CRIMES OR FAMILY MEMBERS OF VICTIMS OF SERIOUS CRIMES

An employee who is a victim of a felony, or whose spouse, domestic partner, child, step-child, sibling, step-sibling, parent or step-parent is a victim of a felony, may take unpaid time off to attend judicial proceedings relating to the crime.  If you need such time off, you must give management a copy of the notice of the scheduled proceeding.  If advance notice is not possible, you must provide a copy of documentation relating to the judicial proceeding within a reasonable period of time after you return to work.  Employees may elect to use vacation time or paid sick time for this leave.

CALIFORNIA CIVIL AIR PATROL LEAVE

Employees with at least ninety (90) days of service who are a volunteer member of the California Wing of the civilian auxiliary of the U.S. Air Force Civil Air Patrol are eligible for up to ten (10) days of unpaid leave to respond to an emergency operation mission.  Employees may elect to use vacation time for this purpose.

VOLUNTEER CIVIL SERVICE PERSONNEL

No employee shall be disciplined for taking time off to perform emergency duty as a volunteer firefighter, peace officer, or emergency rescue personnel.  You are also eligible for unpaid leave for required training.  If you are an official volunteer firefighter, please alert your immediate supervisor that you may be required to take time off for emergency duty.  Whenever possible, please notify your immediate supervisor when you’ve been called for emergency duty that will prohibit your availability to the Company.

BONE MARROW AND ORGAN DONATION LEAVE

Any employee undergoing an organ donation procedure or treatment related to organ donation may take up to thirty (30) business days of paid leave per calendar year related to the organ donation.  The one-year period is measured from the date the employee’s leave begins and consists of twelve (12) consecutive months.  Up to two weeks of an employee’s accrued but unused vacation time or paid sick time at the time the leave is to be taken will be credited against the thirty (30) days of donor leave available for organ donation.  Employees may elect to take more than two weeks of paid sick time or vacation time. Employees may also take an additional 30 days of unpaid time off for organ donation leave if the additional time off is medically necessary.

Any employee undergoing a bone marrow donation procedure or treatment related to bone marrow donation may take up to five (5) business days of paid leave per calendar year related to the bone marrow donation.  If available at the time of leave for bone marrow donation, the employee’s accrued but unused vacation time or paid sick time will be credited against the five (5) days of bone marrow donation leave.

Donor leave taken will not be counted against an employee’s seniority/length of service and will not affect eligibility for pay increases and other benefits.  Employees who take donor leave, like other protected leaves, will not be retaliated, or otherwise discriminated, against for doing so.

In order to receive a leave of absence for organ or bone marrow donation, the employee must provide written advanced verification to management that the employee is an organ or bone marrow donor and that there is a medical necessity for the donation of the organ or bone marrow.

EMPLOYEE LITERACY EDUCATION ASSISTANCE

The Company will reasonably accommodate and assist any employee who reveals a problem of illiteracy and requests assistance from the Company in enrolling in an adult literacy education program, provided that the reasonable accommodation does not impose an undue hardship on the Company.  For purposes of this policy, Company assistance includes, but is not limited to, providing the employee with the locations of local literacy education programs or arranging for a literacy education provider to visit the jobsite.

The Company will make reasonable efforts to safeguard the privacy of the employee as to the fact that he or she has a problem with illiteracy.  Any leave requested under this policy will be unpaid.

An employee who reveals a problem of illiteracy and who satisfactorily performs his or her work will not be subject to termination of employment because of the disclosure of illiteracy.

VOLUNTEER FIREFIGHTERS, EMERGENCY RESCUE PERSONNEL, AND RESERVE PEACE OFFICERS

An employee who is a volunteer firefighter, emergency rescue personnel or a reserve peace officer may take unpaid time off limited to two (2) weeks in a twelve (12) month period with prior approval from management to perform emergency duty as a volunteer firefighter, a reserve peace officer, or emergency rescue personnel, or to engage in fire or law enforcement training. The employee may also elect to use paid time off (PTO) benefits for this purpose.

 

 

OVERTIME

Non-exempt employees earning less than one and one half times the current hourly minimum wage will receive overtime pay for time worked over 8 hours in a 24-hour period at a rate of one and one-half times the employee’s regular rate of pay.  For all employees who work more than 40 hours in a workweek, time worked in excess of 40 hours will be paid at one and one-half times the employee’s regular rate of pay.  Employees who agree in advance in writing to work four, 10 hour shifts will not be eligible for daily overtime unless they work over 10 hours in a day.

Only hours actually worked are counted towards calculating an employee’s overtime pay.  Compensated holidays, vacation time, or sick leave, for example, are not hours worked and therefore are not counted in making overtime calculations.

All overtime hours must be preapproved by management.  If an employee works overtime without obtaining preapproval, the employee will still be paid for the time worked, but may be subject to discipline, up to and including termination of employment.

MEAL AND REST PERIODS

Employees who work 8 hours continuously shall be entitled to a duty-free, uninterrupted meal period of 30 minutes.  The meal period will be unpaid.  Non-exempt employees must clock in and out for each meal period and notify their supervisor or the Human Resources department immediately if their meal period is interrupted, missed, or if they are unable to take a full 30 minutes.  Employees may not skip any meal periods in order to shorten their work day or take their meal periods at the end of their work day.

The Company authorizes and permits employees to take rest periods, which, insofar as practicable, should be taken in the middle of each work period.  Employees who work at least 3.5 continuous hours or more will receive rest periods at the rate of 10 minutes for each 4 hour period of work, or major fraction thereof, so long as the time worked is continuous.  Rest periods are counted as hours worked and will be paid.

Employees that are unable to take a 10 minute rest period, or that have their rest period interrupted, must inform their immediate supervisor or the Human Resources department immediately.

SCHOOL ACTIVITIES

The Company will grant a parent, guardian, or custodian of a child who is enrolled in a public school leave from his or her place of employment for 4 hours per school year, which must be taken in increments of at least 1 hour, to: (a) attend parent-teacher conferences; (b) attend school-related activities during regular school hours; (c) volunteer or otherwise be involved at the school in which his or her child is enrolled during regular school hours; and (d) attend school-sponsored events.

The leave must be at a time mutually agreed upon by the Company and the employee.  The Company may require an employee: (a) to provide a written request for the leave at least 5 school days before the leave is taken; and (b) to provide documentation that during the time of the leave, the employee attended or was otherwise involved at the school or school-related activity for one of the purposes detailed above.

School activities leave is unpaid.  Employees will not be subject to discipline for absences due to attending school conferences for their children, for taking school activities leave, or for receiving notification of a child’s emergency at work.

PAID LEAVE

Employees in Nevada will be provided 40 hours of paid leave at the beginning of each calendar year and the beginning of employment. Because paid leave is frontloaded each year, it will not accrue or carry over from year to year.

Employees do not need to provide a reason to the Company for taking the accrued leave and may take accrued leave for any reason.  Employees must provide notice to the Company of the need for leave as soon as practicable.  Employees may use paid sick leave in minimum increments of 4 hours.

Employees begin accruing leave at the commencement of employment and may begin using paid leave after 90 days of employment.

Employees will not face any retaliation for using paid sick leave.

Employees will not be paid any accrued and unused paid leave at the separation of employment. If an Employee is rehired within 90 days after separation, any previously unused paid leave will be reinstated, provided the separation was not the result of a voluntary resignation.

Employees will be compensated for paid leave on the same payday as the hours taken are normally paid and at the rate of pay at which the Employee is compensated at the time such leave is taken.

DOMESTIC VIOLENCE LEAVE

Employees who have worked for the Company for at least 90 days and who have been victims of domestic violence, or whose family or household member is a victim of domestic violence (by a person other than the employee seeking leave), may receive unpaid leave of up to 160 hours during a 12-month period for the following reasons related to the act of domestic violence against the employee or employee’s family or household member:

• For the diagnosis, care, or treatment of a health condition;
• To obtain counseling or assistance;
• To participate in any related court proceedings; or
• To establish a safety plan, including but not limited to, any action to increase the safety of the employee or family or household member of the employee from future acts of domestic violence.

Leave taken for the above purposes is generally unpaid, though an employee may use any available accrued vacation, paid sick leave, or other paid time off.  Leave may be taken in a continuous block or intermittently.  The Company may request documentation to support a request for this leave, where appropriate.

The Company will make reasonable accommodations for an employee who is a victim of domestic violence or whose family or household member is a victim of domestic violence, as long as doing so will not create an undue hardship.  Examples of reasonable accommodations include, but are not limited to: a transfer or reassignment, a modified schedule, a new telephone number for work, or any other reasonable accommodation deemed necessary to ensure the safety of the employee, the workplace, the Company, or other employees.

Employees shall not be subject to retaliation for exercising their rights under this policy or for being a victim of domestic violence.

PREGNANT WORKERS’ FAIRNESS ACT

Female employees and applicants will be provided reasonable accommodation for pregnancy, childbirth, or a related medical condition, as long as doing so will not result in an undue hardship to the Company.  Examples of reasonable accommodations include, but are not limited to: modifying equipment or providing different seating, revising break schedules (which may include revising the frequency or duration of breaks), providing space in an area other than a bathroom that may be used for expressing breast milk, providing assistance with manual labor if such labor is incidental to the employee’s primary work duties, authorizing light duty, temporarily transferring the employee to a less strenuous or hazardous position, or restructuring a position or providing a modified work schedule.

Discrimination against employees because of their pregnancy, childbirth, or related medical condition is strictly prohibited.

For more information or to request an accommodation, please contact Human Resources.

CIVIL LEAVE WITH PAY

In most cases, if an employee is required to serve on a jury or as a witness in court or at an administrative hearing (if the employee is not a party to the action), the employee will be given civil leave without pay.

Regarding jury service, an employee summoned to appear for service is required to provide Human Resources a copy of the notice of the employee’s summons at least 3 days before the employee is required to appear.  Once the employee’s service has concluded, the employee is to provide proof of jury service.

An employee summoned for jury service should make arrangements with their supervisor as soon as a summons is received.  An employee summoned for jury service will not be required to work within 8 hours before the time the employee is to appear for jury duty.  In addition, an employee summoned will not be required to work between 5:00 p.m. on the day of service and 3:00 a.m. the day after service for any day service lasts 4 hours or more (including travel time going to and returning from court).  A summoned employee will not be required to use sick leave or vacation time to fulfill their jury service requirements.  An employee is expected to return to work if they are excused from jury duty during regular working hours and there would be no conflict with the work hours provisions set forth herein.

Guns at Work

Employees are prohibited from carrying firearms into the workplace or possessing firearms in Company owned, rented or leased vehicles. Employees who lawfully possess firearms may transport or store the firearm in locked personal vehicles on employer-controlled property. Firearms must be hidden from plain view or within a locked case or container within the vehicle.

VOLUNTEER FIREFIGHTER/EMS LEAVE

An employee who serves as a volunteer firefighter or provider of emergency medical services is permitted unpaid leave when they are absent or late to work in order to respond to an emergency prior to their scheduled shift.  The employee must provide written notification to the Company no later than 30 days after being certified as a volunteer firefighter or volunteer emergency services provider.

The employee must make every effort to notify the Company that (s)he may be late or absent from work due to being dispatched to an emergency.  If notification is not possible, the employee must provide the Company with a written explanation of the absence due to emergency from the chief of the volunteer fire department or director of the EMS services.

Exempt employees may be provided time off with pay when necessary to comply with state and federal wage and hour laws.

VICTIMS OF CRIME LEAVE

The Company will grant reasonable and necessary leave from work, without pay, to employees who are victims of a crime to attend or participate in legal proceedings pertaining to the crime.  Affected employees must give the Company reasonable notice that leave under this policy is required.  Exempt employees may be provided time off with pay when necessary to comply with state and federal wage and hour laws.

FAMILY MILITARY LEAVE 

Eligible employees may take up to ten (10) days or eighty (80) hours of unpaid leave, whichever is less, if the employee is the parent, spouse, or a person who has or had legal custody of a person who is a member of the uniformed services and who is called into active duty in the uniformed services for a period longer than thirty days or is injured, wounded, or hospitalized while serving on active duty in the uniformed services.  For purposes of this policy, “active duty” shall mean full-time duty in the active military service of the United States or active duty pursuant to an executive order of the President of the United States, an act of the Congress of the United States, or a proclamation of the Governor. “Active duty” does not include active duty for training, initial active duty for training, or the period of time for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the person to perform any duty unless such period is contemporaneous with an active duty period.

Eligible employees include those that have worked for the Company for at least twelve (12) consecutive months and for at least 1,250 hours in the twelve (12) months preceding the commencement of the leave.

Employees must provide the Company with advance notice of the need for leave as follows:

• at least fourteen (14) days advance notice if the leave is being taken because of a call to active duty;
• at least two (2) days advance notice if the leave is being taken because of an injury, wound, or hospitalization.

If an employee receives notice from a representative of the uniformed services that the injury, wound, or hospitalization is of a critical or life-threatening nature, the employee may take leave without providing advance notice to the Company.

For leave related to active duty, the leave must be taken in the two (2) weeks prior to, or one (1) week after, the deployment date of the employee’s spouse, child, ward, or former ward.  The Company may require the employee to provide certification from the appropriate military authority to verify the need for leave.

Employee must use any available paid leave (other than for sickness and disability) prior to using Family Military Leave.  The Company will maintain the employee’s eligibility for health benefits during the Family Military leave provided the employee continues to pay their portion of the cost of the benefits.  Upon return from Family Military Leave, employees will be restored to the same or equivalent position with like seniority, benefits, pay and other terms and conditions of employment.

Please contact Human Resources if you have any questions.

ACCESS TO PERSONNEL FILES

Upon request, you may inspect your own personnel file once each year.  Inspections will be held on Company premises in the presence of a Company official.  Contact HR to arrange a time to view these records.  You will be permitted to review the records in your personnel file related to your qualification for employment, compensation and disciplinary action.  You are not permitted access to any letter of reference maintained by the Company.  If you disagree with the accuracy of any statement  in the records and no correction can be agreed upon, you may submit an explanatory statement, which will be attached to the records.

You may request to inspect or receive a copy of your compensation records.  For purposes of this policy, “compensation records” includes your name, address, occupation, pay rate, hours worked for each day (non-exempt employees only), and each amount paid.  We will provide these records to you without charge.  Likewise, we will provide your records to a person acting on your behalf if you provide us with a signed, written statement authorizing us to release specific information to the designated person.

In addition, employees may request a copy of their medical records maintained by the Company upon payment of reasonable copy costs.

For more information, contact Human Resources.

LACTATION ACCOMMODATION

The Company is a “mother-friendly” workplace and will provide employees with a reasonable amount of break time to accommodate the need to express breast milk for the employee’s infant child.  Lactation breaks should run concurrently with any meal or rest breaks.  If additional time is needed, the employee may take reasonable unpaid breaks for lactation purposes.  Employees will be relieved of all work-related duties during any unpaid break.  Where additional breaks are required, employees should work with their supervisor or manager regarding scheduling and reporting the extra break time.  Exempt employees do not need to report any reasonable break time because they receive their full salary. 

The Company will provide employees with the use of a room or a private area, other than a bathroom or toilet stall, that is shielded from view and free from intrusion from co-workers and the public.  The Company will make a reasonable effort to identify a location within close proximity to the work area for the employee to express milk.  This location may be the employee’s private office, if applicable.

The Company will otherwise treat lactation as a pregnancy-related medical condition and address lactation-related needs in the same manner that it addresses other non-incapacitating medical conditions, including requested time off for medical appointments, requested changes in schedules, and other requested accommodations.

Employees should contact Human Resources during their pregnancy or prior to their return to work to identify the need for a lactation area.  Where feasible, that space will be dedicated for the specific use of expressing milk by lactating mothers.  Where dedicated space is not feasible, the Company will provide a mixed-use space where lactating mothers will have priority over all other users of the space.  Access to a safe water source and a sink within a reasonable distance from the lactation space will be provided.  Employees may store their expressed milk in their own personal coolers with an ice pack or in the shared break room refrigerator space, if available.  For any questions, please contact Human Resources

WEAPONS IN THE WORKPLACE

In the interest of maintaining a safe workplace, the Company generally prohibits bringing or using firearms and other weapons on Company’s property, regardless of whether or not the person is licensed to carry the weapon.  In addition, in accordance with Section 30.06, Texas Penal Code, a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter Company property with a concealed handgun.  Also, pursuant to Section 30.07, Texas Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Texas Government Code (handgun licensing law), may not enter Company property with a handgun that is carried openly.

For purposes of this policy, “Company property” is defined as all Company-owned or leased buildings and surrounding areas including sidewalks and/or parking lots under the under the Company’s ownership or control, except as noted below.  This policy applies to all Company-owned or leased vehicles.  Dangerous weapons include, but are not limited to, firearms, knives, explosives, and other similar weapons.

Notwithstanding any of the foregoing restrictions, the Company does not prohibit those who lawfully possess firearms or ammunition from storing their firearms or ammunition inside their locked, privately owned vehicles in parking lots or other parking areas provided by the Company.  Such lawfully possessed firearms and ammunition may not be removed from the employees’ personal vehicle or displayed to others.

To the extent that parking lots or other parking areas utilized by employees are not owned by the Company, the owners of such parking lots may have additional rules that impact the storage of firearms and ammunition.  In such situations, employees must comply with the rules of both the Company and the property owner, in keeping with applicable law.

Employees who violate this policy are subject to disciplinary action up to and including termination of employment.  A visitor who violates this policy may be removed from the property and reported to authorities.  This policy does not apply to law enforcement personnel or security personnel who are engaging in official duties.

The Company reserves the right at any time and at its discretion to search all Company owned or leased vehicles and all vehicles, packages, containers, briefcases, purses, lockers, desks, enclosures, and persons entering its property for the purpose of determining whether any weapon has been brought onto its property or premises in violation of this policy.  If employees fail or refuse to promptly permit a search under this policy, they will be subject to disciplinary action up to and including termination.

Employees who have questions regarding this policy should contact their supervisor, manager, or Human Resource

TIME OFF TO APPEAR IN COURT OR ATTEND PROCEEDINGS

Employees may take time off from work for the following reasons:

• To attend juvenile court proceedings when required to do so as the parent or guardian of the juvenile; or
• To comply with a valid subpoena to appear at a civil, criminal, legislative, or administrative proceeding.

Such leave is unpaid except that exempt employees will receive pay when required by applicable federal or state law.  If employees give the Company notice of their intention to return to work after being released from a subpoena or attending a juvenile proceeding, they will usually be returned to the same position.  Reemployment may be denied, however, if the Company’s circumstances have changed making reemployment impossible or unreasonable.

CRIME VICTIMS LEAVE

Employees who are victims of crime, or whose spouse or child is the victim of a crime, will be permitted to leave work to be present at all criminal proceedings relating to the crime against the employee, as long as the employee has provided the employer with a copy of the form provided to the employee by the law-enforcement agency.

PAID SICK LEAVE (NON-SEATTLE EMPLOYEES)

Employees in Washington, outside of Seattle, will be provided 40 hours of paid sick leave at the beginning of each calendar year and the beginning of employment.    

A reconciliation of hours will be conducted by Human Resources throughout the year to make sure Washington employees who work enough hours to accrue more than the original 40 hours receive the appropriate amount of additional leave in their leave banks.

Employees may use sick leave in increments of one-tenth of one hour to cover all or part of a shift.

Sick leave will be accrued and paid at the employees’ normal hourly compensation.

Employees will immediately begin to accrue paid sick leave upon hire, but will be required to wait until the 90th calendar day of employment to use accrued paid sick leave.

Employees will be permitted to carry over 40 hours of accrued paid sick leave to the following year.

Employees may use paid sick leave for any of the following reasons:

• an employee’s illness, injury, or health condition, including diagnosis, treatment, care, and preventive care;
• to care for a family member’s illness, injury, or health condition, including diagnosis, treatment, care, and preventive care;
• when an employee’s place of business or an employee’s child’s school or place of care is closed by a public health official for any health-related reason; or,
• for employee absences for qualified leave under the domestic violence leave act.

For purposes of this policy, “family member” is defined as follows: child or parent (including biological, adopted, foster, step or legal guardian), spouse, registered domestic partner, spouse’s parent, grandparent, grandchild, or sibling.

Any accrued paid sick leave will not be paid out upon termination, no matter the reason for the termination.

If the need for leave is foreseeable, employees must provide at least ten days’ notice, or as early as practicable if ten days’ notice is not possible. For unforeseeable leave, employees must provide notice as soon as possible.  Employees who are absent for more than three consecutive scheduled shifts will be required to provide verification that establishes or confirms that the use of the paid sick leave is for an authorized purpose.  If the employee believes that obtaining the requested documentation would result in an unreasonable burden or expense, the employee may submit a written justification explaining why the employee cannot comply with the verification request.  

Paid sick leave is not considered hours worked for purposes of calculating overtime.  Any unused sick leave will not be paid out at termination.

An employee who is absent from work and who, without notice, fails to communicate with a supervisor about the absence for three (3) consecutive days, is considered to have voluntarily terminated his or her employment.

Employees will not be retaliated against for taking paid leave under this policy.  If you believe that you have been retaliated against, or denied leave requested for a qualifying reason, please immediately report to Human Resources.

LEAVE  FOR DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR STALKING

An employee may take reasonable unpaid  leave from work, intermittent leave, or leave on a reduced leave schedule, to:

Seek legal or law enforcement assistance or remedies to ensure the health and safety of the employee or employee’s family members including, but not limited to, preparing for, or participating in, any civil or criminal legal proceeding related to or derived from domestic violence, sexual assault, or stalking;

Seek treatment by a health care provider for physical or mental injuries caused by domestic violence, sexual assault, or stalking, or to attend to health care treatment for a victim who is the employee’s family member;

Obtain or assist a family member in obtaining services from a domestic violence shelter, rape crisis center, or other social services program for relief from domestic violence, sexual assault, or stalking;

Obtain or assist a family member in obtaining mental health counseling related to domestic violence, sexual assault, or stalking, in which the employee or the employee’s family member was a victim of domestic violence, sexual assault, or stalking; or

Participate in safety planning, temporarily or permanently relocate, or take other actions to increase the safety of the employee or employee’s family members from future domestic violence, sexual assault, or stalking.

For purposes of this policy, “family member” means any individual whose relationship to the employee can be classified as a “child” (meaning a biological, adopted, foster, or step child, or a child of a person standing in local parentis who is under 18 or over 18 and incapable of self-care due to a disability), spouse, parent, parent-in-law, grandparent, or person with whom the employee has a dating relationship.  An employee may elect to use any sick leave or other paid time off for leave pursuant to this policy.

“Intermittent leave” is leave taken in separate blocks of time due to a single qualifying reason.

“Reduced leave schedule” means a leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee.

Employees wishing to take leave pursuant to this policy must give advance notice of 2 days.  When advance notice cannot be given because of an emergency or unforeseeable circumstances due to domestic violence, sexual assault, or stalking, the employee or his or her designee must give notice no later than the end of the first day that the employee takes such leave.

The Company will keep all requests for this leave confidential.  The Company may request documentation verifying the need for this leave as permitted by law.  The Company will not discriminate or retaliate against an employee for requesting to take leave for domestic violence, sexual assault, or stalking.  For more information about this leave, please contact management.

WASHINGTON FAMILY LEAVE ACT

Employees who have been employed for 12 months and have worked at least 1,250 hours will be entitled to up to a total of 12 weeks of unpaid leave in any 12  month period for the birth of a child, the placement of a child for adoption or foster care, to care for a family member with a serious health condition, or because of a serious health condition that makes the employee unable to perform the functions of the job.  Serious health condition means an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential medical care facility, including any period of incapacity; or continuing treatment by a health care provider.

The 12 weeks of family leave is in addition to any leave taken because an employee is temporarily disabled by pregnancy or childbirth.   Where the leave qualifies under both the Washington Family Leave Act and the federal FMLA, the leaves will run concurrently.

WASHINGTON FAMILY CARE ACT

Employees may use any available sick time, vacation time, or paid time off to care for a sick child with a health condition that requires treatment or supervision, including preventive care; a spouse, registered domestic partner, parent, parent-in-law, or grandparent with a serious or emergency health condition; a spouse or registered domestic partner temporarily disabled because of pregnancy or childbirth, and an adult child who cannot care for him or herself due to a disability.

Paid Sick Time and Safe Time (SEATTLE EMPLOYEES)

Employees in Seattle will be provided 40 hours of paid sick leave at the beginning of each calendar year and at the beginning of employment.    

A reconciliation of hours will be conducted by Human Resources throughout the year to make sure Washington employees who work enough hours to accrue more than the original 40 hours receive the appropriate amount of additional leave in their leave banks.

Employees may use sick leave in increments of one-tenth of one hour to cover all or part of a shift.

Sick leave will be accrued and paid at the employees’ normal hourly compensation.

Employees will immediately begin to accrue paid sick leave upon hire, but will be required to wait until the 90th calendar day of employment to use accrued paid sick leave.

Employees will be permitted to carry over 40 hours of accrued paid sick leave to the following year.

Accrued, unused paid sick and safe time is not paid out at termination of employment.

Paid sick and safe time may be used for the following purposes:

1. An absence resulting from an employee’s mental or physical illness, injury, or health condition; to accommodate the employee’s need for medical diagnosis case, or treatment of a mental or physical illness, injury, or health condition; or an employee’s need for preventative medical care;
2. To allow the employee to provide care of a family member with a mental or physical illness, injury, or health condition; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or care of a family member who needs preventative care;
3. When the employee’s place of business has been closed by order of a public official to limit exposure to an infectious agent, biological toxin, or hazardous material;
4. To accommodate the employee’s need to care for a child whose school or place of care has been closed by order of a public official for such a reason;
5. For any of the following reasons related to domestic violence, sexual assault, or stalking:

To enable the employee to seek legal or law enforcement assistance or remedies to ensure the health and safety of the employee or the employee’s family members including, but not limited to, preparing for, or participating in, any civil or criminal legal proceeding related to or derived from domestic violence, sexual assault, or stalking;

To enable the employee to seek treatment by a health care provider for physical or mental injuries caused by domestic violence, sexual assault, or stalking, or to attend to health care treatment for a victim who is the employee’s family member;

To enable the employee to obtain, or assist a family member in obtaining, services from a domestic violence shelter, rape crisis center, or other social services program for relief from domestic violence, sexual    assault, or stalking;

To enable the employee to obtain, or assist a family member in  obtaining, mental health counseling related to an incident of domestic    violence, sexual assault, or stalking, in which the employee or the employee’s family member was a victim of domestic violence, sexual assault, or stalking; or

To enable the employee to participate in safety planning, temporarily or permanently relocate, or take other actions to increase the safety of the employee or employee’s family members from future domestic violence, sexual assault, or stalking.

For purposes of determining eligibility for use of paid sick time, “family member” is defined as follows: child, grandparent, parent, parent-in-law, spouse, or domestic partner.  For purposes of determining eligibility for use of paid safe time, “family or household member” is defined as follows: spouses, domestic partners, former spouses, former domestic partners, persons who have a child in common regardless of whether they have been married or have lived together at any time, adult persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past, persons sixteen years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship, persons sixteen years of age or older with whom a person sixteen years of age or older has or has had a dating relationship, and persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren.

Employees are required to comply with the Company’s usual and customary notice and call-in procedures for absences or for requesting time off as detailed in the Company’s general employee handbook.  If the need to use paid sick or safe time is foreseeable, the Company requires 10 days’ notice of an employee’s intention to use sick or safe time or as soon as is otherwise practicable given the circumstances.  If the need to use paid sick or safe time is foreseeable, employees must make reasonable attempts to schedule the use of their paid sick or safe time in a manner that does not unduly disrupt the Company’s operations.

If an employee’s need to use paid sick or safe time is unforeseeable, the employee must provide notice as soon as practicable, so long as it does not interfere with the employee’s right to leave, and comply with the Company’s general notice or call-in procedures for requesting and/or reporting time off, as detailed in the Company’s general employee handbook.

The Company may require an employee that takes more than three (3) consecutive scheduled workdays of paid sick time to provide verification from a health care provider of the need for the sick time, or certification of the need for safe time leave due to closure ordered by a public official of the employee’s child’s school or childcare establishment or due to domestic violence, sexual assault, or stalking.  If the need for sick or safe leave is foreseeable and projected to last more than three (3) scheduled workdays, the Company may require that verification or certification be provided before the paid sick or safe time commences, or as otherwise practicable. The Company does not require that the verification or certification explain the nature of the illness or details related to the domestic violence, sexual assault, or stalking that necessitates the use of paid sick or safe time.

Employees will not be subject to retaliation for taking paid sick time pursuant to this policy.

MEAL AND REST PERIODS

Employees who work 4  hours are entitled to a paid 10-minute rest period.  The rest period must be taken no later than the end of the third hour of the shift. Employees may not combine their rest periods with any meal periods and may not skip rest periods so that they can leave work early.  Employees who are unable to take a 10 minute rest period, or who have their rest period interrupted, must inform their immediate supervisor or the Human Resources department immediately.

Employees who work more than 5 consecutive hours are entitled to a 30 minute meal period during which they will be relieved of all duty.  The meal period shall be taken between the third and fifth hours of work. The meal period will be unpaid unless the Company requires the employee to remain on duty on premises or at the worksite during the meal period, in which case the meal period shall be paid.  Employees who work 3 or more hours beyond their regular workday are entitled to an additional 30 minute meal break before or during their overtime hours. The second meal period must be taken within five hours from the end of the first meal period.

Employees must clock in and out for each meal period and must notify their supervisor or the Human Resources department immediately if their meal period is interrupted, is taken late, or if they are unable to take a full 30 minutes.  Employees may not skip any meal periods in order to shorten their work day or take their meal periods at the end of their work day.

PAID FAMILY AND MEDICAL LEAVE INSURANCE

Beginning January 1, 2020, family and medical leave insurance is available for eligible employees who take leave for any of the following reasons:

To participate in providing care, including physical or psychological care, for a family member of the employee made necessary by a serious health condition of the family member.

To bond with the employee’s child during the first twelve months after the child’s birth, or the first twelve months after the placement of a child under the age of eighteen with the employee.

Because of any qualifying exigency as permitted under the FMLA for family.

For medical leave for an employee’s own serious health condition.

An employee is eligible if he or she worked at least 820 hours in a “qualifying period,” which is the first 4 quarters of the last 5 completed calendar quarters or, if eligibility is not established, the last 4 completed calendar quarters immediately preceding the application for leave.

Employees may take leave up to the following maximums:

12 weeks of family or medical leave; or

14 weeks of family or medical leave if the employee experiences a pregnancy-related serious health condition resulting in incapacity; or

16 weeks of combined family and medical leave; or

18 weeks of combined family and medical leave if the employee experiences a pregnancy-related serious health condition resulting in incapacity

Employees will have a seven day waiting period for family and medical leave benefits unless the leave is taken for the birth or placement of a child, in which case there is no waiting period.

Employees may receive up to 90 percent of the employee’s average weekly wage, subject to maximums based on the state average weekly wage. These benefits are provided by the state, and not the Company.  The employee must apply for benefits to receive them.

Employees returning from leave are entitled to be returned to the same or an equivalent position. The employee’s previously accrued benefits will remain available to the employee. 

REASONABLE ACCOMMODATION FOR PREGNANCY

The Company will provide reasonable accommodations to employees who are pregnant.  The Company will provide the following accommodations if requested by the employee without the need for certification from a healthcare provider: providing more frequent, longer, or flexible restroom breaks; modifying any applicable no food or drink policy; providing seating or allowing the employee to sit more frequently if her job requires her to stand;  and limiting lifting to 17 pounds or less.

In addition, the Company will provide the following accommodations if they due not cause an undue hardship to the Company, conditioned on the employee providing written certification from a health care provider regarding the need for the accommodation: job restructuring, including a part-time or modified work schedule, job reassignment to a vacant position, or providing or modifying equipment, devices, or an employee’s work station; providing for a temporary transfer to a less strenuous or less hazardous position; providing assistance with manual labor; scheduling flexibility for prenatal visits; and further accommodations that the employee may request.

Employees will not face any adverse action or be denied any employment opportunity for requesting an accommodation.  The Company will not require an employee to take leave if another reasonable accommodation can be made instead.

MILITARY SPOUSE LEAVE

Employees who work an average of at least 20 hours per week and are spouses of military personnel who have received an impending call to active duty during a period of military conflict are eligible to take up to 15 days unpaid leave from work. To be eligible, the military personnel must be a member of the Armed Forces of the United States or the National Guard. An employee who intends to take this leave must provide us with notice of their intention within 5 business days of receiving official notice of an impending call or order to active duty or of a leave from deployment. An employee who takes leave may choose to substitute any accrued sick leave or vacation for any part of the leave. Please contact Human Resources for additional details regarding this unpaid leave.

VOLUNTEER FIREFIGHTER, RESERVE PEACE OFFICER AND CIVIL AIR PATROL PERSONNEL LEAVE

Employees participating as volunteer firefighters, reserve peace officers and Civil Air Patrol members may take unpaid time off or report to work late as necessary to perform their required duties (fire alarm or emergency call). Any employee participating in these roles should alert their manager so that the manager is aware of that the employee may have to take time off.

PAYMENT UPON TERMINATION OF EMPLOYMENT

If the Company involuntarily terminates employment of a Washington associate, the associate will receive their final wages by the end of the established pay period.  If the associate voluntarily resigns, the associate will receive their final wages by the end of the established pay period.