Employee Handbook.docx

Employee Handbook
SAMPLE




Employee Handbook
The following articles contain the employee rules and regulations for all employees employed at _____(name of practice)________________.
Article I. Integration with Existing Policy; Future Modifications
While this handbook supersedes all previous handbooks and all previous oral representations or other unwritten employee policies, it is not intended to be an exhaustive or permanent listing of every procedure or rule that applies to an employee. For instance, each employee should have a written employment agreement containing basic terms of work and exchange, including but not limited to the provisions for mediation and arbitration of disputes, and confidential business information.
In addition, existing written policies and references with aspects affecting relations with employees remain in full force and effect. Moreover, there may be other written policies published from time to time that are applicable to employee procedures and conduct. In the event that an employee's written employment agreement and/or the above specified existing policies conflict with provisions of this handbook or in the event that this handbook is either revised or comes in conflict with a later published policy of the practice, then that employment agreement, existing policy, later handbook revision or later published policy shall control.
Further, with exception of employment at-will status, this practice/business of dentistry reserves the right and opportunity to revise, adapt, cancel, add or otherwise change the contents of this handbook or any other office policy, procedure or rule applicable to employees when, at its sole discretion, determines that experience, applicable law and/or changed circumstances warrant such adjustments. The policy on at-will employment status may never be changed except by a written agreement between an employee and the owner.
Please note that this manual contains some proprietary and confidential information of this practice. It is thus improper for the manual to be disclosed to individuals not employed by the practice.
If you, the employee, have any questions regarding the content or application of this handbook, please contact either Human Resources, the office manager or doctor.
Article II. At-Will Employment Status
Employees are employed on an at-will basis. An employee may end employment with or without a cause and with or without advance notice. Similarly, the office manager or doctor may terminate an employee for a reason or for no reason at all and may terminate with or without any advance notice of the action. Nothing in this handbook, the Employment Agreement or other office policy or references can or may be construed to contradict this status, including, but not


limited to, any agreement between the practice and an employee to mediate or arbitrate any differences that cannot be resolved by direct communication.
Article III. Equal Employment Opportunity
This practice/business is an equal opportunity employer and will not unlawfully discriminate regarding any employee or applicant. All aspects of employment with this practice are on the basis of competence and merit. Thus this practice/business does not improperly discriminate against qualified workers or prospects on the basis of any protected category, i.e., a person’s race, color, national origin, ancestry, citizenship, religion, sex or gender (including gender identity and gender expression), age, pregnancy, marital status, sexual orientation, medical condition or physical or mental disability, genetic information, military service or veteran status or any other classification that is protected by federal, state or local law. This practice/business applies this policy to all employment practices and personnel actions including advertising, personnel recruitment, testing, hiring, promotions, transfers, demotions, layoffs, terminations, pay scales, and other terms and conditions of employment.
Any employee who believes that he, she or another person has been subject to a discriminatory decision or practice must immediately notify the office manager and/or doctor/owner of their concern in a manner consistent with the practice/business Anti- Harassment/Anti-Discrimination Policy.
Article IV. Unlawful Harassment Prohibited
This practice/business is committed to maintaining a work setting free of discrimination. Accordingly, it carries a strict policy against unlawful harassment of any nature based on any of the classifications protected by law, including but not limited to harassment based on gender or sex. A more detailed description is contained below as a summary of the Anti- Harassment/Anti-Discrimination Policy, which is included here:
Section 4.01 Verbal Conduct:
This can include abusive words or phrases, jokes, derogatory or patronizing comments,
negative stereotyping, unwanted statements about an individual's sex, physical features, color, dress or skills and unwanted sexual advances, invitations or comments;
Section 4.02 Visual Conduct:
This can include derogatory or offensive posters, cartoons, drawings or gestures;
Section 4.03 Physical Conduct:
This can include assault, blocking normal movement, or interference with work directed at
an individual because of his/her sex or other protected characteristics;
Section 4.04 Sexual Favoritism:
This can include the common or prevalent granting of employment benefits or advantages
in exchange for sexual favors, regardless of whether the employee(s) granting such favors did so willingly. Such circumstances can create an atmosphere offensive to other employees of either gender and detrimental to workplace production;
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Section 4.05 Threats and Demands:
This can include threats and demands to submit to sexual requests in order to keep one’s
job or avoid some other loss, and offers of job benefits in return for sexual favors; and
Section 4.06 Retaliation:
This includes any adverse employment action for having reported the harassment.
“Adverse employment action” can mean any adverse management decision or evaluation, including but not limited to job or performance evaluation, discipline, promotion, demotion, transfer, layoff, termination, rates of pay, benefits, and/or selection for training.
This practice/business is committed to preventing and prohibiting misconduct on the job, including sexual harassment or any other type of employee harassment from any workplace source, including harassment by co-workers, subordinate employees or supervisors. Any employee found to have acted in violation of the foregoing prohibitions shall be subject to appropriate disciplinary action -- the severity of which shall be in the practice’s/business’ sole discretion -- including warnings, reprimands, suspensions, and/or discharge.
Article V. Reporting Harassment is Required:
An employee who is subjected to, or is a witness to, unlawful harassment should apply his or her best efforts to immediately address and fully resolve the perceived violation of the above policy with the person(s) involved. However, whether or not an employee undertakes such direct communication, he or she must immediately report in writing the individual(s) involved and the specifics of the conduct.
If the employee reporting the harassment reasonably concludes that circumstances prevent him or her from making the report in writing, the information can be relayed immediately by conversation. In this event, the person receiving the report shall immediately place the information in writing for the reporting employee’s review and for appropriate limited distribution.
Moreover, a reporting employee need not make his or her report to any supervisor or other office representative if that reporting worker can demonstrate good cause to believe that the subject person may not be capable of handling the matter objectively, including of course any alleged harasser. However, this does not relieve the reporting employee from immediately reporting unlawful harassment to at least one office supervisor or manager in the practice/business.
Persons to whom a report may be made:
1. Your direct supervisor,
2. Human Resources, or
3. Office Manager, or
4. Owner/doctor.
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Article VI. Bullying Prohibited
In addition to harassment based on a protected classification, this practice/business prohibits acts of bullying. A safe and professional workplace is optimum for employees to achieve high production standards. All employees are expected to demonstrate appropriate behavior, treat others politely and with respect, and refuse to condone workplace bullying.
Bullying is defined as repeated, damaging mistreatment of another employee. Examples of prohibited bullying include, but are not limited to, screaming; cursing; name-calling; acting in a threatening, intimidating or cruel manner; deliberately humiliating another; sabotaging deserved advancement; and misappropriating another’s work credit. Employees who engage in such acts may be subject to appropriate discipline, up to and including termination.
Article VII. Employee Qualifications
This practice/business is committed to soliciting, recruiting, hiring and maintaining a competent, trained and motivated work force. In order to accomplish long-term expansion and even greater service to customers and community, the standards of employee skill, competence and teamwork are and shall remain among the highest in the field. In addition to the technical knowledge, experience and competence required of many practice/office positions, employees are required to possess personal aptitude to solving problems, high intelligence, perseverance and orderliness, responsibility, drive toward and satisfaction at the attainment of goals, calmness and endurance under stressful conditions, consistency and predictability in the regular attendance to duty, individual initiative as well as participation in group efforts, correct estimation of specific circumstances and an absence of unconstructive or ill-considered criticism, fairness, empathy and appreciation toward fellow workers, and effective communications skills.
Article VIII. Employment Status and Classifications
This practice/business has four classifications of employees. Each of these classes encompasses both exempt and non-exempt workers
Section 8.01 Newly Hired Persons:
All persons are employed conditional on confirmation of the right to work in the United States
under the Immigration Reform and Control Act of 1986. Once a prospect has received a conditional offer to be hired, he/she will be requested to produce required documents that confirm this right to work and to sign the verification form specified in the federal law. If a worker's right to work in the United States cannot be confirmed by the practice/business, the practice/business reserves the right to cancel the employment offer.
Section 8.02 Trial Staff.
Trial Staff are initial, introductory employees. This trial status can continue for up to the
first 90 days of employment. The practice/business reserves the right to extend this period if, in its sole discretion, this appears to be appropriate. Such staff is hired on The practice/business's determination that the prospect appears to fit the qualifications for hiring for an open position.
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At the trial level, new employees become oriented with The practice/business. The purpose of the trial period is to determine if an employment relationship should continue. A trial level staff member is not eligible for any office-offered benefits. During the trial period and during any continuation of employment, the staff member is an at-will employee.
A regular "full-time" employee is one who normally works 40 hours minimum per week and normally works eight hours per day. A regular "part-time" employee is one who normally works less than 40 but more than 20 hours per week.
A regular full-time employee is eligible for benefits, as set forth in this handbook. As with all other classifications of employment, a regular employee works on an at-will basis.
(a) Temporary Staff: Temporary staff is usually those hired for special projects of a short or limited span of time. A temporary employee does not change to any other classification without the written confirmation of Human Resources, even if that worker continues employment beyond the particular project or projects for which he or she has been hired. As with all classifications, temporary staff are at-will employees. They must meet the same requirements as those specified for trial staff above. A temporary employee may not be changed to another status of employment unless approved in writing by the Human Resources. A temporary staff member is not eligible for any employee benefits.
(b) Leased Employees: This practice/business may, on occasion, utilize employees of other organizations on a project-by-project or an indefinite basis. These workers are “leased employees” and are not eligible for any office-sponsored employee benefits. Rather, such leased employees are only eligible for such benefits, if any, offered by the organization that employs them. As with all classifications, leased employees have an at-will relationship with this practice/business as well as with the organization that employs them.
Article IX. Ethical Conduct
All employees must comply with all applicable laws and regulations, to conduct their affairs at the highest possible standard of ethics and to refrain from any appearance of impropriety, both on and away from the premises.
Rebates, Incentives, etc. When an employee purchases anything on behalf of the practice/business any rebates, incentives, gifts, etc. provided by the seller are the property of the practice/business, and are to be turned over to the practice/business for company use.
Article X. Customer Policy
As the practice’s/business’ -- and therefore each office staff member's -- livelihood depends on professional, service-oriented, and courteous relations with our customers, prospective customers, vendors, and other members of the public, an employee's first priority is to give proper attention and excellent service to such persons and organizations.
For example, telephone callers with questions regarding services must be given prompt, smooth service, by routing to the appropriate staff member who can answer the inquiry and by
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that staff member supplying accurate useful data to the caller in a manner that reflects positively on the office. As a further example, staff must promptly answer all mail (including email) communications with return mail that is professionally presented and complete.
The office policy is that the public, including customers and prospective customers, come first. Never create or fall into an argument with such persons. If an employee cannot resolve a difficulty with a patient for example, then it is the employee's responsibility to request supervisor or management assistance to ensure the problem is promptly resolved.
Article XI. Rules and Standards of Conduct
The following are examples of employee actions that are prohibited and will not be condoned. As it would be impossible to anticipate every specific action that could result in a violation, these examples are not exhaustive of the types of conduct that are prohibited. Any actions that injure or threaten to injure the practice/business, employee, or public well-being or safety may also be barred currently or in the future at the practice's/business’ sole discretion:
(a) Placing false information and/or omitting relevant information from office or patient records, including applications for employment, bonuses, or other office benefits.
(b) Disclosing practice or patient confidential information of any kind to one or more unauthorized recipients or otherwise using such confidential information in an unauthorized manner.
(c) Unauthorized possession, acquisition, or removal of property from premises, including but not limited to actions which constitute theft, fraud or embezzlement.
(d) Using equipment, material, time, or information for unauthorized purposes, including personal use.
(e) Abusing, destroying or wasting practice/business property or equipment; including office supplies.
(f) Bringing or carrying weapons, explosives, or other dangerous objects, implements, or substances on premises.
(g) Working under the influence of drugs or alcohol or bringing unauthorized alcohol or drugs into the workplace.
(h) Immoral or indecent conduct.
(i) Violations of safety rules, including the failure to assist or cooperate in any safety inspection or failure to promptly report any hazardous condition.
(j) Absenteeism or tardiness.
(k) Faulty or otherwise inadequate performance on the job.
(l) Dishonesty of any nature with office executives, other staff, vendors, customers or other associates.
(m) Insubordination toward a supervisor or executive, including refusal to perform work as
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directed.
(n) Harassment, intimidation, threats or coercion of executives, other staff, vendors, customers, other associates or members of the public, whether during work hours or not.
(o) Violations of any software agreement or license on which the practice/business is or may be a party.
(p) Failure to resume employment after an approved leave of absence has ended.
(q) Violation of office policy, including but not limited to the policies specified in this handbook.
The listing of these sample offenses does not in any way limit or contradict the at-will employment status of any practice or business workers. Employment at this business is for no definite duration and can be terminated by either the employer or the employee at any time, with or without cause or advance notice.
Article XII. Employee Dress and Personal Appearance
All employees are required to dress in a neat and well-presented manner and to report to work well-groomed, clean and dressed according to the requirements of their position as may be specified by other office policy. Professional and clean attire and appearance will enable the practice to put its “best foot forward” and to create a favorable and lasting impression. In the event an employee fails to meet such standards, he/she will be required to leave the premises to remedy the problem and return to work with proper dress and appearance. Employees will not be compensated for such time required away from work. Some employees may be required to wear uniforms and/or safety equipment or clothing.
As many people are sensitive to fragrances, perfumes and strongly fragranced products are prohibited in the workplace.
Article XIII. Confidentiality
Employees are responsible for maintaining the confidentiality of the private and proprietary information of patients and all office information. In the course of employment, a worker may be provided with such confidential information concerning such things as operations and personnel, private technical data, and lists of suppliers, patients and prospective customers. Such information is intended for limited internal use and distribution among those specific office personnel with a need to know and utilize that data in the best interests of the business. Employees are forbidden to disclose such information to any unauthorized person or entity. Any breach of this policy may not only result in significant discipline against the offending staff member but legal action as well.
Article XIV. Inspections of Employee Work Areas and Personal Property
This practice/business reserves the right to inspect employee work areas, stations, desks, other furniture, lockers, storage areas, other enclosures, cars or other vehicles owned and/or operated by the practice/business, purses, clothing, briefcases and other employee personal
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property, and the contents of such property, for stolen property, alcohol, illegal drugs, weapons, and other hazardous or unsafe materials (prohibited materials). Office inspections will be conducted in the event that the practice/business finds it has a reasonable cause that an employee or employees possess or control such prohibited materials. In any event, prohibited materials that are found in plain view may be taken by The practice/business. “Reasonable cause” means information that would lead a person of reasonable knowledge and judgment to believe that such prohibited materials can be found on a person or in the space to be inspected.
When the practice/business determines there is reasonable cause for such an inspection, it will request permission from the subject employee to conduct that inspection. Employees have no reasonable expectation of privacy at the workplace or in its environs and may not decline to grant such permission for inspection of work areas, stations, desks, other furniture, lockers, storage areas, other enclosures, cars or other vehicles owned and/or operated by the practice/business.
Article XV. Privacy and Use of E-Mail, Voicemail and Computer Systems
The practice/business recognizes and honors the privacy of individual employees. However, there is no employee expectation of privacy for conduct on the job or for the use of office- owned property, including but not limited to the offices’ e-mail, voicemail, laptops, computers, and networks.
While workers may be granted specific access codes to office e-mail, voicemail, and computer systems, this does not mean such communications are confidential. The practice/business may access, monitor, audit or disclose any portion of these systems and their information storage features, including for the purpose of business-related inspections of such systems and the information contained in them, at any time without advance notice. All access codes must be provided to the practice/business and employees are prohibited from using access codes undisclosed and/or unknown to the practice/business. The practice/business may maintain back-up and storage copies of information contained on its e-mail, voicemail, and computer systems and may utilize this information for legal or business-related purposes. Access to and use of any data contained in any office-owned or office-provided electronic resource system or tool, including but not limited to e-mail, voicemail, and Internet access is not private to employees, but belongs to the practice/business.
The practice/business reserves the right to monitor, access, copy and/or disclose the amount and content of all employees’ Internet or e-mail usage from the practice’s/business’s electronic resource system or tools. Specifically, employees have no privacy rights in the use of the practice’s/business’s electronic resource system or tools or in any information accessed or created while utilizing the practice’s/business’s electronic resource system or tools, including use of its resources to access employees’ personal e-mail accounts.
Employees must limit their use of the practice’s/business’s e-mail, voicemail, electronic communications and computers to business-related purposes only and may not use such systems for personal purposes. These personal purposes include, but are not limited to
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personal correspondence, or political causes. Under no circumstances may employees post personal opinions on the Internet using the practice’s/business’s access.
Employees shall not download or install any software into the electronic communications systems without advance written consent from the owner and/or IT Department.
Employees are prohibited from utilizing the practice’s/business/s e-mail, voicemail, and computer systems in a manner that would be harassing, discriminatory, derogatory, distracting, unprofessional or offensive to others, including but not limited to sexually provocative or explicit communications, and racial or religious insults. The practice/business prohibits employees from accessing discriminatory or offensive websites utilizing electronic communications systems.
Employees may not disclose access codes or otherwise grant unauthorized access to other employees or utilize the access codes of other employees to enter or use the practice’s/business’s e-mail, voicemail, and computer systems.
Please note: employees must use portable media devices in strict compliance with this policy and all other applicable policies. Portable media devices include, but are not limited to cell phones, personal digital assistants (PDAs), MP3 players, iPods, and flash drives. Under no circumstances may employees use portable media devices for unauthorized storage or download of the practice’s/business’s information or software.
Article XVI. Social Media Policy
“Social media” for purposes of this section includes all Internet postings, such as postings on social networking sites (e.g. Facebook, MySpace, LinkedIn); blogs and other online journals and web diaries; bulletin boards and chat rooms; micro-blogging (e.g. Twitter), and postings of video or audio on media-sharing websites such as YouTube. Employees must comply with the following whenever their social media activity relates in any way to The practice/business business, employees, customers, vendors or competitors:
(a) When engaging in social media (even if done off business’s premises or while off duty) in which you identify yourself as an office employee or your on-line activity relates to the practice/business in any way, you must adhere to all policies, including but not limited to the Harassment policy, Customer policy, Rules and Standards of Conduct, Media Contact, and Confidentiality policy.
(b) When identifying yourself as a practice employee, clearly state the views or opinions you express in any such posting are yours and do not represent the views of the office, practice/business.
(c) Do not mention names or other personal or contact information regarding any customers, vendors or competitors without prior written approval.
(d) Do not use the office’s practice/business logo, trademarks, other proprietary visual symbols or graphics without prior written approval.
(e) Do not use photographs or videos of the office premises, operations, products, or other 9


internal systems without prior written approval.
(f) Do not link the practice’s website(s) to other sites, including any social media sites without prior written approval.
(g) Managers may not access subordinates’ restricted social media pages, such as by sending or accepting a “friend” request unless there is a valid business reason for doing so, in which case such access should be limited to that necessary to accomplish the relevant business purpose. Any employee may decline, without fear of retaliation, any request from another employee which, if accepted, would permit access to a restricted social media page.
(h) Employees are prohibited from using the practice/business e-mail to register for any social media or use as an identifier when participating in any social medial activity for non- business purposes. Employees may reference The practice/business as their employer, including contact information, on professional networking sites only, such as LinkedIn.
(i) Social media shall not be used to arrange business meetings, communicate with customers, or search for information about current or prospective employees without prior written approval.
(j) Do not write online recommendations, referrals or endorsements for friends and/or associates without prior written approval.
Employees will be held accountable for acts that violate this policy, whether during or after employment. Acts which violate this policy which are not otherwise protected by law may result in disciplinary action up to and including termination of employment, legal action, or criminal prosecution. The practice/business reserves the right to report suspected unlawful conduct to the appropriate authorities.
Article XVII. Reimbursements for Business Expenses
So long as they are pre-approved in writing by an employee's supervisor, the office will repay employees for reasonable business-related expenses, including purchase of supplies or equipment and travel, lodging, and meal expenses incurred on business trips. Salespersons will be reimbursed for sales-related travel as set forth in their individual employment agreements.
Article XVIII. Use of Office Telephones
Personal telephone calls and texts are discouraged during work hours, and should be kept to a minimum. Texting in front of patients, or in hallways, reception or anywhere it can be seen by patients in public view is strictly prohibited. Office telephone facilities are for the conduct of business during work hours. International calls should not be made using office telephones. All international calls should be conducted using Skype.
Software Usage
Employees may not install unlicensed software on any office-owned devices. Employees
may not install any other software without management’s approval. If you are uncertain about whether the office permits the use of a particular software program, please contact the IT
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department or your supervisor before installing it. Employees must immediately alert the IT department and their supervisor of any questionable software programs found on their computer.
Article XIX. Garnishment
In the event that the practice/business is served with an order of a court directing that an employee's wages be garnished, that order must be complied with. Thus a garnishment will reduce an employee's paycheck(s).
Article XX. Reference Checks
While employed by the practice/business, an employee may receive requests for information on current or former The practice/business employees or requests for recommendation or reference letters from former workers. All such requests must be immediately referred to Human Resources for handling and any response. No other employee may respond to such request.
Article XXI. Media Contact
In the event that an employee is approached by any news, publications or broadcast media for information regarding The practice/business, its operations, personnel or any other related actively, that employee is prohibited from supplying any information whatsoever. Only an office representative designated in writing by the owner is authorized to convey office-related information to inquiring media.
Article XXII.Client Requests for Discounts, Replacements; Vendor Solicitations
An employee may receive requests from a customer or patient or others for discounted, free or replacement goods or services. An employee may also directly receive an industry or vendor solicitation for purchase of a service, equipment or products. Such solicitation can be in person or via mail, telephone, e-mail, Internet, or any other channel. For example, a salesperson might approach an employee to sell new telephone services or other services or supplies.
On every such occasion, an employee is prohibited from committing the practice/business to the obligation or liability. Only the owner/doctor is authorized to make such commitments.
If you receive a requests for discounted, free or replacement goods or services, you must promptly inform your supervisor of the situation. Additionally, when faced with a solicitation, you are required to take a message, business card or brochure and inform the vendor that you will relay the message to the appropriate employee.
In the event an employee incurs an obligation or liability on behalf of the office without advance written permission, that employee will be personally responsible for that obligation or liability. This might mean reimbursing the practice/business for the expense or value of the service or product or paying a third party directly.
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Article XXIII. Bulletin Boards
The practice/business reserves the right to maintain all bulletin boards on the premises. These boards are reserved for the posting of legal notices and those otherwise required for the management of the business. Posting of other materials on any such board is prohibited. Any posting must be approved in advance by the Office Manager.
Article XXIV. Employee Solicitation
Employees are prohibited from engaging in solicitation within work premises during work hours. Solicitation, including solicitation and collections for parties, showers (e.g. bridal, baby) or charity, must be limited to non-working areas and non-working time, including meal periods, rest periods, and before or after the work day.
Article XXV. Reporting and Open Door Policy
In the event that you have a problem or confusion regarding job performance, fair treatment under office policy, disputes with other employees or any other work-related concern, you must comply with the following procedures to enable management to identify and solve confirmed difficulties.
First, attempt to resolve the problem by discussing it with your supervisor. If you are unable to resolve the problem with your supervisor, or if your problem directly relates to your supervisor, and you do not feel comfortable discussing it with him/her then you may bring your problem to Human Resources or to in-house counsel.
The following matters should be reported immediately to in-house counsel:
(a) You witness or have good cause to believe that there has been or there is about to be a violation of federal or state law committed;
(b) A health or safety hazard poses a threat to one or more persons;
(c) You witnessed or have good cause to believe that an employee has harassed or discriminated against another worker; or
(d) In the event a complaint involves any supervisor, division head, executive secretary or corporate officer to whom the employee would otherwise report and the employee can demonstrate good cause to believe that the subject person may not be capable of handling the matter objectively.
As specified by California law, The practice/business employees are employed on an at-will basis. That California law provides that employees and employers may terminate their relationship with the other at any time, with or without cause and/or with or without advance notice. Nothing in this open door policy creates or is intended to create an agreement, either express or implied, that changes the at-will employment relationship that has been established between the The practice/business and employees.
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Further, this open door/grievance policy is intended to complement and interlock with the mediation and arbitration procedures specified in the Employment Agreement. In the event that direct communication inherent in these open door procedures cannot resolve a dispute involving an employee and The practice/business, then the mediation and arbitration provisions of the employment agreement apply.
Article XXVI. Time Tracking
All non-exempt employees must record their hours worked on the time clock provided by punching in when they first appear for work -- and when a later shift begins -- and by punching out as soon as each shift ends. A shift may end at the start of any meal period and at the conclusion of the work day. Ten minute breaks are not punched in or out.
While non-exempt employees may be required to work overtime -- for which they will be paid at higher rates as set by federal or state law -- it requires such overtime work to be approved in advance by the employee's supervisor. While overtime which has not been approved will be paid, such unauthorized overtime is a violation of rules and can subject the employee to discipline.
Exempt employees are also required to record their hours using the time clock or timecard. Although Exempt employees are not required to be paid a premium for overtime hours worked, our practice/business is entitled to track the hours that are spent at the office. These hours may be used in the determination of bonuses.
Article XXVII. Work Schedules, Meal and Rest Breaks
Section 27.01 Work Schedule:
Your supervisor will set your normal schedule of hours of work as well as your specific
working hours from day to day or week to week. Any changes to the normal schedule must be approved in writing by your supervisor. Workweek is between 12:01 a.m. each Monday and 12:00 midnight the following Sunday. Weekly employee schedules of work are structured within these times
Section 27.02 Paid Rest Breaks:
Non-exempt employees are entitled to paid rest time based on the total hours worked daily
at the rate of 10 minutes’ net rest time per four hours or major fraction thereof (i.e., more than two hours). However, a rest period need not be authorized for employees whose total daily work time is less than three and one-half hours. Here is a grid illustrating the number of 10 minute rest breaks per total daily hours worked.
Additional rest break(s) may be given under certain circumstances where the total hours worked exceed 14.
Total Hours Worked
Number of 10 Minute Rest Breaks
0 to 3.5 hours
0
3.5+ to 6 hours
1
6+ to 10 hours
2
10+ to 14 hours *
3
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Section 27.03 Meal Breaks:
Non-exempt employees will be relieved of all duties and are free to leave the worksite
during their meal periods. Employees are required to punch in and punch out on time for each allotted meal period. Employees must promptly notify the Personnel Department in writing if they have been denied the opportunity to take a meal or rest break.
Section 27.04 Number and Timing of Meal Breaks:
Our practice/business provides a minimum half-hour unpaid meal period for non-exempt
employees who work at least five hours in a day, and a second half-hour unpaid meal period for non-exempt employees who work at least ten hours in a day.
Non-exempt employees must start their first meal break after no more than five hours of work and their second meal period, if applicable, after no more than 10 hours of work. For example, if an employee begins work at 8:00 a.m. and works an eight hour shift, he/she must start his/her single meal break on or before 12:59 p.m. If an employee begins work at 8:00 a.m. and works a shift of ten hours or more, then he/she would also have to start a second meal break on or before 5:59 p.m.
Section 27.05 Meal Break Waivers:
Employees who work at least five but no more than six hours in a day may voluntarily agree
to waive their meal period for that day if the practice/business agrees to permit such a waiver. Employees who work no more than 12 hours per day may waive the second meal period only if the first meal period was not waived. All such waiver(s) must be in writing.
Section 27.06 Additional Time Off:
If an employee requests additional time off they must request such time off from their
supervisor, who will present the request for approval to Human Resources. A non-exempt employee will not be paid for the time of such absence.
Section 27.07 Work Schedules for Minors:
California law restricts the work hours and work schedules for minor employees under age
18 who have not graduated from high school or who do not have a certificate of proficiency. Please contact the Personnel Department for more information regarding work schedules of minor employees.
Section 27.08 Changes to California Law:
If applicable laws or regulations governing meal and rest break policies are or come into
conflict with any of The practice/business’s policies, then those laws or regulations shall control.
Article XXVIII. Split Shifts
A “split shift” refers to any two separate work periods which are more than one hour apart from each other. Employees working a split shift are paid an additional one hour of pay as a premium. Split shifts may not be scheduled without advance supervisor permission.
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Article XXIX. Overtime Rules
The practice/business can require a non-exempt worker to work overtime. All overtime must be approved in advance by the employee's supervisor. It is the duty of the employee to provide authorization in writing to their supervisor for sign off and turn this in to the payroll department. While, as stated in the time tracking section above, non-exempt worker overtime which has not been approved will be paid, such unauthorized overtime is a violation of The practice/business rules and can subject the employee to discipline.
Unless different rules are adapted for an alternative workweek schedule, overtime is paid to non-exempt employees at one and one-half times the regular per hour rate of pay for an employee's work in excess of 8 hours per day or 40 hours in a single workweek. Under California law, there are also some circumstances in which overtime is paid to such employees at two times the regular rate of pay.
Article XXX. Rates of Compensation and Bonuses
Compensation rates are set and/or revised upward and downward at the sole discretion of the The practice/business based on evaluation of an employee's knowledge and demonstrated ability; and the variety, scope and demands of his/her job responsibilities.
From time to time, the practice/business may in its sole discretion pay bonus compensation to an employee who are determined qualified on the basis of his/her performance and contributions to the practice/business success. All such bonuses are discretionary. Any offer of a guaranteed or goal-conditioned bonus must be authorized and signed by an official office representative.
Article XXXI. Paydays and Deductions Section 31.01 Payday
All Employees are paid each Friday, in arrears.
Section 31.02 Payroll Deductions.
The practice/business is required by law to deduct and withhold the following taxes from
employee compensation:
(a) Federal income tax;
(b) California income tax;
(c) Payroll tax for the Federal Insurance Contributions Act (FICA) (includes Social Security and Medicare);
(d) California disability insurance contributions (SDI); and
(e) State and/or federal income tax liens.
If an employee wishes to change the amount of deductions or marital status to affect state or federal withholding calculations, this must be done by completing and submitting the appropriate form to Human Resources.
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Article XXXII. Personnel Records
Our practice/business maintains a personnel file for each employee in Human Resources. With the exception of reference letters and other limited types of data, the contents of an employee's file are open for that employee's inspection on written request at reasonable and available times and at reasonable intervals between requests. An employee may request and receive a copy of anything in his or her personnel file which he or she has signed.
Employees are required to immediately update the personal information contained in their respective files, including but not limited to change of address, name, number of dependents or the various data on which practice-sponsored benefits may be based, by written notification to the Personnel Director.
Personnel records are normally maintained as confidential with access limited to the employee, The practice/business supervisors, administrators, executives and legal or other professionals associated with or retained by the practice/business. However, there are situations when data contained in these files may be provided to others outside of the office. These include:
(a) In compliance with a subpoena or other court or administrative order;
(b) In a legal or administrative proceeding, including a lawsuit, arbitration or grievance proceeding that includes the employee and/or practice/business as parties;
(c) In a proceeding under the workers' compensation laws;
(d) In the course of administering any office-sponsored benefit plan;
(e) In response to a health care provider request;
(f) In response to a first aid or safety request as needed; and
(g) To a potential employer or another asking for verification of employment so long as (i)
the employee provides practice/business with a written release for disclosure of the information or (ii) the practice/business is only supplying the dates the employment began and/or ceased employment, the employee's most recent job position and the fact that the employee is or has been employed by the practice/business.
Article XXXIII. Privacy of Employee Personal and Medical Information
The practice/business and its employees may not disclose any employee’s private or personal information, including health or medical information, to third parties without management’s advance authorization.
The Genetic Information Non-discrimination Act (GINA) prohibits employers from requesting or requiring genetic information of employees or their family members. In order to comply with this law, the practice/business requests all employees refrain from requesting or providing any genetic information in the workplace or to representatives at any time. “Genetic Information” includes an employee’s family medical history, the results of an individual’s or
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family members’ genetic tests, the fact that an employee or an employee’s family member sought or received genetic services, and any other genetic information.
The Health Insurance Portability and Accountability Act (HIPPA), a federal law, safeguards the privacy of an individual’s and patient’s medical information. Only authorized personnel may have access to private employee medical information and records. Authorized personnel must keep such information private, confidential, and unavailable to others. Non-authorized employees who learn about private medical information concerning a co-worker or any other person who does business with our practice/business must not disclose that information to any other person, except in an emergency situation. Discussing or otherwise divulging another’s medical information, except in emergency circumstances, may result in discipline, up to and including termination of employment.
Article XXXIV. Proficiency and Career Training
Our practice/business may encourage, and in some cases, may request and require any employee to engage in one or more off-premises office-related courses of study, seminars, conventions and other educational opportunities and events. Such activity falls within one of the following programs:
(a) Required Training Program, which involves training that our practice/business requires for that employee’s present and specific office functions, duties and skills; or
(b) Career Advancement Training Program, which involves training the employee chooses in order to learn the functions and duties and/or to acquire the skills of another, usually more advanced, job position or capacity to which that employee may aspire.
To be eligible for either type of training program, an employee should successfully complete his/her preliminary (trial) employment period and have a positive and productive performance record. An employee’s participation in either type of training program requires the advance written approval of Human Resources. Except for training required for an employee to maintain his/her professional license or practice certificate in good standing (discussed further below), the practice/business may cover all reasonable and advance-budgeted expenses relating to all such off-site training, including program tuition, travel, food and as applicable, accommodations.
Any employee engaging in either type of training program shall maintain full and accurate written records of related expenses and provide such documentation promptly and regularly to The practice/business as required in policy and/or as The practice/business requests. In the event an employee expends over his or her allotted budget amount on any particular expense category with the office manager’s advance written approval, he/she shall be responsible for the immediate, full payment of such excess. In the event the practice pays to a third party any portion of an employee’s expenses in excess of the employee’s approved budget amount, that employee shall immediately and fully reimburse the practice/business for that excess.
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Section 34.02 Required Training Programs:
As, for the most part, Required Training Programs are to enable the employee to better
perform at his or her current position in the work place and are thus primarily for the benefit of the practice/business, the employee will usually receive compensation for his or her time spent in such training, including travel to and from the training site. The exception is continuing education required to maintain a government-or industry-mandated professional license or certificate.
The practice/business shall compensate a salaried, exempt-from-overtime employee for his or her Required Training and related travel time at a rate no less than required minimum exempt salary amount under California law, currently $640/week or $128/day. The practice/business shall compensate an hourly, not-exempt-from-overtime employee for his or her Required Training and related travel time at a rate no less than the required minimum hourly wage under California law, currently $8.00.
Any worker engaging in Required Training must accurately record and promptly report to the Director of Personnel at the close of each pay period his or her time spent engaged in such Required Training and related travel. A worker engaging in such Required Training must also add to such reports the compensable time he/she expends in any other productive work in a given pay period. A worker does not and should not record or report as compensable that time he or she expends at meals, leisure and other personal activities during such Required Time.
Whether an employee is overtime-exempt or not, he or she shall not engage in any Required Training and/or related travel for more than eight hours in a day or for more than 40 hours in a workweek without the advance written approval for work over such limits. The practice/business does not compensate an employee for tuition, expenses and time engaged in Required Training (or in related travel) mandated by a state licensing board and/or any other government agency to maintain his or her professional license or other certificate in good standing.
Section 34.03 Career Advancement Training Programs:
As Career Advancement Training Programs are voluntary, involve no production work for
the practice/business, are attended outside regular working hours, and are to enable the
employee to advance from his or her current position in the practice/business to another,
usually higher position and skill, whether in the practice/business or another setting, the
practice/business does not compensate that employee for his or her time spent in such
training, including travel to and from the training site.
If on his/her own initiative an employee attends an independent school, college or independent trade school after hours, the time is not hours worked for the practice/business even if the course is related to his or her job.
Article XXXV. Medical Insurance
The practice/business does not currently offer Medical Insurance coverage.
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Article XXXVI. Dental Insurance
The practice/business offers Dental services at our facilities for employees and their immediate family members. Dental services rendered require only payment of the cost of lab fees for crowns, implants and prosthetic and/or orthodontic materials.
Article XXXVII. Paid Vacations
Trial, trainee, temporary and regular part-time staff are not eligible for vacation pay. The practice/business offers paid vacations and personal holidays to regular full-time employees as follows:
Employees are urged to utilize all earned vacation time in the year after it has accrued. The maximum vacation benefit for which an employee is eligible at any point is one and one-half year's vacation pay at the employee's current yearly accrual rate. Once that maximum has accrued, no further vacation time or benefit will accrue until the employee has used some of the time, reducing the total time available below the current maximum. At such time, the employee resumes accrual of vacation time up to a point where the maximum is again reached. An employee cannot receive pay in lieu of vacation except upon termination of employment.
Vacation may not be taken before it is earned unless advance written permission is obtained from the employee's supervisor.
Vacation scheduling depends on work demands and the vacation and leave requests of other workers. Thus an employee is required to submit his/her written vacation request at least 30 days in advance of the start of the planned vacation. That written request must include how the employee’s job will be covered during his or her vacation by coordination with the employees supervisor. Vacation scheduling depends on advance supervisor approval. In the event of conflicts in requested scheduling, the employee with greater seniority is to be given preference. Employees will receive approved vacation pay in accordance with standard payroll policies.
Article XXXVIII. Holidays
The following paid holidays to full-time regular employees each year are provided as
Length of Service Completed
Vacation Days Earned
Less than one full year of continuous regular full time service
No vacation earned or accrued
From completion of one year continuous regular full time service
5 working days per year, accumulated at 1.25 days every 3 months.
follows:
New Year's Day Memorial Day Independence Day Thanksgiving Day Christmas Day
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Article XXXIX. Sick Leave
Starting July 1, 2016, Company will comply with California’s Healthy Workplaces, Healthy Families Act by providing paid sick leave (Sick Leave Benefit) as follows:
A. Eligible Employees:
B.
C.
Eligible employees include all employees who, on or after July 1, 2016, have worked in California for a total of 30 or more consecutive or non- consecutive days within a year from the commencement of employment. Eligible employees do not include employees covered by certain collective bargaining agreements; employees working for a provider of in-home supportive services (i.e. government funded organizations hiring in-home supportive services for disabled clients); or certain air carrier employees.
Eligible employees can include:
*Exempt and non-exempt employees *Probationary employees
*Full-time employees
*Part-time employees
*Temporary employees
*Per diem employees
*Out-of-state employees (who have worked in California for 30 or more days within a year from beginning of employment)
Qualified Employees:
Eligible employees must also satisfy an 89-day employment period (which works like a probationary period) in order to start taking their Sick Leave Benefit.
Amount and Method of Sick Leave Benefit:
Under California’s paid sick leave law, employers may choose one of the following methods for how employees earn the Sick Leave Benefit: either (1) accrual/carryover, or (2) up-front/advance.
(1) Accrual Method Overview: Under the accrual/carryover method, eligible employees will accrue one hour of paid sick leave for every 30 hours worked beginning at the commencement of employment or July 1, 2016,
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whichever is later. Company can limit the amount of paid sick leave an employee make take in each year of employment to twenty-four (48) hours or six (6) days. Employees can carry over unused sick leave from one year to the next, but Company can cap the amount of such accrued sick leave to nine (9) days or seventy-two (72) hours; or
(2) Up-Front/Advance Method Overview; Under the advance method, sick days do not accrue during the eligibility year or carry over to the following year. Rather, at the beginning of each year Company will reserve forty-eight (48) hours or six (6) days of Sick Leave Benefit in a lump sum for eligible employees to use. Company will reserve forty-eight (48) new paid sick hours or six (6) new paid sick days at the beginning of the following year.
IMPORTANT: COMPANY HAS SELECTED THE UP-FRONT/ADVANCE METHOD (OPTION 2 ABOVE) FOR SOME OR ALL ELIGIBLE EMPLOYEES.
(However, Company reserves the right to later convert to the accrual method with reasonable prior written notice.)
1. Implementation
Company will implement the Advance Method as follows:
A. ReserveDate:
Company will reserve six (6) paid sick days or forty-eight (48) hours for all eligible employees as of July 1, 2016 to use between July 1, 2016 and June 30, 2017. Any unused paid sick leave benefit shall not carryover to the following year. Company will reserve six (6) new paid sick days or forty- eight (48) new hours on July 1, 2017.
B. New Hires:
Under the advance method, new hires commencing employment after July 1, 2016 will likewise receive six (6) days or 48 hours of Sick Leave Benefit immediately upon the start of their employment to use within 12 months of their hire date, although such employees cannot begin using their paid sick time benefit until the start of their 90th day of employment.
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C. Part-Time Employees:
Part-time employees will be allowed to use 48 hours of Sick Leave Benefit in a given year.
D. Re-HiredEmployees:
If an employee separates from Company and Company re-hires him or her within one year from the date of separation, Company shall immediately reinstate any previously set-aside and unused paid sick time benefit. That re-hired employee shall be entitled to use such reinstated paid sick time benefit and to begin receiving further paid sick day benefits in accordance with Company’s then-current paid sick leave policy.
E. Use of Sick Leave Benefit:
Company employees can use Sick Leave Benefit for their own or a family member’s existing health condition (including diagnosis, care or treatment) or for preventative care. “Family member” includes children (of any age), parents, stepparents, legal guardians of employee or the employee’s spouse/registered domestic partner, employee’s spouse or registered domestic partner, and employee’s grandparent/grandchild/sibling.
Sick Leave Benefit may also be used for employees who are victims of domestic violence, sexual assault or stalking to attend court proceedings or seek care, protection or treatment.
F. Advance Notice, No Replacement Requirement:
Company will provide Sick Leave Benefit upon an employee’s verbal or written request. If the need for such paid time off is foreseeable, the employee must provide reasonable advance notice. If not, the employee shall provide notice as soon as possible.
If the employee becomes ill during the workday, he or she must inform his/her supervisor or the personnel department before leaving the place of work.
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Company will not require the employee to search for or find a replacement worker to cover the time during which employee uses any Sick Leave Benefit.
G. MinimumIncrementalUse:
Company has set a reasonable minimum increment for use of Sick Leave Benefit of 1 hour. Thus, an employee must be absent for qualifying reasons for at least that duration for the time away to qualify for paid benefit. For example, if the minimum increment set by Company is one hour, a departure for a doctor’s appointment thirty minutes before the end of the workday would not qualify for the Sick Leave Benefit.
H. PaymentofSickLeaveBenefit:
Company will compensate employee for Sick Leave Benefit at the employee’s hourly wage, to be paid no later than the next payday after employee takes the sick leave. If the employee had variable hourly pay rates, was paid by commission or piece rate, or was a non-exempt salaried employee, then Company will calculate the rate of pay by dividing the employee’s total wages (excluding overtime premium pay) by the employee’s total hours worked in the full pay periods for the prior 90 days of employment.
Company will also provide each employee with written notice that sets forth the amount of available Sick Leave Benefit on either the employee’s itemized wage statement or in a separate document provided each pay period.
Company does not pay employees any unused Sick Leave Benefit at the end of a twelve-month period, calendar year or anniversary year, or in the event of termination, resignation, retirement or other separation from employment for any reason.
I. No Discrimination or Retaliation:
Company will not deny Sick Leave Benefit use or fire, threaten to fire, demote, suspend or otherwise discriminate against an employee for using Sick Leave Benefit or for making a complaint or participating in an investigation relating to such benefits.
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Article XL.
J.
Doctor’s Notes:
Once an employee has fully used all of his/her yearly Sick Leave Benefit, then for any further absences in the same year of three consecutive calendar days or more (excluding weekends if not scheduled to work), Company reserves the right to require an employee to demonstrate the medical necessity for such extended absences by his or her doctor’s written confirmation in order for that employee to resume employment. For such extended absences, the Company may also require a doctor’s written confirmation that an employee is able to return to work (a) without posing a safety or health risk to that employee or other workers; and (b) with the ability to perform the essential functions of his or her position with or without reasonable accommodation.
If the employee is absent due to illness for more than seven calendar days, he or she should apply for California State Disability Insurance (SDI) benefits.
Employee Misuse:
Employees who violate this policy may be found by Company to be absent without authorization for which no pay is owed and/or be grounds for other disciplinary action. For example, if an employee takes Sick Leave Benefit for purposes other than allowed in this policy or otherwise by law or fails to provide reasonable advance notice for foreseeable time off.
Performance Evaluations
K.
Supervisors, executives and/or administrators may review an employee's production and performance record with the employee at least once a year, including times when a revision in pay is being considered by the practice/business. The evaluations are intended to determine the positive and negative aspects of your performance and overall contribution to the aims and operations, to communicate these findings to the employee and establish future targets for performance.
Such evaluations may be circulated and reviewed by supervisors, executives and/or administrators. An employee may review and discuss his/her evaluation with his/her supervisor, providing written comments as the employee deems necessary. An employee may also sign the evaluation to signify having read and discussed it. A copy of an evaluation may be provided to the employee on request.
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A positive evaluation is not an automatic cause for a pay raise nor a promise by the practice/business that employment will continue. The practice’s/business’s conduct of performance evaluations and the outcome of such evaluations are in no way intended to indicate that any employee is hired or continues to work for the practice/business on any basis other than at-will. Regardless of such evaluations and their outcome, both employer and employee remain free to terminate the employment relationship at any time, with or without cause and with or without advance notice.
Article XLI. Attendance and Absence from Work
Maximum production is necessary to keep all departments operating smoothly. It is essential that employee attendance be regular and punctual. It is indeed a significant indicator of an employee's performance on the job.
A work absence is a failure to report as scheduled on the job that is not due to a scheduled vacation, authorized leave, jury duty or witness duty as specified in this handbook. If an employee is sick or injured -- or has an immediate family member who must be cared for -- and thus must be absent from work, he/she is required to call Reception and/or his/her supervisor before work begins. When reporting a lateness or absence, please give the expected time of arrival or return date. If an employee cannot state a return date, then he/she must call his/her supervisor daily within one hour of his/her scheduled start time.
In the event that an employee misses work due to claimed health-related reasons, the practice/business reserves the right to demand prompt delivery of a written statement from a licensed and qualified physician or other health care provider which, while omitting any formal diagnosis or prognosis, verifies the existence of an employee's claimed illness, injury or disability, the starting and ending dates of the difficulty and the substantial risk posed to the health or safety of the employee or others if he/she were to attend work while in that claimed condition. While the practice/business does not normally require such statements for absences that are three working days or less, it reserves the right to demand such a statement in any circumstance where the practice/business in its sole discretion deems necessary.
In the event an employee is absent for three consecutive days of work without notice to
the supervisor and/or office manager without authorization, the practice/business may conclude at the close of business on the third day that the employee has voluntarily quit his/her job.
In the event an employee expects to be absent from the job, he/she must notify his/her supervisor of the absence in writing at least one week in advance (or immediately if discovery is less than seven days from the expected absence) of the absence and gain the supervisor's written authorization for such absence.
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Article XLII. Lateness
Employees are required to be on the premises and ready to start their work at their respective scheduled starting times and following authorized rest and meal periods. Lateness can result in discipline of the employee, including termination. In the event an employee knows he is going to be late for work, all reasonable efforts must be made by the employee to notify his/her supervisor as soon as possible.
Article XLIII. Discipline
Poor or unacceptable performance, violation of policy or other inappropriate conduct by an employee can subject him or her to discipline. The extent and character of the discipline will stem from the severity of the offense and the employee's prior performance and conduct record.
The practice/business has sole discretion on what discipline is appropriate for the circumstances of each instance of conduct. It is not necessary to consider each type of discipline as a gradient or step in a progression that must or should be followed prior to terminating an employee. Any application of discipline is not intended to nor does it establish that so-called "progressive" discipline is a right of any employee or that an employee must be terminated for cause. Indeed, nothing in this discipline policy is intended to supersede or in any way to contradict that all employment is at-will.
Article XLIV. Resignations and Terminations
Regardless of how a worker's employment ends, he/she is required to return all property in his/her possession or control immediately at the close of the employee's last day of work or at any other date of termination. This property includes but is not limited to any and all keys, equipment, tools, hard copy, and computer-stored proprietary information of the practice/business (including passwords to access such information), copies of this handbook, other manuals, and written materials issued or distributed to the employee by the office. If the practice/business finds any violation of this policy to be willful or the result of gross negligence, it shall withhold the cost of any property that has not been returned from the final paycheck and can take further appropriate action to preserve and/or recover the property as it finds necessary.
The practice/business strives to conduct interviews where feasible for all resigning or terminated employees. The interview may include a request of the employee to supply his/her views on work at the practice, including job responsibilities, supervision and benefits. Employees may be requested to sign an acknowledgement that he/she has been provided the final paycheck and that all property has been returned. If the employee owes the practice/business any monies, he/she will be asked in the interview to specify in writing the manner and timing of the repayment.
This interview is also an opportunity for the office representative to provide information on any rights to insured benefit continuation or conversion that the employee may have. Upon
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leaving employment, a worker or his/her dependents may have the right to purchase continuation group insurance coverage under the federal "COBRA" statute or its state counterpart.
Section 44.01 Resignation With Notice:
Employees are requested to give at least two weeks advance written notice of an intended
voluntary resignation. In the event an employee resigns voluntarily by giving written notice to the practice/business, he/she may be requested to submit a letter confirming the resignation and to take part in an exit interview with Human Resources. California law requires that an employee be paid on the last day of work if he/she has given 72 hours or more advance notice.
Section 44.02 Resignation Without Notice:
In the event an employee resigns voluntarily without notice, he/she may be requested to
participate immediately in an exit interview with Human Resource. If it can be done, the employee's supervisor should notify Human Resources in advance to enable the preparation of the termination, including, if feasible, the issuance of the final paycheck. The law requires that an employee who has given no notice of his/her resignation must be paid within 72 hours of the termination.
Section 44.03 Involuntary Terminations:
While the practice/business has the same rights employees do to terminate an
employment relationship with or without cause and with or without advance notice, the practice may, in its sole discretion, proceed to apply any or all of the following if it deems appropriate:
(a) Give the employee a last warning before termination; or
(b) Seek the approval in advance of the office manager and/or owner for a termination, to ensure the matter is conducted in a proper, non-discriminatory manner.
Employees who are involuntarily terminated must be provided their final paycheck on the day of termination.
The practice/business does not have a policy to provide departing employees severance pay in addition to compensation owing the worker for past services rendered to the practice. As such, if the practice/business decides to move up the date of termination to a date earlier than that designated by an employee who is voluntarily resigning, the employee is only entitled to compensation through the last day of actual work for the practice. Further, the practice/business, in its sole discretion, reserves the right to determine that there are exceptions to the no-severance policy and to offer and provide such additional compensation beyond any amount owing the employee by law and on terms and conditions that the practice/business may propose.
Article XLV. Approved Leaves of Absence
Where an employee must take a leave of absence (including any paid vacation), the reason for such leave, its expected length of time, and the projected date that leave will start must be specified. The employee should submit a written request to Human Resources with a copy to
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the employee's supervisor. If the leave is adequately foreseeable, the request should be submitted at least 30 days in advance of the first day of the leave. If this is not possible, then the request should be submitted as early as practicable.
In the event that an employee on an approved leave takes actions that contradict his/her intention to return to work at the practice/business, e.g., beginning or accepting full-time work for another employer, that employee will be deemed to have voluntarily resigned his/her employment. If an employee's leave ends and the employee fails to immediately report for work, that employee will be deemed to have voluntarily resigned his/her employment.
The following unpaid leaves of absence are permitted:
Section 45.01 Family and Medical Leaves (Non-Occupational Disability).
The practice will grant family and medical leaves of absence in accordance with the federal
Family and Medical Leave Act (FMLA) and state law known as the California Family Rights Act (CFRA).
(a) Eligibility: Employees who have worked for a minimum of 12 months and who have worked at least 1250 hours for The practice/business in the 12 months immediately preceding the leave may request and gain family and medical leaves of absence.
(b) Eligible employees can ask for leaves for up to 12 weeks in a 12-month period for one or more of the following reasons:
(i) The birth of the employee’s child, or placement of a child with the employee for adoption or foster care;
(ii) To care for the employee’s spouse, child, or parent who has a serious health condition;
(iii) To care for the employee’s registered domestic partner;
(iv) For a serious health condition, including any related to pregnancy, that makes the employee unable to perform his or her job;
(v) For any “qualifying exigency” (as defined by federal regulation) because the employee is the spouse, son, daughter, or parent of an individual on active military duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation; or
(vi) An employee who is the spouse, son, daughter, parent, or next of kin of a covered service member shall be entitled to a total of 26 workweeks of leave during a 12- month period to care for the service member.
The 12-month period utilized for the calculation of the maximum 12 weeks will be the rolling 12-month period calculated backwards from the date the employee utilizes any such leave time. However, for a qualifying exigency or leave to care for a covered service member, the 12-month period begins on the first day of the leave, regardless of how the 12-month period is calculated for other leaves. Any leave which is provided through this policy or through another policy for any of the purposes specified in this paragraph shall be credited toward the 12 week limit as permitted by federal or state law.
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Section 45.02 Requests for FMLA/CFRA Leave:
For any leave requested on the basis of an employee's claimed serious health condition, the
employee must provide written medical confirmation of the condition, including the expected length of the absence from work. If the employee fails to provide a satisfactory medical confir- mation, the leave may be denied or delayed.
During the leave, the employee may be required to submit status reports from time to time that describe the employee's current condition and the expected return date to work. In the event the employee requires additional time beyond that projected by the original medical confirmation, the employee must present additional confirmation establishing the need for and the new expected duration of the absence.
For employees who go on leaves for a claimed serious health condition, the employee must provide written medical confirmation that he/she is able to return to his position and perform all of the vital aspects of that position or that he/she can perform with reasonable accommodation from the employer.
For employees who go on leaves to care for a sick child, spouse, or parent, the employee must provide a certification from the health care provider stating the date of commencement of the serious health condition, probable duration of the condition, estimated amount of time for care by the health care provider, and confirmation that the serious health condition warrants the participation of the employee.
When both parents are employed by the practice/business, and request simultaneous leave for the birth or placement for adoption or foster care of a child, the practice/business will not grant more than a total of 12 workweeks family/medical leave for this reason.
Leaves taken due to a “qualifying exigency” related to military service must be supported by a certification of its necessity. Leaves taken due to the need to care for a service member shall be supported by a certification by the service member’s health care provider.
Section 45.03 Effect of FMLA/CFRA Leave on Benefits:
For the first 12 work weeks of any approved non-occupational family or medical leaves taken within the relevant 12-month period (or 26 workweeks if the leave is to care for a covered service member), the practice/business will carry on with the practice/business's share of insurance premiums to maintain any group health plan coverage which is in effect for the employee at the time the leave is begun. However, if the coverage is to be maintained during the leave, the employee must also carry on his/her share of the costs of health insurance benefits -- by paying premiums no later than the dates such payments would be due if employee remained actively on the job. In the event that the employee fails to make payments when due, the insurance coverage will be canceled. So long as the employee remains eligible for such insurance coverage, that insurance coverage may be re-established by the employee upon returning to work after the leave if he/she then restarts payments of his/her share of the premiums as required.
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If an employee becomes disabled, he/she should request benefits from state disability insurance. The practice/business will not be paying the employee during a leave of a non- occupational disability. Under applicable law, the practice/business may require the employee use up accrued vacation and holiday time as a term of the leave. Such benefits will be added together so that the employee will not receive over the full amount of his/her regular pay. The amount of paid vacation or holiday time used before disability payments are initiated will not extend the amount of leave to which the employee is entitled.
The employee will not accrue vacation or holiday pay during such a leave.
Section 45.04 Return from FMLA/CFRA Leave:
With the exception of circumstances where the law allows a different outcome, employees
who gain such leaves are guaranteed rehiring and reinstatement in their former position or an equivalent position with equivalent pay, benefits and other employment terms and conditions so long as the total duration of the leave in the applicable 12 month period is not longer than 12 weeks. However, an employee has no greater right to reinstatement than if he or she had not taken the leave. An employee returning from leave of less than four months due to a pregnancy-related disability will be reinstated in accordance with the practice/business’s Pregnancy Disability Leave policy as described below.
Before returning to work from FMLA/CFRA leave taken for the employee’s own serious health condition, the employee may be required by the practice/business (as in the case of all medical leave) to submit a certificate of fitness from the employee’s licensed health care provider confirming that the employee is able to resume his or her regular duties or describing any limitations, with or without reasonable accommodation, that the employee may have in performing the essential functions of his or her job.
For additional information on family and medical leaves, please contact Human Resources.
Section 45.05 Pregnancy Disability Leave
Female employees are entitled to an unpaid leave of absence for time when they are
actually disabled due to pregnancy, childbirth or related medical conditions for up to four months. The practice/business does not require the pregnancy disability leave (PDL) to be taken in a continuous period. The leave of up to four months may be taken as necessary for any and all disabilities relating to each pregnancy of a female employee.
(a) Requests for PDL: An employee who claims eligibility for such a leave must submit a written request for the pregnancy-related leave as soon as the employee determines with a reasonable degree of certainty the expected date the leave will start. The employee must also submit a written confirmation from her doctor of the expected delivery date, the projected length of the employee's absence and the duration of expected disability prior to and following the delivery, assuming that the delivery will be without complications.
If an employee requests a leave of absence after the pregnancy-related disability has ended, that request will be considered under the family care leave provisions above.
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(b) Effect of PDL on Benefits: If an employee acquires a pregnancy-related disability, she should request benefits from state disability insurance. The practice/business will not be paying the employee during a leave for a pregnancy-related disability. However, if the employee chooses, she may utilize any accrued vacation and holiday time while on such a leave. Such benefits utilized will be added together so that the employee will not receive over the full amount of her regular pay.
The employee will not accrue vacation or holiday pay during such a pregnancy-related leave.
The practice/business will carry on with the practice’s/business’s share of insurance premiums to maintain any group health plan coverage which is in effect for the employee at the time the pregnancy disability leave is begun for up to four months. However, if the coverage is to be maintained during the leave, the employee must also carry on her share of the costs of health insurance benefits -- by paying premiums no later than the dates such payments would be due if employee remained actively on the job. In the event that the employee fails to make payments when due, the insurance coverage will be canceled. So long as the employee remains eligible for such insurance coverage, that insurance coverage may be re-established by the employee upon returning to work after the leave if she then restarts payments of her share of the premiums as required.
If the employee fails to return from pregnancy disability leave for reasons unrelated to either continuing disability or a separate protected leave, the practice/business reserves the right to recoup the health insurance premiums it paid to continue her coverage during the pregnancy disability leave.
(c) Return from PDL: In order for an employee to return to the job following pregnancy- related leave, she must deliver a written release from her doctor certifying that she is capable of safely performing all essential aspects of her position or would be able to do so with reasonable accommodation.
(d) On return from a pregnancy-related leave, an employee will be reinstated to her prior position unless:
(i) The position no longer exists due to legitimate business reasons;
(ii) The position could not be maintained unfilled or occupied by a temporary employee without substantial threat to the office’s safe and efficient operations;
(iii) The employee has either directly or indirectly signaled her intention not to return to work for the practice/business;
(iv) The employee is now incapable of performing one or more essential aspects of the position, with or without reasonable accommodation; or
(v) The employee is now unqualified for the job.
In the event the practice/business cannot reinstate the employee to her former position, the company will offer the employee a substantially similar position so long as there is a
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substantially similar position that exists and is available; placing the employee in that position would not be a substantial detriment to safe and efficient operations; and the employee is qualified for the position.
(e) Accommodations for Pregnant or Lactating Employees: In addition to pregnancy disability leave discussed above, the practice/business will attempt to reasonably accommodate the limitations of pregnant employees who continue to work during pregnancy. The practice/business encourages pregnant employees to consult their physicians to determine what, if any, workplace accommodations may be necessary during the term of pregnancy. The practice/business requests employees to promptly notify the practice/business of the need for such accommodation. The practice/business strives to provide pregnant workers with a safe workplace environment, without discrimination based on pregnancy status.
Additionally, the practice/business permits lactating employees to take as many breaks as needed to express breast milk during lactation and will provide such employees with private facilities to do so. Whenever possible, employees should express breast milk during regularly- scheduled break periods.
Section 45.06 Other Temporary Non-Occupational Disability Leaves (not FMLA/CFRA)
(a) If an employee requires a temporary non-occupational disability leave as a reasonable accommodation in connection with a disability not covered under CFRA/FMLA, the practice/business will grant such leave to the extent it can do so without undue hardship in compliance with applicable law. The duration of such leave will be consistent with applicable law, but in no case will it extend past the date on which the employee becomes capable of performing the essential functions of his or her job, with or without reasonable accommodation. Disability leaves will be unpaid, except to the extent the employee elects to use some or all accrued paid vacation time and/or paid sick-leave time.
(b) If a temporary disability leave qualifies as an FMLA/CFRA leave or a PDL, the provisions of those policies will govern the treatment of benefits and reinstatement rights.
(c) In all other circumstances, an employee may elect to continue participation in the practice/business’s benefit plans only at the employee’s own expense (and only to the extent permitted by such plans), and the employee’s right to reinstatement shall be at the discretion of the practice/business, subject to any limitations under applicable law.
Section 45.07 Military Service.
All employees may be granted unpaid leaves of absence to enable their active service or
training in the military, including but not limited to the Reserves and National Guard. The length of permitted absence and an employee's rights to seniority, reinstatement, and other the practice/business benefits upon return may vary according to the nature of the service and accompanying legal requirements. The specifics should be obtained from Human Resources.
Section 45.08 Permitted paid leaves of absence:
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(a) Paid Organ and Bone Marrow Donor Leave. Any employee undergoing an organ donation procedure or related treatment may take up to 30 business days of paid leave in a one-year period. The one-year period is measured from the date the employee’s leave begins and shall consist of 12 consecutive months. The practice/business shall first credit up to two weeks of an employee’s accrued but unused sick leave, PTO or vacation time available prior to taking the leave against the 30 days of organ donor leave.
Any employee undergoing a bone marrow donation procedure or related treatment may take up to five business days of paid leave in a one-year period. The one-year period is measured from the date the employee’s leave begins and shall consist of 12 consecutive months. The practice/business shall first credit up to five days of an employee’s accrued but unused sick leave, PTO or vacation time available at the time of leave against the five days of bone marrow donor leave.
In accordance with California law, the practice/business provides organ/bone marrow donor leave in addition to other paid leave benefits. Organ/bone marrow donor leave is not counted as family and medical leave. Employees must provide the practice/business with written documentation from a doctor stating the employee’s involvement in the organ or bone marrow donation as well as the procedure’s medical necessity. Employees may take organ/bone marrow donation leave intermittently, if necessary. The practice/business will not count such donor leave against an employee’s seniority or length of service and such donor leave will not affect eligibility for pay increases or other the practice/business benefits. The practice/business will not retaliate or otherwise discriminate against employees for taking organ/bone marrow donor leave.
Article XLVI. Other Permitted Time Off
Section 46.01 Jury Duty.
Employees may serve on juries if called. Employees should notify their supervisors and the
Personnel Director in writing as soon as the employee receives notice of such service and should regularly inform their supervisors and the Personnel Director of the continuing status of such jury service and the expected duration and termination of such service.
Jury time served will be without pay to non-exempt workers. Based on guidelines issued by the State of California, exempt workers will be paid their full weekly salary in any week they provide any work to the practice/business while also serving on a jury, less any monies received from the court for such service.
Section 46.02 Witness Duty.
In the event an employee is compelled by court order, subpoena or other lawful means to
appear in court as a witness, he/she may have time off to enable such appearance as long as he/she provides his/her supervisor and Human Resources with a reasonable advance written notice of the obligation.
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Witness time served will be without pay to non-exempt workers. Exempt workers will be paid their full weekly salary in any week where they provide any work to the practice/business while also serving as a witness.
Section 46.03 Voting.
In the event an employee is not able to vote outside of work hours, and upon two days
advance notice to and advance written approval from his/her supervisor, he/she may take off up to two hours from work with pay to vote in a public election. The employee is required to present a voter's receipt as a prerequisite for this compensation. The time off for voting shall be only at the beginning or end of the regular working shift, whichever allows the most free time for voting and the least time off from the regular working shift, unless otherwise mutually agreed.
Section 46.04 Immediate Family Member's Death.
In the event of the death of an immediate member of an employee's family or a member of
an employee's spouse's family, a regular employee may take up to three days off work with pay to attend the funeral. An employee must use accrued vacation or holiday time for such visits. The absence requires advance written notice to the employee's supervisor and the supervisor's advance written approval. Trial and trainee staff may take off up to three days without pay for this purpose.
Section 46.05 School Visits.
Any employee who is the parent or guardian of one or more children enrolled in
kindergarten through 12th grade may take up to forty hours per school year (not exceeding eight hours in any calendar month of the school year), per child, off from work to take part in school activities. Reasonable advance-notice to the employee’s supervisor is required. An employee must furnish documentation from the school confirming the date and time of the visits if required by the supervisor. In the event an employee is the parent or guardian of a child in kindergarten through 12th grade whom a school has suspended, the employee may take unpaid time off to respond to the school's notice that he/she attend a part of the day in the child's classroom. Again, this time off is dependent on the employee's giving reasonable advance written notice to his/her supervisor and gaining advance written approval of that supervisor.
If both parents are employed by the practice/business, only one parent at a time may take time off.
An employee must use accrued vacation or holiday time for such school visits or matters. If an employee has no such accrued time to cover the time off, the absence will be without pay if the worker is non-exempt or if the worker is exempt and takes a complete day off. If the exempt worker takes less than a full day off for this purpose, his/her salary will not be reduced.
Section 46.06 Literacy Education.
The practice/business will assist employees who need time off to attend literacy education
programs. On written request by the employee to Human Resources, with a copy routed to the employee's supervisor, the practice/business will attempt to reasonably accommodate the employee by enabling him/her to attend such instruction on unpaid time, unless such attempt
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would cause the practice/business undue hardship. The practice/business will also attempt to preserve the privacy of the employee on the fact of enrollment of a literacy education program.
Section 46.07 Military Spouse Leave.
Employees who work more than 20 hours per week and have a spouse or registered
domestic partner in the Armed Forces, National Guard or Reserves who have been deployed during a period of military conflict are eligible for up to 10 unpaid days off when their spouse is on leave from (not returning from) military deployment. Employees must request this leave in writing to the Personnel Director within two business days of receiving official notice that their spouse will be on leave. Employees requesting this leave are required to attach to the leave request written documentation certifying the spouse will be on leave from deployment.
Section 46.08 Victims of Domestic Violence or Sexual Assault.
An employee who has been a victim of domestic violence or sexual assault may take the
time off that is necessary to appear in related legal proceedings or to obtain any related legal relief, including but not limited to a temporary restraining order or any other court-order relief to help ensure the health, safety or welfare of the victim or his/her child. Such employee must provide the practice/business with reasonable advance notice of his/her intent to take the time off, unless such notice is not feasible. While such time away is not paid, by prompt written notice to the practice/business, an employee may utilize accrued paid vacation time for such absence.
Section 46.09 Other Personal Leaves of Absence.
In its sole discretion and in exceptional circumstances, the practice/business will grant
unpaid leaves of absence to regular employees for personal reasons beyond those covered by other policies in this handbook. An employee must exhaust his/her accrued vacation and holiday time before such a personal leave of absence may be started.
If an employee fails to return from such a personal leave of absence on the day after the leave ends, that failure shall be a voluntary resignation of employment.
The employee’s right to participate in any group health insurance plan, pension and retirement plan or supplemental insurance plan then offered by the practice/business will exist only to the extent required by such plans or applicable law.
A personal leave of absence will not be granted for a period in excess of six months. An employee on a personal leave of absence is not entitled to accrue vacation or sick leave, or to receive vacation pay, sick pay, holiday pay or any other type of paid leave. An employee may elect to continue medical and life insurance coverage at his or her own expense.
There is no guarantee of return rights after an approved personal leave. However, if the practice/business does choose to reinstate you after such leave, a good faith effort will be made to return you to an appropriate position for which you are qualified. If an employee fails to return from such a personal leave of absence on the day after the leave ends, that failure shall be a voluntary resignation of employment.
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Article XLVII. Workers' Compensation Insurance
As new employees are informed in the first stages of hiring, the practice/business complies with its legal obligation to provide insurance coverage for employees who are injured or become ill in the course of their work for The practice/business. The insurance covers medical, disability and other benefits at no cost to employees. Human Resources can provide further information on the coverage and benefits.
Article XLVIII. Leaves for Occupational Disability
An employee may take a leave of absence for occupational injuries or illness. An employee on occupational disability must submit to examination by a doctor or other qualified health care provider, among other things, in order to confirm the extent of any injury or illness and to certify ability to return to work. During an authorized occupational disability leave, the employee will receive workers' compensation benefits as permitted by California law.
As soon as an employee becomes aware that an occupational injury leave of absence may be needed, he/she must immediately initiate and maintain the following provision of information to Human Resources:
(a) The basis for the request for the leave of absence;
(b) The expected dates the leave will start and end;
(c) A health care provider's certification of the occupational disability;
(d) Regular reports to the employee's supervisor and the Personnel Director at a minimum of every 30 days during the leave of absence regarding status of the injury or illness, projected return date, and worker's intent to return to work after the leave is over; and;
(e) Immediate notice to the supervisor and Personnel Director if and when the expected duration of the absence changes.
Section 48.02 Occupational Injury Leave
The practice/business will maintain an employee on an occupational injury leave of absence
until:
(a) The employee is released by the doctor or other health care provider on certification that the employee is able to safely carry out the vital functions of that worker's job, with or without reasonable accommodation by the practice/business;
(b) The practice/business acquires medical information and evaluation which reasonably establish for the practice/business that the employee is and will be permanently incapable of performing the vital functions of the worker's job regardless of any reasonable
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accommodation and, in the event that The practice/business is unable to reassign the employee to another open position, then that worker's employment will be terminated; or
(c) The employee voluntarily terminates his employment or directly or indirectly notifies the practice/business that he/she is not intending to return to his/her The practice/business position.
Section 48.03 Return to Work
In the event an employee is certified by a health care provider that the employee is able to
safely resume production on the job, with or without reasonable accommodation, the employee will be reinstated to his/her former position unless:
(a) The employee establishes, either directly or indirectly, that he/she does not intend to resume employment at the practice/business.
(b) The former position of the employee has been eliminated;
(c) The practice/business had to secure a replacement for the employee's position out of business necessity;
(d) The employee is no longer qualified for the position; or
(e) The employee could not return to the former position without threatening his own health or safety or the health or safety of one or more employees or customers.
Such leave for occupational injury or illness is unpaid leave. At his/her option, an employee may, but is not obligated, to utilize accrued vacation time and holiday time during the occupational disability leave of absence. During the leave, vacation and holiday time continue to accrue and the employee is credited with service to the practice/business.
If the employee taking authorized leave for occupational injury or illness also qualifies for FMLA/CFRA leave, the practice/business will continue providing and paying the premium for the employee’s participation in any the practice/business group-health plan, to the same extent as for any other worker on FMLA/CFRA leave, i.e. for up to a maximum of 12 weeks in a 12- month period. As stated above under FMLA/CFRA leave, the employee must continue to pay timely any portion of a premium normally paid by the employee.
If the employee taking authorized leave for occupational injury or illness does not qualify for FMLA/CFRA leave, the practice/business will continue providing and paying its share of the premium for the employee’s participation in any the practice/business group-health plan as it would have done if the employee had not taken such leave for the maximum time allowable under the applicable group-health plan up to 90 days. However, if the coverage is to be maintained during the leave, the employee must also carry on his or her share of the costs of health insurance benefits – by paying the premiums no later than the dates such payments would be due if employee remained actively on the job. In the event that the employee fails to make payments when due, the insurance coverage will be canceled. So long as the employee remains eligible for such insurance coverage, that insurance coverage may be reestablished by the employee upon returning to work after the leave if he or she then restarts payment of his/her share of the premiums as required.
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Article XLIX. Required Injury and Illness Prevention Program (IIPP)
The practice/business has created an Injury and Illness Prevention Program to maintain and strengthen the safety and health of the work force, managed by Human Resources. As each the practice/business employee is responsible for preventing injury and illness in the workplace, employees are to be instructed on the program to maintain high standards of safety and well- being in the workplace. All equipment must be in excellent condition, maintained and, as necessary, repaired by knowledgeable, professional technicians. Further, employees must immediately report every dangerous condition, mishap, accident and near-accident so that any needed correction can be promptly carried out.
Article L. Prevention of Violence
The practice/business has an exceptional record on the prevention of violent actions on the premises and on maintaining a safe and secure workplace. However, due to the increasing frequency and severity of public violence the practice/business is committed to strict policies to effectively reduce the potential for such disruption on The practice/business premises:
(a) Employees must immediately report all instances of direct and indirect threats of violence to their supervisor or an executive or administrator with particulars supplied of the individuals and incidents in question;
(b) Employees must report all suspicious persons and actions to their supervisor or an executive or administrator with particulars supplied of the individuals and incidents in question;
(c) In the event an employee hears a violent confrontation, he/she should avoid attempting to view the action. Rather, call 911 and stay out of sight;
(d) Employees should provide assistance to security, police and medical providers that respond to such calls;
(e) Employees should allow the the practice/business to coordinate response to any inquiries regarding alleged or actual violence at the workplace; and
(f) If they are qualified, staff should provide first aid to any injured individuals.
Article LI. General Security
Employees must cooperate and take initiative on maintaining security on the premises, including but not limited to the polite and professional questioning of persons who you do not recognize as to their business with the practice/business, the securing of entrances and exits at appropriate hours and the preservation of access security to The practice/business's proprietary trade secrets and technical know-how, e-mail, voicemail and computer systems.
Article LII. Smoking
The practice/business is committed to providing a smoke-free environment. In response to this preference of employees as well as requirements of the state and local health codes, individuals may smoke in appropriate smoking areas outside of the building during approved break times. All other smoking activity is prohibited within the premises.
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Article LIII. First Aid
The practice/business maintains a large first aid kit, located in the kitchen of Suite 301. Please see HR in the event that additional items are required, including replacement supplies.
Article LIV. Injuries on the Job
Immediate medical attention should be sought for any injuries on the job, with an ambulance summoned as necessary and supervisors and administrators promptly notified of events to enable coordination and handling of any corrective or other responsive action.
In the event that an employee is injured on the job, he/she may be asked to see a doctor designated by the practice/business for treatment, unless that employee has specified another physician in writing. Of course, in emergency circumstances, such preferences may well be impossible.
Article LV. Life-Threatening Diseases
The workplace must be safe and healthy for all concerned. At the same time, those that are afflicted with non-contagious life-threatening illness may often-times be subjected in the general public to stigma and uneducated and unwarranted fears of air- or water-borne infection and worse. "Life-threatening illness" today would include AIDS, HIV-related maladies, cancer, heart disease, Lou Gehrig's disease and other severe afflictions. The following rules apply if an employee has or comes down with a life-threatening illness:
(a) The practice/business will effect reasonable accommodations for workers afflicted with life-threatening illnesses.
(b) In the event a worker is afflicted with life-threatening illness, he/she will be permitted to continue employment provided: (i) he/she can perform the vital aspects of his/her position, with or without reasonable accommodation; (ii) the illness does not in fact pose a danger of infection or other health or safety hazard to other persons on the premises; and (iii) the employee's decision to carry on with the employment does not present a direct danger to that employee.
(c) In a great many situations, an employee may not decline to perform his job functions because he/she carries (unfounded) fears about being infected by a life-threatening illness from another employee. Employees are barred from harassing or discriminating against a fellow employee with such illness. Workers who decline to work with such a fellow employee or who harass or discriminate against such persons can be subject to discipline, including termination.
Article LVI. Substance Abuse
With the aims of the practice/business focused on expansion of its services to its publics and the community at large, it is essential that strict rules be upheld on staff use, possession, and sale of drugs and alcohol.
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An employee will be immediately terminated for illegal use, purchase/sale, control, distribution, or possession of narcotics, drugs or controlled substances while working for or while on the practice/business premises. Such illegal activity by an employee while not working for the practice/business or while off the practice/business premises, whether confirmed by criminal conviction or otherwise, may also result in immediate discharge.
In the event an employee is arrested on drug-related charges and awaits trial, he/she will be suspended without pay until the charges are dismissed in full; until the employee pleads guilty; or the employee is tried resulting in a verdict. In the event of a conviction or guilty plea, the employee will be terminated immediately.
The practice/business also prohibits the consumption of alcohol on the practice/business premises or during work hours. Similarly, employees may not show up at work under the influence of alcohol.
The legal use of prescribed drugs or over-the-counter medicines is not affected by this policy to the extent the use of such medications does not adversely affect the employee’s work, ability, job performance, or the safety of the employee or others. Yet, if the ingestion of such permitted substances appears to the practice/business to be preventing an employee from performing the essential functions of his/her job, with or without reasonable accommodation, the practice/business may direct the employee to see a doctor at the practice/business expense. The employee may be directed to take a leave of absence without pay if the otherwise legal prescription or over-the-counter medication reasonably appears to the doctor to be preventing the safe and effective performance of work tasks.
If an employee is taking any medications under a valid prescription or any over-the-counter medications and the use of such medications adversely effects the employee’s work, ability, job performance, or the safety of the employee or others, he or she must inform the supervisor of this condition prior to beginning work.
Although California permits the use of medical marijuana, the practice/business does not permit its use at any the practice/business facility or by any The practice/business employee while on post. Violations can result in discipline, up to and including termination.
Section 56.01 Testing for Alcohol and/or Drugs:
In the event that a The practice/business supervisor or manager determines (a) that he or
she has reasonable suspicion to conclude that an employee is in possession or in control of alcohol, drugs, or paraphernalia on the job or is under the influence of alcohol and/or drugs during work hours; and (b) that this condition may negatively affect that employee's ability to perform his or her job or threaten the safety of that employee, other workers, or the public, then alcohol and/or drug testing may be directed for that employee. Reasonable suspicion shall be based on observable behavior and appearance of the subject employee, including his speech, motor skills, reaction time, orientation, and other factors.
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Such alcohol and/or drug testing may be directed after any accident or breach of safety rules on the job regardless of whether an injury resulted from the incident.
An employee's refusal or failure to submit to such testing will be grounds for disciplinary action, including but not limited to termination. The practice/business will cover the costs of such requested testing including the cost of transportation to and from the testing site.
Article LVII.Prohibited Use of Cell Phone While Driving
Per California law, the practice/business prohibits employees from using hand-held cell phones while driving on the practice/business and/or the practice/business time.
If your job requires that you keep your cell phone turned on while you are driving, you must use a hands-free device. Under no circumstances should employees place phone calls while operating a motor vehicle while driving on the practice/business and/or the practice/business time. The practice/business recommends preprogramming frequently used numbers into your phone rather than looking up numbers before dialing them.
California law and this policy also prohibit writing, sending, or reading text-based communication – including text messaging, instant messaging, and e-mail – on a wireless device or cell phone while driving.
Article LVIII. Operation of Vehicles on the Practice/Business
Employees who drive a vehicle on the practice/business must possess a current, valid California driver’s license and must maintain an acceptable driving record. Employees must maintain in their possession a valid California driver’s license and must drive safely and obey all applicable traffic, safety and parking laws and regulations while driving on the practice/business. Employees must report any change in license status or driving record to the Personnel Section in Division One prior to driving a vehicle on the practice/business. If an employee’s driver’s license status or driving record does not meet the practice/business standards or the practice/business’s insurance carrier’s standards, the employee may be restricted from driving, reassigned, suspended or terminated at the practice/business’s sole discretion. If an employee is required to rent a vehicle to conduct the practice/business, such rental vehicle may only be used for work-related activities and not for personal use without the prior written consent of the practice/business senior management.
END OF EMPLOYEE HANDBOOK
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