Employee Handbook Updated August 2014 ATC Employee Handbook INTRODUCTION This Employee Handbook is designed to help employees get acquainted with the Appalachian Trail Conservancy (“ATC”). It explains some of our philosophies and beliefs and describes, in general terms, some of our employment guidelines. This Employee Handbook supersedes and replaces any and all prior employee handbooks and any inconsistent or contradictory oral or written policy statements contained elsewhere. Additional policies not included in this handbook may be promulgated from time to time. Due to the demands and needs of our business, we may sometimes grant an exception to a policy or practice. This does not restrict our right to insist on adherence to the policy or practice in the future. If you have any questions or concerns about this Employee Handbook or any other policy or procedure, please ask your supervisor or the director of finance and administration. We hope that this handbook will serve as a useful reference document for all of our employees throughout their employment at ATC. This handbook is not a contract (express or implied) and does not guarantee employment for any particular period or any other rights. ATC reserves full discretion to add to, modify, or delete provisions of this handbook or any other policies and procedures at any time without advance notice, except as required by law. The “at will” nature of employment cannot be changed without a written agreement signed by the chair of the ATC. Nothing in this Handbook should be interpreted as overriding the legal principle that employment at ATC is “at will.” 2 This handbook only provides general guidance and may not be relied on by employees as establishing any particular terms and conditions of employment. This handbook is not intended as, and does not create, either expressly or by implication, an employment agreement. ATC Employee Handbook TABLE OF CONTENTS INTRODUCTION ........................................................................................................................................ 2 WELCOME………………. .......................................................................................................................... 6 COMPANY PHILOSOPHY ....................................................................................................................... 7 I. EMPLOYMENT POLICIES ............................................................................................................... 9 A. At-Will Employment ........................................................................................................................... 9 B. Equal Employment Opportunity ....................................................................................................... 9 C. Complaint Procedures for General and Sexual Harassment and Discrimination ...................................................................................................... 12 D. Open-Door Policy.............................................................................................................................. 13 E. Whistleblower Policy ......................................................................................................................... 13 II. EMPLOYMENT STATUS ................................................................................................................. 14 A. Immigration Act Compliance ........................................................................................................... 14 B. Credit and Criminal Background Checks and Motor Vehicle Records............................ …….15 C. Drug Screening .......................... ……………………………………………………………15 D. Recruitment ........................... ……………………………………………………………….15 E. Introductory Period ............................................................................................................................ 15 F. Employment Classifications .............................................................................................................. 16 G. Personnel Records............................................................................................................................... 17 H. Employee Information ....................................................................................................................... 17 III. TIME AND PAY .................................................................................................................................... 17 3 This handbook only provides general guidance and may not be relied on by employees as establishing any particular terms and conditions of employment. This handbook is not intended as, and does not create, either expressly or by implication, an employment agreement. ATC Employee Handbook A. Paydays................................................................................................................................................. 17 B. Overtime .............................................................................................................................................. 18 C. Timesheets........................................................................................................................................... 18 D. Final Paychecks.................................................................................................................................... 18 E. Pay Deductions .................................................................................................................................... 19 IV. EMPLOYEE BENEFITS .................................................................................................................... 19 A. Health Benefits .................................................................................................................................... 19 B. Other Benefits .......................... …………………………………………………………….20 C. Workers’ Compensation Insurance ................................................................................................. 22 D. Time Off .............................................................................................................................................. 23 V. ON THE JOB ......................................................................................................................................... 33 A. Work Week and Work Hours........................................................................................................... 33 B. Attendance and Punctuality .............................................................................................................. 34 C. Inclement Weather Policy .......................... …………………………………………………35 D. Nursing Breaks ................................................................................................................................... 35 E. Telecommuting Policy ....................................................................................................................... 35 F. Transfer of Employees ...................................................................................................................... 36 G. Nonsmoking Facility .......................................................................................................................... 36 H. Drug-Free Workplace ........................................................................................................................ 36 I. Workplace Violence ........................................................................................................................... 37 J. Crisis Management ............................................................................................................................. 37 K. Security Inspections ........................................................................................................................... 38 4 This handbook only provides general guidance and may not be relied on by employees as establishing any particular terms and conditions of employment. This handbook is not intended as, and does not create, either expressly or by implication, an employment agreement. ATC Employee Handbook L. Personal Belongings ........................................................................................................................... 38 M. Company-Owned Vehicles ............................................................................................................... 38 N. Personal Vehicles................................................................................................................................ 38 O. Scrap Materials and Parts .................................................................................................................. 39 P. Safety Equipment ............................................................................................................................... 39 Q. Company Tools .................................................................................................................................. 39 R. Energy Preservation and Waste Prevention ................................................................................... 39 S. Toxic Waste......................................................................................................................................... 39 T. Solicitation/Distribution ................................................................................................................... 40 U. Internet, E-mail, and Telephone Policy .......................................................................................... 40 V. Social Media .......................... ……………………………………………………………….42 W. Employee Conduct ............................................................................................................................ 44 X. Confidentiality..................................................................................................................................... 46 Y. Job Descriptions ........................ ……………………………………………………………47 Z. Performance Evaluations ....................... ……………………………………………………47 AA. Annual Performance Reviews ..................... ………………………………………………48 BB. Salary Grades ..................... ……………………………………………………………….48 CC. Media Inquiries/Employee References ....................................................................................... 48 DD. Electoral Activities .......................................................................................................................... 48 VI. EMPLOYEE DEPARTURE ............................................................................................................. 49 EMPLOYEE HANDBOOK ACKNOWLEDGMENT FORM ..................................................... 50 5 This handbook only provides general guidance and may not be relied on by employees as establishing any particular terms and conditions of employment. This handbook is not intended as, and does not create, either expressly or by implication, an employment agreement. ATC Employee Handbook Welcome! Welcome to the staff of the Appalachian Trail Conservancy (ATC)—a private, not-for-profit organization founded in 1925 and incorporated in 1936 under the laws of the District of Columbia as the Appalachian Trail Conference, updating its name on July 4, 2005, to better express its modern mission. All positions at ATC were created to serve one or more of the many elements of our mission: “The Appalachian Trail Conservancy’s mission is to preserve and manage the Appalachian Trail – ensuring that its vast natural beauty and priceless cultural heritage can be shared and enjoyed today, tomorrow, and for centuries to come.” ATC traces its roots to the vision of Benton MacKaye, a regional planner who convened an Appalachian Trail “conference” in 1925 in Washington, D.C. That initial gathering of hikers, foresters, and public officials laid the groundwork not only for the creation of a trail, but also for an organization to build, manage, and protect it. Today, through the efforts of volunteers, clubs, and agency partners, the Appalachian Trail extends more than 2,185 miles from Maine to Georgia within a protected 250,000-acre greenway. The Appalachian Trail Conservancy was instrumental in the passage of the federal legislation that designated the Appalachian Trail as America’s first completed national scenic trail in 1968. ATC has been delegated responsibility by the National Park Service to coordinate the management and protection of the Trail footpath and its surrounding corridor lands acquired by the National Park Service. ATC works closely with numerous federal, state, and local agencies and with 31 member clubs and their volunteers in the cooperative management of the Trail. ATC has close to 40,000 members and employs approximately 45 regular staff and numerous seasonal program employees. With a main office and official trail visitors center in Harpers Ferry, West Virginia, ATC remains singularly focused on the Appalachian Trail, with regional offices in North Carolina, Virginia, Pennsylvania, and Massachusetts and a remote sales-distribution center in Bardane, West Virginia. We are governed by five officers and an elected, volunteer Board of Directors, which adopts policies to be implemented through the executive director, who is the chief executive officer of the corporation. We are glad you are here, and we hope working at ATC will be a challenging and rewarding adventure! 6 This handbook only provides general guidance and may not be relied on by employees as establishing any particular terms and conditions of employment. This handbook is not intended as, and does not create, either expressly or by implication, an employment agreement. ATC Employee Handbook COMPANY PHILOSOPHY Our Mission The Appalachian Trail Conservancy’s mission is to preserve and manage the Appalachian Trail— ensuring that its vast natural beauty and priceless cultural heritage can be shared and enjoyed today, tomorrow, and for centuries to come. Our Vision The Appalachian Trail Conservancy’s vision is to connect the human spirit with nature – preserving the delicate majesty of the Trail as a haven for all to enjoy. We are committed to nurture and protect this sacred space through education and inspiration. We strive to create an ever-expanding community of doers and dreamers, and work to ensure that tomorrow’s generations will experience the same mesmerizing beauty we behold today. Our Values The Appalachian Trail Conservancy is guided by a set of core values that represent the organization’s commitment to preserve and manage the Appalachian Trail. We pursue our mission and vision by our dedication to: Volunteerism and Community Support: We exist through the generosity, talents, and support of our members, supporters, and our volunteers: the very soul of the Trail. Spirit of Cooperation: We cherish our partnerships with agencies, communities, clubs, volunteers, students, and citizens. We collaborate to achieve a common goal. Sustainability: We seek to minimize our impact on the environment and incorporate the ideals of sustainability in our everyday operations. Integrity: We act honorably in accordance with the highest standards of personal and professional conduct. We always hold ourselves responsible to fulfill our mission to the public. Passion for Excellence: We are determined to be the best at what we do as individuals and as an organization. We are passionate about our work and strive for excellence. Creativity & Innovation: We recognize the importance of innovation. We work hard to improve and become more effective in all of our endeavors. 7 This handbook only provides general guidance and may not be relied on by employees as establishing any particular terms and conditions of employment. This handbook is not intended as, and does not create, either expressly or by implication, an employment agreement. ATC Employee Handbook Empowerment: We strive to empower staff and volunteers to achieve personal and professional fulfillment in their lives. Health and Safety: We apply the highest standards of health and safety to our work practices. We expect our partners to do the same. Enjoyment: We value our work as a source of enjoyment and satisfaction. We are proud of the Trail and the growing Appalachian Trail community. Diversity: We are committed to supporting and sustaining a diverse organization that is fair, inclusive, and respectful. The Team Philosophy The Appalachian Trail Conservancy values its employees, whose welfare and concerns are very important to the success of the ATC. Understanding and acceptance of this fundamental principle is essential to building long-lasting business relationships. It is ATC’s intention to encourage a working environment based on mutual trust and confidence, which will provide opportunities for individual effort and reward. Every employee is considered a member of our team. Our success as an organization is built on the recognition of the skills and efforts made by each employee, and our policy is to work with all members of this team in a fair and friendly manner and treat each team member with dignity and respect. The management, as part of this team, will work continuously together with all employees for the benefit of our present and prospective members and partners in order to improve the ATC’s ability to fulfill its mission. This commitment will enable the ATC to accomplish three main goals: 1.) To provide fulfilling jobs for all employees at the ATC; 2.) To provide member and partner satisfaction with the provision of high-quality customer service, high-quality goods and information services; and 3.) To provide the most pleasant working conditions possible in order to create an environment that will allow our employees to excel to their fullest potential. General conditions such as safety, cleanliness, and employee accommodations will be evaluated periodically for improvement and always will compare favorably with good industry practice. Managers will meet with any team member to discuss suggested improvements in working conditions. Over all, the ATC will expect everyone to devote their best efforts to conduct an expanding business within which an atmosphere of harmony with opportunity for all will prevail. 8 This handbook only provides general guidance and may not be relied on by employees as establishing any particular terms and conditions of employment. This handbook is not intended as, and does not create, either expressly or by implication, an employment agreement. ATC Employee Handbook I. EMPLOYMENT POLICIES A. At-Will Employment ATC’s employment relationships are at will. This means that you are free to end your employment with ATC at any time, with or without any reason. Likewise, ATC also has the right to end your employment with or without any reason or notice. The only way that the “at-will” nature of employment can be changed is by a written agreement signed by the employee and the chair of the ATC. B. Equal Employment Opportunity General Policy ATC is committed to providing equal employment opportunity to all employees and applicants for employment. That means all employment-related decisions, including but not limited to recruitment, hiring, promoting, career development, compensation, and terminations are made without regard to race, religion, color, sex, pregnancy, childbirth or related medical conditions, sexual orientation, national origin, citizenship status, age, genetic information, marital status, or any other characteristic protected by applicable laws. ATC will reasonably accommodate an individual’s religious obligations and disabilities as required by law. ATC will not tolerate any unlawful discrimination. Violations of this policy may result in disciplinary action, up to and including termination. Any employee with questions about ATC’s EEO policies should contact ATC’s director of finance and administration for further information. Policy Prohibiting Harassment and Discrimination a. General Harassment and Discrimination ATC is committed to maintaining a work environment free of all forms of illegal harassment and discrimination. It is against ATC policy to harass or engage in conduct that denigrates or shows hostility or aversion toward an individual because of his or her race, color, sex, religion, national origin, citizenship status, sexual orientation, pregnancy, childbirth or related medical conditions, age, physical or mental disability, genetic information, marital status or any other characteristic protected by applicable laws. ATC is committed to enforcing its policy at all levels within ATC, and any employee who engages in prohibited discrimination or harassment will be subject to discipline, up to and including immediate discharge from employment for a first offense. 9 This handbook only provides general guidance and may not be relied on by employees as establishing any particular terms and conditions of employment. This handbook is not intended as, and does not create, either expressly or by implication, an employment agreement. ATC Employee Handbook Prohibited harassment may include, but is not limited to, epithets, slurs, derogatory comments or jokes, intimidation, negative stereotyping, threats, assault, or any physical interference with the employee’s normal work or movement. Harassment may also include written or graphic material placed on walls, bulletin boards or elsewhere on ATC’s premises or circulated in the workplace, including through e-mail, that denigrates or shows hostility or aversion toward an individual or group because of the characteristics identified above. b. Sexual Harassment or Other Unwelcome Sexual Conduct ATC is committed to providing a workplace free of sexual harassment and other unwelcome sexual conduct. For purposes of this policy, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, or physical conduct of a nature when: 1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; or 2. submission to, or rejection of, such conduct is used as the basis for employment decisions affecting the individual; or 3. such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment. Sexual harassment is not limited to demands for sexual favors. It also may include such actions as: (1) sex-oriented verbal “kidding,” “teasing,” or jokes; (2) repeated, unwelcome offensive sexual flirtations, advances, or propositions; (3) continued or repeated verbal abuse of a sexual nature; (4) graphic or degrading comments about an individual or his or her appearance; (5) the display of sexually suggestive objects or pictures; (6) subtle pressure for sexual activity; and (7) inappropriate, unwelcome physical contact. Such behavior is unacceptable in the work environment and in all other work-related settings, such as business trips and social events with other ATC personnel or business contacts. Of course, while this policy sets forth our goals of promoting an environment free of discrimination and harassment, it is neither designed nor intended to limit ATC’s authority to take disciplinary or remedial action for conduct we deem unacceptable, regardless of whether it satisfies the legal definition of discrimination/discriminatory harassment. c. Scope of Policy This policy prohibiting discrimination and harassment, whether sexual or of another nature, is not limited to relationships between and among employees and prospective employees but also extends to interaction with clients, customers, vendors, volunteers, and members. No employee shall ever subject any ATC client, customer, vendor, volunteer, member, or any 10 This handbook only provides general guidance and may not be relied on by employees as establishing any particular terms and conditions of employment. This handbook is not intended as, and does not create, either expressly or by implication, an employment agreement. ATC Employee Handbook prospective client, customer, volunteer or member to harassment of any nature, including that conduct described above. Furthermore, no employee will be required to suffer harassment by any client, customer, vendor, volunteer, member, vendor or supplier. Any unwelcome sexual overtures or other forms of harassment (sexual or otherwise) advanced by a client, customer, volunteer, member, vendor, or supplier should be reported immediately to ATC’s director of finance and administration. Anti-Retaliation Protections ATC strictly forbids retaliation against any employee for exercising a legal right, for making a complaint in good faith about perceived unlawful behavior (either internally or to an appropriate governmental authority), or for providing truthful information in an internal or governmental investigation. Retaliatory acts include any materially adverse action taken because an individual has made a complaint under this policy, assisted another in making such a complaint, participated in an investigation of a complaint, or engaged in other protected activity, if such action would be likely to dissuade a reasonable employee from making such a complaint. Employees should promptly bring any concerns about potential retaliation or illegal conduct to Human Resources. ATC will conduct a prompt and thorough investigation of all the circumstances surrounding the alleged incident(s) and will keep the complaint and investigation confidential to the extent practicable. If wrongdoing is discovered, ATC will take appropriate corrective and disciplinary action, up to and including termination. ADA Policy ATC is bound by the requirements of the Americans with Disabilities Act and is completely committed to treating all applicants and employees with disabilities in accordance with the requirements of that statute. ATC judges individuals by their abilities, not their disabilities, and seeks to give full and equal employment opportunities to all persons capable of performing successfully in ATC’s positions. ATC will provide reasonable accommodations to any qualified persons with disabilities who require them and urges employees and applicants who may be disabled and require accommodation to advise ATC of their particular needs. Information concerning individuals’ disabilities and requests for accommodation will be handled with the utmost discretion. ATC hopes that all employees will advise their supervisor or other management personnel when they become aware that persons with disabilities have special needs in our workplace. Genetic Information Nondiscrimination Policy ATC is bound by the Genetic Information Nondiscrimination Act of 2008 (“GINA”) and will not request or require genetic information of any employee or family member of the employee, except as specifically allowed by GINA, nor will ATC use genetic information in making decisions relating to any terms, conditions, or privileges of employment. “Genetic information,” as defined by GINA, includes an individual’s family medical history, the results of an individual’s 11 This handbook only provides general guidance and may not be relied on by employees as establishing any particular terms and conditions of employment. This handbook is not intended as, and does not create, either expressly or by implication, an employment agreement. ATC Employee Handbook or family member’s genetic tests, the fact that an individual or an individual’s family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual’s family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services. ATC shall keep confidential any genetic information that ATC possesses (e.g., by acquiring the information inadvertently or as part of an employee’s participation in a voluntary health or wellness program) and shall not discriminate against or retaliate against employees on the basis of such genetic information or for exercising their rights under GINA. C. Complaint Procedures for General and Sexual Harassment and Discrimination Any employee who believes that he or she has been the victim of any type of discriminatory conduct, including sexual or other forms of harassment, or that another ATC employee has been the subject of discrimination, should promptly advise his/her supervisor of that fact. If the employee feels uncomfortable discussing the issue with his/her supervisor, the employee should contact ATC’s director of finance and administration. If the employee feels uncomfortable about making a report to the director of finance and administration, he or she should report it directly to the executive director/CEO or the chair of the ATC. ATC prohibits any kind of retaliatory act against an individual who has complained in good faith about discrimination or assisted in the investigation of a complaint of discrimination or any other legally prohibited conduct. (See section above.) Supervisory employees who are aware of discriminatory conduct and fail to report it to ATC’s director of finance and administration will be subject to disciplinary action, up to and including termination. ATC will conduct a prompt and thorough investigation of all the circumstances surrounding the alleged incident and will keep the complaint and investigation confidential to the extent practicable. If the investigation leads ATC to conclude that an individual has committed an act of discrimination, that individual will be subject to appropriate disciplinary action, up to and including termination. If an employee is determined to have submitted a complaint that is based on information the employee knows to be false or that is not based on a good faith and a reasonable belief in the report’s truth and accuracy, that employee will be subject to appropriate disciplinary action, up to and including termination. Current contact information for ATC’s director of finance and administration and ATC’s chair is as follows: Stacey Marshall Director of Finance and Administration 799 Washington Street, P.O. Box 807 Harpers Ferry, WV 25425-0807 (304) 535-2200 x104 [email protected] Sandra Marra Chair, Appalachian Trail Conservancy 6245 Walkers Croft Way Alexandria, VA 22315 571-481-6099 [email protected] 12 This handbook only provides general guidance and may not be relied on by employees as establishing any particular terms and conditions of employment. This handbook is not intended as, and does not create, either expressly or by implication, an employment agreement. ATC Employee Handbook D. Open-Door Policy ATC encourages employees to come forward and discuss with their manager any problem they have, in order to resolve the issues quickly and efficiently. If your immediate supervisor is not able to satisfy your questions regarding the interpretation or application of this handbook or any other workplace issue, then you are free to contact the next higher level of supervision. If an employee has or foresees a problem that may interfere with that employee’s ability to adequately perform his or her responsibilities, the employee should discuss the matter with his or her supervisor immediately or with ATC’s director of finance and administration. If the matter cannot be resolved by ATC management, the employee may submit a formal letter to ATC’s Board of Directors, which in its sole discretion will determine whether any further action is necessary. E. Whistleblower Policy This policy (1) encourages employees, interns, and volunteers to come forward with credible information on illegal practices or serious violations of adopted policies of ATC; (2) specifies that ATC will protect the person from retaliation; and (3) identifies where such information can be reported. This policy applies only to ATC board members, officers, employees, interns, and volunteers. Encouragement of reporting. ATC encourages complaints, reports, or inquiries about illegal practices or serious violations of ATC’s policies, including illegal or improper conduct by ATC itself, by its leadership, or by others in its behalf. Appropriate subjects to raise under this policy would include financial improprieties, accounting or audit matters, ethical violations, or other similar illegal or improper practices or policies. Other subjects on which ATC has existing complaint mechanisms should be addressed under those mechanisms, such as raising matters of alleged discrimination or harassment via ATC’s Complaint Procedure for Harassment and Discrimination (page 12), unless those channels are themselves implicated in the wrongdoing. This policy is not intended to provide a means of appeal from outcomes in those other mechanisms. Protection from retaliation. ATC prohibits retaliation by or in behalf of ATC against employees, interns, or volunteers for making good-faith complaints, reports, or inquiries under this policy or for participating in a review or investigation under this policy. This protection extends to those whose allegations are made in good faith but prove to be mistaken. ATC reserves the right to discipline, up to and including termination, persons who make bad faith, knowingly false, or vexatious complaints, reports, or inquiries or who otherwise abuse this policy. 13 This handbook only provides general guidance and may not be relied on by employees as establishing any particular terms and conditions of employment. This handbook is not intended as, and does not create, either expressly or by implication, an employment agreement. ATC Employee Handbook Where to report. Complaints, reports or inquiries may be made under this policy on a anonymous basis. Complaints will be kept confidential to the extent practicable and legally permissible. They should describe in detail the specific facts demonstrating the bases for the complaints, reports, or inquiries. They should be directed to ATC’s executive director or chair. If both of those persons are implicated in the complaint, report, or inquiry, it should be directed to ATC’s Audit Committee Chair. ATC will conduct a prompt, discreet, and objective review or investigation. Employees and volunteers must recognize that ATC may be unable to fully evaluate a vague or general complaint, report, or inquiry that is made anonymously or report the result to the initiating volunteer or staff. CURRENT CONTACT INFORMATION: Ron Tipton Executive Director/CEO 799 Washington Street, P.O. Box 807 Harpers Ferry, WV 25425-0807 (304) 535-2200, ext/116 [email protected] Sandra Marra Chair, Appalachian Trail Conservancy 6245 Walkers Croft Way Alexandria, VA 22315 571-481-6099 [email protected] II. EMPLOYMENT STATUS A. Immigration Act Compliance The Immigration Reform and Control Act of 1986 (“Immigration Act”) requires that ATC ensure that its employees are authorized for employment in the United States. Only individuals lawfully authorized to work in the United States will be employed by ATC. In connection with the Immigration Act, ATC will collect certain information, including Social Security number verification and the Employment Eligibility Verification Form (“I-9”). This form is required to be completed no later than the first day of employment with ATC. Information collected for Immigration Act compliance will be used only for compliance with the Immigration Act requirements and not for any unlawful purpose. If your employment authorization form has an expiration date, you are required to present documentation of continued eligibility to work in the United States prior to the expiration date. ATC will cooperate with the appropriate government agencies regarding employment authorization. The giving of false information in respect to such compliance will result in appropriate disciplinary action, up to and including termination. 14 This handbook only provides general guidance and may not be relied on by employees as establishing any particular terms and conditions of employment. This handbook is not intended as, and does not create, either expressly or by implication, an employment agreement. ATC Employee Handbook B. Credit and Criminal Background Checks and Motor Vehicle Records ATC may conduct preemployment credit checks and criminal-history verification on all applicants who are offered and accept employment, in compliance with all applicable federal, state, and local laws. ATC will obtain an applicant’s written consent before performing any such background check. If ATC chooses to revoke an offer of employment based on the content of any credit or criminal history report, it will inform the applicant and provide the applicant with a copy of the report. ATC will only deny employment based on information in credit and criminal history reports that bears a direct relationship to the applicant’s ability to perform job duties and has not been sealed or expunged by court order. Prospective employees expected to drive company vehicles must provide ATC with current and acceptable motor vehicle driving information. Employment and assignment will be conditional pending the receipt of a driving record acceptable to our insurer. Any changes to your driving record must be reported to ATC’s director of finance and administration in a timely manner. C. Drug Screening ATC may conduct preemployment drug testing on all applicants who are offered and accept employment, in compliance with all applicable federal, state, and local laws. All such testing will be carried out under reasonable and sanitary conditions with due regard to the potential employee’s privacy. No potential employee will be required to pay a fee for required drug screening. D. Recruitment As a general rule, ATC will seek to inform all employees of job openings. Employees interested in being considered may express their interest by submitting their résumé with a cover letter stating why they believe they are qualified. In general, a number of candidates will be considered for openings to ensure that the most qualified person is hired. One-candidate recruiting is discouraged. Normally, before any offer of employment is made to an applicant for any position at ATC, a selection panel will interview the applicant(s). This panel will generally include a small group of individuals, including the supervisor. ATC requires all candidates for employment to complete an employment application. Certain ATC positions may also require a driving record and/or criminal or credit background check. If such checks are required, the employee will be notified in advance. E. Introductory Period Each new employee is subject to an introductory period. During this time, you will get to know ATC and the job you were hired to perform. At the same time, ATC will have an opportunity to evaluate your performance and suitability for continued at-will employment. The introductory period is 90 days from the date you begin to work. Under certain conditions, your supervisor or manager may extend the introductory period or may terminate the employment 15 This handbook only provides general guidance and may not be relied on by employees as establishing any particular terms and conditions of employment. This handbook is not intended as, and does not create, either expressly or by implication, an employment agreement. ATC Employee Handbook relationship before the end of the introductory period. All employment retains its at-will status at all times. Either ATC or the employee may still terminate the relationship at any time, for any reason, or for no reason. F. Employment Classifications Your job is classified as one of the following: Full-time: An individual regularly scheduled to work 35 hours or more per week. Part-time: An individual regularly scheduled to work less than 35 hours but more than 20 hours per week. Part-time hours are set by the supervisor in accordance with the needs of the organization. Seasonal: An individual hired to work on a specific project that is expected to be completed in less than 12 months. Temporary: An individual hired as a temporary replacement for regular full-time or regular parttime employees or for short periods of employment such as summer months, peak periods, and vacations. Intern: An individual, either paid or unpaid, working on a specific project that is expected to be completed in less than a 15-month period and usually associated with university requirements. In addition to the above categories, your job is also classified as either exempt or nonexempt: Exempt: The exempt category includes certain administrative, professional, executive, and supervisory employees who are not subject to the overtime requirements of federal and applicable state wage-and-hours law. Exempt employees do not receive overtime. Exempt employee salaries take into account that they sometimes work long hours outside the confines of the conventional work day or week. Nonexempt: The nonexempt category includes employees who do not fall into any exempt category. Nonexempt employees are paid overtime compensation for any hours worked in excess of forty (40) hours in a single work week Any time worked in excess of 35 hours per week must be approved in advance in writing by the employee’s supervisor, as explained in the Overtime Policy (as described in Section III.B). G. Personnel Records 16 This handbook only provides general guidance and may not be relied on by employees as establishing any particular terms and conditions of employment. This handbook is not intended as, and does not create, either expressly or by implication, an employment agreement. ATC Employee Handbook ATC takes all reasonable measures to safeguard personal employee information in its possession to ensure the confidentiality of that information. Additionally, ATC only will collect personal information required to pursue its business operations and to comply with government reporting and disclosure requirements. Personal employee information is considered confidential and, as such, will be shared only as required and only with those who have a need to access such information. In accordance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and other applicable laws, ATC will protect any medical information as confidential, holding such records separate and apart from other personnel records. For an employee’s benefit and the protection of ATC, ATC’s director of finance and administration must be notified in writing of any changes in an employee’s name, address, home telephone number, marital status, number of dependents claimed for tax purposes, persons to notify in case of an emergency, and any other change that might affect payroll and benefits administration. Such notification should occur as soon as possible after such a change. H. Employee Information Employees are asked to help keep ATC informed about any major change that may affect their tax status. Important changes to report include: • Name • Address • Home telephone number • Marital status • Number of dependents • Emergency telephone numbers and whom to notify in case of emergency • Change of beneficiary • Authorized payroll deductions • Additional education and special training courses III. TIME AND PAY A. Pay Days Earnings will be paid every other Friday for the two-week period that ended the previous Sunday. All employees must complete timesheets in order to be paid. The correct allocation of time to programs/projects is essential to ATC’s budget and accounting practices. All timesheets must be submitted and approved by the employee’s supervisor by noon on Monday the week following the pay-period close. If unable to submit or approve timesheets, it is the employees’ responsibility to 17 This handbook only provides general guidance and may not be relied on by employees as establishing any particular terms and conditions of employment. This handbook is not intended as, and does not create, either expressly or by implication, an employment agreement. ATC Employee Handbook make arrangements in advance to complete their timesheets. Any questions regarding your timesheet should be directed to your supervisor or to ATC’s payroll specialist. B. Overtime Overtime compensation is paid to all nonexempt employees in accordance with applicable wageand-hour laws. Overtime pay is based on actual hours worked; time off on holidays, paid time off, or any leave of absence will not be considered hours worked for overtime calculations. In calculating hours worked for purposes of overtime pay, lunch periods of 30 minutes or more are not included. ATC maintains a 35-hour work week. Hours worked by nonexempt employees in excess of 35 hours but fewer than 40 hours per week are paid at an employee’s standard rate of pay. Overtime worked in excess of 40 hours per week is normally paid at a rate of 1.5 times an employee’s regular hourly rate. All time worked by nonexempt employees in excess of 35 hours per week must be approved in advance by an employee’s supervisor. Failure to receive authorization prior to working overtime will result in discipline, up to and including termination. Exempt employees’ compensation takes into account the fact that they are paid for the job for which they were hired and may have to work long hours to fulfill their job responsibilities, and thus they do not receive overtime. C. Timesheets All employees are required to complete a timesheet each pay period, recording on a daily basis the time they began working and the time they stopped working and any breaks from work activities for meals or any other nonwork activity of at least 30 minutes. Hours must be allocated among departments and/or programs. Each employee must accurately record all time worked on his or her timesheet, including, for nonexempt employees, any overtime. Supervisors are responsible for reviewing employee timesheets to ensure that they are accurate before approving them. With the exception of certain seasonal employees, who do not have access to a computer, employees may not fill out timesheets by or in behalf of other employees. Violations of this policy, including dishonesty in filling out timesheets, will subject an employee to discipline, up to and including termination. If anyone within the company instructs you either to not complete your timesheet or to complete it inaccurately, immediately report this to ATC’s director of finance and administration. D. Final Paychecks Unless otherwise required by state or local law, employees who are discharged or voluntarily leave will receive their final paycheck no later than the next regularly scheduled payday or their last day of work if they quit or resign with a full pay-period’s notice. Massachusetts employees will receive their final paychecks on their date of discharge. Final paychecks will include all wages and any accrued but unused annual leave through the date of separation. 18 This handbook only provides general guidance and may not be relied on by employees as establishing any particular terms and conditions of employment. This handbook is not intended as, and does not create, either expressly or by implication, an employment agreement. ATC Employee Handbook E. Pay Deductions Each paycheck will reflect deductions required by law. These deductions include federal, state, and local income taxes as well as Social Security and Medicare taxes. At your request, deductions may also be made for programs and benefits beyond those required by law. If you do not understand how or why deductions are being calculated, please contact ATC’s director of finance and administration. Deductions from the salary of an exempt employee will only be made in accordance with applicable law. For example: Deductions may be made when the employee misses work for one or more full days for personal reasons or for sickness or disability where the employee does not yet qualify for paid leave or has exhausted all available paid leave. Deductions may be made for unpaid disciplinary suspensions of one or more full days for violating conduct rules. The exempt and fulltime nonexempt employee will be paid his/her full salary for any week in which the employee is absent for jury duty, attendance as a witness, or on temporary military leave (minus any amounts received by the employee as jury fees, witness fees, or military pay for that week), provided that the employee performs work for ATC during that week. The exempt employee need not be paid his/her salary for any work week where the employee performed no work, and the exempt employee’s salary may be prorated if the employee starts or ends employment with ATC part-way through a work week. Any exempt employee who believes that earned pay has been subjected to deductions not specifically authorized above must inform his/her supervisor immediately so that any erroneous deduction can be rectified promptly. IV. EMPLOYEE BENEFITS ATC reserves the right to modify, add, or delete the benefits it offers, including its contribution to them, if applicable. Employees will be notified as soon as feasibly possible of any such changes. Questions or requests for further information should be addressed to ATC’s director of finance and administration. A. Health Benefits Medical and Hospitalization Insurance The ATC maintains a group hospitalization and medical insurance program. Each full-time employee is eligible for benefits under this program. Full-time employees are eligible for this program starting on the first of the month following the month they started work. For example, if you started work on the 15th of January, you would be eligible to have elected benefits take effect on February 1. The same group plan also is available to part-time employees, provided that the employee meets all other applicable plan qualifications. Because those health benefit programs are subject to change for a variety of reasons, if there are any discrepancies between what is referenced in this handbook and the particular benefit-plan documents, the benefit-plan documents will govern. 19 This handbook only provides general guidance and may not be relied on by employees as establishing any particular terms and conditions of employment. This handbook is not intended as, and does not create, either expressly or by implication, an employment agreement. ATC Employee Handbook Continuation of Group Health Insurance In compliance with the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”), ATC offers employees and/or their covered dependents the opportunity for a temporary extension of health coverage (called “continuation coverage”) at group rates in certain instances where coverage under the plan would terminate. Any questions about COBRA continuation coverage should be directed to ATC’s director of finance and administration. Dental Insurance ATC offers an employee-paid dental insurance plan. Details are provided in a separate benefits summary. B. Other Benefits Retirement Plan To help you plan for retirement, ATC offers our full- and part-time employees the opportunity to enroll in a 403(b) plan. You are eligible to start saving your own pretax dollars as early as the first of the month following your date of hire. Employee deferrals are made through payroll deductions on a biweekly basis. After one year of employment, full- and part-time employees are eligible to receive a twopercent discretionary company contribution. In order to receive the company contribution, an employee must have been employed by ATC continuously for twelve (12) months, worked a minimum of one thousand (1,000) hours per year, and enrolled in the ATC employer contribution 403(b) plan. Individuals who have completed one year of service are also able to enjoy a company match beyond the discretionary two-percent (2%) level that has a upper limit of 3%, as illustrated below. Length of Employment Employee Contribution After 1 year of service After 1 year of service After 1 year of service 0% 1% 2% ATC discretionary Employer Match Contribution 2% 2% 2% 0% 1% 3% While an employee does not need to contribute his/her own money into a 403(b) account in order to receive the two-percent (2%) discretionary company contribution, they will need to set up a 403(b) account by completing the appropriate enrollment form, identifying investment choices, and submitting completed forms to ATC’s director of finance and administration. Once deposited into your account, company contributions are fully (100%) vested. 20 This handbook only provides general guidance and may not be relied on by employees as establishing any particular terms and conditions of employment. This handbook is not intended as, and does not create, either expressly or by implication, an employment agreement. ATC Employee Handbook Life Insurance Each regular full-time employee is covered by group life insurance at no cost to the employee. This coverage becomes effective at the same time as the group health insurance. Life insurance and accidental death and dismemberment (AD&D) coverage are provided to eligible full-time ATC employees at no cost to the employee. Coverage is effective the first of the month following thirty (30) days of employment. Life and AD&D benefits are calculated at two times the employee’s annual salary, subject to a policy limitation. If you would like to update or change your beneficiary information, please alert ATC’s director of finance and administration. Long Term Disability Insurance ATC also provides a long-term disability (LTD) insurance benefit. LTD coverage picks up after ninety days (90 days) of disability and pays sixty percent (60%) of the employee’s monthly salary, with a maximum monthly benefit of $5,000. In the event of a permanent disability, benefits are paid up to the age of 65. Appalachian Trail Conservancy’s Flexible Spending Account (FSA) Services Managed by PayChex ADP's Flexible Spending Account (FSA) Services provide an easy-to-use, affordable way for ATC employees to contribute before-tax dollars toward health and dependent care expenses. For more information about FSA services, please contact ATC’s director of finance and administration. Educational Assistance ATC encourages its employees to participate in continuing education programs that relate to their specific job at ATC. ATC may reimburse eligible employees for specified expenses incurred in educational experiences that assist them in their professional development. Requests for reimbursement for continuing education will be reviewed on a first-come, firstserved basis and in the context of funds available for that purpose in any given year. To be eligible for educational assistance, the employee must meet the following criteria: • • Be a regular, full-time employee in good standing and employed by ATC for a minimum of three months. Submit a written request for educational-expense reimbursement to ATC’s director of finance and administration, listing the precise reason for this request with a detailed listing of the desired educational program, using the Educational Assistance Request Form. This 21 This handbook only provides general guidance and may not be relied on by employees as establishing any particular terms and conditions of employment. This handbook is not intended as, and does not create, either expressly or by implication, an employment agreement. ATC Employee Handbook • • form can be obtained from ATC’s director of finance and administration. The employee must submit the completed Educational Assistance Request Form at least 30 days prior to commencement of the program for which reimbursement is sought. Provide documentation of successful completion of the program to ATC’s director of finance and administration, such as official transcripts of enrollment or grade reports. Employees will only be eligible for reimbursement for completed continued education that receives a “B” letter grade or better or a completion certificate if no letter grade is given. Sign an agreement to repay the reimbursement should the employee resign from ATC within six months after the date of reimbursement. Educational assistance is at the complete discretion of ATC management. Submission of the required paperwork does not necessary mean assistance will be granted. Any special cases or situations not listed above will be decided at the discretion of management. Employee Assistance Program (EAP) ATC provides an Employee Assistance Program (EAP). The EAP is a confidential counseling, assessment, and referral program designed to help you manage work and life problems. Just as health insurance is designed to address your physical well-being, your EAP program is designed to address your emotional and mental well-being, as well as to help you to manage work/life problems and achieve a healthy work/life balance. It is a comprehensive and confidential program in your benefit package. For more information about accessing and using the EAP, please contact ATC’s director of finance and administration. C. Workers’ Compensation Insurance As required by law, ATC provides each employee with workers’ compensation insurance at no cost to the employee. This insurance provides for medical expenses and a percentage of your income if you are injured as a result of your employment. You should report any job-related injury or illness immediately to your supervisor and to ATC’s human resources and benefits administrator, no matter how minor the injury or illness may seem. You should seek medical treatment promptly. While ATC encourages the reporting of valid job-related injury or illness, employees are expected to not abuse the workers’ compensation benefits policy. ATC reserves the right to investigate the legitimacy of any claim for workers’ compensation and will take appropriate disciplinary action where an employee is found to have deliberately filed a false claim. D. Time Off Holidays 22 This handbook only provides general guidance and may not be relied on by employees as establishing any particular terms and conditions of employment. This handbook is not intended as, and does not create, either expressly or by implication, an employment agreement. ATC Employee Handbook ATC recognizes the following holidays: New Year’s Day (January 1) Martin Luther King, Jr., Day (third Monday in January) Presidents Day (third Monday in February) Memorial Day (last Monday in May) Independence Day (July 4) Labor Day (first Monday in September) Columbus Day (second Monday in October) Thanksgiving Day (fourth Thursday in November) Day after Thanksgiving Christmas Eve (December 24) Christmas Day (December 25) In addition to the holidays listed above, each full-time ATC employee will be offered one personal day per year. Holidays falling on a Saturday will be recognized on the preceding Friday. Holidays falling on a Sunday will be recognized on the following Monday. Regular full-time employees are entitled to holiday pay. Part-time employees are entitled to holiday pay if they were regularly scheduled to work the day on which the holiday falls. Annual Leave Annual leave is available to eligible employees to provide opportunities for rest, relaxation, and personal pursuits. Annual leave is paid at the employee’s base pay rate at the time of taking of the leave. Employee Eligibility: Regular full-time and regular part-time employees accrue annual leave on a per pay-period basis. Accrual of Annual Leave: Years of service shall be determined by the date the eligible employee was hired and not on a calendar-year basis. An employee accrues annual leave from the first day of employment. 23 This handbook only provides general guidance and may not be relied on by employees as establishing any particular terms and conditions of employment. This handbook is not intended as, and does not create, either expressly or by implication, an employment agreement. ATC Employee Handbook For their first year of employment, each regular full-time employee will accrue annual leave at a rate of 2.69 hours per pay period, up to a maximum of two (2) weeks. Each regular part-time employee will accrue annual leave at a rate of 1.35 hours per pay period, up to a maximum of one (1) week. Starting from their one-year anniversary date through their five-year anniversary date, regular full-time employees accrue annual leave at a rate of 4.04 hours per pay period, up to a maximum of three (3) weeks a year, and regular part-time employees accrue leave at a rate of 2.02 hours per pay period, up to maximum of 1.5 weeks a year. Starting from their five-year anniversary date through their ten-year anniversary date, regular full-time employees accrue annual leave at a rate of 5.39 hours per pay period, up to a maximum of four (4) weeks per year, and regular part-time staff accrue annual leave at a rate of 2.70 hours per pay period, up to a maximum of two (2) weeks per year. After their ten-year anniversary, regular full-time employees accrue annual leave at a rate of 6.73 hours per pay period, up to a maximum of five (5) weeks a year, and regular part-time employees accrue leave at a rate of 3.37 hours per pay period, up to maximum of 2.5 weeks a year. Annual Leave Carryover Employees may carry over up to a maximum of 10 days (70 hours) of annual leave into the next calendar year. Termination and Annual Leave Unused accrued annual-leave balances of separating employees will be paid as taxable wages in the employee’s final paycheck. Should an employee terminate and have a negative balance of annual leave, ATC has the right to recoup the amount of annual leave advanced to the employee. Where allowed by law, ATC will deduct that amount of negative annual leave from the employee’s final paycheck. If there is not enough in the employee’s final paycheck to cover the full amount of negative annual leave balance, or if deducting from wages is prohibited by applicable law, ATC will request repayment from the employee. ATC reserves its right to pursue legal action if necessary to recoup any amounts owed. Annual Leave Scheduling An employee must receive approval from his/her manager as early as possible when planning to take annual leave in order to ensure workload coverage. ATC reserves its right to deny any leave request for annual leave based on business need. If multiple individuals 24 This handbook only provides general guidance and may not be relied on by employees as establishing any particular terms and conditions of employment. This handbook is not intended as, and does not create, either expressly or by implication, an employment agreement. ATC Employee Handbook request the same dates off and all individuals cannot be out, based on business needs, the decision as to which leave request will be granted will be made based on which request was made earlier, the importance of the need to take leave on those particular dates (for example, to attend a family member’s wedding or a particular event), and the amount of recent annual leave time taken for vacation purposes by the employees. If an authorized ATC holiday occurs within an employee’s annual-leave period, time off for the holiday will not be counted as annual leave. However, if an administrative-leave day is declared while an employee is on annual leave, the time off will be considered annual leave. Except in unusual circumstances, such as a medical emergency requiring hospitalization, if an illness occurs during an annual-leave period, sick leave may not be substituted for those days during annual leave when the employee was ill. Sick Leave Sick leave is available to eligible employees and is paid at the employee’s base pay rate at the time of taking of the leave. Each regular full-time employee accrues sick leave at a rate of 3.23 hours per pay period, up to a maximum of 12 days per year, and each regular part-time employee accrues sick leave at a rate of 1.62 hours per pay period, up to a maximum of 6 days per year. Employees may carry over accrued and unused sick leave from year to year until the employee reaches a maximum of 90 days of sick leave. Once an employee reaches the 90-day cap, that employee will not accrue additional sick leave until the employee uses sick leave and his or her accrued balance drops below the 90-day cap. Employees who, at the time of this Handbook’s release, have already accrued more than 90 days of sick leave may continue to carry over and use such leave, but also will not accrue any additional sick leave until that employee’s accrued sick leave balance drops below 90 days. Accrued but unused sick leave will not be paid out upon termination. ATC reserves the right to require written proof of illness from a health-care provider before or after granting sick leave with pay, especially for absences of more than three consecutive days. Sick leave may be used by employees to care for immediate family members (parents, spouse, dependent children, or domestic partner). Time off from work for medical or dental appointments may be considered sick leave or annual leave at the employee’s discretion. Employees are obliged to notify their supervisor when they will not be reporting for work due to illness or, in the supervisor’s absence, to the next senior individual in the office. Requests for extended leave for medical reasons, including up to three months of unpaid leave, will be reviewed by the supervisor and must be approved by the department director. 25 This handbook only provides general guidance and may not be relied on by employees as establishing any particular terms and conditions of employment. This handbook is not intended as, and does not create, either expressly or by implication, an employment agreement. ATC Employee Handbook Bereavement Leave In the event of a death of an employee’s parent, grandparent, spouse, partner, child, or sibling, the employee may take up to three (3) days of paid leave for arrangements and/or services. Bereavement leave will not be charged against an employee’s accrued annual leave or sick leave. Family and Medical Leave ATC provides family and medical leaves of absence without pay in accordance with the federal Family and Medical Leave Act (“FMLA”). To the extent the state or locality in which an employee works provides more generous leave benefits, ATC will grant leave under the state or local law as well. Eligibility for Leave You may be eligible for a leave of absence under the federal Family and Medical Leave Act (“FMLA”) if you have at least 12 months of service with ATC, have worked at least 1,250 hours during the 12-month period immediately preceding the request for leave, and work at a location with 50 or more employees within a 75-mile radius. Eligible employees may typically take up to twelve (12) work weeks of unpaid leave during any twelve (12)-month rolling period for qualifying reasons. A husband and wife who are both employees of ATC may only take a combined total of twelve (12) weeks in a twelvemonth period under federal FMLA for the birth, adoption, or placement of a child. Leave for birth and care, or placement for adoption or foster care must conclude within twelve months, beginning on the date of the birth or placement. Employees must use accrued sick leave during the twelve-week period until such leave has been exhausted. The employee will be paid for the period in which the employee uses accrued sick leave and the remainder of the twelve (12) weeks of leave will be unpaid. Use of paid leave (including any disability or workers compensation benefits) runs concurrently with the employee’s FMLA leave. Basis for Leave FMLA leave may be taken for the following reasons: • For incapacity due to pregnancy, prenatal medical care, or childbirth; • To care for an employee’s child during the first 12 months after the child’s birth or the placement of the child with the employee for adoption or foster care; • To care for the employee’s child, spouse, or parent with a serious health condition, as defined under the FMLA; or • For the employee’s own serious health condition, as defined under the FMLA. 26 This handbook only provides general guidance and may not be relied on by employees as establishing any particular terms and conditions of employment. This handbook is not intended as, and does not create, either expressly or by implication, an employment agreement. ATC Employee Handbook Eligible employees with a spouse, son, daughter, or parent on active duty or called to active duty status in the National Guard or Reserves in support of a contingency operation may use their federal FMLA 12-week leave entitlement to address certain qualifying exigencies. Eligible employees may also take up to 26 weeks of leave to care for a covered service member with a serious injury or illness during a single 12-month period. The amount of an employee leave entitlement is calculated on a rolling 12-month basis in all instances. FMLA leave taken for any purpose counts towards the employee’s total FMLA entitlement for the 12month period. Definitions “Active duty or call to active duty status” means duty under a call or order to active duty (or notification of an impending call or order to active duty) in support of a contingency operation as defined by the implementing regulations of the FMLA. A “contingency operation” is one that is either designated by the Secretary of Defense as one where members of the armed forces may become involved in military action or one which results in a call to active duty during a war or national emergency declared by the President or Congress. A “covered service member” is a current member of the armed forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the service member medically unfit to perform his or her duties for which the service member is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list. “Next of kin” is the nearest blood relative, other than the covered service member’s spouse, parent, son, or daughter, in the following order of priority: blood relatives who have been granted legal custody of the service member by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered service member has specifically designated in writing another blood relative as his or her nearest blood relative for purposes of military caregiver leave under the FMLA. When no such designation is made, and there are multiple family members with the same level of relationship to the covered service member, all such family members shall be considered the covered service member’s next of kin and may take FMLA leave to provide care to the covered service member, either consecutively or simultaneously. When such designation has been made, the designated individual shall be deemed to be the covered service member’s only next of kin. A “qualifying exigency” may include attending certain military events, arranging for alternative child care, addressing certain financial and legal arrangements, attending certain counseling 27 This handbook only provides general guidance and may not be relied on by employees as establishing any particular terms and conditions of employment. This handbook is not intended as, and does not create, either expressly or by implication, an employment agreement. ATC Employee Handbook sessions, and attending post-deployment reintegration briefings, or other related exigencies as specified by the Secretary of Labor. A “serious health condition” is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health-care provider for a condition that either prevents the employee from performing the functions of the employee’s job, or prevents the qualified family member from participating in work, school, or other daily activities. Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than three consecutive calendar days combined with at least two visits to a health-care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment. Intermittent Leave and Reduced Schedule Leave In certain situations when certified to be medically necessary due to a serious health condition of the employee or a family member, or for service-member family leave and qualifying exigency leave, you may be able to take leave in nonconsecutive blocks of time (“intermittent leave”); or you may work fewer hours than your regular work day or work week (“reduced leave schedule”). ATC may request certification of the need for intermittent or reduced leave, and you must make reasonable efforts to schedule treatment so as not to unduly disrupt ATC’s operations. If the leave is for your own serious health condition, you may use sick leave, vacation leave, or leave without pay. ATC may temporarily transfer you during the period of the your intermittent or reduced schedule to an alternative position with equivalent pay and benefits for which you are qualified and which better accommodates recurring periods of leave. ATC does not permit intermittent leave or reduced leave schedule for birth of a child, adoption or foster care, except with prior written approval. In these cases, the regular policies for the use of vacation leave and leave without pay apply unless the mother has a serious health condition in connection with the birth of her child or the newborn child has a serious health condition, in which case the regular policies for the use of sick leave also apply. Certification If you are requesting leave because of your own or a covered relative’s serious health condition, you must submit the appropriate written medical certification from a qualified health-care provider to your immediate supervisor and ATC’s director of finance and administration. Failure to provide the requested medical certification within 15 days may result in denial or suspension of leave until it is submitted. In appropriate cases, ATC may require you to obtain a second opinion from a health-care provider chosen by the 28 This handbook only provides general guidance and may not be relied on by employees as establishing any particular terms and conditions of employment. This handbook is not intended as, and does not create, either expressly or by implication, an employment agreement. ATC Employee Handbook organization. Such second opinion will be paid for by ATC. In appropriate cases, a third opinion may also be required to be obtained from a mutually agreed-upon health-care provider at ATC’s expense. An employee requesting military family member leave must submit documentation demonstrating the circumstances supporting the need for military family leave. Employee Responsibilities Employees must provide 30 days’ advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days’ notice is not possible, the employee must provide notice as soon as practicable (normally, within no more than two business days) and must comply with ATC’s normal call-in procedures. Employees must provide sufficient information for ATC to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health-care provider, or circumstances supporting the need for military family leave. Employees also must inform ATC if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also may be required to provide a certification issued by the health-care provider of the employee or the employee’s family member and periodic recertification supporting the need for leave or certification supporting the need for family military leave. The employee must provide the requested certification in complete and sufficient form within 15 calendar days, or the leave may not qualify for FMLA protection. In addition, in the case of leave for the employee’s own serious health condition, ATC may require the employee to present a fitness-for-duty certification that addresses the employee’s ability to perform the essential functions of the employee’s position, in order for the employee to be restored to employment. Employees may not use FMLA leave to work a second job. An employee who violates this policy will not be entitled to the FMLA’s job restoration or maintenance of health benefits provisions. Failure to provide timely practicable notice may result in delay of the FMLA coverage for the leave. Reporting While On Family Leave and Medical Leave 29 This handbook only provides general guidance and may not be relied on by employees as establishing any particular terms and conditions of employment. This handbook is not intended as, and does not create, either expressly or by implication, an employment agreement. ATC Employee Handbook If you take leave because of your own serious health condition or to care for a covered relative, you must contact ATC (your immediate supervisor and ATC’s director of finance and administration) at least once each month to update ATC on the condition and your intention to return to work. In addition, you must give notice as soon as practicable (within two business days, if feasible) if the dates of leave change or are extended. Pay and Benefits Status while on Family and Medical Leave During FMLA leave, ATC will maintain the employee’s health coverage under any group health plan on the same terms as if the employee had continued to work. An employee on FMLA leave must continue to pay any share of a group health-plan premium that had been paid by the employee prior to FMLA leave. Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms. Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee’s leave. In the event an employee who has taken family or medical leave fails to return from leave and that failure is not caused by circumstances beyond the employee’s control, ATC may require the employee to repay to ATC the premiums paid by ATC to maintain the employee’s health insurance during any unpaid portion of the leave period. An employee who returns to work for at least 30 calendar days is considered to have “returned” to work. ATC may require employees to submit certification of their fitness to return to work, if the employee’s absence was for the employee’s own serious health condition. Employer Responsibilities ATC will inform employees requesting leave whether they are eligible under FMLA. If they are, ATC will specify any additional information required as well as the employees’ rights and responsibilities. If the employee is not eligible, ATC will provide a reason for the ineligibility. ATC will inform employees if leave will be designated as FMLA-protected and the amount of leave counted against the employee’s leave entitlement. If ATC determines that the leave is not FMLA-protected, it will notify the employee. Key Employees ATC may designate salaried employees who are among the highest compensated of all employees as “key employees.” If you are designated as a “key employee,” ATC will inform you in writing of that designation at the beginning of your FMLA leave. ATC may notify a key employee in writing, in person or by certified mail, that it needs the key employee to forgo FMLA leave or to return to work prior to the expected end of his or her FMLA leave to avoid substantial and grievous economic injury to the operations of ATC. At that point, the key employee may opt to return to work in response to the notice and must be reinstated to the same or a substantially equivalent job. Alternatively, the key employee will have the 30 This handbook only provides general guidance and may not be relied on by employees as establishing any particular terms and conditions of employment. This handbook is not intended as, and does not create, either expressly or by implication, an employment agreement. ATC Employee Handbook right to continue on FMLA leave, with the same rights to maintenance of health benefits as other employees on FMLA leave, but the key employee will not have the right to reinstatement at the end of the scheduled leave. The key employee is still entitled to request reinstatement, but ATC may deny the request for reinstatement if it will suffer substantial and grievous economic injury if it reinstates the key employee, based on the facts at the time (e.g., if ATC has had to replace the key employee during his or her leave). Additional Leave If you request additional leave beyond the FMLA entitlement, it is at ATC’s discretion whether or not to grant the leave. If granted, the leave would be unpaid “other leave” and there would be no guarantee of reinstatement. Employees are expected to pay the full cost of insurance premiums while on other unpaid leave. Miscellaneous Provisions ATC may hold in abeyance or proceed with counseling, performance review, or disciplinary action, including discharge that was planned prior to any employee’s request for leave of absence or that ATC would otherwise have taken had the employee not been on leave. If any action is held in abeyance during the leave of absence, ATC reserves the right to proceed with the action upon the employee’s return. Requesting or taking a leave of absence in no way relieves employees of their obligation while on the job to perform their job responsibilities capably and up to the expectations of ATC and to observe all policies, rules, and procedures of ATC. Anti-Retaliation Provision It is illegal and a violation of this policy for any employee to: • Interfere, with, restrain, or deny the exercise of any right provided under FMLA; • Discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA. Employees with questions about the FMLA or who believe there has been a violation of the FMLA should contact ATC’s director of finance and administration. The FMLA does not affect any federal or state law prohibiting discrimination or supersede any State or local law or collective-bargaining agreement which provides greater family or medical leave rights. Employees have the right to file a complaint with the U.S. Department of Labor or to bring a private lawsuit for violations of the FMLA. The FMLA (29 U.S.C. § 2619) requires FMLA-covered employers to post the text of this notice. Regulations implementing the FMLA (29 C.F.R. § 825.300) may also require additional disclosures. 31 This handbook only provides general guidance and may not be relied on by employees as establishing any particular terms and conditions of employment. This handbook is not intended as, and does not create, either expressly or by implication, an employment agreement. ATC Employee Handbook Military Leave Employees who are members of a uniformed service or who make application for membership in a uniformed service will be given the required time off for the performance of duty, including active duty, active-duty training, initial active duty for training, inactive-duty training, full-time National Guard duty, and the time necessary to be absent from employment for an examination to determine fitness to perform any of these duties. Uniformed services generally include the United States armed forces, the Army National Guard, and the Air National Guard. Employees and applicants will not be discriminated or retaliated against because of past, current, or future qualifying military service. To be eligible for military leave, an employee must provide notice that leave is being taken for military service. Duration of Leave—An employee’s cumulative period of service in the uniformed services while in ATC’s employ may not exceed five years, unless additional service is required to complete an initial period of obligated service, the employee is unable to obtain orders of release through no fault of his/her own, the employee is able to certify in writing by the Secretary of Defense that additional training is required, or additional service is required during a national emergency or war. Timely Reemployment Application—An employee must return to work or submit an application for reemployment within the required time frame depending on the length of the employee’s service in the uniformed services. Compensation—Military leave is generally unpaid, but employees may voluntarily use any annual or sick leave days during all or part of the leave period. If an exempt employee chooses not to use annual or sick leave, ATC will pay the difference between military pay and the employee’s regular base salary for any work week in which the employee performs work for us and also has days of military leave. Benefit Protection—Upon reinstatement, an employee is entitled to seniority and other benefits determined by the seniority that he/she had at the beginning of the uniformed service. In addition, during an eligible leave, the employee will accrue credited service and will be eligible for any seniority-based rights and benefits that would have been earned if the employee had remained continuously employed during the period of military service. Therefore, an employee’s military service time will count toward credited service for purposes of annual or sick leave. Reinstatement Rights—ATC may not reinstate an individual if (1) the organization’s circumstances have changed so as to make reinstatement impossible or unreasonable; (2) the individual is no longer qualified for the position despite ATC’s reasonable efforts to requalify the person, and reinstatement would impose an undue hardship on the organization; or (3) the employment from which the employee left to perform military service was for a brief, nonrecurring period, with no expectation that the employment would continue indefinitely or for a significant period. 32 This handbook only provides general guidance and may not be relied on by employees as establishing any particular terms and conditions of employment. This handbook is not intended as, and does not create, either expressly or by implication, an employment agreement. ATC Employee Handbook Military Family Leave—As set forth in the FMLA policy above, employees eligible for FMLA leave may, in certain circumstances, be eligible for qualifying exigency leave if the employee’s spouse, parent, son or daughter is a military member who is deployed or has been notified on an impending deployment to a foreign country; or be eligible for military-caregiver leave to care for a military relative if he or she has a qualifying serious injury or illness. Leave of Absence If an employee believes it is necessary, he or she may ask for a leave of absence without pay from the ATC. Any leave of absence will be without pay and for a period not to exceed six weeks. A leave of absence may be granted only once during a five-year period. Voting Leave Employees entitled to vote at any election who do not have three or more hours of time away from work during the period in which polls are open are entitled to three hours of leave to vote, without any penalty or deduction from their pay if they have made a written request to ATC’s director of finance and administration at least three days prior to election day. Other Leave ATC also provides leave without pay to eligible employees for all other unpaid leave required by law, including jury and witness duty. Unless an emergency arises or as otherwise dictated by law, all requests for leave without pay must be made with 30 days’ notice and approved by ATC’s director of finance and administration. While employees are on leave without pay, they are not entitled to paid benefits or salary. Please contact ATC’s director of finance and administration for eligibility details. V. ON THE JOB A. Work Week and Work Hours ATC has a 35-hour, Monday-to-Friday work week, although specific daily work hours may vary according to ATC location, and employees are responsible to know their scheduled work hours. You should ask your supervisor about the official work hours at your location. Certain employees, such as visitors center and seasonal employees, may have a different work-day schedule in order to accommodate visitors-center coverage, crew schedules, or other special needs of ATC. Unless specifically instructed otherwise, employees should work the hours they are scheduled to work. Each employee is entitled to an uninterrupted 60-minute period for lunch, which is not considered hours worked for overtime purposes. Various factors, such as work loads, operational efficiency, and staffing needs may require variations in an employee’s work-day schedule and total hours worked each day or each week. ATC may 33 This handbook only provides general guidance and may not be relied on by employees as establishing any particular terms and conditions of employment. This handbook is not intended as, and does not create, either expressly or by implication, an employment agreement. ATC Employee Handbook assign employees to jobs other than their usual assignments when required. In addition, employees may be required to work overtime or hours other than those normally scheduled whenever necessary. Exempt employees are expected to work the hours necessary to complete their assignments and duties. Flexible Schedules ATC believes it is important to provide employees with flexibility in work-day scheduling, provided that the needs of ATC members and the public continue to be met. For this reason, ATC may allow adjustments to work-day schedules to accommodate schedule preferences for both exempt and nonexempt employees. For example, some employees may prefer an early schedule, such as 8 a.m. to 4 p.m. while others a later one, such as 9 a.m. to 5 p.m. To be eligible for such a preferred work schedule, an employee must be in good standing and performing at or above the required expectations of the employee’s role. Any preferred work schedule must be approved by a director to ensure all ATC work requirements are being met. Approval of preferred work schedules is not guaranteed and is within the sole discretion of ATC. In addition, ATC, at its sole discretion, may require any adjustments to, or discontinuation of, the approved preferred work schedule at any time. Exempt employees who have worked significant hours outside of their regular working hours (either at night or on weekends) may request to take a limited amount of paid time off, in addition to the annual and sick leave accrued by the employee, close in time to the significant hours worked. Exempt employees should request such paid time off in advance from their immediate supervisor. The employee’s immediate supervisor will consider the request and make a recommendation to the director of finance and administration, who will then either approve or decline the request in writing. The approval of such limited time off is within the sole discretion of the director of finance and administration and may depend on a number of factors, including the current business needs of ATC. B. Attendance and Punctuality Attendance and punctuality are important factors for ATC’s success. Employees are expected to be at work during normal business hours unless a flexible schedule arrangement has been made in advance in writing with the employee’s supervisor. While some absence due to sickness or emergencies may be beyond an employee’s control, we expect good attendance from all employees. When an employee is going to be absent from work because of sickness or emergencies, he or she must personally notify his or her supervisor before the start of the work day unless it is physically impossible to do so. Although an employee’s supervisor may ask an employee for a doctor’s note explaining an absence for medical reasons, a doctor’s note does not excuse unscheduled absences. 34 This handbook only provides general guidance and may not be relied on by employees as establishing any particular terms and conditions of employment. This handbook is not intended as, and does not create, either expressly or by implication, an employment agreement. ATC Employee Handbook Supervisors also have discretion to request verification or explanation for unscheduled absences for other than health reasons. Lateness is defined as beginning work later than the start of ATC’s normal business hours unless an employee has prior approval from his or her supervisor. When an employee expects to be late by 30 minutes or more, he or she must notify a supervisor as soon as possible. If lateness is excessive, an employee may be subject to disciplinary action up to and including termination. If an employee is absent for three (3) consecutive business days without notifying ATC, the employee shall be considered to have voluntarily abandoned his/her position at ATC without notice, unless extenuating circumstances should be proven and accepted at ATC’s sole discretion. C. Inclement Weather Policy Employees are expected to make an effort to get to work during periods of inclement weather, but it is not the intention of ATC to require employees to take risks that may endanger their safety. Employees should contact their supervisor to determine if their office is closed. If the office is open, employees should report to work. If the employee cannot report to work, he or she should notify his or her supervisor immediately. Administrative leave may be given in the event of an office’s closing for those reasons. D. Nursing Breaks ATC will provide reasonable break time for an employee to express breast milk for her nursing child for one year after the child’s birth, each time such employee has the need to express the milk. At the request of such employee, ATC will designate a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public that may be used by the employee to express breast milk. ATC will also comply with all applicable state laws regarding nursing mothers. Employees requiring break time and/or space for expressing breast milk should contact ATC’s director of finance and administration. E. Telecommuting Policy Telecommuting is a work arrangement in which some or all of an employee’s work is performed at an alternative work site, such as the home or in an office space near home. (Remote offices are not telecommuting locations because they are established permanent work sites for groups of employees within a department.) Communication may be by one of several means, such as telephone, Internet, fax, and/or Skype. Equipment may be owned and maintained by the employee or by the ATC. An employee will create a telecommuting arrangement proposal for their department director. Once reviewed by the department director, each department director will submit a telecommuting proposal to the Executive Director for review and approval. Arrangements should be authorized 35 This handbook only provides general guidance and may not be relied on by employees as establishing any particular terms and conditions of employment. This handbook is not intended as, and does not create, either expressly or by implication, an employment agreement. ATC Employee Handbook only when it is in the best interest of ATC to do so. To establish a telecommuting arrangement, these steps should be followed: The employee submits a proposal to their department director. The telecommuting proposal is reviewed by the department director and if approved sent on to the executive director for final review and approval. Once all required signatures have been obtained, the employee should be given a copy of the document, and the original should be maintained by the human resources office. Please contact ATC’s director of finance and administration for any questions concerning telecommuting. F. Transfer of Employees Employees may be transferred to meet ATC requirements. Requests for transfer by employees should be made in writing and given to management for consideration. A transfer may be made if management determines it is in the best interest of the ATC and the employee. G. Nonsmoking Facilities ATC’s permanent work locations are nonsmoking facilities, and employees are not permitted to smoke on the premises except in areas specifically designated as “smoking areas.” Employees must check with their supervisor as to whether there is a designated smoking area at his or her location. Violation of this policy is grounds for discipline, up to and including dismissal. H. Drug-Free Workplace ATC has a vital interest in maintaining a safe and efficient working environment. Employees who work while under the influence of drugs or alcohol present a safety hazard to themselves and their coworkers. Moreover, the presence of drugs or alcohol in the workplace limits one’s ability to perform at the highest levels and provide the best possible service. Accordingly, ATC is committed to maintaining a drug-free environment. ATC provides for a drug-free workplace in compliance with the Drug-Free Workplace Act of 1988. The following conduct is prohibited and may result in discipline up to and including termination, even for a first offense: Possession, transfer, sale, distribution, use or solicitation of illegal drugs on ATC’s property (including the parking lot and adjacent areas) or during work hours. Possession (in open containers) or use of alcohol on ATC property (including adjacent areas) or during working hours (unless at an authorized ATC event). 36 This handbook only provides general guidance and may not be relied on by employees as establishing any particular terms and conditions of employment. This handbook is not intended as, and does not create, either expressly or by implication, an employment agreement. ATC Employee Handbook I. Reporting to work or being present at work while being intoxicated or impaired by alcohol or illegal drugs. Reporting to work or being present at work with a detectable amount of any illegal drug or its metabolites in the employee’s body. Abuse of prescribed drugs. Prescribed drugs will be allowed only when taken in accordance with a physician’s prescription and where such use will not adversely affect the ability of an individual to properly and safely perform his or her duties. Any employee who is taking prescription drugs that may affect the employee’s ability to perform the job properly and safely should inform ATC’s director of finance and administration, before or immediately upon returning to work. Abuse of prescribed drugs will not be tolerated and will be treated in the same fashion as use of illegal drugs. Workplace Violence ATC is committed to preventing workplace violence and to maintaining a safe working environment. All employees should be treated with courtesy and respect at all times. Employees are expected to refrain from threats, bullying, fighting, horseplay, or other conduct that may be dangerous to or frighten others. Firearms, weapons, and other dangerous or hazardous devices or substances are not permitted on ATC’s premises. All threats of (or actual) violence, both direct and indirect, should be reported as soon as possible to an employee’s immediate supervisor or any other member of management. ATC will promptly investigate reports of threats or actual violence and of suspicious individuals or activities. J. Crisis Management If you are in the presence of an individual who is showing signs of hostility and you feel a threat to your personal safety or the safety of others: Ask the individual to calm down or leave the premises; Set off the building’s security alarm, if available; Telephone 911; Remove yourself to a safer location, if necessary; Notify others in the facility of the situation as soon as possible while maintaining your safety. Remember: Only take actions that are possible while maintaining your safety and the safety of those around you. Always keep an exit between yourself and the individual. If necessary, create a distraction, such as knocking things off a desk, that will allow you to make your escape. Make yourself aware of the 37 This handbook only provides general guidance and may not be relied on by employees as establishing any particular terms and conditions of employment. This handbook is not intended as, and does not create, either expressly or by implication, an employment agreement. ATC Employee Handbook location of all security alarms and exits. Do not investigate the situation unless asked to by the police. K. Security Inspections ATC property, such as desks, offices, computers, and other equipment, may be provided for the use of employees, but remains the sole property of ATC. Accordingly, any agent or representative of ATC can inspect them, as well as any articles of information found within them, at any time, either with or without prior notice. ATC may also exercise the right to inspect all packages and parcels that enter and leave our premises. L. Personal Belongings Employees are discouraged from bringing personal luggage, parcels or bags to work and are advised to keep personal belongings in the workplace to a minimum. ATC will not be responsible for items that you may leave unsecured or overnight at our offices. ATC reserves the right to search its own premises, including property issued to employees for their use, such as desks, whether or not those premises or property are issued to the employee for that employee’s sole use. M. Company-Owned Vehicles Management must authorize in advance all travel in company vehicles on other than company business. Daily logs must be kept for all mileage driven. company-owned vehicles will be driven only as needed for company business, to and from management-specified destinations. Only authorized individuals assigned to the vehicle will sign for gasoline, oil, etc. All charge tickets must show the name and address of the vendor, prices, gallons, vehicle ID number, license tag number, and mileage. No alcoholic beverages or illegal substances will be aboard a company vehicle at any time. Using a handheld cell phone while in motion is strictly prohibited. N. Personal Vehicles Employees may use their personal vehicles on official company business provided prior approval has been obtained from the ATC. A mileage rate based on acceptable and current federal guidelines will be paid to employees who use their personal vehicles on official company business. Minimum insurance requirements, as specified by the ATC's insurance carrier, must be in effect at the time the employee's personal vehicle is used, and the employee may be required to provide the appropriate proof of insurance. O. Scrap Materials and Parts All scrap materials and parts remain the property of ATC. An employee may discuss personal use of scrap materials and parts with his or her supervisors. Management will make the final decision. 38 This handbook only provides general guidance and may not be relied on by employees as establishing any particular terms and conditions of employment. This handbook is not intended as, and does not create, either expressly or by implication, an employment agreement. ATC Employee Handbook P. Safety Equipment If needed, ATC will provide employees with safety equipment. This safety equipment (e.g., safety glasses) must be worn on the job, as safety requires. This equipment will be signed for by the employee and replaced at his or her expense if lost or stolen. Replacement will be provided if the equipment is shown to be defective. Q. Company Tools ATC will furnish all necessary tools and equipment to complete job assignments. Each employee is reminded that all items purchased by ATC remain the property of the ATC and represent a valuable asset of the ATC. It is the responsibility of the employee to whom tools and equipment are assigned to maintain and safeguard those assets. It is the policy of this company to hold the individual responsible for small tools and equipment lost, stolen, or damaged though negligence. A periodic inventory of tools and equipment will be made. When leaving a work area, it is recommended that all tools that cannot be secured in locked storage be removed from the work area. R. Energy Preservation and Waste Prevention Waste of energy and materials is costly to the ATC and ultimately results in losses that must be paid for by other cost-reduction actions. Please conserve energy at every opportunity by keeping thermostats in moderate ranges, turning off lights in vacant rooms, and reusing single-side print copy paper whenever possible. S. Toxic Waste The Environmental Protection Agency has classified certain chemicals and chemical groups as toxic. As a company, we are committed to avoiding creation and improper disposal of toxic wastes. We will choose nontoxic materials whenever possible and properly dispose of toxic materials if used. We will instruct employees on how to control hazardous wastes and what to do if they are exposed to hazardous wastes. If any employee suspects that the wastes they may encounter as an employee are hazardous, they should inform management immediately. T. Solicitation and/or Distribution Solicitation and/or distribution should be kept to a minimum and must be approved by management in advance. If the process of distributing materials, goods, contest promotions, requests for donations, or any other solicitation and/or distribution interferes with the work schedules of employees, it will be prohibited. No employee should ever feel pressured into participating in any promotional effort or action. 39 This handbook only provides general guidance and may not be relied on by employees as establishing any particular terms and conditions of employment. This handbook is not intended as, and does not create, either expressly or by implication, an employment agreement. ATC Employee Handbook U. Internet, E-mail, and Telephone Policy Electronic Communications and the Internet ATC may provide its employees with computers, telephones, voice mail, and e-mail for business purposes. ATC computers, telephones, voice mail, e-mail, and any other communication or information systems that may be available to employees as a result of their employment are the property of ATC and should generally be used only for business purposes. Every employee has a responsibility to use e-mail and the Internet properly and in accordance with the following policy. Questions concerning this policy should be directed to ATC’s director of finance and administration. Internet use and e-mail communications during work time or on ATC-provided equipment should be primarily for work-related reasons. Use of the Internet and/or e-mail must not disrupt the operation of ATC’s network or the networks of other users, and it must not interfere with productivity. ATC’s policies against harassment and discrimination apply in full to use of the Internet and e-mail. Each employee is responsible for the content of all text, audio, or images that he/she places or sends over the Internet or e-mail. Using ATC provided equipment and communication systems to access, transmit, receive, save, or print illegal or sexually explicit material, or material that promotes hate, violence, or discrimination of any kind, is strictly prohibited and will subject employees to disciplinary action, up to and including termination. Please be aware that ATC monitors the use of its electronic communications systems, including, but not limited to Internet usage. To prevent computer viruses from being transmitted through the system, no employee should download any software unless approved in advance by ATC’s systems administrator. Only legitimately purchased “original software,” licensed to and/or purchased by the company, may be loaded onto a company computer. Employees are to use such software and other content information only in accordance with their associated licenses and/or terms of use. Copyrighted materials belonging to entities other than ATC may not be transmitted by employees on the Internet or through e-mail. Users are not permitted to copy, transfer, rename, add, or delete information or programs belonging to other users unless given express permission to do so by the owner. Failure to observe copyright laws or license agreements may result in disciplinary action from ATC or legal action by the copyright owner. All information or messages created, sent, retrieved, or stored on ATC’s computer or telephone systems are the property of ATC. This includes messages exchanged on a personal, passwordprotected, Web-based e-mail account if they are accessed through ATC’s equipment. ATC reserves the right to access, monitor, review, copy, or delete all messages (including e-mails and 40 This handbook only provides general guidance and may not be relied on by employees as establishing any particular terms and conditions of employment. This handbook is not intended as, and does not create, either expressly or by implication, an employment agreement. ATC Employee Handbook voice mails) and files on the computer system at any time without notice. All communications, including text and images, can be disclosed to law enforcement or other third parties without prior consent of the sender or receiver. Employees should have no expectation of privacy when using ATC’s computers, networks, or telephone system. The Internet and e-mail systems are not secure methods of communication, and there is the potential that information sent over these systems might be intercepted and read by unauthorized individuals. Employees must take every precaution to protect proprietary and confidential information about ATC and its clients. Examples of violations of Internet and e-mail use include, but are not limited to: • Engaging in chat groups. • Transmitting confidential or proprietary data and trade secrets or disclosing corporate information without prior authorization. • Sending or soliciting sexually graphic or violent messages or images. • Sending or accessing discriminatory or harassing message disparaging others based on their race, national origin, gender, sexual orientation, age, disability, religion or political beliefs. • Disseminating, downloading or printing copyrighted materials in violation of copyright laws. • Gambling or engaging in on-line activity against state or federal law. Employees who become aware of misuse of ATC’s equipment or systems, including but not limited to e-mail and the Internet, should promptly contact ATC’s director of finance and administration or ATC’s executive director. Violations will be reviewed on a case-by-case basis. Depending on the severity of the violation, the offending employee may receive a reprimand, lose Internet and/or e-mail privileges, or receive other disciplinary action, up to and including termination. Telephone Use ATC Telephones: As a normal practice, telephones should be used for business purposes. Violations will be reviewed on a case-by-case basis. Depending on the severity of the violation, the offending employee may receive a reprimand, lose telephone privileges, or receive severe disciplinary action, up to and including termination. Personal Cell Phones: In order to preserve a professional environment, ATC requests that all personal cellular telephone usage be limited during work hours. V. Social Media ATC employees may use social media for both professional and personal purposes. ATC understands that social media is a widespread practice and is something that people often engage in 41 This handbook only provides general guidance and may not be relied on by employees as establishing any particular terms and conditions of employment. This handbook is not intended as, and does not create, either expressly or by implication, an employment agreement. ATC Employee Handbook throughout the day. While accessing social media on personal breaks during the work day is not prohibited, ATC expects that employees will exercise sound judgment and that such activities will not interfere with work duties. Accessing and using social-media sites for personal purposes while using ATC equipment, systems, or resources and/or while at work is a privilege, not a right or entitlement. At no time should your usage undermine policies or interfere with the optimum performance of your job. If ATC determines at any time that your work performance is negatively affected by social-media use or if you violate these guidelines, you will lose this privilege and will not be allowed to access social-media sites and may also be subject to disciplinary action. ATC reserves the right to monitor your use of social-media sites when you use any electronic equipment, servers, or services (such as WiFi) provided to you by ATC. Personal Use of Social Media The guidelines on use of personal social media apply to the use of (i) any personal Web property, including Web sites, personal accounts on sites such as Facebook, and posts on sites such as Twitter and Instagram; (ii) any personal or group blog that is not maintained as part of the employee’s duties for ATC; (iii) any contributions or postings to online bulletin boards, chat rooms, forum, or blogs other than as part of the employee's duties for ATC; and (iv) other similar activities. As employees, we ask that you take ownership of the privilege and responsibilities inherent in social-media use. ATC prefers that employees not identify themselves as ATC employees on personal social media sites, in order to preserve the distinction between their personal lives and their professional roles. To the extent that there is any question whether an employee’s use of social media is personal in nature or as an employee, the employee shall clearly disclaim that the views expressed by the employee are stated solely in their personal capacity. In compliance with FTC guidelines, however, any online statement you make about ATC or an affiliated organization that a member of the public could construe as a “promotional message” about ATC must be accompanied by a disclosure that you work for ATC, regardless of whether the comment is made on your personal Facebook page or in a more traditional online business venue. Directory or résumé-type sites, such as LinkedIn, are viewed by ATC as part of your professional on-line presence. Be sure that any content concerning ATC or an affiliated organization associated with you is consistent with your ATC responsibilities. Consistent with ATC’s employee references policy below, you should not endorse any organization, person, vendor, or product of any kind in your capacity as an ATC employee on any social media site. This means, for example, that you should not use LinkedIn to “endorse” any organization, person, vendor, or product if your LinkedIn profile identifies you as an ATC employee, unless you clearly disclaim that the views expressed by you on your LinkedIn profile are stated solely in your personal capacity. 42 This handbook only provides general guidance and may not be relied on by employees as establishing any particular terms and conditions of employment. This handbook is not intended as, and does not create, either expressly or by implication, an employment agreement. ATC Employee Handbook The overarching principle of this policy is to preserve the distinction between your work role and your personal activities. You must do your part in maintaining the boundary between your personal and work activities, including by monitoring any changes in the default privacy settings of social-media sites you choose to use. You should periodically check the privacy settings to ensure that any unprofessional photos or commentary are set to remain personal (e.g., that Facebook photo album settings are restricted to viewing only by those you have chosen to “friend” or to a customized list of “friends”). This step is especially important if your socialmedia presence on a site identifies you as working at ATC or if you “friend” coworkers or clients, because how you choose to portray yourself for public viewing on that site could reflect on ATC and could affect your working relationships. ATC urges you to protect your professional reputation by preserving the distinction between your personal life and what is accessible to the public – including members, coworkers, and future potential employers. Remember that the Internet has a long-lasting memory and that the damage done by careless comments can prove irreparable. Remember also that nothing you post on the Internet is truly private. Once an e-mail is sent or a comment is posted, anyone with access can forward or copy your remarks or photos for public viewing. Don’t let careless personal comments or unwise photos turn into a professional embarrassment for you and/or ATC. Professional Use of Social Media If an employee is required to use social media or blog sites (e.g., Twitter, Facebook, Instagram, LinkedIn, etc.) as part of the employee’s work—for example, if an employee is asked to post to ATC’s Twitter account—all domains, user names, handles, passwords, social-media accounts and on-line accounts (“business accounts”) that are used in behalf of ATC or its properties or which relate to ATC or its intellectual property rights shall be the sole property of ATC and shall, if possible, be registered in the name of ATC. If any business account is not (or by the terms of such business account cannot be) registered in the name of ATC and is registered in the name of the employee, the employee must assign ownership and control of such business account to any person designated by ATC upon ATC’s request. Employees must use business accounts, whether registered in the name of ATC or the employee’s own name, in compliance with any applicable policies or guidelines of ATC. As they relate to business accounts, ATC may ask you to provide your passwords in the event that it needs to access or change posted information, but ATC will not require employees to provide passwords to their personal Facebook or other social-media sites unrelated to their work for ATC. Business accounts may not be created without the review and approval of the ATC’s director of marketing and communications. This includes Web sites, YouTube pages, Twitter accounts, or accounts on any other social media platforms. ATC’s policy is that only individuals authorized by the ATC’s director of marketing and communications are allowed to communicate on ATC’s behalf through any media channel, including social-media platforms. General Principles 43 This handbook only provides general guidance and may not be relied on by employees as establishing any particular terms and conditions of employment. This handbook is not intended as, and does not create, either expressly or by implication, an employment agreement. ATC Employee Handbook All ATC policies apply to social-networking activities. For example, you cannot share confidential or proprietary information about ATC or our employees, clients, vendors, consultants, business associates, or other third parties. In addition, you must not disclose any information that is confidential or proprietary to any third party that has shared such information with ATC. Never use copyrighted text or images without permission. Avoid pornography and other offensive materials, and do not use social media to engage in harassment. Nothing in this policy is intended to prevent nonsupervisory employees from union organizing activity or from discussing the terms and conditions of employment for the purposes of concerted action, consistent with the National Labor Relations Act and other applicable laws. W. Employee Conduct Professional Conduct The manner in which you conduct yourself should create a favorable lasting impression of ATC. The continued success of ATC depends on the quality, integrity, expertise, and professionalism of our staff. ATC is committed to conducting its business according to the highest ethical standards. ATC opposes, and shall not knowingly be a party to, any wrongdoing, corruption, terrorism, bribery, other financial impropriety, or illegal acts in any of its activities. In that regard, all employees must know and follow certain standards of conduct. These standards are designed for the protection of our employees and for the good of ATC as a whole. It is not possible to list all forms of behavior that are considered unacceptable in the workplace, but the following are examples of conduct, in addition to conduct noted above, that, if it occurs in any work-related context, may result in disciplinary action, including suspension or immediate termination: • • • • • • • • • • • • Theft or unauthorized removal or possession of property belonging to another; Falsification of timekeeping or other records; Altering, destroying, willfully misplacing, or discarding ATC records; Supplying false or misleading information on application materials or at any time during employment; Working under the influence of drugs or alcohol; Fighting, bullying, or threatening violence; Boisterous or disruptive activity in the workplace; Negligence or improper conduct leading to damage of property; Violation of safety or health rules; Smoking in the workplace other than in specifically designated areas; Engaging in general harassment or discrimination or inappropriate sexual conduct or harassment; Committing illegal, immoral, or indecent conduct, or aiding and/or abetting those types of conduct; 44 This handbook only provides general guidance and may not be relied on by employees as establishing any particular terms and conditions of employment. This handbook is not intended as, and does not create, either expressly or by implication, an employment agreement. ATC Employee Handbook • • • • • • • • • • • • • Possession of dangerous or unauthorized materials, such as explosives or firearms, in the workplace; Excessive absenteeism or any absence without notice; Unauthorized use of telephones, e-mail system, or other ATC equipment; Unauthorized disclosure of confidential information; Unsatisfactory job performance or conduct; Failing to cooperate in, making misrepresentations during, or otherwise interfering with, a ATC investigation; Refusal or failure to perform assigned work, to follow a supervisor’s reasonable instructions, or any act of insubordination; Soliciting or receiving cash, gifts, special accommodations, favors, or other gratuities related to employment; Having any direct interest in any company that competes with the ATC, that sells or supplies or buys from the ATC any products or property, or that furnishes services to the ATC without completing and submitting a conflict-of-interest declaration; Borrowing money or accepting advances or other personal payments or gifts or entertainment from any company or firm (or any person acting directly or indirectly for any company or firm) that has transactions with the ATC as described above; Entering into any transaction or acquiring any interest or taking any action that is contrary to ATC’s interests or incompatible with loyalty or obligations to employment; Defacing, damaging, or unauthorized removing of ATC property or property belonging to a guest or another employee of ATC; or Sleeping, loitering, or wasting time while on the job. Written communications must also meet the highest standards of accuracy and neatness. Individuals who telephone ATC must receive prompt and courteous attention and a helpful and positive response. Individuals who visit ATC must always be treated with deference, tact, and courtesy. All employees should present themselves in a professional and efficient manner. Respect and thoughtfulness toward your fellow workers will always be expected. Customers, clients, volunteers and those performing community service shall all be treated with equal respect. Employees shall submit to the authority of their supervisor and ATC management and be a positive part of the ATC team. Where, in ATC’s judgment, an employee’s performance or conduct does not meet the company’s standards, ATC will take the action it determines to be appropriate. Employees shall be subject to disciplinary action, up to and including immediate termination, for inappropriate behavior, unsatisfactory performance, or inability to perform effectively in the company. Both ATC and the employee have the right to end the employment relationship at any time, with or without cause or notice. Personal Appearance 45 This handbook only provides general guidance and may not be relied on by employees as establishing any particular terms and conditions of employment. This handbook is not intended as, and does not create, either expressly or by implication, an employment agreement. ATC Employee Handbook Professional grooming and personal cleanliness is expected of all employees. As a representative of ATC, it is essential that each employee present a professional and well-groomed appearance at all times. Dress must be neat and appropriate for a professional retail or office setting. Any employee deemed to be wearing something that may violate this standard will be asked to return home to change on their own time. If there is any question about what is appropriate dress, employees should see their managers/directors. X. Confidentiality During employment, ATC employees may have access to confidential information. Confidential information is a valuable and unique asset of ATC or third parties who have furnished it to ATC. The company requires the employee to sign a separate confidentiality agreement consistent with the terms of this policy as a necessary condition of employment. Confidential information includes but is not limited to: • • • • • • • • • • • Supporters’, members’, customers’, clients’, board members’ or donors’ names, contact information, contracts, and personal information; Existing and prospective funding sources and lists; Board lists; Financing information and sources; Financial information, including bank account and credit card information, financial projections and pro forma financial information; Donor-solicitation programs; Employees’ benefits, perquisites, salaries, compensation formulas, bonuses, or other remuneration and their nonbusiness addresses and telephone numbers; Organizational structure and reporting relationships; Business plans; Existing and prospective investments; and Passwords and other security information. Notwithstanding the preceding paragraph, the term “confidential information” does not include information that is or later becomes publicly available in a manner wholly unrelated to any breach of this policy by you (in which case such information will cease to be considered confidential information as of the date it enters the public domain). If you are uncertain about whether something is confidential information, you should treat it as confidential until you receive clarification from ATC that it is not confidential. Confidential information shall remain at all times the property of ATC or the individual who provided it. 46 This handbook only provides general guidance and may not be relied on by employees as establishing any particular terms and conditions of employment. This handbook is not intended as, and does not create, either expressly or by implication, an employment agreement. ATC Employee Handbook All personnel must be careful to discuss confidential information only when necessary and appropriate in the context of business operations. Care should be taken to prevent confidential discussions from being overheard by other clients or staff members who are not involved. No one is permitted (unless such actions are part of the employee’s regular professional duties) to distribute, remove, or make copies of any company records, reports, or other confidential information without prior written approval from ATC’s director of finance and administration. This includes the electronic transfer of such information. Any discussion of confidential information outside the property or similar violations of these standards may result in disciplinary action, up to and including immediate dismissal. An employee’s obligation extends during the entire term of employee’s employment with ATC and after the date of termination for any reason. Nothing herein is intended to limit any rights employees have under the National Labor Relations Act or prohibit employees from engaging in collective action in connection with the terms and conditions of employment. Y. Job Descriptions All ATC employees must have a formal job description. It is the responsibility of the supervisor, along with input from the employee, to ensure there is a job description and that it is kept up-todate. Z. Performance Evaluations ATC seeks to create an environment in which discussions about performance between supervisors and employees are regular and on-going events. ATC views the performance-evaluation process as an opportunity for the employee and supervisor to sit down and discuss how to make the process of continual learning and improvement work as best as possible. ATC wants all employees to be performing to the best of their abilities. The performance evaluation provides a forum to help each ATC employee build on his/her strengths and reach his/her highest potential. Discussions regarding the performance of employees are extremely important. Any written documentation of performance, whether it be the formal annual performance review or interim discussions to address performance issues, must be signed by the employee, the supervisor, and the next-level supervisor, if any. AA. Annual Performance Reviews Annual performance reviews are conducted at the same time during the year. Normally, this occurs in September. These reviews will evaluate over-all work performance, and the completed annual performance review is placed in the employee’s personnel file. Employees also will be provided with a copy of the final document and may prepare a separate statement to be attached to the record copy. Performance reviews will be considered in determining an employee’s compensation. 47 This handbook only provides general guidance and may not be relied on by employees as establishing any particular terms and conditions of employment. This handbook is not intended as, and does not create, either expressly or by implication, an employment agreement. ATC Employee Handbook Employees who have not been with ATC for one year at the time of the annual performance but were hired in the first six months of the year will have an annual performance review and will be eligible for an increase in compensation should the budget allow. Employees who were hired between July 1 and September 30 will receive an annual performance review during the same time as everyone else but will not be eligible for an increase until the date of their first year anniversary. Employees who are hired between October 1 and December 31 will not be given an annual performance review in that initial period and will not be eligible for an increase in compensation at the end of that year. BB. Salary Grades ATC has a formal salary-grade program. Each ATC job is placed in a salary grade with a minimum and maximum dollar value. Those salary grades were developed based on a thorough analysis of competitive compensation data and are updated on a regular basis. You should speak with your supervisor if you have any questions about what grade your job is in. CC. Media Inquiries/Employee References All media inquiries regarding ATC should be referred to ATC’s director of marketing and communications. All outside inquiries regarding employment references for current or former ATC employees must be directed to ATC’s director of finance and administration. No one other than ATC’s director of finance and administration or his/her designee is authorized to respond to such requests. “Off the record” comments are strictly prohibited. ATC will release only an employee’s job title, dates of employment, and current or final salary (with the employee’s written approval) to third parties. ATC may, in its sole discretion and with the employee’s written approval, provide a reference to a prospective employer. DD. Electoral Activities Participation in electoral politics by individuals employed by ATC is a protected private right, but such right must be exercised on the employee’s own time, outside the offices, and without the use of any of the resources of ATC, including its funds, premises, equipment, stationery, software, files, or intellectual property. Employees engaged in electoral politics must exercise the utmost caution to make certain their private activities are not perceived as representing ATC, which, as a nonprofit organization, could have its tax status adversely affected for engaging in many types of electoral activity. If a staff member’s political activities are more than casual and have any reasonable likelihood of identifying him or her in the public eye as an ATC employee engaged in a campaign capacity, the staff member must first address the issue with his or her supervisor and develop a clear plan to 48 This handbook only provides general guidance and may not be relied on by employees as establishing any particular terms and conditions of employment. This handbook is not intended as, and does not create, either expressly or by implication, an employment agreement. ATC Employee Handbook avoid any real or mistaken identification of ATC with the campaign. ATC’s director of finance and administration must be apprised of any substantive campaign activities on the part of any employee and of any recommendations stemming from a discussion between that employee and their supervisor. VI. EMPLOYEE DEPARTURE All employees at ATC are considered employees at will. If an employee is departing willfully, that employee should give ATC two weeks’ notice, if possible. Upon termination or departure, an employee is expected to do the following: 1. Return to his/her immediate supervisory any and all properties of ATC (i.e. credit cards, security access cards, computers, laptops, keys, cell phones, manuals, software, or any other company-related property in employee’s possession). 2. Settle all accounting of any cash funds in the employee’s possession. 3. Provide payment of any outstanding bill. Any wages owed to the employee shall be paid on the next regularly scheduled payday, unless payment on an alternate date is required by state law. 49 This handbook only provides general guidance and may not be relied on by employees as establishing any particular terms and conditions of employment. This handbook is not intended as, and does not create, either expressly or by implication, an employment agreement. ATC Employee Handbook EMPLOYEE HANDBOOK ACKNOWLEDGMENT FORM I acknowledge that I have received my copy of the ATC Employee Handbook, which outlines the policies, practices and employee benefits of the company. I understand that this edition of the Employee Handbook supersedes all previous oral or written descriptions of the company’s personnel policies and procedures and employee benefits. I also understand that the benefits that are also described in summary benefit plan descriptions are governed by those descriptions and not the Employee Handbook. The Employee Handbook is not a contract and nothing contained herein should be construed to create a contract of employment or a contract of any kind. This handbook provides general guidance about the company’s policies and procedures. I understand that I am responsible for being familiar with the information within the handbook. If I have any questions about the handbook, or any other personnel policy issue, I will consult with a supervisor or ATC’s director of finance and administration. I also understand that ATC reserves the right to amend, change, interpret, modify or withdraw any portion of the handbook at any time. I also understand that not all ATC policies and procedures are contained in this handbook. I understand that at the termination of my employment with the company, I may have taken more paid time off than I had accrued and was entitled to. In this event, I authorize the company to deduct from my last paycheck and from any other monies owed to me an amount up to and the amount of the paid time off that I have taken that has not accrued. I understand and agree that I am employed “at will.” I have entered into my employment voluntarily and acknowledge that I have no set term or duration of employment. Either the company or I may terminate my employment at any time, with or without cause or notice. I understand that while other personnel policies, procedures, and employee benefits may change from time to time in the company’s discretion, the “at will” nature of my employment with ATC can only be changed in writing, signed by ATC’s Chair after the date of this acknowledgment. ______________________________ Date ____________________________________ Print Name ____________________________________ Signature 50 This handbook only provides general guidance and may not be relied on by employees as establishing any particular terms and conditions of employment. This handbook is not intended as, and does not create, either expressly or by implication, an employment agreement.
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