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OTHER NAMES Employee Policy Manual Staff Manual

What is an Employee Manual?

If you own a business and want to formally provide guidelines to employees, you can use an Employee Manual. Instead of repeating information in meetings, and mentioning rules in passing, you can provide your employees a written account of what the rules and expectations are at your company. An Employee Manual can be an useful way to provide specific information to your employees about everything related to their employment. It also can help protect you, and the company, from potential liability. 
 
With an Employee Manual, you can provide a basic outline of each employee's responsibilities, as well as an explanation of their rights and privileges. In the document you can detail the following: the length of an introductory work period, internet policy, personal emails, social media policy, harassment complaints, paydays, insurance benefits, vacations and personal leave, and the dress code. 
 
With an Employee Manual, you can provide a basic outline of each employee's responsibilities, as well as an explanation of their rights and privileges. In the document you can detail the following: the length of an introductory work period, internet policy, personal emails, social media policy, harassment complaints, paydays, insurance benefits, vacations and personal leave, and the dress code.

When to use an Employee Manual:

  • You operate a business and need to compose a manual outlining the rules, responsibilities and rights of your employees.
  • You need to update the existing employee manual for your company.

Sample Employee Manual

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Table of Contents

 

Section - Introduction

 

. Welcome

.

. Changes in Policy

 

Section - Employment Policies

 

. Employee Classifications

. Equal Employment Opportunity & Americans with Disabilities Act.

. Confidentiality

. Employment of Minors

. Employment of Relatives

. Personnel Records and Employee References

. Privacy

. Immigration Law Compliance

. Political Neutrality

 

Section - Hours of Work and Payroll Practices

 

. Pay Periods and Paydays

. Overtime

. Rest and Meal Periods

. Time Cards

. Payroll Deductions

. Wage Garnishment

 

Section - Standards of Conduct and Employee Performance

 

. Anti- Harassment and Discrimination

. Attendance

. Discipline and Standards of Conduct

. Dress Code

. Safety

. Substance and Abuse

. Workplace Searches

. Cell Phone Policy

 

Section - Employee Benefits and Services

 

. Generally

. Worker's Compensation

. Social Security Benefits (FICA)

. Unemployment Insurance

 

Section - Employee Leaves of Absence and Time Off

 

. Generally

. Family and Medical Leave

. Workers' Compensation Leave

. Jury Duty

 

 

Section

Introduction

 

. Welcome to

 

 

.

 

This ("") is designed to summarize certain personnel policies and benefits of (the "Company"), of , , , and to acquaint employees with many of the rules concerning employment with the Company. This applies to all employees, and compliance with the Company's policies is a condition of employment. This supersedes all previous employment policies, written and oral, express and implied. The Company reserves the right to modify, rescind, delete, or add to the provisions of this from time to time in its sole and absolute discretion. This is not a binding contract between the Company and its employees, nor is it intended to alter the employment relationship between the Company and its employees. The Company reserves the right to interpret the policies in this Handbook and to deviate from them when, in its discretion, it determines it is appropriate.

 

. Changes in Policy

 

Since our business is constantly changing, the Company expressly reserves the right to revise, modify, delete, or add to any and all policies, procedures, work rules, or benefits stated in this handbook or in any other document. No oral statements or representations can in any way alter the provisions of this . Nothing in this employee handbook or in any other document, including benefit plan descriptions, creates or is intended to create a promise or representation of continued employment for any employee. Any changes to your employment status, described below, must be in writing and must be signed by the Company.

 

If you are uncertain about any policy or procedure, please check with your manager or Human Resources.

 

Section

Employment Policies

 

. Employee Classifications

 

The following terms are used to describe employees and their employment status:

 

Exempt Employees - Employees whose positions meet specific tests established by the Federal Labor Standards Act ("FLSA") and state law. In general, exempt employees are those engaged in executive, managerial, high-level administrative and professional jobs who are paid a fixed salary and perform certain duties. In addition, certain commissioned sales employees and highly paid computer professionals are exempt. Exempt employees are not subject to the minimum wage and overtime laws.

 

Nonexempt Employees - Employees whose positions do not meet specific tests established by the FLSA and state law. All employees who are covered by the federal or state minimum wage and overtime laws are considered nonexempt. Employees working in nonexempt jobs are entitled to be paid at least the minimum wage per hour and a premium for overtime.

 

Full-Time Employees - Employees who are not temporary employees, independent contractors, or independent consultants and who are regularly scheduled to work a schedule of hours per work week.

 

Part-Time Employees - Employees who are not temporary employees, independent contractors, or independent consultants and who are regularly scheduled to work less than hours per work week.

 

Temporary Employees - Employees who are hired as interim replacements to temporarily supplement the workforce or to assist in the completion of a specific project. Employment assignments in this category are of limited duration and the temporary employee can be let go before the end of the defined period. Short term assignments generally are periods of three (3) months or less, however, such assignments may be extended.

 

Independent Contractor or Consultant - These individuals are not employees of the Company and are self-employed. An independent contractor or consultant is engaged to perform a task according to his/her own methods and is subject to control and direction only as to the results to be accomplished. Independent contractors or consultants are not entitled to benefits.

 

Each employee will be advised of his or her status at the time of hire and any change in status.

 

. Equal Employment Opportunity & Americans with Disabilities Act

 

It is the policy of the Company to provide equal employment opportunities to all employees and employment applicants without regard to unlawful considerations of race, religion, creed, color, national origin, sex, pregnancy, sexual orientation, gender identity, age, ancestry, physical or mental disability, genetic information, marital status or any other classification protected by applicable local, state or federal laws. This policy prohibits unlawful discrimination based on the perception that anyone has any of those characteristics, or is associated with a person who has or is perceived as having any of those characteristics. This policy applies to all aspects of employment, including, but not limited to, hiring, job assignment, working conditions, compensation, promotion, benefits, scheduling, training, discipline and termination.

 

The Company expects all employees to support our equal employment opportunity policy, and to take all steps necessary to maintain a workplace free from unlawful discrimination and harassment and to accommodate others in line with this policy to the fullest extent required by law. For example, the Company will make reasonable accommodations for employees' observance of religious holidays and practices unless the accommodation would cause an undue hardship on the Company's operations. If you desire a religious accommodation, you are required to make the request in writing to your manager as far in advance as possible. You are expected to strive to find co-workers who can assist in the accommodation (e.g. trade shifts) and cooperate with the Company in seeking and evaluating alternatives.

 

Moreover, in compliance with the Americans with Disabilities Act (ADA), the Company provides reasonable accommodations to qualified individuals with disabilities to the fullest extent required by law. The Company may require medical certification of both the disability and the need for accommodation. Keep in mind that the Company can only seek to accommodate the known physical or mental limitations of an otherwise qualified individual. Therefore, it is your responsibility to come forward if you are in need of an accommodation. The Company will engage in an interactive process with the employee to identify possible accommodations, if any will help the applicant or employee perform the job.

 

. Confidentiality

 

In the course of employment with the Company, employees may have access to "Confidential Information" regarding the Company, which may include its business strategy, future plans, financial information, contracts, suppliers, customers, personnel information or other information that the Company considers proprietary and confidential. Maintaining the confidentiality of this information is vital to the Company's competitive position in the industry and, ultimately, to its ability to achieve financial success and stability. Employees must protect this information by safeguarding it when in use, using it only for the business of the Company and disclosing it only when authorized to do so and to those who have a legitimate business need to know about it. This duty of confidentiality applies whether the employee is on or off the Company's premises, and during and even after the end of the employee's employment with the Company. This duty of confidentiality also applies to communications transmitted by the Company's electronic communications. See also Internet, Email and Computer Use policy, herein.

 

. Employment of Minors

 

The FLSA's child labor provisions, which the Company strictly adheres to, are designed to protect the educational opportunities of youth and prohibit their employment in jobs that are detrimental to their health and safety. Generally speaking, the FLSA sets the minimum age for employment (14 years for non-agricultural jobs), restricts the hours youth under the age of 16 may work, and prohibits youth under the age of 18 from being employed in hazardous occupations. In addition, the FLSA establishes subminimum wage standards for certain employees who are less than 20 years of age, full-time students, student learners, apprentices, and workers with disabilities. Employers generally must have authorization from the U.S. Department of Labor's Wage and Hour Division (WHD) in order to pay sub-minimum wage rates.

 

. Employment of Relatives

 

The Company recognizes that the employment of relatives in certain circumstances, such as when they will work in the same department, supervise or manage the other, or have access to confidential or sensitive information regarding the other, can cause problems related to supervision, safety, security or morale, or create conflicts of interest that materially and substantially disrupt the Company's operations. When the Company determines any of these problems will be present, it will decline to hire an individual to work in the same department as a relative. Relatives subject to this policy include: father, mother, sister, brother, current spouse or domestic partner, child (natural, foster, or adopted), current mother-in- law, current father-in-law, grandparent, or grandchild.

 

If present employees become relatives during employment, the Company should be notified so that we may determine whether a problem involving supervision, safety, security or morale, or a conflict of interest that would materially and substantially disrupt the Company's operations exists. If the Company determines that such a problem exists, the Company will take appropriate steps to resolve the problem, which may include reassignment of one relative (if feasible) or asking for the resignation of one of the relatives.

 

15

. Personnel Records and Employee References

 

The Company maintains a personnel file and payroll records for each employee as required by law. Personnel files and payroll records are the property of the Company and may not be removed from Company premises without written authorization. Because personnel files and payroll records are confidential, access to the records is restricted. Generally, only those who have a legitimate reason to review information in an employee's file are allowed to do so. Disclosure of personnel information to outside sources will be limited. However, the Company will cooperate with requests from authorized law enforcement or local, state, or federal agencies conducting official investigations and as otherwise legally required.

 

Employees may contact a Human Resources representative to request a time to review their payroll records and/or personnel file. With reasonable advance notice, an employee may review his or her own records in the Company's offices during regular business hours and in the presence of an individual appointed by the Company to maintain the records. within seven working days after a request is madeYou may add your comments to any disputed item in the file.

 

By policy, the Company will provide only the former or present employee's dates of employment and position(s) held with the Company. Compensation information may also be verified if written authorization is provided by the employee.

 

. Privacy

 

The Company is respectful of employee privacy. All employee demographic and personal information will be shared only as required in the normal course of business. Healthcare enrollment information is kept in a separate folder from other human resources forms. Workers' Compensation information is not considered private healthcare information; however, this information will be released only on a need-to-know basis.

 

The Company does not make or receive any private healthcare information through the course of normal work. If any employee voluntarily shares private healthcare information with a member of management, this information will be kept confidential. If applicable, the Company will set up guidelines for employees and management to follow to ensure that company employees conform to the requirements of the Health Insurance Portability and Accountability Act (HIPAA).

 

. Immigration Law Compliance

 

In compliance with the Immigration Reform and Control Act of 1986, each new employee, as a condition of employment, must complete the Employment Eligibility Verification Form I-9 on the date of hire and present documentation establishing identity and employment eligibility within three business days of date of hire. Former employees who are rehired must also complete an I-9 form if they have not completed an I-9 form with the Company within the past three years, or if their previous I-9 form is no longer retained or valid. You may raise questions or complaints about immigration law compliance without fear of reprisal.

 

. Political Neutrality

 

Maintenance of individual freedom and our political institutions necessitates broad scale participation by citizens concerning the selection, nomination and election of our public office holders. The Company will not discriminate against any employee because of identification with and support of any lawful political activity. Company employees are entitled to their own personal political position. The Company will not discriminate against employees based on their lawful political activity engaged in outside of work. If you are engaging in political activity, however, you should always make it clear that your actions and opinions are your own and not necessarily those of the Company, and that you are not representing the Company.

 

Section

Hours of Work and Payroll Practices

 

. Pay Periods and Paydays

 

Employees are paid on a basis. Monday All employees are paid by check on the above-mentioned payday. If the regular payday falls on a weekend or Company holiday, employees will be paid on the last business day before the holiday and/or weekend.

 

. Overtime

 

Nonexempt employees will be paid in accordance with federal and state law.

 

All overtime work by non-exempt employees must be authorized in advance by their manager. Only hours actually worked will be used to calculate overtime pay.

 

. Rest and Meal Periods

 

All rest and meal periods will be in accordance with state law.

 

. Time Cards

 

Nonexempt employees are required to keep an accurate and complete record of their attendance and hours worked. Time cards are official business records and may not be altered without the employee's supervisor's approval and may not be falsified in any way.

 

. Payroll Deductions

 

Various payroll deductions are made each payday to comply with federal and state laws pertaining to taxes and insurance. Deductions will be made for the following: Federal and State Income Tax Withholding, Social Security, Medicare, State Disability Insurance & Family Temporary Disability Insurance, and other items designated by you or required by law (including a valid court order). You can adjust your federal and state income tax withholding by completing the proper federal or state form and submitting it to Accounting or Human Resources. At the start of each calendar year, you will be supplied with your Wage and Tax Statement (W-2) form for the prior year. This statement summarizes your income and deductions for the year.

 

. Wage Garnishment

 

A garnishment is a court order requiring an employer to remit part of an employee's wages to a third party to satisfy a just debt. Once the Company receives the legal papers ordering a garnishment, we are required by law to continue making deductions from your check until we have withheld the full amount or until we receive legal papers from the court to stop the garnishment. Even if you have already paid the debt, we still need the legal papers to stop the garnishment.

 

Section

Standards of Conduct and Employee Performance

 

. Anti- Harassment and Discrimination

 

The Company is committed to providing a work environment free of sexual or any form of unlawful harassment or discrimination. Harassment or unlawful discrimination against individuals on the basis of race, religion, creed, color, national origin, sex, pregnancy, sexual orientation, gender identity or expression, age, ancestry, physical or mental disability, genetic information, marital status or any other classification protected by local, state or federal laws is illegal and prohibited by Company policy. Such conduct by or towards any employee, contract worker, customer, vendor or anyone else who does business with the Company will not be tolerated. Any employee or contract worker who violates this policy will be subject to disciplinary action, up to and including termination of his or her employment or engagement. To the extent a customer, vendor or other person with whom the Company does business engages in unlawful harassment or discrimination, the Company will take appropriate corrective action.

 

Prohibited Conduct:

 

Prohibited harassment or discrimination includes any verbal, physical or visual conduct based on sex, race, age, national origin, disability or any other legally protected basis if:

 

  a. submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or engagement;

 

  b. submission to or rejection of such conduct by an individual is used as a basis for decisions concerning that individual's employment or engagement; or

 

  c. it creates a hostile or offensive work environment.

 

Prohibited harassment includes (but is not limited to) unwelcome sexual advances, requests for sexual favors and lewd, vulgar or obscene remarks, jokes, posters or cartoons, and any unwelcome touching, pinching or other physical contact. Other forms of unlawful harassment or discrimination may include racial epithets, slurs and derogatory remarks, stereotypes, jokes, posters or cartoons based on race, national origin, age, disability, marital status or other legally protected categories. Prohibited harassment might also be transmitted using the Company's electronic communications system, or through other on-line conduct.

 

Complaint Procedure:

 

Employees or contract workers who feel that they have been harassed or discriminated against, or who witness any harassment or discrimination by an employee, contract worker, customer, vendor or anyone else who does business with the Company, should immediately report such conduct to their supervisor or any other member of management.

 

Do not allow an inappropriate situation to continue by not reporting it, regardless of who is creating the situation. No employee, contract worker, customer, vendor or other person who does business with this organization is exempt from the prohibitions in this policy. In response to every complaint, the Company will conduct an investigation which may involve interviewing witnesses if warranted and, if improper conduct is found, take appropriate corrective action.

 

To the extent that an employee or contract worker is not satisfied with the Company's handling of a harassment or discrimination complaint, he or she may also contact the appropriate state or federal enforcement agency for legal relief.

 

. Attendance

 

Punctuality and regular attendance are essential to the successful operation of the Company's business. If an employee is unable to report to work (or to report to work on time) for any reason, the employee must notify his or her supervisor before his or her starting time. If an employee desires to leave work for any reason during the workday, the employee must obtain the approval of his or her supervisor prior to leaving. 3 Excessive absenteeism or tardiness may subject the employee to disciplinary action, up to and including termination.

 

. Discipline and Standards of Conduct

 

Discipline may take various forms, including verbal counseling, written warnings, suspension, demotion, transfer, reassignment or termination. The discipline imposed will depend on the circumstances of each case; therefore, discipline will not necessarily be imposed in any particular sequence. Moreover, at any time the Company determines it is appropriate, an employee may be terminated immediately.

 

Every organization must have certain standards of conduct to guide the behavior of employees. Although there is no possible way to identify every rule of conduct, the following is an illustrative list (not intended to be comprehensive or to limit the Company's right to impose discipline for any other conduct it deems inappropriate). Keep in mind that these standards of conduct apply to all employees whenever they are on Company property and/or conducting Company business (on or off Company property). Engaging in any conduct the Company deems inappropriate may result in disciplinary action, up to and including termination.

 

  a. Dishonesty;

 

  b. Falsification of Company records;

 

  c. Unauthorized use or possession of property that belongs to the Company, a coworker, or of the public;

 

  d. Possession or control of illegal drugs, weapons, explosives, or other dangerous or unauthorized materials;

 

  e. Fighting, engaging in threats of violence or violence, use of vulgar or abusive language, horseplay, practical jokes or other disorderly conduct that may endanger others or damage property;

 

  f. Insubordination, failure to perform assigned duties or failure to comply with the Company's health, safety or other rules;

 

  g. Unauthorized or careless use of the Company's materials, equipment or property;

 

  h. Unauthorized and/or excessive absenteeism or tardiness;

 

  i. Lack of teamwork, poor communication, unsatisfactory performance, unprofessional conduct, or conduct improper for the workplace;

 

  j. Sexual or other illegal harassment or discrimination;

 

  k. Unauthorized use or disclosure of the Company's confidential information;

 

  l. Violation of any Company policy.

 

. Dress Code

 

 

Animals that are registered service animals will be permitted in the workplace.

. Safety

 

The Company is committed to providing a safe workplace. Accordingly, the Company emphasizes "safety first." It is the employee's responsibility to take steps to promote safety in the workplace and work in a safe manner. By remaining safety conscious, employees can protect themselves and their coworkers. Employees are expected to promptly report all unsafe working conditions, accidents and injuries, regardless of how minor so that any potential hazards can be corrected.

 

. Substance and Abuse

 

The Company is committed to providing its employees with a safe and productive work environment. In keeping with this commitment, it maintains a strict policy against the use of alcohol and the unlawful use of drugs in the workplace. Consequently, no employee may consume or possess alcohol, or use, possess, sell, purchase or transfer illegal drugs at any time while on the Company's premises or while using the Company vehicles or equipment, or at any location during work time.

 

No employee may report to work with illegal drugs (or their metabolites) or alcohol in his or her bodily system. The only exception to this rule is that employees may engage in moderate consumption of alcohol that may be served and/or consumed as part of an authorized Company social or business event. "Illegal drug" means any drug that is not legally obtainable or that is legally obtainable but has not been legally obtained. It includes prescription drugs not being used for prescribed purposes or by the person to whom it is prescribed or in prescribed amounts. It also includes any substance a person holds out to another as an illegal drug.

 

Any violation of this policy will result in disciplinary action, up to and including termination.

 

Any employee who feels he or she has developed an addiction to, dependence upon, or problem with alcohol or drugs, legal or illegal, is strongly encouraged to seek assistance before a violation of this policy occurs. Any employee who requests time off to participate in a rehabilitation program will be reasonably accommodated. However, employees may not avoid disciplinary action, up to and including termination, by entering a rehabilitation program after a violation of this policy is suspected or discovered.

 

. Workplace Searches

 

All offices, desks, file drawers, cabinets, lockers, Company vehicles, and other Company equipment (including but not limited to computers, e-mail and voice mail) and facilities or any area on Company premises are the property of the Company ("Company Property"), and are intended for business use. Employees should have no expectation of privacy with respect to Company property and/or items stored within Company Property or on Company premises. Inspection may be conducted at any time, without notice, at the discretion of the Company.

 

In addition, when the Company deems appropriate, employees may be required to submit to searches of their personal vehicles, parcels, purses, handbags, backpacks, brief cases, lunch boxes or any other possessions or articles brought on to the Company's premises.

 

Persons entering the premises who refuse to cooperate in an inspection conducted pursuant to this policy may not be permitted to enter the premises. All employees must cooperate in an inspection; failure to do so is insubordination and will result in disciplinary action, up to and including termination.

 

. Cell Phone Policy

 

The use of personal cell phones at work is discouraged because it can interfere with work and be disruptive to others. Therefore, employees who bring personal cell phones to work are required to keep the ringer shut off or placed on vibrate mode when they are in the office, and to keep cell phone use confined to breaks and meal periods. Conversations should be had away from areas where other employees are working. When cell phone use interferes with the satisfactory performance of an employee's duties or disturbs others, the privilege of using a personal cell phone at work may be taken away and other disciplinary action, up to and including termination, may be imposed.

 

The Company may provide cell phone allowances to employees in certain positions in an effort to improve efficiency and effectiveness. When cell phones are used for Company business, employees must comply with all Company policies governing conduct, including our policies prohibiting discrimination, harassment, and violence in the workplace. When using the cell phone in a public place, please remember to maintain the confidentiality of any private or confidential business information. As a courtesy to others, please shut cell phones off or place on vibrate mode during meetings.

 

Section

Employee Benefits and Services

 

. General

 

full-time From time to time, benefits may be added or deleted from the benefits package. The Company reserves the right to make such changes.

 

This does not contain the complete terms and/or conditions of any of the Company's current benefit plans. It is intended only to provide general explanations. For information regarding employee benefits and services, employees should contact .

 

. Workers' Compensation

 

All states have Workers' Compensation laws whose purpose is to promote the general welfare of people by providing compensation for accidental injuries or death suffered in the course of employment. These laws are designed to provide protection to workers suffering occupational disabilities through accidents arising out of, and in the course of employment. carries Workers' Compensation Insurance for all employees and pays the entire cost of the insurance program. An employee who suffers an injury or illness in connection with the job is usually eligible to receive payment through the insurance company for lost wages. In addition to disability payments, necessary hospital, medical and surgical expenses are covered under Workers' Compensation, with payments being made directly to the hospital or physician. Workers' Compensation benefits to injured workers also include assistance to help qualified injured employees return to suitable employment.

 

. Social Security Benefits (FICA)

 

During your employment, you and the Company both contribute funds to the Federal government to support the Social Security Program. This program is intended to provide you with retirement benefit payments and medical coverage once you reach retirement age.

 

. Unemployment Insurance

 

The company pays a state and federal tax to provide employees with unemployment insurance coverage in the event they become unemployed through no fault of their own or due to circumstances described by law. This insurance is administered by applicable state agencies, who determine eligibility for benefits, the amount of benefits (if any), and duration of benefits.

 

Section

Employee Leaves of Absence and Time Off

 

. General

 

While regular attendance is crucial to maintain business operations, the Company recognizes that, for a variety of reasons, employees may need time off from work. The Company has available a number of types of leaves of absence. Some are governed by law and others are discretionary. For all planned leaves, however, employees must submit a request at least days in advance; in case of emergencies, employees should submit the request as soon as they become aware of the need for leave. All leaves must have the approval of Company management. If, during a leave, an employee accepts another job, engages in other employment or consulting outside of the Company, or applies for unemployment insurance benefits, the employee may be considered to have voluntarily resigned from employment with the Company.

 

All requests for a leave of absence will be considered in light of their effect on the Company and its work requirements, as determined by Company management, which reserves the right to approve or deny such requests in its sole discretion, unless otherwise required by law. For disability-related leave requests, the Company will engage in an interactive process with the employee to determine if a leave is the most appropriate accommodation. The employee must provide a certification from his or her health care provider to the Company to support a leave for medical reasons. Failure to provide the required certification to the Company in a timely manner will result in delay or denial of leave. If an employee requires an extension of leave, the employee must request such extension and have it approved before the expiration of the currently approved leave.

 

While the Company will make a reasonable effort to return the employee to his or her former position or a comparable position following an approved leave of absence, there is no guarantee that the employee will be reinstated to his or her position, or any position, except as required by law.

 

When employees eligible for paid sick days do not take the full amount of sick time they could have taken in a year, that amount automatically carries over to the next year. When employees eligible for paid personal days do not take the full amount of personal time they could have taken in a year, that amount automatically carries over to the next year. Employees may not accrue more than of vacation time. Once an employee's vacation balance reaches this limit, an employee may accrue more vacation only by taking some vacation time to bring the balance back below the limit. Employees may not accrue more than of time off. Once an employee's time off balance reaches this limit, an employee may accrue more time off only by taking some time off to bring the balance back below the limit.

New Year's Day

an unpaid An employer is allowed to transfer a returning employee who is medically unable to perform his or her original job to work more suitable to the employee's physical condition, if such work is available.

State Family and Medical Leave:

 

An employee of at least one year and 1,000 hours of a company with 20 or more employees may qualify for up to 16 weeks of state family leave for childbirth, adoption, pregnancy-maternity, domestic violence, or care for a family member with a serious health condition, plus 16 weeks of medical leave for the employee's own serious health condition, which may be taken during a 2 year period. A "family member" is a person related by blood, legal custody or marriage. In addition, a person is considered a family member if the employee lives or has lived with the person in the past year and maintains a committed relationship with the person. The 24-month period will be calculated based on a calendar year. All time off that qualifies as family and medical leave will be counted against the employee's federal and, if applicable, state family and medical leave entitlement to the fullest extent permitted by law.

 

An employee with one year and at least 1,000 hours of service in the last 12 months of a company with more than 75 employees may qualify for state family and medical leave of up to 16 workweeks every 2 years for the purposes described above. The 24-month period will be calculated based on a calendar year. All time off that qualifies as family and medical leave will be counted against the employee's federal and, if applicable, state family and medical leave entitlement to the fullest extent permitted by law.

 

During a family and medical leave, group benefits will be maintained for up to 16 workweeks (or up to 26 weeks when leave is for the purpose of caring for a covered service member), as if the employee was continuously employed.

 

An employee of a company with more than 50 employees may qualify for up to 3 days' leave in any 12-month period to seek a restraining order, obtain medical care or counseling, relocate, or seek legal assistance for victims of domestic violence, sexual assault, or stalking. All time off that qualifies as family and medical leave will be counted against the employee's federal and, if applicable, state family and medical leave entitlement to the fullest extent permitted by law.

 

An employee of a company with more than 100 employees may qualify for up to four weeks of state family and medical leave in any calendar year to care for a family member with a serious health condition or care for a newly born or adopted child. All time off that qualifies as family and medical leave will be counted against the employee's federal and, if applicable, state family and medical leave entitlement to the fullest extent permitted by law.

 

An employee who has been employed for at least 3 months may qualify for up to 3 working days of state leave in any 12-month period if the employee or family/household member is a victim of domestic violence, with or without pay at the discretion of the employer. All time off that qualifies as family and medical leave will be counted against the employee's federal and, if applicable, state family and medical leave entitlement to the fullest extent permitted by law.

 

An employee may qualify for up to 12 weeks of unpaid state leave in any 12-month period if the employee or family/household member is a victim of domestic violence or sexual assault. All time off that qualifies as family and medical leave will be counted against the employee's federal and, if applicable, state family and medical leave entitlement to the fullest extent permitted by law.

 

An employee of a company with at least 25 employees may qualify for up to 4 months of short-term disability leave if temporarily disabled because of pregnancy, childbirth, or related medical conditions. Companies with at least 20 employees may grant up to 40 hours' paid leave per year to donate bone barrow. All time off that qualifies as family and medical leave will be counted against the employee's federal and, if applicable, state family and medical leave entitlement to the fullest extent permitted by law.

 

An employee may qualify for up to 24 hours per year total of leave to attend school activities. All time off that qualifies as family and medical leave will be counted against the employee's federal and, if applicable, state family and medical leave entitlement to the fullest extent permitted by law.

 

The state of New Jersey has enacted the NJ Family Leave Act (or "NJFLA"). The NJFLA applies to employers that are subject to the New Jersey Unemployment Compensation Law for employees who have worked 20 calendar weeks in covered New Jersey employment, or earned at least 1000 times NJ minimum wage during the 52 weeks preceding leave. Employees can take paid leave to care for a newborn within 12 months of birth, to care for a newly adopted child within 12 months of placement, or to care for a family member with a serious health condition, but not an employee's own disabilities.

 

"Family member" means spouse, civil union partner, domestic partner, parent or child

 

"Parent" means biological, foster, adoptive, step, legal guardian

 

"Child" means biological, adopted, foster, step, legal ward, child of a domestic partner or civil union partner who is under 19 or over 19 but incapable of self care because of mental or physical impairment

 

"Care" means but is not limited to physical care, emotional support, visitation, assistance in treatment, transportation, arranging for a change in care, assistance with essential daily living matters and personal attendant services

 

"Serious health condition" means illness, injury, impairment or physical or mental condition which requires: (i) inpatient care in a hospital, hospice, or residential medical care facility or (ii) continuing medical treatment or continuing supervision by a health care provider

 

When an employee takes a leave for a purpose covered by both the FMLA and the NJFLA, the leave simultaneously counts against the employee's entitlement under both laws.

 

The FMLA provides time off from work due to an employee's own disability, while the NJFLA does not provide covered employees with leave for their own disabilities. Thus, even though an employee may utilize all of his or her allotted time under the federal FMLA due to his or her disability, the employee may then be entitled to time off under the NJFLA in connection with the birth or adoption of a child or the serious illness of a parent, child or spouse.

 

The FMLA provides up to twelve weeks in a 12-month period, rather than a 24-month period as provided in the NJFLA.

 

An employee, who has worked at least 25 hours per week for 6 months, of a company with at least 25 employees may qualify for state family and medical leave of 12 weeks per year for pregnancy/maternity, adoption, or childbirth. An additional 12 weeks of leave per year may be granted for an employee's or a family member's serious health condition, or to care for a child who has an illness, injury, or condition that requires home care. All time off that qualifies as family and medical leave will be counted against the employee's federal and, if applicable, state family and medical leave entitlement to the fullest extent permitted by law.

 

An employee may qualify for 13 weeks of state family and medical leave in any two calendar years for childbirth, adoption of a child up to 16 years old, an employee's or a family member's serious health condition. All time off that qualifies as family and medical leave will be counted against the employee's federal and, if applicable, state family and medical leave entitlement to the fullest extent permitted by law.

 

An employee with at least 12 consecutive months and 1000 hours worked with the company may qualify for state family and medical leave of 6 weeks per 12-month period for pregnancy/maternity, childbirth, or adoption. An additional 2 weeks per 12-month period of leave may be provided to care for a family member (including a domestic partner) with a serious health condition. An additional 2 weeks per 12-month period of leave may be provided to care for the employee's own serious health condition. All time off that qualifies as family and medical leave will be counted against the employee's federal and, if applicable, state family and medical leave entitlement to the fullest extent permitted by law.

 

An employee, having worked for the employer for at least one year and 1,250 hours in the past 12 months, may qualify for an additional 12 weeks of state family leave (FLA) in addition to the pregnancy disability leave ordered off by her health care provider. This will give her more total protected leave from work than the leave offered under the federal FMLA. In a case where the employee qualifies for FMLA the employee may use the leave to care for a registered domestic partner with a serious health condition. In this case the employee will qualify for the state family leave (FLA) but not for the federal FMLA.

 

An employee, with at least 12 consecutive months as a full-time employee, of a company with at least 100 employees, may qualify for state family and medical leave of up to 4 months for pregnancy/maternity and childbirth (this includes nursing). Employees must give 3 months' notice unless a medical emergency requires the leave to begin sooner. All time off that qualifies as family and medical leave will be counted against the employees federal and, if applicable, state family and medical leave entitlement to the fullest extent permitted by law.

 

As an alternative, employees may qualify for paid leave under the Paid Family Leave Benefit Law ("PFLBL") described below. Please note that paid leave under the PFLBL cannot be used to handle an employee's own medical issues.

Accrued sick time may be used during FMLA/CFRA leave. Once accrued sick time is used up, the remainder of the FMLA/CFRA leave will be without pay

. Workers' Compensation Leave

 

Any employee who is unable to work due to a work related injury or illness and who is eligible for Workers' Compensation benefits will be provided an unpaid leave for the period required. The first 12 weeks will be treated concurrently as a family and medical leave under the federal Family Medical Leave Act ("FMLA") for employees eligible for FMLA leave.

 

. Jury Duty

 

U.S. citizens have a civic obligation to provide jury duty service when called.

 

The employee must bring in the jury duty notice as soon as it is received so that appropriate arrangements can be made to cover his or her duties. Employees are required to call in or report for work on those days or parts of days when their presence in court is not required.

 

 

Employment Agreement and

Acknowledgement of Receipt of

 

 

Employee:

 

I acknowledge that I have been provided with a copy of the (the "Company") , which contains important information on the Company's policies, procedures and benefits, including the policies on Anti-Harassment/Discrimination, Substance Use and Abuse and Confidentiality. I understand that I am responsible for familiarizing myself with the policies in this handbook and agree to comply with all rules applicable to me.

 

I understand and agree that the policies described in the handbook are intended as a guide only and do not constitute a contract of employment. This is the entire agreement between the Company and me regarding this subject. All prior or contemporaneous inconsistent agreements are superseded.

 

I understand that the Company reserves the right to make changes to its policies, procedures or benefits at any time at its discretion. I further understand that the Company reserves the right to interpret its policies or to vary its procedures as it deems necessary or appropriate.

 

I have received the Company . I have read (or will read) and agree to abide by the policies and procedures contained in the .

 

 

 

By: Date:

 

 

By: Date:

 

 

 

Important Details

 

Montana does not adhere the doctrine of employment at-will. The Wrongful Discharge from Employment Act Montana Code Annotated (MCA) 39-2-901, provides employers with a narrow window of "at-will" employment opportunities. "At-will" can be defined as the right of an employer to hire or fire for any reason that is not illegal or contrary to written policies. Only during the probationary period are employees working in Montana subject to discharge without "good cause." If the employer does not establish a specific probationary period at the time of hire, there is a probationary period of 6 months from the date of hire." Mont. Code Ann. § 39-2-904(2)(b). After the employee successfully completes his or her probationary period, the employee can only be terminated by "good cause" as defined by Montana law.

 

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