09 20 s . de es LY ce ici er ol JU up l P t s ne en on m rs cu Pe do us is io Th rev p all ANN ARBOR YMCA Human Resources Handbook 400 West Washington • Ann Arbor, MI 48103 TEL (734) 996-9622 • FAX (734) 661-8060 www.annarborymca.org INTRODUCTION ................................................................................................................................5 I. MISSION STATEMENT ..................................................................................................................5 II. PREAMBLE ....................................................................................................................................5 III. PURPOSE ......................................................................................................................................5 IV. ADMINISTRATION ........................................................................................................................5 Section 1. Delegation ..........................................................................................................................5 Section 2. Interpretation ....................................................................................................................6 Section 3. Policy Review ....................................................................................................................6 Section 4. Equal Employment Opportunity..........................................................................................6 Section 5. Persons with Disabilities Accommodation ............................................................................6 Section 6. Sexual and Other Harassment Prohibition ..........................................................................6 V. COVERAGE......................................................................................................................................7 Section 1. Policy Coverage ..................................................................................................................7 Section 2. Definition of Employment Status ........................................................................................7 A. Part-Time................................................................................................................................7 B: Seasonal or Temporary ............................................................................................................7 C: Casual On-Call........................................................................................................................7 D. Government-Funded Projects/Programs ..................................................................................7 E. Full-time..................................................................................................................................8 F. Salary Exempt ..........................................................................................................................8 VI. EMPLOYMENT..............................................................................................................................8 Section 1. Employment ......................................................................................................................8 Section 2. Employment Procedures ....................................................................................................8 Section 3. Open Application................................................................................................................8 Section 4. Recognition of Prior Service................................................................................................8 Section 5. Records, Physical Examination, Criminal History ................................................................8 Section 6. Social Security Numbers ....................................................................................................9 Section 7. Drug Free Workplace ..........................................................................................................9 Section 8. Voluntary Contributions ....................................................................................................10 Section 9. Solicitations ......................................................................................................................10 VII. CONDITIONS OF THE JOB ......................................................................................................10 Section 1. Hours of Work ..................................................................................................................10 Section 2. Overtime Pay ....................................................................................................................10 A. General..................................................................................................................................10 B. Pay Classifications ..................................................................................................................10 C. Pay Requirements for Salaried Exempt Employees ..................................................................10 D. Exempt Employee Deduction Complaint Procedure................................................................11 Ann Arbor YMCA Human Resources Handbook • July 2009 This document supercedes all previous Personnel Policies. 2 Section 3. Payroll Records ................................................................................................................11 Section 4. Attendance and Punctuality ..............................................................................................11 Section 5. Personal Expression on Public Issues ................................................................................11 Section 6. Hazard Communication Awareness Program ....................................................................12 Section 7. Blood Borne Pathogens ....................................................................................................12 Section 8. Smoke Free Workplace ......................................................................................................12 Section 9. Open Door Policy ............................................................................................................12 Section 10. Grievance Procedure ......................................................................................................12 A. Supervisor’s Role ..................................................................................................................13 B. Appeals ..................................................................................................................................13 Section 11. Whistle Blower ................................................................................................................13 A. Introduction ..........................................................................................................................13 B. Reporting Responsibility ........................................................................................................13 C. No Retaliation ......................................................................................................................13 D. Reporting Violations ..............................................................................................................13 E. Compliance Officer ................................................................................................................14 F. Accounting and Auditing Matters............................................................................................14 G. Acting in Good Faith ............................................................................................................14 H. Confidentiality ......................................................................................................................14 I. Handling of Reported Violations ..............................................................................................14 Section 12. Ethics Policy ..................................................................................................................14 Section 13. Workplace Violence Prevention ........................................................................................15 Section 14. Employment of Relatives ................................................................................................15 Section 15. Expenses and Allowances ................................................................................................16 Section 16.YMCA Driver’s Requirements ........................................................................................16 Section 17. Dress Code ....................................................................................................................16 Section 18. Technology Policy............................................................................................................16 A. General Technology: ..............................................................................................................16 B. Voicemail and telephone Systems: ..........................................................................................17 C. Email:....................................................................................................................................17 D. Internet Access: ....................................................................................................................17 E. Digital Storage: ......................................................................................................................18 F. Remote Network Access: ........................................................................................................18 VIII. EMPLOYEE BENEFITS ..........................................................................................................18 Section 1. Benefits Philosophy ..........................................................................................................18 Section 2. Eligibility for Benefits........................................................................................................18 Section 3. Categories of Benefit Protection ........................................................................................19 Ann Arbor YMCA Human Resources Handbook • July 2009 This document supercedes all previous Personnel Policies. 3 A. Legally-Mandated Benefits ....................................................................................................19 1. Social Security ................................................................................................................19 2. Worker’s Compensation ....................................................................................................19 3. Unemployment Compensation ........................................................................................19 4. Continuation of Health Coverage......................................................................................19 5. Family Medical Leave Act ................................................................................................20 6. Military Service................................................................................................................22 B. Provisions for Income Supplement and Retirement ................................................................23 1. Participation in the YMCA Retirement Fund ....................................................................23 2. Tax-deferred Annuities......................................................................................................23 C. Paid Time-off Benefits............................................................................................................23 1. Floating Holidays ............................................................................................................24 2. Vacations ..........................................................................................................................24 3. Paid Illness/Injury Leave ..................................................................................................25 4. Bereavement ....................................................................................................................25 5. Jury Duty ........................................................................................................................25 6. Flexible Benefit Plan ........................................................................................................25 D. Other Benefits........................................................................................................................25 1.YMCA Membership ........................................................................................................25 2.YMCA Program ..............................................................................................................26 3. Association of Professional Directors Membership (APD) ................................................27 4. Professional Development ................................................................................................27 5. Educational Assistance ....................................................................................................27 6. Outside Consulting ..........................................................................................................28 IX. STAFF AND CAREER DEVELOPMENT ..................................................................................28 Section 1. Performance Appraisal ......................................................................................................28 Section 2. Salary Reviews ..................................................................................................................28 Section 3. Staff Development and Training ........................................................................................28 X. LEAVES OF ABSENCE ................................................................................................................28 XI. SEPARATIONS ............................................................................................................................29 Section 1. Resignation ......................................................................................................................29 Section 2. Reduction in Work Force ..................................................................................................29 Section 3. Termination ......................................................................................................................29 Section 4. Retirement........................................................................................................................29 Ann Arbor YMCA Human Resources Handbook • July 2009 This document supercedes all previous Personnel Policies. 4 INTRODUCTION The Ann Arbor YMCA strives to provide a good work environment for all of its personnel. The purpose of this Handbook is to describe the relationship between the Ann Arbor YMCA and its employees to present guidelines on matters such as employment status, benefits and general personnel administration. As guidelines, the provisions of this Handbook are not, nor are they to be construed as establishing, a contract or guarantee of employment. Just as importantly, the provisions of this Handbook supercede all prior oral and written communications to you regarding your employment at the Ann Arbor YMCA on matters addressed in this Handbook. Furthermore while many of the current benefits and other policies involving employment at the Ann Arbor YMCA are described in this Handbook, the Ann Arbor YMCA may change, alter, modify, amend or discontinue any benefit(s), insurance program(s) or policy, as it deems appropriate without prior notice, based on its exclusive business judgment.You may receive periodic updates to this Handbook, which you should retain with your original copy. I. MISSION STATEMENT The mission of the Ann Arbor YMCA is to provide quality services responsive to member and community needs, which support a continuum of growth opportunities for families, youth and adults in Washtenaw County. These affordable and diverse services are meant to foster spiritual, physical and social development over a life span in a safe and secure environment. II. PREAMBLE The goal of Human Resources is to consistently recruit, develop, motivate, reward and retain the most competent employees possible in aiding the achievement of the mission of the Ann Arbor YMCA. III. PURPOSE This Handbook is written to serve as a guide for helping all employees better understand many of their privileges, responsibilities and obligations as employees of the Ann Arbor YMCA, and is in no way intended to imply or infer a contractual relationship. The policies set out in this Handbook are subject to change at the discretion of the Ann Arbor YMCA and supercede any previously issued written or verbal policies. Any questions, concerns or suggestions with regard to information in this Handbook should be referred to your supervisor or the Human Resources and Information Technology Director. Notwithstanding any other provision of this Handbook, all employees are “at will employees” and may be separated from employment with the Ann Arbor YMCA at any time, with or without cause, and with or without notice, at the option of either the Ann Arbor YMCA or the employee. No officer or agent to the Ann Arbor YMCA has any authority to alter this employment relationship in any manner, and modification must be pursuant to an express written agreement signed by the employee and the President of the Ann Arbor YMCA and be specifically authorized and approved by its Board of Directors, in order for the modification to be binding. IV. ADMINISTRATION Section 1. Delegation The Board of Directors of the Ann Arbor YMCA employs the President to whom it delegates responsibility for the overall administration and interpretation of these adopted policies. The direct administration of this Handbook and the supervision of staff are the responsibility of the President. However, these duties may also be delegated by the President to designated representative(s) where appropriate. Ann Arbor YMCA Human Resources Handbook • July 2009 This document supercedes all previous Personnel Policies. 5 Section 2. Interpretation Except as limited by this Handbook, all matters pertaining to their interpretation are referred to the President or designated representatives. Section 3. Policy Review The Human Resource Board Committee will review these Human Resource policies periodically. Policies may be changed from time to time to comply with changes in state or federal laws, and for reasons otherwise deemed by the Board to be in the best interests of the Ann Arbor YMCA. The Ann Arbor YMCA Board of Directors reserves the right to modify or change the policies outlined in the Handbook without consent of employees. Section 4. Equal Employment Opportunity It is the policy of the Ann Arbor YMCA to comply with all applicable statutes regarding Equal Employment Opportunity as they relate to all employees and applicants for employment. Accordingly, the Ann Arbor YMCA is committed to ensuring that personnel decisions, including recruitment, hiring and training, for all job classifications are made in a manner consistent with the applicable laws proscribing discrimination on the basis of race, color, religion, gender, age, national origin, marital status, veteran status, sexual orientation, mental or physical disability, or any other basis prohibited by statute. Concerns may be processed in accordance with VII. CONDITIONS OF THE JOB Section 9 Grievance Procedure. Section 5. Persons with Disabilities Accommodation The Ann Arbor YMCA’s policy and practice is to comply with the Americans with Disabilities Act and ensure equal employment opportunity for all qualified persons with disabilities as required by the law. Also as part of our non-discrimination policy, the Ann Arbor YMCA strives to adhere to the applicable laws and accommodate persons with disability so that they may perform their jobs. Under the Michigan Persons with Disabilities Act and the federal Americans With Disabilities Civil Rights Act, an employer has a legal obligation to accommodate an employee’s or job applicant’s disability unless the accommodation would impose an undue hardship on the employer. Making accommodation requests is important for many reasons. A person with disability may allege a violation against an employer regarding a failure to accommodate his or her disability under Michigan law only if the person with disability notifies the employer in writing of the need for accommodation within 182 days after the date the person with disability knew or reasonably should have known that an accommodation was needed. If you believe that you are entitled to an accommodation under these laws, notify your supervisor in writing as soon as possible. Reasonable accommodation will be available to all employees and applicants, including work-site accessibility, as long as the accommodation doesn’t cause an undue hardship on the YMCA. Section 6. Sexual and Other Harassment Prohibition HARASSMENT WILL NOT BE TOLERATED – As a part of this policy, sexual, racial, religious, age or other discriminatory harassment as prohibited by law, in any form, will not be tolerated by the Ann Arbor YMCA. Sexual harassment as prohibited by this policy includes illegal and unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: 1. Submission to the conduct is made either a stated or suggested condition of employment; 2. Submission to or rejection of the conduct is used as the basis for an employment decision affecting the harassed employee; or Ann Arbor YMCA Human Resources Handbook • July 2009 This document supercedes all previous Personnel Policies. 6 3. The harassment substantially interferes with an employee’s work environment. Sexually suggestive or related jokes, photographs, posters, drawings and graffiti or use of E-mail, the Internet or related technology are therefore prohibited. In addition, the Ann Arbor YMCA will not tolerate any sexual conduct, or the appearance of inappropriate sexual conduct, of any kind, which in any way involves non-employees, including members of the public. Any employee who believes that he or she is being discriminated against, sexually (or otherwise) harassed in violation of the above is encouraged to report the incident(s) to the Vice President of Operations or the President. Any complaints regarding a person in management may, in the alternative, be directed to the Chairperson of the Ann Arbor YMCA’s Board of Directors in writing. Should the complaining employee feel that the Vice President of Operations or the President has not adequately addressed his or her concerns, and then the employee should immediately notify the Chairperson of the Board of Directors in writing. In no event will the Ann Arbor YMCA retaliate against any employee for implementing the procedures of this policy in good faith. In determining whether prohibited harassment or conduct has occurred, we will consider the totality of the circumstances, the nature of the harassment or conduct, and the context of the alleged incident(s). The Ann Arbor YMCA’s determination as based on these factors will be communicated to the complaining employee. Employees who engage in sexual harassment or otherwise violate this policy will be subject to discipline, up to and including immediate discharge, as solely determined appropriate by the Ann Arbor YMCA. V. COVERAGE Section 1. Policy Coverage This policy handbook covers all part-time, seasonal, temporary, Casual On-Call, Government Funded Project/ Program, full-time and salary exempt employees of the Ann Arbor YMCA. Section 2. Definition of Employment Status A. Part-Time Those employees who are regularly scheduled to work fewer than 35 hours each week and are formally classified as “part-time” and are paid an hourly wage based upon hours actually worked. Hourly employees are paid 1.5 times their regular hourly rate of pay for hours actually worked over 40 in a workweek. B. Seasonal or Temporary Those employees who are employed for short time periods regardless of the number of hours worked each week and are formally classified as “seasonal” or “temporary”. C. Casual On-Call Those employees who do not have regularly scheduled hours, but rather, work a flexible schedule, based on availability and workload need. D. Government-Funded Projects/Programs When the Ann Arbor YMCA operates a program which is contracted for a specific period of time, the employees will be considered Ann Arbor YMCA employees and will be listed on the payroll and receive benefits as provided in the provision of the contract. Ann Arbor YMCA Human Resources Handbook • July 2009 This document supercedes all previous Personnel Policies. 7 E. Full-time Those employees who are regularly scheduled to work 35 or more hours each week and are formally classified as “fulltime” and are paid an hourly wage based upon hours actually worked. Hourly employees are paid 1.5 times their hourly rate for hours actually worked over 40 in a workweek. F. Salary Exempt Those employees who are regularly scheduled and are paid on a salaried basis and are not subject to premium pay for overtime in accordance with the Fair Labor Standards Act and are formally classified as “salary exempt”. Included are salaried employees assigned to program and/or administrative functions, executives, program directors and other salaried supervisory personnel. VI. EMPLOYMENT Section 1. Employment The Ann Arbor YMCA endeavors to select personnel who meet the necessary standards of educational and occupational qualification; who can effectively advance the objectives of the Ann Arbor YMCA; who have the capacity for personal and professional growth; and who can become a viable member of the organization. Certain positions require additional certification and/or licensure from the State of Michigan in order to qualify for their position. These requirements will be identified in the position description. Section 2. Employment Procedures The Board of Directors employs the President, who in turn employs all other staff. The President may delegate employment responsibility and authority, other than the authority to enter into contracts of employment, to others. Section 3. Open Application The Ann Arbor YMCA strives to provide the opportunity for promotion from within the organization whenever it deems feasible, and in keeping with its interests and objectives. It supports and participates in the YMCA of the USA’s open application process for staff replacement, and considers other applicants for open positions as well. The final decision regarding the filling of any position is subject to the sole discretion of the Ann Arbor YMCA. Section 4. Recognition of Prior Service Persons who have been employed by another YMCA and transfer to the Ann Arbor YMCA are usually credited for their prior years of uninterrupted full time service. For the purpose of recognition, vacation and determination of benefits, including illness/ injury allowances, the most recent date of uninterrupted YMCA employment is honored. A break in continuous service of more than one year will result in the use of the most recent date of hire. Section 5. Records, Physical Examination, Criminal History All applicants are required to complete the appropriate application forms. All employees shall complete the appropriate forms and other records necessary to be placed and maintained on the payroll and to meet requirements for listing with the YMCA of the USA. Evidence of certain information for benefits and other personnel records will also be required. Employees may also be required to satisfactorily pass a medical and/or physical examination as deemed necessary by the Ann Arbor YMCA. Employees may also be required to satisfactorily pass a Criminal History check as deemed necessary by the Ann Arbor YMCA. Ann Arbor YMCA Human Resources Handbook • July 2009 This document supercedes all previous Personnel Policies. 8 Section 6. Social Security Numbers No employee will collect, maintain, display or access another person's social security number except as authorized by the President for business purposes of the Ann Arbor YMCA. "Business purposes" includes, but is not limited to, performing services for members and participants in our programs, collections, employee naturalization, reimbursements, IRS and other governmental wage calculation and reporting, and fringe benefits. When paper or electronic data containing social security numbers is destroyed or deleted, it shall be done in a manner to protect against the display, retrieval, or use of the social security number. Section 7. Drug Free Workplace It is the policy of the Ann Arbor YMCA to provide a drug free workplace to ensure the health and well being of its members, employees, volunteers, and visitors. This policy applies to prospective employees and current employees at all levels of the organization. To promote this goal, and to comply with the federal Drug-Free Workplace Act, employees are required to report to work in appropriate mental and physical condition to perform their jobs in a satisfactory manner. Accordingly, the following rules apply: 1.While on the Ann Arbor YMCA’s premises, and while conducting business related activities away from the Ann Arbor YMCA’s premises, no employee may use, possess, distribute, sell, or be impaired by alcohol or illegal drugs. The legal use of prescribed drugs is permitted on the job only if it does not impair an employee’s ability to perform the essential functions of the job effectively and in a safe manner that does not endanger other individuals in the workplace. 2. The manufacture, distribution, dispensation, possession, use of or being impaired by any controlled substance while on the Ann Arbor YMCA’s property, while operating an Ann Arbor YMCA vehicle or equipment, during an employee’s working hours (which includes meals and break periods), or during any YMCA sponsored program is strictly prohibited. The term “controlled substance” refers to drugs and chemical substances such as, but not limited to, marijuana, cocaine, crack cocaine, opium, heroin, peyote, mescaline, LSD, alcohol, etc. Alcohol may be served at YMCA sponsored functions as approved by the President. For purposes of this policy, being impaired will be conclusively determined by any appropriate means, but it will be deemed conclusive upon the determination of the presence of detectable levels (subject to generally accepted federal thresholds) of a controlled substance or its metabolites in the employee, or a blood alcohol level of 0.04% or more. 3. All employees must, as a condition of employment, abide by the above stated policy. Any employee convicted of a drug statute while on duty, on YMCA property, or in the course of employment must immediately notify the Vice President of Operations. The Ann Arbor YMCA reserves the right to require laboratory testing of any employee it believes may be in violation of this policy or as otherwise deemed necessary. Employees with questions or concerns about substance dependency or abuse are encouraged to discuss these matters with their supervisor to receive assistance or referrals to appropriate resources in the community. Leaves and/or insurance benefits may be available to employees for rehabilitation purposes, as well. Violations of this policy will lead to disciplinary action, up to and including immediate termination of employment as determined appropriate by the Ann Arbor YMCA, and/or required participation in a substance abuse rehabilitation or treatment program. Such violations may also have legal consequences. Ann Arbor YMCA Human Resources Handbook • July 2009 This document supercedes all previous Personnel Policies. 9 Section 8. Voluntary Contributions All employees are encouraged to support the Association’s philanthropic interest, such as the United Way and the YMCA Sustaining Campaign. Section 9. Solicitations In order to prevent disruptions of our operations, employees may not distribute materials or literature, or conduct personal business at any time in work areas. Employees may not solicit during their on-duty hours (exclusive of breaks), nor may they solicit other employees while those employees are on active duty. Solicitations made for flowers or contributions for births, deaths, etc. of employees or their families may be permitted with prior permission from the President. Approved solicitations will only be conducted by designated management. VII. CONDITIONS OF THE JOB Section 1. Hours of Work Immediate supervisors are responsible for the preparation and supervision of the working schedule for all of their employees. Applicable laws shall govern all such schedules and program needs as determined by the Ann Arbor YMCA. Hours, shifts, length of shifts and work schedules may be modified at the discretion of management. Section 2. Overtime Pay A. General It is the Ann Arbor YMCA’s policy to comply with the state and federal laws regarding overtime pay eligibility. As required by state and federal law, all “non-exempt” employees shall be paid at the rate of one and one-half times their regular hourly rates of pay for each hour actually worked over forty in a workweek. For single-rate hourly employees, the regular rate is the hourly rate; for an employee that works at multiple tasks and multiple rates, the regular rate is the weighted average of all the rates in proportion to the number of hours worked at each. Employees eligible for overtime pay must have their supervisors’ prior permission to work the extra hours in order for their time and pay to be approved. B. Pay Classifications The Business Office will formally classify each employee as “exempt” or “nonexempt” in addition to whatever other job classification status the employee may hold (such as full-time, part-time, temporary, seasonal, casual, etc.). Any change to an employee’s exempt status requires the prior written approval of the Vice President of Operations. “Non-exempt” employees are eligible for overtime pay. “Exempt” employees are not eligible for overtime pay. Among the employees who are exempt from the federal overtime pay requirements (and who the Business Office may classify as “exempt”) are executive, administrative, professional and outside sales employees, as well as certain employees in computer-related classifications. To qualify as exempt, these employees must meet both the duties and the salary basis criteria contained in the regulations implementing the federal Fair Labor Standards Act (“the FLSA”). Some seasonal/camp employees are also exempt from receiving overtime pay under state and federal laws. C. Pay Requirements for Salaried Exempt Employees In order for most executive, administrative or professional employees to be classified as exempt, they must receive a salary of at least $455 per workweek on a “salary basis.” These employees must receive their base weekly salary for any workweek during which work is performed without regard to the number of days or quality of work performed in that Ann Arbor YMCA Human Resources Handbook • July 2009 This document supercedes all previous Personnel Policies. 10 workweek. Under the FLSA, though, deductions may be made from their salaries for the following reasons without altering their exempt status: 1. For absences from work for one or more full days for personal reasons, other than sickness or disability; 2. For absences from work for one or more full days due to sickness or disability under the Ann Arbor YMCA’s sick leave plan; 3. To offset any amounts received as payment for jury fees, witness fees, or military pay; 4. For disciplinary penalties imposed in good faith for violating safety rules of “major significance”; 5. For unpaid disciplinary suspensions of one or more full days imposed in good faith for violations of workplace conduct rules; 6. For a proportionate part of an employee’s full salary as earned for time actually worked in the first and last weeks of employment; and 7. When unpaid leave is taken under the Family and Medical Leave Act. D. Exempt Employee Deduction Complaint Procedure It is the Ann Arbor YMCA’s intent to comply with its obligations under the FLSA as summarized above. Any exempt salaried employee, who believes that any improper deductions to his or her salary have been made, or that this policy has otherwise not been followed, must notify the Vice President of Operations as soon as possible. The notice should be in writing (or e-mail) and include a statement of the nature of the error, the period involved, and the amount (if any) at issue. The employee should receive a response from Vice President (or his or her designee) within 10 business days. If no response is provided during this period, or if the employee is not satisfied with the Vice President’s response, then the employee should notify the President, in writing, of the original notification and that a response has not yet been received or that it was not satisfactory. Complaints will be promptly investigated, and any errors discovered through this Complaint Procedure will be promptly corrected, including reimbursing the complaining employees for any improper deductions made, as required by the law. The Ann Arbor YMCA will also take steps to avoid such errors from being made in the future. No retaliation will occur against employees who in good faith raise concerns under this policy. Section 3. Payroll Records Payroll and time records of all employees will be maintained to meet reporting requirements of applicable federal and state regulations and insurance underwriters. Both the employee and supervisor are held accountable for the accuracy of time records that reflect the exact hours and days actually worked. Section 4. Attendance and Punctuality In order for our operations to be effective, the Ann Arbor YMCA requires good attendance and punctuality on the part of employees. Management recognizes that circumstances beyond an employee’s control may cause him or her to be absent from work for all or part of a day. However, unauthorized or excessive absence or tardiness is not acceptable and may result in disciplinary action up to and including termination, as determined appropriate by the Ann Arbor YMCA. Employees are expected to report for work whenever scheduled. They should notify their supervisor in advance whenever they are unable to report. As much advance notice as possible should be given. Section 5. Personal Expression on Public Issues Employees are free to exercise their full liberties as citizens, including the right to express their personal convictions on issues, such as social, economic, religious and political subjects. However, they must refrain from giving the impression Ann Arbor YMCA Human Resources Handbook • July 2009 This document supercedes all previous Personnel Policies. 11 that their views and positions are those of the Ann Arbor YMCA and their actions must NOT interfere with or disrupt operations. Section 6. Hazard Communication Awareness Program The Ann Arbor YMCA strives to offer a safe, healthy and environmentally sound work place for employees. Among the ways this goal is achieved is through a variety of YMCA activities including: safety education; training on the use of certain equipment; job instruction; and the provision of an employee wellness program. Participation in the federally mandated Hazard Communication Awareness Program is required for all Ann Arbor YMCA employees, selected volunteers and outside contractors, in order to insure that all are fully informed and aware of any chemical hazards in their workplace. Section 7. Blood Borne Pathogens The Ann Arbor YMCA will comply with all OSHA requirements for the training of staff on Blood Borne Pathogens Standards. In so doing, it will make an exposure determination, prepare an exposure plan, train employees and make available the Hepatitis B vaccine when necessary; and take other action regarding labeling, waste disposal and follow-up in the event an employee is exposed to blood or other potentially infectious material. Section 8. Smoke Free Workplace In accordance with Washtenaw County’s ordinance, smoking is prohibited in all enclosed areas within any YMCA worksite without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms,YMCAowned or leased vehicles, and all other enclosed facilities. Smoking is also prohibited while participating in or attending any YMCA sponsored program, indoors or outdoors. Section 9. Open Door Policy It is not possible for the provisions of this Handbook to answer all of your questions regarding your employment. Therefore, all doors are open to employee communications and everyone should feel free to voice concerns in a constructive manner. Problems, which are not known, cannot be addressed. Employees are urged to voice their work-related concerns as soon as they arise. Raising issues early will minimize the risk of small problems becoming large ones. Generally, any work-related problem you may have should be brought to the attention of your supervisor.Your supervisor should review and respond to the problem as quickly as possible. If the supervisor is unable to provide a solution, or if the supervisor is part of the problem, the problem should be brought to the attention of upper management for consideration. The Ann Arbor YMCA utilizes Ethicspoint as a simple, risk-free resource to anonymously and confidentially report activities that might involve criminal conduct or violations of the Ann Arbor YMCA’s Policies and Procedures. All Reports submitted through Ethicspoint will be handled promptly and discreetly with the objective of correcting the situation being reported. Ethicspoint can be contacted to file a report either via telephone at 1.888.428.2322 or Internet at www.ethicspoint.com. Section 10. Grievance Procedure The Ann Arbor YMCA currently provides a procedure for employees with grievances. For purposes of this policy, a grievance is a complaint or conflict over an alleged violation of an approved human resources policy, procedure or practice, or applicable law. Ann Arbor YMCA Human Resources Handbook • July 2009 This document supercedes all previous Personnel Policies. 12 A. Supervisor’s Role The process of any grievance must begin with the employee’s immediate supervisor and a request for a meeting must be made within three (3) weekdays of the alleged violation. Through these discussions the parties should attempt to resolve the problem. B. Appeals In the event the employee desires to appeal the supervisor’s decision,the employee must request a meeting with the President in writing. This must be done within three (3) weekdays of the employee’s meeting with their supervisor, and must set forth the issue(s) in dispute and the reasons for the appeal. A meeting with the President may be scheduled. The President will normally issue a written decision within two (2) weeks of the appeal. If the employee desires further action after receiving the decision of the President, he or she may request a hearing with the Human Resource Board Committee. The request must be made in writing and within three (3) weekdays after receipt of the President’s decision. The request should set forth the issue(s) in dispute and the reasons for the hearing. A hearing with the Human Resource Board Committee, if the request is granted, should be scheduled within two weeks of receipt of the request. The purpose of this meeting is to hear all of the concerns of the grievance pertaining to the dispute. An investigation of the facts, if deemed necessary, will follow the meeting. A written recommendation to the President will be made within ten (10) weekdays following the hearing. The President will make the final decision, which shall be binding. Timelines may be extended at the discretion of the Ann Arbor YMCA. Section 11. Whistle Blower A. Introduction The Code of Ethics and Conduct of the Ann Arbor YMCA requires directors, volunteers, and employees to observe high standards of business and personal ethics in the conduct of their duties and responsibilities. As employees and representatives of the organization, we must practice honesty and integrity in fulfilling our responsibilities and comply with all applicable laws and regulations. In keeping with the policy of maintaining the highest standards of conduct and ethics, the YMCA will investigate any suspected fraudulent or dishonest use or misuse of the YMCA’s resources or property by staff or volunteers. B. Reporting Responsibility It is the responsibility of all directors, officers, and employees to comply with the Code and to report violations or suspected violations in accordance with this Whistleblower Policy. Volunteers and consultants are also encouraged to report any violations or suspected violations. C. No Retaliation No director, volunteer, or employee who in good faith reports a violation of the Code shall suffer harassment, retaliation, or adverse employment consequence. An employee who retaliates against someone who has reported a violation in good faith is subject to discipline up to and including termination of employment. This Whistleblower Policy is intended to encourage and enable employees and others to raise serious concerns within the organization prior to seeking resolution outside the organization. D. Reporting Violations Should any person know of, or have a suspicion about, illegal or unethical conduct in connection with the finances or Ann Arbor YMCA Human Resources Handbook • July 2009 This document supercedes all previous Personnel Policies. 13 other aspect of the organization’s operations, that person should contact their supervisor, the VPO, the CEO or the HR director. However, if you are not comfortable speaking with any of the aforementioned or you are not satisfied with the response, you are encouraged to use Ethicspoint. Ethicspoint is a third party organization that takes complaints on an anonymous and confidential basis. They can be contacted online (www.ethicspoint.com) or through a telephone hotline 24 hours a day, seven days a week (888-428-2322). The complaint specifics may be relayed as appropriate to the CEO, VPO, Director of Human Resources or the HR Committee. Should the CEO, VPO, Director of Human Resources or the HR Committee be the source of the complaint, that individual would not receive notification of the filing of the complaint. E. Compliance Officer The HR Committee Chair shall investigate all credible allegations. At all times respecting the privacy and reputation of the individuals involved. The HR Committee Chair may enlist employees of the Ann Arbor YMCA and/or outside legal, accounting, or other advisors, as appropriate to conduct any investigation of complaints regarding financial, accounting, auditing matters or violations of Ann Arbor YMCA Policy. In conducting the investigation, the HR Committee Chair shall use reasonable efforts to protect the confidentiality and anonymity of the complainant. F. Accounting and Auditing Matters The HR Committee Chair shall retain records of complaints and concerns, and its investigation and resolution for a period of no less than seven years. The HR Committee Chair shall inform the Board of Directors if any material allegation is confirmed, or if the committee otherwise believes that the Board of Directors should be made aware of the situation. G. Acting in Good Faith Anyone filing a complaint concerning a violation or suspected violation of the Code must be acting in good faith and have reasonable grounds for believing the information disclosed indicates a violation of the Code. Any allegations that prove not to be substantiated and which prove to have been made maliciously or knowingly to be false will be viewed as a serious disciplinary offense. H. Confidentiality Violations or suspected violations may be submitted on a confidential basis by the complainant or may be submitted anonymously. Reports of violations or suspected violations will be kept confidential to the extent possible, consistent with the need to conduct an adequate investigation. I. Handling of Reported Violations The compliance officer will notify the sender and acknowledge receipt of the reported violation or suspected violation within 2 business days. All reports will be promptly investigated and appropriate corrective action will be taken if warranted by the investigation. Section 12. Ethics Policy The growth and service of the YMCA results from the efforts and dedication of the volunteers and staff who are part of the organization. The efficient and productive operation of the YMCA is aided by the policies and procedures which clarify the obligations and responsibilities of those participants—particularly those of the staff. Adherence to the ethics Policy will guide the Association in its efforts to better serve the community and preserve its image. The Ethics Policy is available in the HR box in the Administration wing of the YMCA, or directly from the HR Director. Ann Arbor YMCA Human Resources Handbook • July 2009 This document supercedes all previous Personnel Policies. 14 Section 13. Workplace Violence Prevention Given the increasing concern about violence in the workplace, we have adopted the following guidelines to deal with intimidation, harassment, or other threats of (or actual) violence that may occur during Ann Arbor YMCA related activities (including travel to and from the activities), or on our property or vehicles. All staff, including full-time, part-time, temporary and seasonal employees, supervisors, volunteers, participants, members and the general public, should be treated with courtesy and respect at all times. Staff are expected to refrain from fighting, “horseplay”, or other conduct that may be dangerous to others, including the damage of property. Staff are also expected to assure that such conduct is not experienced by members, participants or others participating in our programs or on our property. Firearms, knives, and other weapons and dangerous or hazardous devices or substances are prohibited from all activities and property of the Ann Arbor YMCA without proper authorization. Conduct that harms, threatens, intimidates or coerces another staff member, an Ann Arbor YMCA member, participants, or a member of the public at any time, including off-duty periods, as well as the attempted or actual intentional damage to property, will not be tolerated. This prohibition includes all acts of harassment, including harassment that is based on an individual’s sex, race, age or any characteristic protected by federal, state or local law. All threats of (or actual) violence or damage to property, both direct and indirect, or other conduct proscribed by this policy, should be reported as soon as possible to the reporting staff member’s immediate supervisor or to any other member of management. (Harassment complaints by employees should be brought through Sexual and Other Harassment Prohibition Policy of this Handbook.) This includes threats by employees as well as threats by participants, vendors, solicitors, or other members of the public. These reports should be as specific and detailed as possible. All suspicious individuals or activities should be reported as soon as possible to a supervisor. Staff members should not place themselves in peril. If a staff member sees or hears a commotion or disturbance near his/her duty station, he/she should seek assistance from supervision and/or law enforcement. The Ann Arbor YMCA will investigate all reported threats of (or actual) violence and suspicious individuals or activities, as well as attempted or actual damage to property. The identity of the individual making a report will be protected to the extent deemed practicable. In order to maintain workplace safety and the integrity of its investigation, the Ann Arbor YMCA may suspend employees, either with or without pay, pending investigation. Anyone determined in the judgment of the Ann Arbor YMCA management to be responsible for threats of (or actual) violence or other conduct that is in violation of these guidelines will be subject to prompt disciplinary action up to and including the immediate termination of employment, as deemed appropriate in the sole discretion of the Ann Arbor YMCA. The Ann Arbor YMCA encourages staff to bring their disputes or differences with staff or others to the attention of their supervisors or the Vice President of Operations before the situation escalates into potential violence. Section 14. Employment of Relatives Relatives of employees by blood, marriage, adoption, or significant others will not be employed in any full-time position where one relative reports to another. Immediate family members of the Board of Directors will not be employed in any full-time position. A family member is defined as an employee’s spouse, children, sibling, parent, grandparent or other related individuals whose care is the responsibility of the employee. Exempt from this policy are part-time or seasonal employees in positions of less that one hundred and twenty (120) days employment. However, in such cases they are not to be supervised by a relative. Exceptions to this policy may only be made by the President or designee or the Board of Directors. Ann Arbor YMCA Human Resources Handbook • July 2009 This document supercedes all previous Personnel Policies. 15 Section 15. Expenses and Allowances Reasonable and authorized (in advance) expenses, incurred while on approved Ann Arbor YMCA business will be reimbursed. Such expenses may include: 1. Travel expenses, including fares, mileage, and meals and lodging that are accompanied by receipts. 2. Conference and training event expenses, including registration fees. 3. Membership dues and meals in a service club, professional society (including APD see Article IX, Section 3, E.2.), or community organization where such membership is deemed advantageous to the Ann Arbor YMCA’s interest. Section 16. YMCA Driver’s Requirements All Ann Arbor YMCA staff driving Ann Arbor YMCA owned or leased vehicles or who drive personal vehicles on behalf of the Ann Arbor YMCA are required to comply with the following: 1. Driver’s license number must be submitted for screening by Michigan Motor Vehicle Registration (MVR). 2. Employees will be required to satisfactorily pass the MVR as determined by the Ann Arbor YMCA. 3. Any use of non-YMCA owned vehicles used on behalf of the Ann Arbor YMCA would require compliance with personal insurance minimums. See the President for specifics. Rescreening will occur periodically. A chauffeur’s license is required for any staff member transporting children. Section 17. Dress Code Immediate supervisors are responsible for the preparation and supervision of dress codes for all of their employees. All such dress codes shall be governed by program needs of the Ann Arbor YMCA and may be modified at the discretion of management. Section 18. Technology Policy A. General Technology: The Ann Arbor YMCA maintains electronic mail systems, voice mail systems, computers, telephones, facsimile and related technology. These systems are provided to assist in the conduct of YMCA business. All hardware relating to these systems at the Ann Arbor YMCA is its property. The use of the Ann Arbor YMCA systems are reserved solely for the conduct of its business. The only exception relates to the occasional use of Internet and voice mail for personal use, subject still to the other provisions of this policy. Employees shall not post, display or make easily available any access information, including, but not limited to, passwords. Neither the Internet, through the Ann Arbor YMCA systems, nor our E-mail system, may be used to solicit or proselytize for commercial ventures, religious or political causes, outside organizations or other non-job-related solicitations. The Internet, E-mail and voice mail of the YMCA is not to be used to create any offensive or disruptive messages. Among those which are considered offensive, are any messages which contain sexual implications, racial slurs, genderspecific comments, or any other comment that offensively addresses someone’s age, sexual orientation, religious or political beliefs, national origin or disability. Business information through the Ann Arbor YMCA’s systems cannot be utilized for personal purposes and/or gain. At no time shall our systems be used to engage in conduct that violates the laws on defamation, i.e., slander and libel. Ann Arbor YMCA Human Resources Handbook • July 2009 This document supercedes all previous Personnel Policies. 16 Any employee who violates this policy or uses the electronic mail system for improper purposes shall be subject to disciplinary action, up to and including immediate discharge, as deemed appropriate by the Ann Arbor YMCA. B. Voicemail and telephone Systems: All messages composed, sent, or received on these systems are and remain the property of the Ann Arbor YMCA. They are not the private property of any employee. The Ann Arbor YMCA reserves the right to at any time, for whatever reason, open the voice recordings of any employee on the Ann Arbor YMCA system. Employees shall not share voice mail passwords. Since many voice mail messages, especially those regarding confidential and/or proprietary information, are recorded with an expectation of privacy on the part of the sender, only the intended recipient should access voice mail messages. Voice mail passwords also must not be shared with individuals outside of the Ann Arbor YMCA. Unauthorized access to the voice mail system can result in unauthorized access to the telephone system. C. Email: All messages composed, sent, or received on these systems are and remain the property of the Ann Arbor YMCA. They are not the private property of any employee. The Ann Arbor YMCA reserves the right to at any time, for whatever reason, the E-mail and Instant Messages (IM) of any employee on the Ann Arbor YMCA system. All E-mail must identify the sender. E-mails may not be sent anonymously. Employees shall not share an electronic mail password, provide electronic mail access to an unauthorized user, or access another user’s electronic mail box without authorization. The electronic mail system shall not be used to send (upload) or receive (download) copyrighted materials, trade secrets, proprietary financial information, license agreements, patents or similar materials. E-mails should not be used to convey proprietary, confidential information of the Ann Arbor YMCA. Notwithstanding the Ann Arbor YMCA’s right to retrieve and read any electronic mail messages, such messages should be treated as confidential by other employees and accessed only by the intended recipient. Co-employees are not authorized to retrieve or read any electronic mail messages that are not sent to them. Employees shall not use a code, access a file, or retrieve any stored information, unless authorized to do so. Co-employees should not attempt to gain access to another co-employee’s messages without the latter’s permission. While using E-mail, you should avoid casual or humorous messages as they are often misconstrued or taken out of context. Remember, it is difficult to fully erase messages from these systems. D. Internet Access: Use of the Ann Arbor YMCA’s Internet connection for “moonlighting” or job searches is prohibited. The Internet may not be used in a manner that violates copyright, patents, license agreements and proprietary material constraints. Prohibited use of the Ann Arbor YMCA’s Internet connections includes, but is not limited to engaging in computer “hacking” and other related activities or attempting to disable or compromise the security of information contained on the Ann Arbor YMCA computers. Because postings placed on the Internet may display the Ann Arbor YMCA’s address, make certain before posting information on the Internet that the information reflects the standards and policies of the Ann Arbor YMCA. Under no circumstances shall information of a confidential, sensitive or otherwise proprietary nature be placed on the Internet. Ann Arbor YMCA Human Resources Handbook • July 2009 This document supercedes all previous Personnel Policies. 17 Information posted or viewed on the Internet may constitute published material. Therefore, reproduction of information posted or otherwise available over the Internet may be done only by express permission from the author or copyright holder. Unless the prior approval of the Ann Arbor YMCA’s Systems Administrator has been obtained, users may not establish Internet or other external network connections that could allow unauthorized persons to gain access to the Ann Arbor YMCA’s systems and information. These connections include the establishment of hosts with public modem dial-ins, World Wide Web home pages and File Transfer Protocol (FTP). E. Digital Storage: All messages composed, sent, or received on these systems are and remain the property of the Ann Arbor YMCA. They are not the private property of any employee. The Ann Arbor YMCA reserves the right to at any time, for whatever reason, open the computer files of any employee on the Ann Arbor YMCA system. All files downloaded from the Internet must be checked for possible computer viruses. If uncertain whether our viruschecking software is current, you must check with the Systems Administrator before downloading. The Ann Arbor YMCA may also have full access and assert ownership of all contents of hard-drives and network drives relating to any of its computer or computer systems. The contents of these systems, properly obtained for legitimate business purposes, may be disclosed within the Ann Arbor YMCA, without the permission of the employee. F. Remote Network Access: Staff accessing the network require prior authorization. Staff also require a functioning firewall and Antivirus software at their local access point. Any employee who discovers a violation of this policy shall notify a member of the Ann Arbor YMCA senior management. VIII. EMPLOYEE BENEFITS Benefits described in this Handbook may be modified, with or without notice, at any time. Nothing in this Handbook is intended to constitute a Summary Plan Description of any benefit plan, and all benefits subject to a Summary Plan Description are controlled by those documents. All benefits offered, from time to time, through the YMCA plan are also subject to the regulations and policies of the applicable underwriters and/or carriers. Section 1. Benefits Philosophy Employee benefits represent a significant part of an employee’s compensation package. They help provide security and protection against stresses which otherwise could disrupt the individual employee’s work and family life. The Ann Arbor YMCA’s benefits program is focused to enhance the work environment. It is responsive to the increased recognition that employees have different needs, depending on their age, marital status and dependents. The Ann Arbor YMCA’s benefits program complies with and supplements government-mandated laws and regulations. Descriptive materials, related to benefits, are provided to employees during their initial orientation and as otherwise required by law. Section 2. Eligibility for Benefits Part-time, seasonal, temporary, Casual On-Call, Government Funded Project/Program are not eligible for Paid-Time Off benefits. Ann Arbor YMCA Human Resources Handbook • July 2009 This document supercedes all previous Personnel Policies. 18 All full-time, continuous employees are eligible to enroll for benefits at the time of their employment. However, full participation will be subject to meeting the plan requirements of specific benefits coverage or by restrictions detailed in other parts of these guidelines. Subject to the type and amount of benefits offered to full-time employees of the Ann Arbor YMCA, there will be no interruptions of benefits, such that the Ann Arbor YMCA offers said benefit, for employees in the same classification who have transferred from another YMCA. For the purpose of determining benefits (when years of service are the basis for awarding the benefits) continuous full-time employment in any YMCA (local or national) is to be counted.Years of service are counted from the original date of full-time employment and continue to accrue, as long as that employment remains full-time without interruption. A break in continuous service of more than one year will result in the use of the most recent date of hire. To receive credit for past YMCA service, for the purpose of determining benefits eligibility, an employee of any YMCA must begin working at the Ann Arbor YMCA within one year of the employee’s termination date at the prior YMCA. Section 3. Categories of Benefit Protection A. Legally-Mandated Benefits 1. Social Security All employees are required to participate jointly with Ann Arbor YMCA in the federal Social Security Program. 2. Worker’s Compensation In case of absence because of compensable accident or sickness arising out of or in the course of employment on the job, the employee shall receive compensation as provided under Worker’s Compensation Insurance of the State of Michigan. 3. Unemployment Compensation Unemployment insurance was established to provide security for those persons unemployed through no fault of their own. Employees are eligible for Unemployment Compensation in the manner and to the extent provided by the Michigan Employment Security Act. The cost is paid by the Ann Arbor YMCA. 4. Continuation of Health Coverage Part-time, seasonal, temporary, Casual On-Call, Government Funded Project/Program are not eligible for Health Coverage and therefore they are also not eligible for Continuation of Health Coverage. Federal Law (COBRA) requires that employees and/or their families be offered the opportunity for a temporary extension of their existing health coverage (at the group rate) in certain cases where it would otherwise terminate. Eligible individuals are: *Employees who lose coverage because of a reduction in their hours of employment. *Terminated employees (except for those terminated for gross misconduct). *Covered dependents in certain circumstances as prescribed in federal statutes. Anyone eligible for this extension must request it in writing within 60 days from the later of the date on which their existing coverage would end or the date they receive notice of the right to continue coverage following a qualifying event. They must also agree to pay the full premium-cost of such coverage, plus a 2% administrative fee. If an eligible individual does not timely choose continuation coverage, health insurance will end on the last day of the month of such termination. Ann Arbor YMCA Human Resources Handbook • July 2009 This document supercedes all previous Personnel Policies. 19 5. Family Medical Leave Act Federal regulations implementing the Family and Medical Leave Act of 1993 (“FMLA”) are long, detailed and not practical for complete reproduction in this manual. Accordingly, this policy will only provide an overview of the FMLA and document the Ann Arbor YMCA’s position in those areas of the FMLA where the Ann Arbor YMCA has some discretion. In all cases the Ann Arbor YMCA fully intends to comply with the requirements of the FMLA and will make available, upon request, a complete copy of the regulation implementing the FMLA. a. Definition: In general, the Family and Medical Leave Act grants eligible employees the right to request and receive up to twelve weeks of unpaid, job-protected leave in a twelve month period for one or more of the following reasons: 1) for the birth, adoption, or foster care placement of a child; 2) for the care of the employee’s spouse, child or parent who has a “serious health condition”; or 3) for a “serious health condition” that makes the employee unable to perform his or her job. The FMLA also requires continuation of group health insurance during the leave on terms identical to those under which it was provided immediately prior to the leave. b. Eligibility: Employees become eligible to request a family and medical leave following 12 months of employment with the Ann Arbor YMCA and 1,250 hours of service during the 12-month period immediately preceding the commencement of the leave. c. Initiation of Family Medical Leave: 1. Employee initiated: The employee is required to submit a completed “Family and Medical Leave Act Request Form” to the Vice President of Operations. Request forms may be obtained from the H.R. Forms box in the Administration Hallway or from the HR/IT Director. Notice must be given at least 30 days before the start of FMLA leave if the leave is foreseeable due to an expected birth, placement for adoption, or foster care, or planned medical treatment for a “serious health condition”. If 30 days notice cannot be given because of uncertainty about when the leave will need to start, a change in circumstances, or medical emergency, notice must be given as soon as possible (ordinarily within one or two business days) of when the need for leave becomes known. If an employee fails to give 30 days notice of foreseeable leave without a reasonable excuse, leave may be delayed until at least 30 days after the employee provides notice of the need for leave. 2. Employer initiated: When any of the above conditions are met, but the employee has not requested FMLA, the Ann Arbor YMCA may initiate FMLA for the employee. Leave will be retroactive to the beginning of birth, adoption, foster care or “serious health condition”. d. Medical Certification for “Serious Health Condition”: Regardless of whether a “serious health condition” is related to the employee, the employee’s child, spouse or parent, the Ann Arbor YMCA may request a completed Certification of Health Care Provider form (form WH-380) from the employee. If there are questions regarding the completed form, a health care provider representing the Ann Arbor YMCA may contact the employee’s certifying health care provider, with the employee’s permission, to clarify the information and to confirm that the information was provided by that health care provider. The Ann Arbor YMCA may delay leave as stated in the previous section, if the employee does not properly notify it of his or her request for FMLA leave. If an employee does not provide requested medical certification supporting a leave, the leave is not FMLA and, therefore, the employee is not protected by the FMLA. The Ann Arbor YMCA may require (at its own expense) a second and third medical opinion from a Ann Arbor YMCA Human Resources Handbook • July 2009 This document supercedes all previous Personnel Policies. 20 certifying health care provider if it has reason to doubt the validity of the medical certification. The Ann Arbor YMCA will also cover any reasonable out-of-pocket travel expenses associated with the additional medical opinions. The Ann Arbor YMCA may also request re-certification throughout FMLA leave in 30-day interval. If the employer requests re-certification, the employee must respond within 15 days of the request. The re-certification is at the employee’s expense. e. How much leave and How often: Eligible employees are entitled to 12 weeks of leave in a rolling 12 month period looking back from the first day of the new leave period being requested. In other words, any time an employee requests FMLA leave, his or her entitlement would be any remaining balance of the 12 weeks, which had not, been used during the immediately preceding 12 months. An employee’s entitlement to leave for a birth or placement for adoption or foster care expires at the end of the 12-month period beginning on the date of the birth or placement. Any such FMLA leave must be concluded within this one-year period. f. Intermittent and Reduced Work Leave: With respect to FMLA leaves where the leave is taken to care for a seriously ill family member or for an employee’s own “serious health condition”, leave may be taken intermittently or on a reduced work schedule when medically necessary. Each hour of intermittent or reduced work leave will be counted against the employee’s 12-week entitlement. In any case, intermittent and reduced work leave is limited to a “serious health condition”. The Ann Arbor YMCA reserves the right to temporarily transfer an employee requesting intermittent leave or a reduced work leave schedule to an alternative position with equivalent pay and benefits if the employee is qualified for the position and the transfer better accommodates the YMCA’s staffing needs. g. Limitation of Spouses Employed by the Ann Arbor YMCA: There is a limit to the total number of workweeks of FMLA leave available to a husband and wife who both work for the Ann Arbor YMCA. The maximum number of workweeks of FMLA leave that both spouses can take in the aggregate is 12 for: i. the birth of a child or to care for the child after birth: or ii. the placement of a child for adoption or foster care, or to care for the child after placement; or iii. to care for a sick parent with a “serious health condition”. The only exception to the limitation is to care for one spouse or child with a “serious health condition”. h. Military and Family Leave Entitlement: Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings. FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered servicemember during a single 12-month period. A covered servicemember 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 ren- Ann Arbor YMCA Human Resources Handbook • July 2009 This document supercedes all previous Personnel Policies. 21 der the servicemember medically unfit to perform his or her duties for which the servicemember is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list. i. FMLA and the Disability Income Plan: The Ann Arbor YMCA will deduct any time off given under a disability plan from the employee’s 12 week entitlement under the FMLA. For example, if an employee is placed on disability two weeks prior to the delivery of a child, the employee would be entitled to ten remaining weeks of FMLA leave. j.Vacation and FMLA Leave: Regardless of the reason for an FMLA leave, the Ann Arbor YMCA will require an employee to use all of any available vacation time against the front-end of the requested leave. If the calculation does not equal a full day, the resulting calculation will be rounded up to the next highest full day. If the leave relates to the “serious health condition” of the employee or his or her spouse, child or parent, the employee may elect to substitute paid sick time for the leave. k. Benefit Continuation: During the leave, an employee will continue to be covered by the Ann Arbor YMCA’s group health coverage plans as required by law. The group health coverage benefits available to employee on FMLA leave will be subject to the same terms and conditions as other employees of the Ann Arbor YMCA. After the FMLA leave is approved, the Ann Arbor YMCA will provide the employee with written notification of the terms and conditions governing their group health coverage and premiums. If an employee’s premium payment is more than 30 days late, the Ann Arbor YMCA may terminate the employee’s health plan coverage during the leave. An employee returning from an FMLA leave due to his or her own “serious health condition” will be required to submit a new medical certification return to work physical examination. This form must be received by the Human Resources Department on or before the employee’s first day back to work. Upon returning to work, an employee will automatically have his or her benefits restored without having to satisfy any waiting periods, pre-existing condition, or evidence of insurability requirements. l. Job Restoration: Upon return from the FMLA leave, the Act requires that the employees, other than “key employees”, be restored to their same or equivalent positions and schedules with equivalent pay, benefits, and other employment terms. However, the Act also states that employees have no greater right to reinstatement than they would have had if they worked continuously during the leave period. If an employee fails to return to work at the expiration of the FMLA leave entitlement, the Ann Arbor YMCA will consider the employee as having resigned and may recover the premiums paid on the employee’s behalf during the period of unpaid FMLA leave. 6. Military Service When an employee is called or recalled for active duty in the military, the Ann Arbor YMCA will grant an official leave of absence without pay. Re-employment rights correspond to existing applicable laws. Under the Uniformed Services Employment and Reemployment Rights Act (which is know as “USERRA”) as now in effect, if you serve in the military you have the right to be reemployed in your job with us if you leave that job to perform service in the uniformed service and: 1) you ensure that we receive advance written or verbal notice of your service; 2) you have five years or less of cumulative service in the uniformed services while employed or on leave with us; 3) you return to work or apply for reemployment in a timely manner after conclusion of service; and 4) you have not been separated from service with a disqualifying discharge or under Ann Arbor YMCA Human Resources Handbook • July 2009 This document supercedes all previous Personnel Policies. 22 other than honorable conditions. If you are eligible to be reemployed, you must be restored to the job and benefits you would have attained if you had not been absent due to military service or, in some cases, a comparable job.You also have the right to be free from discrimination or retaliation, and therefore if you: 1) are a past or present member of the uniformed service; 2) have applied for membership in the uniformed service; or 3) are obligated to serve in the uniformed service, individuals in these categories cannot be denied initial employment; reemployment, continued employment, promotion, or any benefit of employment. In addition, an employer may not retaliate against anyone assisting in the enforcement of USERRA rights, including testifying or making a statement in connection with a proceeding under USERRA. Further, under USERRA, if you leave your job to perform military service, you have the right to elect to continue your employer-based health plan coverage, which you may be receiving for you and your dependents for up to 24 months while in the military – subject to the general COBRA rules. Even if you don’t elect to continue coverage during your military service, you have the right to be reinstated (if applicable) in your employer’s health plan when you are reemployed, generally without any waiting periods or exclusions (e.g., pre-existing condition exclusions), except for service-connected illnesses or injuries. The U.S. Department of Labor veterans Employment and Training Service (VETS) is authorized to investigate and resolve complaints of USERRA violations. There are also other remedies available to you under the law. An employee, who is on an approved leave to serve (including training) in the Armed Forces Reserves or National Guard, may use his or her earned vacation time for such service and thereby receive his/her full salary from the Ann Arbor YMCA for that period, to the extent earned days are available. For training that is taken at a time other than vacation, the Ann Arbor YMCA will pay the difference between the employee’s salary and the military pay. Upon being informed of a military obligation, every effort should be made by employees to contact their supervisor immediately. B. Provisions for Income Supplement and Retirement 1. Participation in the YMCA Retirement Fund Part-time, seasonal and temporary employees, who work 1,000 hours in each of any two twelve month periods from anniversary date of employment, are eligible for and are required to enroll in specified retirement coverage benefits. Participation shall be elective if the employee is hired after the age of 60. For full-time employees that are between the age of 21 and 60 at the time of their employment, participation in the YMCA Retirement Fund is a condition of employment. Full-time employees, who work 1,000 hours in each of two twelve month periods from the anniversary date of employment, are eligible for and required to enroll in specified retirement coverage benefits. Participation shall be elective if the employee is hired after the age of 60. Eligibility, benefits, definitions and requirements are determined by the YMCA Retirement Fund in agreement with the YMCA and in compliance with the Employee Retirement Income Security Act of 1974. All revisions needed to comply with pension-reform legislation shall occur accordingly. A YMCA Retirement Fund Manual providing information on the extent of benefit coverage will be provided to participating employees. 2. Tax-deferred Annuities A tax-deferred annuity program is available, on a voluntary basis, to all eligible employees through the YMCA Retirement Fund. C. Paid Time-off Benefits Part-time, seasonal, temporary, Casual On-Call, Government Funded Project/Program are not eligible for Paid-Time Off benefits. Ann Arbor YMCA Human Resources Handbook • July 2009 This document supercedes all previous Personnel Policies. 23 1. Floating Holidays The Ann Arbor YMCA currently grants to all full-time employees ten (10) paid holidays per calendar year (January 1-December 31). The President annually establishes the fixed holidays (6), with the remainder (4) designated as floating holidays to be scheduled by the employee, with the prior approval of the supervisor. The 4 floating holidays will be allotted at the rate of one per quarter (on the first of January, April, July and October). Employees are eligible for paid holidays after 90 days of full-time employment. On fixed holidays, staff may be retained to cover critical areas of operation, as determined by the Ann Arbor YMCA. If one of the fixed holidays falls on a day where the employee is not scheduled for work, or if the employee is required to be on duty that day, they will be given another day off within the week of the holiday. Every attempt will be made to notify the employee at least a week in advance of scheduling. Employees are compensated equally at their standard pay rate for the hours they would otherwise have worked that day. Holidays, fixed or floating, may not be carried over to the following year or paid at separation. 2. Vacations The Ann Arbor YMCA believes that a vacation is beneficial to the health and welfare of employees and should be taken each year. Vacation allowance is with full salary and is based upon full-time employment. Vacation days are currently accumulated at the rates prescribed below. Credit will be given starting with the first full month of employment and will be given for a full month of active employment only. Employees are eligible to use their accumulated vacation days after 90 days of full-time employment. The vacation schedule applies to all full-time and salary exempt staff: Years of Service Accrual Rate Maximum Accrual per Employment Anniversary Year During first year 6.67 hours/month 6.67 hours/month Beginning of 2nd year through 3rd year Beginning of 4th year through 8th year Beginning of 9th year through 20th year 6.67 hours/month 80 hours 10.00 hours/month 120 hours 13.33 hours/month 160 hours Beginning of 21st year & beyond 16.67 hours/month 200 hours A vacation day is eight hours. Vacation earned, but not used as of the employee’s employment anniversary date must be taken within the next 12-month period or forfeited. Vacation days may be used in no less than half day increments. The President must approve any exception to this policy. Vacation requests need to be submitted a minimum of two weeks in advance. Vacation schedules must be approved and may be revoked by the President at the YMCA’s discretion. Ann Arbor YMCA Human Resources Handbook • July 2009 This document supercedes all previous Personnel Policies. 24 Compensation is not granted in lieu of unused vacation, except upon separation from Ann Arbor YMCA employment. All earned but unused vacation will be paid, provided the employee submits a two (2) week notice. In the event that an employee voluntarily separates from the Ann Arbor YMCA, but does not provide the YMCA with a two (2) week notice and/or does not return YMCA property to the YMCA, all earned but unused vacation will be forfeited. If medically documented illness occurs within an employee’s vacation period, accumulated available sick days may be used in lieu of vacation for those days of illness. 3. Paid Illness/Injury Leave A full-time employee is eligible to begin accrual for paid illness/injury leave after 90 calendar days of full-time employment. At termination, employees will not be compensated for unused illness/injury days. Full-time employees’ illness/injury days are currently accrued at a rate of 6.67 hours per full month worked, beginning in the full month following completion of the first 90 days of full-time employment. Employees may accrue a maximum of 24 illness/injury days. The Ann Arbor YMCA recognizes that from time to time there is a need to take time off to care for a family member due to illness or injury. Full-time employees may use up to 3 days per calendar year of accumulated but unused illness/injury leave for this purpose. A family member is defined as an employee’s spouse, children, sibling, parent, grandparent or other related individuals whose care is the responsibility of the employee. Physician verification of illness may be requested at any time. Physician verification of illness must be provided if more than 3 consecutive workdays are missed. 4. Bereavement The Ann Arbor YMCA recognizes that there is a need to take time off due to the death of a family member. In recognition of this need, up to three (3) days paid time-off will be granted per calendar year upon approval of the supervisor. A family member is defined as an employee’s spouse, child, sibling, parent, grandparent or other related individuals whose care is the responsibility of the employee or employee’s spouse. 5. Jury Duty A full-time employee, who is called for jury duty, will receive full pay during such time of service, and retain any fees paid for his or her duty. Jury duty shall not affect an employee’s vacation allowance. Documentation of jury duty must be presented to the Ann Arbor YMCA in order to be paid. 6. Flexible Benefit Plan A Flexible Benefit Plan is currently offered to all eligible full-time employees of the Ann Arbor YMCA. Employees are able to select from the following benefits: Life Insurance, Accidental Death and Dismemberment Insurance, Long Term Disability Insurance, Short Term Disability Insurance, Medical Insurance, Dental Insurance, Medical Care Reimbursement Account, and Dependent Care Reimbursement Account. A Summary Plan Description of the Flexible Benefit Plan will be provided to each employee. The Plan may require participation in one or more of the above benefits. D. Other Benefits 1. YMCA Membership Part-time and seasonal or temporary employees are currently provided full individual membership. In addition: Ann Arbor YMCA Human Resources Handbook • July 2009 This document supercedes all previous Personnel Policies. 25 a. Part-time staff regularly scheduled to work 1-19 hours per week may apply a 25% staff credit to the total price of a family membership. b. Part-time staff regularly scheduled to work 20-34 hours per week may apply a 50% staff credit to the total price to a family membership. Full-time staff are currently provided full family membership. 2. YMCA Program During normal hours of Child Watch operation, staff may bring their children to Child Watch while they are on duty at the Ann Arbor YMCA pursuant to the rules and regulation of the Child Watch program. a. Part-time staff regularly scheduled to work 1-19 hours per week are not eligible for staff credit towards classes, courses, childcare or camp. Their dependents are not eligible for staff credit towards classes, courses, childcare or camp. b. Part-time staff regularly scheduled to work 20-34 hours per week may apply a 50% staff credit towards classes and courses. Their dependents may apply a 10% staff credit towards classes, courses, childcare and camps. If dependents are not members, then the credit is on the higher non-member fee. c. Full-time staff are currently provided full family membership. They may apply a 50% staff credit towards all childcare programs. Full-time may take classes and courses may be taken free of charge unless there is a direct “out-of-pocket” expense to the YMCA, and then the employee will pay the “out-of-pocket” cost only. Dependents or spouses of full-time staff may apply a 75% staff credit towards the member prices of classes and courses. If there is an “out-of-pocket” expense to the YMCA, they will pay the “out-ofpocket” expenses in addition to their portion of the class/course fee. Dependents or spouses of full-time staff may apply a 50% staff credit towards of all camp programs. D. Other Benefits: 1. YMCA Membership and 2.YMCA Programs a. Part-time staff that is regularly scheduled to work 1–19 hours per week Part-time staff that is regularly scheduled to work 20-34 hours per week Full-time staff Individual Staff Membership 100% staff credit 100% staff credit 100% staff credit Additional Family Membership 25% staff credit 50% staff credit 100% staff credit Individual Staff Programs/Classes Not eligible for staff credit 50% staff credit 100% staff credit Additional Family Programs/Classes Not eligible for staff credit 10% staff credit 75% staff credit Additional Camp and Childcare Not eligible for staff credit 10% staff credit 50% staff credit Ann Arbor YMCA Human Resources Handbook • July 2009 This document supercedes all previous Personnel Policies. 26 3. Association of Professional Directors Membership (APD) APD is a professional organization designed to unite professional staff members in a fellowship which gives leadership to the YMCA movement. The Ann Arbor YMCA currently pays for one half the cost of the annual membership fee for exempt employees. 4. Professional Development The Ann Arbor YMCA will pay for those training/educational opportunities that are a part of an approved written annual training plan in accordance with normal expense reimbursement procedures (see Article VII, Section 13). 5. Educational Assistance Under the tax code an employer may provide non-taxable educational assistance for employees. For this purpose, educational assistance means the payment of expenses incurred by the employee for education at the college level or above including but not limited to tuition, fees and similar payments, books, supplies and equipment and the provision of courses of instruction by the employer. Reimbursable expenses do not include payment or provision of tools or supplies, which the employee may retain after the completion of a course or meals, lodging or transportation. Ann Arbor YMCA may provide educational assistance to formally classified full time employees with at least one year of full time service. Eligible employees may be reimbursed for courses of study that the Ann Arbor YMCA determines are directly related to, are required for, or significantly improve the ability of the employee to perform their job. In addition, to be eligible for reimbursement, courses or programs must be offered by an accredited institution of learning. Employees who want educational assistance must have the prior approval of their direct supervisor, the department head who supervises their program and the President before enrollment. Approval will be at the discretion of the President. The President may cap the Education Assistance program at any time at the sole discretion of the Ann Arbor YMCA. Employee reimbursement for eligible educational assistance will normally be based upon the grade received for the course as follows: a. Part-time staff regularly scheduled to work 1-19 hours per week are not eligible for Education Assistance program. b. Part-time staff regularly scheduled to work 20-34 hours per week Undergraduate Education: For a passing grade (“C” or above) or Pass (pass/fail), 100% of reimbursable costs (See page 17, Section 13. Expenses and Allowances). For a non-passing grade (“C-“ or below) or Fail (pass/fail), none of reimbursable costs (See page 17, Section 13. Expenses and Allowances). Graduate Education: For a passing grade (“B” or above) or Pass (pass/fail), 80% of reimbursable costs (See page 17, Section 13. Expenses and Allowances). For a non-passing grade (“B-“or below) or Fail (pass/fail), none of reimbursable costs (See page 17, Section 13. Expenses and Allowances). Employees seeking reimbursement for educational expenses must submit to the Director of Business Operations a certified transcript of their grades and receipts for the expenses incurred. Ann Arbor YMCA will then reimburse to the employee the applicable percentage of the cost up to a maximum of $500 per calendar year. Ann Arbor YMCA Human Resources Handbook • July 2009 This document supercedes all previous Personnel Policies. 27 c. Full-time staff Undergraduate Education: For a passing grade (“C” or above) or Pass (pass/fail), 100% of reimbursable costs For a non-passing grade (“C-“ or below) or Fail (pass/fail), none of reimbursable Graduate Education: For a passing grade (“B” or above) or Pass (pass/fail), 80% of reimbursable costs For a non-passing grade (“B-“or below) or Fail (pass/fail), none of reimbursable costs Reimbursement: Employees seeking reimbursement for educational expenses must submit to the Director of Business Operations a certified transcript of their grades and receipts for the expenses incurred. Ann Arbor YMCA will then reimburse to the employee the applicable percentage of the cost up to a maximum of $1,000 per calendar year. 6. Outside Consulting Employees are permitted to provide consultant services to other YMCA’s, and/or kindred organizations with goals and objectives similar to the YMCA’s, subject to the approval of their supervisor and the President. If employees are released from job responsibilities to provide such services and remuneration is received, then the Ann Arbor YMCA must be reimbursed for any consulting fee received by those employees. If employees consult during their time off, the employee may retain any remuneration. IX. STAFF AND CAREER DEVELOPMENT Section 1. Performance Appraisal A formal appraisal is normally conducted at least annually for the purpose of reviewing and evaluating an employee’s performance, jointly developing plans for the continued growth and development for the employee and establishing ways in which the supervisor can be of help to the employee in achieving the plan. The appraisal should be in written form, signed by both the employee and supervisor and placed in the employee’s personnel file. Section 2. Salary Reviews Individual salaries are normally reviewed annually. Increases are not guaranteed and are granted on the basis of merit. The performance appraisal process determines such merit increases, the guidelines of the YMCA salary administration program, the job market and the financial resources and priorities of the Ann Arbor YMCA, or as determined by the Board. Section 3. Staff Development and Training The Ann Arbor YMCA recognizes that the quality of its work is directly related to the continuing career-growth and training opportunities for employees. Though it believes that professional development is the primary responsibility of the individual, the Ann Arbor YMCA also strives to provide employees with timely and effective training experiences, mutually-based upon the Ann Arbor YMCA’s goals and the employee’s needs, as well as the Ann Arbor YMCA’s resources. Consequently, periodic consultations between employees and their supervisors to identify training and career development needs may be conducted; and a written annual training plan for each prepared. X. LEAVES OF ABSENCE A. Part-time, seasonal, temporary, Casual On-Call, Government Funded Project/Program are not eligible for PaidTime Off benefits. Ann Arbor YMCA Human Resources Handbook • July 2009 This document supercedes all previous Personnel Policies. 28 B. Full-time staff, which has a minimum of 12 months full-time service to the Ann Arbor YMCA, may be granted extended leaves of absence (up to 6 months) without pay for unusual circumstances including personal reasons or continuing formal education. Requests for extended leaves, along with a full explanation and projected schedule, must be made in writing and submitted to the President, with whom the final decision rests. The Ann Arbor YMCA will require an employee to use all of any available vacation time against the front-end of the requested leave. If the calculation does not equal a full day, the resulting calculation will be rounded up to the next highest full day. Two weeks prior to the end of the approved extended leave, the employee shall notify the President of his or her intent to return to work. If the employee chooses not to return, or fails to give a timely notice of intent to return, it shall be considered that the employee has voluntarily resigned. During the extended leave, the employee’s prior service is protected for all benefits. Employees at their own expense may request continuation of insurance benefits, subject to the carrier’s rules and/or COBRA. Upon return from an extended leave, the Ann Arbor YMCA will endeavor to place the employee in the same or a comparable position to the one held before the leave began. Should a position not be available upon the employee’s return, the leave shall expire and the employee’s employment will be terminated. If rehired, following such termination, the employee shall be given full credit for prior service. Should this provision conflict with FMLA guidelines, FMLA will prevail. XI. SEPARATIONS Section 1. Resignation The Ann Arbor YMCA requests that a resignation freely made by an employee to terminate his or her work relationship be given by written notice. It is also requested that all Full-Time Staff give at least 30 days notice and all other employees give at least two weeks notice prior to the last day of employment. Employees who provide less than the requested notice will forfeit earned but unused vacation. Section 2. Reduction in Work Force Involuntary separation may be implemented as a result of economic necessity, operational and/or programmatic changes, re-organization or any other reason that the President determines requires a reduction in the present work force. Such separations, unless otherwise stated in writing, shall be deemed permanent. The selection of employees/positions affected will be based on the needs, priorities and interests of the Ann Arbor YMCA. The Ann Arbor YMCA will endeavor to give employees, who have been employed for at least one year, a minimum of 14 days notice prior to termination under this provision. Section 3. Termination All employees are “at will employees” and may be separated from employment with the Ann Arbor YMCA at any time, with or without cause, and with or without notice, at the option of either the Ann Arbor YMCA or the employee. Section 4. Retirement Retirement is the voluntary choice of the employee. In such cases, the YMCA requests a minimum of 30-day notice be given. Employees who provide less than the requested notice will forfeit earned but unused vacation (Article IX, Section 2). Ann Arbor YMCA Human Resources Handbook • July 2009 This document supercedes all previous Personnel Policies. 29 Ann Arbor YMCA Human Resources Handbook • July 2009 This document supercedes all previous Personnel Policies.
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