Loading...
HomeMy WebLinkAboutCRA-R-14-0023 Exhibiti EMPLOYEE HANDBOOK SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY Revised: 2013 Created: 2004 1 I Table of Contents FOREWORD A. INTRODUCTION 5 1. Composition and Work Environment 5 2. Equal Employment Opportunity Policy Statement 5 3. Non -Discrimination and Anti -Harassment Policy 5 4. Americans with Disabilities Act Policy Statement 8 5. Conflict of Interest and Outside Employment Statement 9 6. Public Records Requests 11 B. EMPLOYMENT 12 1. Initial Employment Period 12 2. Employee Categories 12 3. Transfers and Promotions 13 C. COMPENSATION 14 1. Performance Management and Compensation Programs 14 2. Compensation Schedule 14 3. Time Records 15 4. Overtime Pay 16 5. Personnel Records 17 6. Immigration Law Compliance 17 7. Deductions from Pay of Exempt Employees 18 D. TIME OFF 19 1. Personal Time Off 19 2. Absence Due to Illness 20 3. Holidays 21 4. Bereavement Leave 21 5. Jury Duty 22 6. Military Leave 22 7. Leave Under The Family And Medical Leave Act (FMLA) 24 8. Leave of Absence Without Pay 29 9. Domestic Violence Leave Policy 30 E. EMPLOYEE BENEFITS 31 1. Disclaimer 31 2. Health and Dental Insurance 32 3. 401 P1an/457 Plan 33 4. Workers' Compensation Benefits 33 5. Tuition Reimbursement 33 F. ON-THE-JOB 34 1. Attendance, Punctuality and Dependability 34 2. Drug and Alcohol Abuse 34 3. Appearance and Conduct 35 2 4. Anti -Nepotism Policy 35 5. Romantic or Sexual Relationships 35 6. Violence in the Workplace 36 7. Accidents and Emergencies 37 8. Open Door Policy 37 9. Use of Bulletin Boards 37 10. Computer and Telephone Systems Policy 37 11. Social Media Policy 41 12. Use of CRA Equipment and Computer Systems 43 13. Internal Investigations and Searches 44 14. Reference Checks 44 15. Smoking Policy 45 16. Tape Recording Policy 45 17. Travel Reimbursement 45 G. DISCIPLINARY POLICY 46 1. Generally 46 2. Types of Discipline 48 H. LEAVING THE CRA 49 1. Resignation 49 2. Termination 50 3. Post Resignation/Termination Procedures 50 APPENDICES A. Acknowledgement of Receipt for Employee Handbook B. Acknowledgement of Non -Discrimination & Anti -Harassment Policy and Complaint Procedure C. Authorization for Payroll Deductions D. Acknowledge of Computer and Telephone Systems Policy E. Drug Testing Consent Form 3 FOREWORD The Southeast Overtown/Park West Community Redevelopment Agency ("CRA") is a public agency created pursuant to Chapter 163, Florida Statutes, and is responsible for carrying out community redevelopment activities and projects throughout the Southeast Overtown/Park West Redevelopment Area in accordance with the CRA' s Redevelopment Plan, as amended. Whether you have just joined our staff or have been at the CRA for a while, we are confident that you will find the CRA a dynamic and rewarding place in which to work and we look forward to a productive and successful association. We consider the employees of the CRA to be one of its most valuable resources. This handbook has been written to serve as the guide for the employer/employee relationship. There are several things that are important to keep in mind about this handbook. First, it contains only general information and guidelines. It is not intended to be comprehensive or to address all the possible applications of, or exceptions to, the general policies and procedures described. For that reason, if you have any questions concerning eligibility for a particular benefit, or the applicability of a policy or practice to you, you should address your specific questions to the Office Administrator or the Executive Director. Neither this handbook nor any other CRA document or resolution, confers any contractual right, either express or implied, to remain in the CRA's employ. Nor does it guarantee any fixed terms or conditions of your employment. Your employment is not for anv specific time and may be terminated at wills with or without cause and without prior notice, by the CRA or by you at any time. No supervisor or other representative of the CRA (except the Executive Director) has the authority to enter into any agreement for employment for any specified period of time, or to make any agreement contrary to the above. Second, the procedures, practices, policies and benefits described here may be modified or discontinued from time to time, in accordance with applicable law. We will try to inform you of any changes as they occur. Moreover, the CRA reserves the right to issue policies and procedures on specific topics separate and apart from this handbook. Employees shall be informed when a procedure, practice, policy or benefit is being modified or discontinued. 4 A. INTRODUCTION 1. COMPOSITION AND WORK ENVIRONMENT The CRA's Board of Commissioners ("Board") serves as the governing body for the CRA, and appoints the Executive Director to manage the CRA's operations. The Executive Director is empowered to: (1) assign and utilize CRA resources in furtherance of the CRA's goals and objectives; (2) hire, promote, assign, transfer, discipline and terminate staff; (3) implement the Board's policies and initiatives into action; and (4) organize and delegate authority and responsibilities in furtherance of the CRA's goals and objectives. The staff of the CRA shall consist of full-time and/or part-time positions, as determined by the Executive Director. Every employee is expected to be familiar with this handbook, as well as the CRA's Redevelopment Plan, as amended, and other studies and/or reports of the CRA, as deemed necessary by the Executive Director. The CRA believes that that the work conditions, wages, and benefits it offers to its employees are highly competitive with those offered by other similar employers. If employees have any concerns about work conditions or compensation, they may voice these concerns directly to their supervisors or the Executive Director. Our experience has shown that when employees deal directly with supervisors, the work environment is excellent, communications are clear, and attitudes are positive. The organization is committed to responding as effectively as possible under the circumstances to all employee concerns. 2. EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT This organization is an equal opportunity employer and will not discriminate against any employee or applicant for employment on the basis of race, color, gender/sex, pregnancy, religion, national origin, ancestry, ethnicity, age, marital status, disability, sexual orientation, genetic information or any other characteristic protected by federal, state or local law(s), This policy of Equal Employment Opportunity applies to all policies and procedures relating to recruitment and hiring, compensation, benefits, termination and all other terms and conditions of employment. The Office Administrator has overall responsibility for this policy and maintains reporting and monitoring procedures. Employees' questions or concerns should be referred to the Office Administrator. Appropriate disciplinary action may be taken against any employee found to have willfully violated this policy, up to and including termination. 3. NON-DISCRIMINATION & ANTI -HARASSMENT POLICY; COMPLAINT PROCEDURE The CRA is committed to a work environment in which all individuals are treated with respect and dignity. Every employee has the right to work in a professional atmosphere that promotes equal employment opportunities and prohibits discriminatory practices, including harassment. 5 V Therefore, the CRA expects that all relationships among persons in the workplace will be professional and free of bias, prejudice and harassment. a. Definitions of Harassment i. Sexual Harassment. Sexual harassment constitutes a form of discrimination and is illegal under federal, state and local laws. For the purposes of this policy, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when, for example: (i) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; (ii) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (iii) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. Sexual harassment may include a range of subtle and not so subtle behaviors and may involve individuals of the same or different gender. Depending on the circumstances, these behaviors may include, but are not limited to: unwanted sexual advances or requests for sexual favors; sexual jokes and innuendo; verbal abuse of a sexual nature; commentary about an individual's body, sexual prowess or sexual deficiencies; leering, catcalls or touching; insulting or obscene continents or gestures; display or circulation in the workplace of sexually suggestive objects or pictures (including through e-mail); and other physical, verbal or visual conduct of a sexual nature. Sex -based harassment — harassment not involving sexual activity or language (e.g., male manager yells only at female employees and not males) — may also constitute discrimination if it is severe or pervasive and directed at employees because of their gender. ii. Harassment on the Basis of Other Protected Characteristic. Harassment on the basis of any other protected characteristic is also strictly prohibited. Under this policy, harassment is verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of his or her race, color, gender/sex, pregnancy, religion, national origin, ancestry, ethnicity, age, marital status, disability, sexual orientation, genetic information or any other characteristic protected by federal, state or local law(s) or that of his or her relatives, friends or associates, and that: (i) has the purpose or effect of creating an intimidating, hostile or offensive work environment; (ii) has the purpose or effect of unreasonably interfering with an individual's work performance; or (iii) otherwise adversely affects an individual's employment opportunities. Harassing conduct includes, but is not limited to: epithets, slurs or negative stereotyping; threatening, intimidating or hostile acts; denigrating jokes and display or circulation in the workplace of written or graphic material that denigrates or shows hostility or aversion toward an individual or group (including through e-mail). This policy should not, and may not, be used as a basis for excluding or separating individuals of a particular gender, or any other protected characteristic, from participating in business or work- 6 related social activities or discussions in order to avoid allegations of harassment, The law and the policies of the CRA prohibit disparate treatment on the basis of sex or any other protected characteristic, with regard to terms, conditions, privileges and perquisites of employment. The prohibitions against harassment, discrimination and retaliation are intended to complement and further these policies, and not to form the basis of an exception to them, b. Individuals and Conduct Covered These policies apply to all applicants and employees, and prohibit harassment, discrimination and retaliation whether engaged in by fellow employees, by a supervisor or manager or by someone not directly connected to the CRA (e.g., an outside vendor, consultant or customer). Conduct prohibited by these policies is unacceptable in the workplace and in any work -related setting outside the workplace, such as during business trips, business meetings and business - related social events. c. Complaint Procedure i. Reporting The CRA requires the reporting of all incidents of discrimination, harassment or retaliation, regardless of the alleged offender's identity or position. Individuals who believe they have experienced conduct that they perceive is contrary to the CRA's policy or who have concerns about such matters must file their complaints with their immediate supervisor, the Office Administrator, or the Executive Director before the conduct becomes severe or pervasive. Individuals should not feel obligated to file their complaints with their immediate supervisor first before bringing the matter to the attention of one of the other CRA designated representatives identified above. Early reporting and intervention have proven to be the most effective method of resolving actual or perceived incidents of harassment. Therefore, while no fixed reporting period has been established, the CRA requires the prompt reporting of complaints or concerns so that rapid and corrective action can be taken, if necessary. The CRA will make every effort to stop alleged harassment before it becomes severe or pervasive, but can only do so with the cooperation of its employees. The availability of this complaint procedure does not preclude individuals who believe they are being subjected to harassing conduct from promptly advising the offender that his or her behavior is unwelcome and requesting that it be discontinued. ii. The Investigation Any reported allegations of harassment, discrimination or retaliation will be investigated promptly, thoroughly and impartially. The investigation may include individual interviews with the parties involved and, where necessary, with individuals who may have observed the alleged conduct or may have other relevant knowledge, 7 Confidentiality will be maintained throughout the investigatory process to the extent consistent with adequate investigation and appropriate corrective action. Responsive Action Misconduct constituting harassment, discrimination or retaliation will be dealt with promptly and appropriately. Responsive action may include, for example, training, referral to counseling, monitoring of the offender and/or disciplinary action such as warning, reprimand, withholding of a promotion or pay increase, reduction of wages, demotion, reassignment, temporary suspension without pay or termination, as the CRA believes appropriate under the circumstances. d. Retaliation Is Prohibited The CRA prohibits retaliation against any individual who reports discrimination or harassment or participates in an investigation of such reports. Retaliation against an individual for reporting harassment or discrimination or for participating in an investigation of a claim of harassment or discrimination is a serious violation of this policy and, like harassment or discrimination itself, will be subject to disciplinary action, up to and including termination. e. Miscellaneous Individuals who have questions or concerns about this policy should speak with the Office Administrator or the Executive Director, 4. AMERICANS WITH DISABILITIES ACT POLICY STATEMENT The CRA is committed to complying with all applicable provisions of the Americans with Disabilities Act ("ADA"). It is the CRA's policy not to discriminate against any qualified employee or applicant with regard to any terms or conditions of employment because of such individual's disability or perceived disability so long as the employee can perform the essential functions of the job. Consistent with this policy of nondiscrimination, the CRA will provide reasonable accommodations to a qualified individual with a disability, as defined by the ADA, who has made the CRA aware of his or her disability, provided that such accommodation does not constitute an undue hardship on the CRA or pose a direct threat to other employees. Employees with a disability who believe they need a reasonable accommodation to perform the essential functions of their job should contact the Office Administrator. The CRA encourages individuals with disabilities to come forward and request reasonable accommodations. a. Procedure for Requesting an Accommodation On receipt of an accommodation request, the Office Administrator, your' supervisor, and/or the Executive Director will meet with you to discuss and identify the precise limitations resulting from the disability and the potential accommodation that the CRA might make to help overcome those limitations. Additionally, the CRA inay require a medical examination and/or inquiry of 8 an employee in order to ascertain the employee's ability to perform job -related functions and evaluate the appropriateness of the accommodation requested. The CRA will determine the feasibility of the requested accommodation by considering various factors, including, but not limited to the nature and cost of the accommodation, the CRA's overall financial resources and organization, and the accommodation's impact on the operation of the CRA, including its impact on the ability of other employees to perform their duties and on the CRA's ability to conduct business. The CRA will inform the employee of its decision on the accommodation request, which said decision shall be final. The ADA does not require the CRA to make the best possible accommodation, to reallocate essential job functions, or to provide personal use items (i.e., eyeglasses, hearing aids, wheelchairs etc.). b. Miscellaneous An employee or job applicant who has questions regarding this policy or believes that he or she has been discriminated against based on a disability should notify the Office Administrator. All such inquiries or complaints will be treated as confidential to the extent feasible and permissible by law. See also the Anti -Harassment and Non -Discrimination Policy above. 5. CONFLICT OF INTEREST AND OUTSIDE EMPLOYMENT STATEMENT a. In General The CRA expects our employees to conduct business according to the highest ethical standards of conduct. Moreover, pursuant to Section 163.367(1), Florida Statutes, all employees are required to adhere to the requirements of Part III of Chapter 112, Florida Statutes, "Code of Ethics for Public Officers and Employees," as amended. Employees are expected to devote their best efforts to the interests of the CRA. Business dealings that appear to create a conflict between the interests of the CRA and an employee are unacceptable. The CRA recognizes the right of employees to engage in activities outside of their employment which are of a private nature and unrelated to our business. However, the employee must disclose any possible conflicts so that the CRA may assess and prevent potential conflicts of interest from arising. A potential or actual conflict of interest occurs whenever an employee is in a position to influence a decision that may result in a personal gain for the employee or an immediate family member (i.e., spouse or significant other, children, parents, siblings) as a result of the CRA's business dealings. Although it is not possible to specify every action that might create a conflict of interest, this policy sets forth the ones which most frequently present problems. If an employee has any question whether an action or proposed course of conduct would create a conflict of interest, he or she should immediately contact the Executive Director to obtain advice on the issue. A violation of this policy will result in immediate and appropriate discipline, up to and including termination. 9 b. Outside Employment Employees are required to obtain written approval from their supervisor before participating in outside work activities. Approval will be granted unless the activity conflicts with the CRA's interest. In general, outside work activities shall not be permitted where they: • prevent the employee from fully performing work for which he or she is employed at the CRA, including overtime assignments; • involve organizations that are doing or seek to do business with the CRA, including actual or potential vendors or customers; • conduct unauthorized work while on leave (whether FMLA or other leave authorized by the CRA); or • violate provisions of law or the CRA's policies or rules. From time to time, employees may be required to work beyond their normally scheduled hours. Employees must perform this work when requested. In cases of conflict with any outside activity, the employee's obligations to the CRA must be given priority. Employees are hired and continue in the CRA's employ with the understanding that the CRA is their primary employer and that other employment or commercial involvement which is in conflict with the business interests of the CRA is strictly prohibited. c. Acceptance of Gifts As an agency of the City of Miami, Section 2-613 expressly prohibits CRA employees from accepting, directly or indirectly, from any person, company, firm or corporation to which any purchase order or contract is or might be awarded, any rebate, gift, money, or anything of value whatsoever, except where given for the use and benefit of the City. d. Prohibition on Political Activities During Work Hours While everyone is free to participate in the political process and to exercise his or her First Amendment rights in political campaigns, no CRA employee may do so while on CRA time or in connection with their CRA employment. That is, employees may not campaign for, visit or aid candidates for elective office for political purposes during regular working hours, overtime, or during leave periods for which the CRA is compensating the employee (i.e., FMLA leave, personal time off, etc.). Additionally, employees may not use any CRA facilities, supplies, or equipment, including CRA computers, telephones or vehicles, for political purposes. Any employee found to be in violation of this policy may be disciplined up to and including termination. 10 e. Work Product Ownership All CRA employees must be aware that the CRA retains legal ownership of the product of their work. No work product created while employed by the CRA can be claimed, construed, or presented as property of the individual, even after employment by the CRA has been terminated or the relevant project completed. This includes written and electronic documents, audio and video recordings, system code, and also any concepts, ideas, or other intellectual property developed for the CRA, regardless of whether the intellectual property is actually used by CRA. Employees' work product is the sole and exclusive property of CRA. f. Reporting Potential Conflicts An employee must promptly disclose actual or potential conflicts of interest, in writing, to his or her supervisor. Approval for the relationship will not be given unless the relationship will not interfere with the employee's duties or will not harm the CRA. An employee's failure to disclose a potential or actual conflict of interest may result in discipline, up to and including termination. 6. PUBLIC RECORDS REQUESTS Chapter 119, Florida Statutes, governs the disclosure of public records, which are defined as "all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency." § 119.011(12), Fla. Stat. a. Generally Public records may be inspected and copied by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision. Employees who have received a public records request must immediately notify the Executive Director and the CRA's counsel, who, in turn, will acknowledge receipt of the public records requests in a timely manner to the requesting party. A requesting party is not required to present a written request for public records, nor is a requesting party required to disclose their identity. In the event of a verbal request, employees are required to ensure that they have accurately recorded the request made, and forward same to the Executive Director and the CRA's counsel. In the event a requesting party wishes to remain anonymous, an employee should ask the requesting party how they wish to be contacted concerning their request. This information should also be accurately recorded. b. Fees Section 119.07(4)(a)(1), Florida Statutes, provides for fees to be assessed to a requesting party for the inspection and/or production of public records. Specifically, the CRA may charge: (1) $0.15 per one-sided copy for duplicated copies of not more than 14 inches by 8 1/2 inches; (2) an additional $0.05 for each two-sided copy; and (3) for other copies, the actual cost of duplication. Additionally, Section 119.07(4)(d), Florida Statutes, provides: 11 [i]f the nature or volume of public records requested to be inspected or copied . . is such as to require extensive use of information technology resources or extensive clerical or supervisory assistance by personnel of the agency involved, or both, the agency may charge, in addition to the actual cost of duplication, a special service charge, which shall be reasonable and shall be based on the cost incurred for such extensive use of information technology resources or the labor cost of the personnel providing the service, ... or both. Employees should also be aware that not every record is considered a public record under Chapter 119, Florida Statutes. There are many statutory provisions that exempt certain records from disclosure to the public. Employees are not expected to know of every exemption; however, employees are required to notify the Executive Director and CRA counsel so that they may evaluate whether an exemption is applicable. B. EMPLOYMENT 1. INITIAL EMPLOYMENT PERIOD Every new employee goes through an initial period of adjustment to learn about the CRA and about his or her job. During this time the employee will have an opportunity to find out if he or she is suited to, and likes, his or her new position. Additionally, the initial employment period gives the employee's supervisor a reasonable period of time to evaluate his or her performance. The initial employment period is three (3) months, During this time, the new employee will be provided with training and guidance from his or her supervisor. He or she may be discharged at any time during this period if his or her supervisor concludes that he or she is not progressing or performing in a manner acceptable to the CRA. Under appropriate circumstances, the initial employment may be extended. Additionally, as is true at all times during an employee's employment with the CRA, employment is not for any specific time and may be terminated at will, with or without cause and without prior notice. At the end of the initial employment period, the employee's supervisor will issue an evaluation. Provided his or her job performance is acceptable to the CRA at the end of the initial employment period, he or she will continue in the CRA's employ as an at -will employee. 2. EMPLOYEE CATEGORIES Based on the conditions of employment, employees of the CRA fall into the following categories: • Full -Time Employees, consisting of Regular and Executive Employees • Regular Part -Time Employees • Temporary Employees 12 a. Full -Tune An employee who is employed for an indefinite duration who works 40 hours or more per week, including any applicable lunch breaks, is considered a full-time employee. Full-time employees are entitled to receive certain employment benefits as provided for in this handbook. There are a number of positions that are deemed members of the executive management of the CRA ("executive employees"), as determined by the Executive Director, while other positions do not exercise the same level of responsibility and oversight ("regular employees"). Each position of employee is designated either exempt or non-exempt for purposes of complying with the Fair Labor Standards Act ("FLSA"). • Exempt employees are classified as such if their job duties are exempt from the overtime provisions of the FLSA. Exempt employees are not eligible for overtime pay. Non Exempt employees are classified as such if their job duties do not qualify under any exemption provided for by the FLSA. Non-exempt employees receive overtime pay in accordance with the CRA's overtime policy. Their compensation is calculated on an hourly basis. Employees classified as non-exempt are required to sign -in and accurately record their work hours on a daily basis. Failure of an employee to accurately records work hours or falsification of time records shall be grounds for disciplinary action, up to and including termination. b. Part -Time An employee who is employed for an indefinite duration who works less than 40 hours per week (excluding a'/2 hour lunch break) is considered a part-time employee. Part—time employees are not entitled to CRA benefits. c. Temporary Employees A temporary employee is hired for a specified project or time frame. A temporary employee in a non-exempt position is paid by the hour, while a temporary employee in an exempt position is paid on a salary basis. Temporary employees do not receive any benefits provided by the CRA. 3. TRANSFERS AND PROMOTIONS The CRA encourages employees to assume higher -level positions or lateral transfers for which they qualify. Employees who wish to apply for a transfer or promotion should discuss it first with their supervisor/manager, Office Administrator, and Executive Director so that it may be determined if their skills fit the requirements of the desired job. Employees should also feel free to discuss their career aspirations with their supervisor/manager or the Executive Director at any time. Generally, employees must be in their job for at least one (1) year before applying for a change in position. In addition, employees must have a good performance, attendance and punctuality 13 record. Each employee requesting a transfer or promotion will be considered for the new position along with all other applicants. Each transfer or promotion is judged on an individual basis, depending on the needs of the CRA. All final decisions regarding transfers and promotions will be made by the Executive Director. C. COMPENSATION 1. PERFORMANCE MANAGEMENT, EVALUATION AND COMPENSATION PROGRAMS To attract and retain a highly qualified and competent work force, the CRA compensates its employees in a fair and equitable manner based upon demonstrated job performance, and in accordance with its Equal Employment Opportunity policy. Employees should receive constructive work reviews designed to address performance and skill developmental needs and interests. Upon an employee's anniversary date, an employee becomes eligible for consideration of a salary review. For purposes of determining length of service, the date on which you first report to work, is considered your anniversary date. Notwithstanding, salary increases and other employee benefits are subject to the Executive Director's discretion, and/or the availability of funds. 2. COMPENSATION SCHEDULE Salary payment is made bi-weekly for the base salary owed to an employee for the prior two - week period. The work week starts on Sunday at 12:00 a.m. and ends on Saturday at 11:59 p.m. Overtime payment, which is included with the non-exempt employee's base salary payment, is also paid bi-weekly with such payment covering hours worked in the prior two -week period. See also Time Records and Overtime policy below. A statement of earnings is given each pay period to employees indicating: gross pay statutory deductions voluntary. deductions The amount of Federal withholding is affected by the number of exemptions claimed on Form W-4, Employee's Withholding Allowance Certificate. Salary advances will not be made to any employee. If the normal payday falls on a CRA-recognized holiday, paychecks will be distributed one workday prior to the aforementioned schedule. Under no circumstances will the CRA release any paychecks prior to the announced schedule. Employees may be paid by check or through direct deposit of funds to either a savings or checking account at their bank of choice (provided the bank has direct deposit capability). To activate direct deposit, a Direct Deposit Authorization Form may be obtained from the Office 14 Administrator and the employee should complete the form and return same, together with a voided personal cheek. Due to banking requirements, it may take several weeks for activation of the direct deposit. 3. TIME RECORDS a. Generally The attendance of all employees is recorded daily and is submitted to payroll weekly. Attendance records are CRA records, and care must be exercised in recording the hours worked, overtime hours, and absences. Each day, all non-exempt employees must record the time the employee starts and stops work on the sign -in forms. Each employee is responsible for his or her own recordkeeping. Employees may not sign in or out for other employees. Once an employee signs in, work is to commence immediately. Failure to do so is considered falsification of timekeeping records. The CRA uses these time records to calculate non-exempt employees' compensation, so it is extremely important to keep an accurate record of all hours worked. At the end of the work week, non-exempt employees are required to review their time records for that week and acknowledge in writing that the hours recorded are an accurate reflection of all hours worked. Additionally, time records with overtime must be countersigned by a supervisor and must be submitted to the Office Administrator for the prior pay period by 10:00 a.m. on the Monday before payday for an employee's pay to be processed in time for payday. Non-exempt employees arriving to work earlier than their scheduled start time are not to clock in until they are ready to begin their work day and are to perform no work until the employee has clocked in. Likewise, non-exempt employees concluding their work day earlier than their scheduled completion time must clock out when work has ceased for the day, even if this occurs prior to the scheduled time for work to end for the employee, and the employee is to perform no work after the employee has clocked out. Non-exempt employees are required to clock out at the completion of their work day, even though they may continue to remain in the office beyond their scheduled completion time for personal reasons. The CRA is committed to compensating its employees for all hours worked, and therefore, it is imperative that the employee help to ensure that the CRA's time records are accurate. All employees must contact their supervisor to advise of late arrival time or to request to leave earlier than their scheduled completion time. If an employee forgets to clock or sign in or out, he or she must notify their supervisor of the correct time that the employee should have clocked in or out, so the time may be accurately recorded for payroll. Any inaccuracies in the time records must be immediately reported to the Office Administrator. It is the employee's responsibility to check his or her time records for accurateness. The CRA will immediately correct any errors brought to its attention. Exempt employees are not required to sign in or out; however, personal time off and sick days must be recorded by the CRA, and deducted from the employee's leave balances. 15 i b. Breaks Non-exempt employees are expected to take their regular lunch break whenever possible. Lunch breaks are usually for 30 minutes to one (1) hour, subject to the needs of the CRA. Said employees must not all take lunch breaks simultaneously. Your supervisor will inform you of your time slot for taking a lunch break. Employees are not permitted to eat lunch at their desk or while performing any work for the CRA. Lunch breaks must be accurately recorded on the CRA's time records. If business necessity dictates, as determined solely by a supervisor, that an employee must be called back from a lunch break resulting in the employee receiving less than the allotted lunch break, the employee will be compensated accordingly. Nursing mothers needing time to express breast milk should make arrangements with the Office Administrator for appropriate breaks for that purpose. Additionally, one paid 15 minute break shall be permitted once in the morning and once in the afternoon, for which the employee is not required to clock out. Employees must not all take breaks simultaneously. Only one employee may take a break at a time. The employee is expected to work at all other times during the employee's scheduled work day, other than during a lunch break and the morning and afternoon 15-minute breaks. c. Violations of Policy Violations of this policy will result in appropriate disciplinary action, up to and including suspension without pay and iminediate discharge. 4. OVERTIME PAY a. Generally The standard work week for non-exempt full-time employees typically shall not exceed 40 hours (not including any lunch breaks). Depending on the CRA's work needs, employees will be required to work overtime when requested to do so. All overtime must be approved by the Executive Director each day, in advance of working overtime. All overtime hours must be recorded in the same manner regular work hours are recorded. Under no circumstances is an employee permitted to work overtime off the clock. Non- exempt employees are eligible for additional pay at a rate of one and one-half (1%z) times the employee's hourly rate for hours worked in excess of 40 hours in a work week. Additionally, time records reflecting overtime must be countersigned by the supervisor and the Executive Director, and must be submitted to the Office Administrator by 10:00 a.m. the Monday preceding payday for an employee's pay to be processed for payday. "Hours worked" is defined as actual hours worked, and is not inclusive of any lunch breaks, paid personal time off, personal days, jury duty, paid holidays, sick leave, bereavement leave, or any other leave provided to employees pursuant to this handbook. 16 1 Employees are responsible for checking their own time records to ensure their accuracy. Any discrepancies should be immediately reported to the Office Administrator. The CRA will immediately correct any errors. b. Compensatory Time Non-exempt employees may receive compensatory time at a rate not less than one and one-half (1 1/2) hours for each hour of overtime, in lieu of overtime compensation provided that an agreement or understanding is arrived at between the CRA and the employee before the performance of the overtime assigrunent.1 Therefore, all work anticipated to be completed during overtime hours must be pre -approved by the supervisor and the Executive Director, who, in turn, will discuss the issuance of compensatory time with the employee. c. Violations of Policy An employee's failure to adhere to this policy will result in appropriate disciplinary action, up to and including suspension without pay, and. termination. 5. PERSONNEL RECORDS To keep necessary CRA records up to date, it is extremely important that you notify the Office Administrator of any changes in: Name Address and/or telephone number Number of eligible dependents W-4 deductions Person to contact in case of emergency All departing employees are required to provide the CRA. with an updated address to ensure that all necessary tax, insurance and other forms are sent to the correct address. 6. IMMIGRATION LAW COMPLIANCE The CRA is committed to employing only those employees who are authorized to work in the United States. In compliance with the Immigration Reform and Control Act of 1986, each new employee must complete an Employment Eligibility Certification Form I-9 and present documentation establishing identity and employment eligibility. Former employees who are rehired also may be required to complete the form. Employees with questions should contact the Office Administrator. 129 U.S.C. §§ 207(o)(1) & (2)(A)(ii). 17 7. DEDUCTIONS FROM PAY OF EXEMPT EMPLOYEES Executive, administrative, and professional employees of the CRA are classified as exempt and are not legally entitled to overtime pay for hours worked in excess of 40 hours in a work week. As a general rule, exempt employees are paid a pre -determined salary for any work week in which they perform work, regardless of the quality of their performance, or the number of hours worked during that work week. However, an employee need not be paid for any work week in which s/he performs no work. This policy sets forth the circumstances when deductions can be made from an exempt employee's salary (in addition to tax withholdings, social security, Medicare, insurance contributions and other deductions authorized by the employee). Employees are advised to check their pay stubs and are required to report any mistakes to the Office Administrator. Inadvertent mistakes will be corrected promptly. a. Permissible Deductions Federal wage and hour regulations permit the following deductions from an exempt employee's salary: i. Absences for Personal Reasons. The CRA may deduct from an exempt employee's weekly salary for any full -day that the employee is absent from work for personal reasons, other than sickness or disability. If an exempt employee is absent for personal reasons, the employee will be paid for that day by utilizing any personal or personal time off leave available. If, however, an exempt employee takes a personal day prior to eligibility for or after having exhausted his or her entitlement to personal time off days, the CRA may deduct from the exempt employee's salary a full day of pay for each full -day absence. ii. Absences for Illness, Disability or FMLA. The CRA may deduct from an exempt employee's weekly salary for any full day that the employee is absent from work for sickness or disability if the deduction is made in accordance with the CRA's sick leave policy, and workers' compensation law. The CRA is not required to pay an employee's salary for full -day absences for which the employee receives compensation under the above policies or practices. Further, deductions for such full day absences may be made for absences due to sickness or disability occurring before the employee has qualified for benefits under the applicable plan or policy, and after he or she has exhausted the leave allowance under the plan or policy. The CRA may deduct from an exempt employee's weekly salary for time that the employee takes as unpaid leave under the Family and Medical Leave Act (whether it is a full-time leave, or intermittent leave or reduced -schedule leave). For example, if an employee who usually works 40 hours per week takes four (4) hours of unpaid intermittent -leave time, the CRA may reduce his or her weekly salary for that week by 10%, which reflects the unpaid leave taken. Employees should review the CRA's Family and Medical Leave Act Policy for further information about such leaves of absence. 18 iii. Jury Fees, Witness Fees, and Military Pay. The CRA may offset an exempt employee's salary by the amount of money received by that employee as jury fees, witness fees, or military pay for any particular work week. Any employee receiving such fees or military pay must report this fact to the Office Administrator. iv. Suspensions. The CRA may suspend an exempt employee from work without pay for one or more full days for serious workplace misconduct in violation of the CRA's workplace conduct rules, including, but not limited to, violations of this handbook. v. Absence during Initial or Terminal Weeks. The CRA is not required to pay the full salary of an exempt employee in his or her initial or terminal weeks of employment if that employee does not work for the entirety of those weeks. The CRA will prorate the employee's salary, in these weeks, in proportion to the days (or time) worked. b. Complaint Procedure If you believe that a deduction has been taken in error, please report that concern to the Office Administrator, who in turn, will immediately notify the Executive Director. The CRA will promptly investigate any such matter brought to its attention to determine whether there has been a violation of this policy. It is the obligation of all employees to cooperate in such an investigation. Any improper or mistaken salary deduction will be remedied promptly. In the event that an investigation establishes that a violation of this Policy has occurred, the CRA will reimburse the employee for any improper deductions and will take all appropriate corrective action to ensure that such deductions or conduct does not occur again. c. Anti -Retaliation The CRA prohibits retaliation, in any form, against any employee who makes a complaint under this policy or participates in the CRA's investigation of such a complaint. D. TIME OFF 1. PERSONAL TIME OFF a. Regular Employees Time away from work to relax and pursue special interests is important to everyone. All full- time regular employees shall be allotted 132 hours on an annual basis as personal time off ("PTO"). PTO shall be available for use at the beginning of each calendar year, provided the employee is eligible to use PTO, and any request for PTO has been approved by the Executive Director. 19 1 New employees are not eligible to use PTO until after they have completed their 15t year of employment. Employees must utilize all of their allotted PTO during the calendar year. Except where business necessity prevented the use of PTO, and upon approval of the Executive Director, employees shall not be permitted to carry PTO forward from year to year. In other words, PTO not used shall be forfeited. b. Executive Employees Given the nature and demands of executive level positions, executive employees shall be allotted 160 hours of PTO on an annual basis. Such PTO is credited in January of each calendar year, and is available for immediate use, provided the employee has passed their probationary period. Except where business necessity prevented the use of PTO, and upon approval of the Executive Director, executive employees shall not be permitted to carry PTO forward from year to year; however, said employees arc permitted to cash out up to 80 hours of PTO on an annual basis. c. Requesting Use of PTO All employees must submit a written request to use PTO to their immediate supervisor for review. All requests must ultimately be approved by the Executive Director. All employees should make their requests for PTO as far in advance as possible. The CRA will attempt to grant an employee's request for PTO; however, the approval of said request is subject to the CRA's business needs. When a CRA holiday falls during a scheduled PTO, the holiday shall not be counted as a PTO, but rather as a paid holiday. Any employee that becomes ill during a scheduled PTO cannot change the designation of the time from PTO to the designation of Sick leave. 2. ABSENCE DUE TO ILLNESS To keep the CRA running smoothly and efficiently, it is important that every employee be on the job and on time regularly. For this reason, careful attention is given to promptness, absence record and overall dependability. However, the CRA recognizes that an employee may occasionally be injured or ill. Both regular and executive full-time employees who are unable to perform their jobs due to illness or injury are eligible for sick days at the rate of eight (8) hours per month for all employees. Sick leave hours may be carried over from year to year. Regular employees may not cash out sick leave hours. Executive employees may cash out their sick leave hours only upon resignation, except where such resignation is construed from said employee's absence and failure to contact his or her immediate supervisor. Executive employees who are terminated are not entitled to cash out their sick leave. To be eligible for use of sick leave, employees unable to report to work due to illness or injury must telephone their supervisor directly, each day of their absence, as far in advance as possible, but no later than 30 minutes before their scheduled arrival time. If their supervisor is not available, the Office Administrator must be contacted. If an employee is unable to make the call 20 personally, a family member or a friend should contact the supervisor or the Office Administrator. The employee bears the continuing obligation to make contact as provided above each day of absence. An employee who fails to contact his or her immediate supervisor or the Office Administrator may be considered as having voluntarily resigned. If the CRA has questions about the nature or length of an employee's disability, a written certification from a physician or licensed health care professional may be required. The use of sick leave is prohibited during the initial 90 days of employment of both a regular and executive employee. 3. HOLIDAYS All full-time employees (including those in initial employment period) are eligible for 11 paid holidays per year as follows: New Year's Day Dr. Martin Luther King, Jr. Day President's Day Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving and the following Friday Christmas At the end of each year the holiday schedule for the coming year will be posted on the Bulletin Board. Hourly employees requested to work during any of the aforementioned holidays will be compensated at the employee's regular rate (straight time) multiplied by the number of hours that employee works on the day that falls on a holiday (i.e., an employee who is normally scheduled for eight (8) hours on the day that falls on a holiday will be compensated eight (8) hours at the employee's regular rate). Paid time off during any of the aforementioned holidays does not count toward calculating overtime hours, except where the employee actually worked on the holiday. Work during a holiday must be pre -approved by the employee's supervisor and the Executive Director. Where a holiday falls on a weekend, the CRA may choose to observe said holiday on either the preceding Friday or following Monday. 4. BEREAVEMENT LEAVE In the unfortunate event of a death in the immediate family, a leave of absence of up to three (3) days with pay will be granted as bereavement leave. Bereavement lease is to be taken consecutively within a reasonable time of the day of the death or day of the funeral, and may not be split or postponed. For this purpose, immediate family is defined as a spouse, child, step -child, parents (including in-laws), step-parents, siblings, step -siblings, grandparents and grandchildren. Employees 21 i should make their supervisor and the Office Administrator aware of their situation. Upon returning to work, the employee must record his or her absence as a Bereavement Leave on the employee's attendance record. Proof of death and relationship to the deceased may be required, along with any other documentation requested by the CRA. Failure to provide any requested documentation will result in the leave being unpaid. 5. JURY DUTY A leave of absence for jury duty will be granted to any full-time or part-time employee who has been notified to serve during a period the employee was expected to be at work. During this leave, employees will be compensated by payment of an amount equal to the difference between their jury duty pay and their regular salary for a maximum of five (5) days, unless otherwise required by law. An employee on jury duty is expected to report to work any day he or she is excused from jury duty. Upon receipt of the notice to serve jury duty, the employee should immediately notify his or her supervisor, as well as the Office Administrator. Additionally, a copy of the notice to serve jury duty must be attached to the employee's attendance record for attendance purposes. Upon the employee's return, the employee must notify the Office Administrator and must submit a signed Certificate of Jury Service indicating the number of days served. If the jury duty falls at a time when the employee cannot be away from work, the CRA may request that the court allow the employee to choose a more convenient time to serve if he or she makes a request in accordance with the court's procedures. The employee must cooperate with this request. 6. MILITARY LEAVE a. Leave without Loss of Pay for Florida National Guard. Section 250.48, Florida Statutes, provides that an employee who is a member of the Florida National Guard is entitled to 30 days of lease without loss of pay, time or seniority for engaging in active state duty for a named event, declared disaster or operation pursuant to Sections 250.28 or 252.36, Florida Statutes, However, a leave of absence without loss of pay granted under Section 250.48, Florida Statutes, may not exceed 30 days for each emergency or disaster, as established by executive order of the Governor for the State of Florida. b. Uniformed Services Employment and Reemployment Act ("USERRA"). An employee who is a member of the United States Army, Navy, Air Force, Marines, Coast Guard, National Guard, Reserves or Public Health Service will be granted an unpaid leave of absence for military service, training or related obligations in accordance with applicable law ("USERRA leave"). Employees on USERRA leave may choose to substitute their paid PTO for said unpaid leave. At the conclusion of the leave, upon the satisfaction of certain conditions, an employee generally has a right to return to the same position he or she held prior to the leave or to a position with like seniority, status and pay that the employee is qualified to perform. 22 i i. Continuation of Health Benefits USERRA provides for the continuation of health benefit coverage of employees who are absent from work to serve in the uniformed services. If the CRA's health plan coverage would terminate because of an absence due to uniformed service, the employee may elect to continue that coverage for up to 24 months after the absence begins, or the period of absence, which is shorter. If the uniformed service is for 30 days or less, the employee will only be required to pay the employee's normal share of the premium for the continuation of coverage. if the uniformed service if for 31 days or more, the employee may be required to pay all or part of the premium for the continuation of coverage, but no more than 102% of the full premium for the coverage elected. Said premium is to be calculated in the same manner as that required by COBRA. ii. Requests for USERRA Leave Leave for Active or Reserve Duty Upon receipt of orders for active or reserve duty, an employee should notify his or her employer, as soon as possible (unless he or she is unable to do so because of military necessity or it is otherwise impossible or unreasonable). Leave for Training and Other Related Obligations (e.g., fitness for service examinations) Employees will also be granted time off for military training (normally 14 days plus travel time) and other related obligations, such as for an examination to determine fitness to perform service. Employees should advise their supervisor and/or Office Administrator of their training schedule and/or other related obligations as far in advance as possible. Employees are required to retain their military pay vouchers. Upon return from training, the employee must submit his or her military pay voucher to the Office Administrator. The CRA will pay an employee's full salary, less base military pay, for the training period. Return from Military Leave Notice Required An employee who served for less than 31 days or who reported for a fitness to serve examination, must provide notice of intent to return to work at the beginning of the first full regular scheduled work period that starts at least 8 hours after the employee has returned from the location of service. An employee who served between 31 and 180 days, must submit an application for reemployment no later than 14 days after completing his or her period of service, or, if this deadline is impossible or unreasonable through no fault of the employee, then on the next calendar day when submission becomes possible. 23 An employee who served for 181 or more must submit an application for reemployment no later than 90 days after the completion of the uniformed service. The above -referenced time periods are extended for up to two (2) years for employees who are hospitalized or convalescing as a result of an injury or illness incurred or aggravated while serving. Required Documentation An employee whose military service was for more than 30 days must provide documentation upon his or her return (upon the request of the employer) (unless such documentation does not yet exist or is not readily available) showing the following: (i) the application for re-employment is timely (1.e. submitted within the required time period); (ii) the period of service has not exceeded five (5) years; and (iii) the employee received an honorable or general discharge. 7. LEAVE UNDER THE FAMILY AND MEDICAL LEAVE ACT ("FMLA") FMLA provides eligible employees with unpaid leave for certain family and medical reasons during a 12 month period. During this leave, an eligible employee is entitled to continued group health plan coverage as if the employee had continued to work. At the conclusion of the leave, subject to some exceptions, an employee generally has a right to return to the same or to an equivalent position. a. Employee Eligibility Criteria To be eligible for FMLA leave, an employee must have been employed by the CRA: (1) for at least 12 months (which need not be consecutive); and (2) for at least 1,250 hours during the 12 month period immediately preceding the commencement of the leave. b. Events Which May Entitle an Employee to FMLA Leave An unpaid leave of up to 12 workweeks may be taken for any one, or for a combination of, the following reasons: • the birth of the employee's child or to care for the newborn child; • the placement of a child with the employee for adoption or foster care or to care for the newly placed child; • to care for the employee's spouse, child or parent (but not in-law) with a serious health condition; • the employee's own serious health condition that makes the employee unable to perform one or more of the essential functions of his or her job; and/or • for any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is on (or has been notified of an impending call to) "covered active duty" in the Armed Forces. 24 "Covered active duty" for members of a regular component of the Armed Forces means duty during deployment of the member with the Armed Forces to a foreign country. "Covered active duty" for members of the reserve components of the Armed Forces (members of the U.S. National Guard and Reserves) means duty during deployment of the member with the Armed Forces to a foreign country under a call or order to active duty in a contingency operation as defined in Section 101(a)(13)(B) of Title 10, United States Code. A "serious health condition" is an injury, illness, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider, c. Other FMLA Leave — Military Caregiver Leave Military caregiver leave entitles an eligible employee who is the spouse, son, daughter, parent, or next of kin of a "covered servicemember" to take up to 26 workweeks of FMLA leave in a single 12-month period to care for a "covered servicemember" with a "serious injury or illness." A "covered service member" is a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness. A "covered servicemember" also includes a veteran who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness if the veteran was a member of the Armed Forces at any time during the period of five (5) years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy. A "serious injury or illness" means, an injury or illness incurred by the member in line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member's office, grade, rank or rating and/or a serious injury or illness that existed before the beginning of the member's active duty and was aggravated by service in line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating. For a veteran, a "serious injury or illness" is defined as a qualifying injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces (or existed before the beginning of the member's active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran. d. How Much FMLA Leave May Be Taken i. The 12-Month Period An eligible employee is entitled to up to 12 workweeks of unpaid leave during a 12 month period for any FMLA qualifying reason(s), except that leave may be taken for up to 26 workweeks during a 12 month period for military caregiver leave. The 12 month period is a rolling 12 month period measured backward from the date an employee uses any FMLA leave. The leave will be counted against the employee's annual FMLA entitlement. 25 ii. Limitations on FMLA Leave Leave to care for a newborn or for a newly placed child must conclude within 12 months after the birth or placement of the child. iii. Intermittent or Reduced Work Schedule Leave Intermittent leave is leave taken in separate blocks of time of no less than one (1) hour increments. A reduced work schedule leave is a leave schedule that reduces an employee's usual number of hours per workweek or hours per workday. Leave to care for a newborn or for a newly placed child must be taken all at once and may not be taken intermittently or on a reduced work schedule. Leave because of an employee's own serious health condition, to care for an employee's spouse, child or parent with a serious health condition or to care for a service member under the service member family leave provision, may be taken all at once or, where medically necessary, intermittently or on a reduced work schedule. Additionally, leave because of any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is on (or has been notified of an impending call to) "covered active duty" in the Armed Forces may be taken all at once, intermittently or on a reduced work schedule. If an employee takes leave intermittently or on a reduced work schedule basis, the employee must, when requested, attempt to schedule the leave so as not to unduly disrupt the CRA's operations. When an employee takes intermittent or reduced work schedule leave for foreseeable planned medical treatment, the CRA may temporarily transfer the employee to an alternative position with equivalent pay and benefits for which the employee is qualified and which better accommodates recurring periods of leave. e. Requests for FMLA Leave An employee should request FMLA leave by completing the Employer's Request for Leave form and submitting it to the Office Administrator. If the Employee fails to explain the reasons for the leave, FMLA leave may be denied. When leave is foreseeable for childbirth, placement of a child or planned medical treatment for the employee's or employee's family meniber's serious health condition, the employee must provide the CRA with at least 30 days advance notice, or such shorter notice as is practicable (i.e., within 1 or 2 business days of learning of the need for the leave). When the timing of the leave is not foreseeable, the employee must provide the CRA. with notice of the need for leave as soon as practicable (i. e., within 1 or 2 business days of learning of the need for the leave). When leave is foreseeable to care for a service member under the military caregiver leave provision, the employee shall provide notice to the Company as is reasonable and practicable. 26 f. Designation of the Leave The CRA will notify the employee that leave has been designated as FMLA leave. The CRA may provisionally designate the employee's leave as FMLA leave if it has not received medical certification or has not otherwise been able to confirm that the employee's leave qualifies as FMLA leave. If the employee has not notified the CRA of the reason for the leave, and the employee desires that leave be counted as FMLA leave, the employee must notify the Office Administrator within two (2) business days of the employee's return to work that the leave was for an FMLA reason. g. Required Documentation for FMLA Leave When leave is taken to care for a family member as defined in this policy, the CRA may require the employee to provide documentation or statement of family relationship (e.g., birth certificate or court document). An employee may be required to submit medical certification from a health care provider to support a request for FMLA leave for the employee's or a family member's serious health condition. Medical certification forms are available from the Office Administrator. Such certification shall be provided to the CRA 30 days in advance of the leave when foreseeable, or as far in advance of the leave as practicable. When the leave is not foreseeable, the employee must provide the requested certification to the employer within 15 days, unless it is not practicable under the particular circumstances to do so, despite the employee's diligent and good faith efforts. If the CRA has reason to doubt the employee's initial certification, the CRA may require the employee, at the CRA's expense, to obtain a second opinion by a health care provider designated or approved by the CRA. If the initial and second certifications differ, the CRA may, at its expense, require the employee to obtain a third final and binding certification from a health care provider designated or approved by the CRA and the employee. During FMLA leave, the CRA may require that the employee provide recertification of a serious health condition at reasonable intervals. In addition, during FMLA leave, the employee must provide the CRA with periodic reports regarding the employee's status and intent to return to work. If the employee's anticipated return to work date changes and it becomes necessary for the employee to take more or less leave than originally anticipated, the employee must provide the CRA with reasonable notice (i.e., within 2 business days) of the employee's changed circumstances and new return to work date. If the employee gives the CRA notice of the employee's intent not to return to work, the employee will be considered to have voluntarily resigned. Before the employee returns to work from FMLA leave for the employee's own serious health condition, the employee may be required to submit a fitness for duty certification from the employee's health care provider, with respect to the condition for which the leave was taken, stating that the employee is able to resume work. 27 FMLA leave or return to work may be delayed or denied if the appropriate documentation is not provided in a timely manner. Also, a failure to provide requested documentation of the reason for an absence from work may lead to discipline up to and including suspension without pay and termination of employment. h. Use of Paid and Unpaid Leave 1f an employee has paid leave for which he or she is eligible (e.g., PTO, sick leave), said leave shall run concurrently with FMLA leave taken. Any paid leave used for an FMLA qualifying reason will be charged against an employee's entitlement to FMLA leave. This also includes leave for disability or workers' compensation injury/illness, provided that the leave meets FMLA requirements. The substitution of paid leave for unpaid leave does not extend the 12 workweek (or 26 workweeks, where applicable) leave period. For example, if an employee has two (2) weeks of PTO, and one (1) week of sick leave, the employee's first three (3) weeks of 12-week FMLA leave shall be paid from said PTO and sick leave, and the remaining nine (9) weeks FMLA leave shall be unpaid. i. Maintenance of Health Benefits During FMLA leave an employee is entitled to continued group health plan coverage under the same conditions as if the employee had continued to work. To the extent that an employee's FMLA leave is paid, the employee's portion of health insurance premiums may be deducted from the employee's salary. For the portion of FMLA leave that is unpaid, the employee's portion of health insurance premiums may paid in the manner agreed to by the CRA and the employee. Where the CRA and the employee agree that the employee shall pay for the employee's health insurance premiums during periods of unpaid leave, delay of more than 30 days by the employee for payment of health insurance premiums may result in the CRA discontinuing health insurance coverage upon notice to the employee. j. Return from FMLA Leave Upon return from FMLA leave, the CRA will place the employee in the same position the employee held before the leave or an equivalent position with equivalent pay, benefits and other employment terms. k. Limitations on Reinstatement An employee is entitled to reinstatement only if he or she would have continued to be employed had FMLA leave not been taken. Thus, an employee is not entitled to reinstatement if, because of a layoff, reduction in force or other reason, the employee would not be employed at the time job restoration is sought. The CRA reserves the right to deny reinstatement to salaried, eligible employees who are among the highest paid ten percent (10%) of the CRA's employees (Key Employees) if such denial is necessary to prevent substantial and grievous economic injury to the CRA's operations. 28 1. Failure to Return to Work Following FMLA Leave If the employee does not return to work following the conclusion of FMLA leave, the employee will be considered to have voluntarily resigned. The CRA may recover health insurance premiums that it paid on behalf of the employee during any unpaid FMLA leave except that the CRA's share of such premiums may not be recovered if the employee fails to return to work because of the employee's, a family member's or a covered service member's serious health condition or because of other circumstances beyond the employee's control. In such cases, the CRA may require the employee to provide medical certification of the employee's or the family member's serious health condition. 8. LEAVE OF ABSENCE WITHOUT PAY a. Generally Should a situation arise that temporarily prevents an employee from working, he or she may be eligible for a personal leave of absence without pay. However, employees must be employed for at least three (3) months prior to requesting leave of absence without pay. Any request for a leave of absence without pay must be submitted in writing as far in advance as possible and will be reviewed on a case -by -case basis by the Executive Director. The decision to approve or disapprove is based on the circumstances, the length of time requested, the employee's job performance and attendance and punctuality record, the reasons for the leave, the effect the employee's absence will have on the CRA, and the expectation that the employee will return to work when the leave expires. b. Continuing Benefit Plan Coverage While on a personal unpaid leave of absence, the employee's medical coverage will end on the 1st day of the month following the start of such leave. Employees will have the opportunity of continuing their benefits for a maximum period of 18 months by paying the monthly premiums as required by COBRA legislation. Unemployment Insurance benefits cannot be collected while on a leave of absence without pay. c. Salary Action Any planned salary increase for an employee returning from an unpaid leave of absence without pay will be deferred by the length of the leave. d. PTO and Sick Time Unused PTO and sick leave must be used before an unpaid leave of absence without pay will be granted, 29 e. Performance Appraisal The normal performance appraisal date of an employee on an unpaid leave of absence without pay will be extended by the length of the leave. f. Returning/Not Returning From a Leave Due to the nature of the CRA's business, the CRA cannot guarantee that an employee's job will remain available or that a comparable position will exist when return from an unpaid leave is sought. When an employee is ready to return from a leave of absence without pay, the CRA will attempt to reinstate the employee to his or her former position or to one with similar responsibilities. However, if the position or a similar position is not available, the employee will be terminated. An employee who returns to work following an unpaid leave will be considered as having continuous service. If an employee does not return from an unpaid leave of absence without pay, the termination date is the last day of the authorized leave period or the date the employee notifies his or her supervisor/manager he or she is not returning, whichever is sooner. 9. DOMESTIC VIOLENCE LEAVE POLICY Eligible employees are provided up to three (3) days unpaid leave in any 12-month period if the employee or a family or household member of the employee is the victim of domestic violence. The leave must be used for one of the following: • To seek an injunction for protection against domestic violence or an injunction for protection in cases of repeat violence, dating violence or sexual violence. • To obtain medical care or mental health counseling, or both, for the employee or a family or household member to address physical or psychological injuries resulting from the act of domestic violence. • To obtain services from a victim -services organization, including but not limited to, a domestic violence shelter or program or a rape crisis center as a result of the act of domestic violence. • To make the employee's home secure from the perpetrator of the domestic violence or to seek new housing to escape the perpetrator. • To seek legal assistance in addressing issues arising from the act or domestic violence or to attend and prepare for court related proceedings arising from the act of domestic violence. An employee seeking leave under this policy must • Have been employed by CRA for three (3) months or longer; 30 • Except in cases of imminent danger to the health or safety of the employee, or to the health or safety of a family or household member, must provide to CRA. with at least 14 days advance notice or such shorter notice as is practicable (i. e. within 1 or 2 business days of learning of the need for the leave); • In cases of imminent danger to the health or safety of the employee, or the healthy or safety of a family or household member, must provide notice of the need for leave to the CRA as soon as practicable (i.e., within 1 or 2 business days of learning of the need for the leave); • Provide the CRA with sufficient documentation, to the sole satisfaction of the CRA, of the act of domestic violence; and • Exhaust all annual or PTO, sick leave, compensatory time, if applicable, before using any leave under this policy. All information relating to an employee's leave under this policy shall be kept confidential, to the extent provided by law. This Policy does not limit the CRA's right to discipline or terminate any employee for any lawful reason and does not affect the at -will nature of employee's employment. For purposes of this Policy: • "Domestic Violence" means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member, or any crime, of which the underlying factual basis has been found by a court to include an act of domestic violence. • "Family or Household Member" means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit. • "Victim" means any individual who has been subjected to domestic violence. E. EMPLOYEE BENEFITS 1. DISCLAIMER The CRA has established a variety of employee benefit programs designed to assist you and your eligible dependents in meeting the financial burdens that can result from illness and disability, 31 and to help you plan for retirement. This portion of the handbook contains a very general description of the benefits to which you may be entitled as an employee of the CRA. Please understand that this general explanation is not intended to, and does not, provide you with all the details of these benefits. Therefore, this handbook does not change or otherwise interpret the terms of the official plan documents. Your rights can be determined only by referring to the full text of the official plan documents, which are available for your examination from the Office Administrator. To the extent that any of the information contained in this handbook is inconsistent with the official plan documents, the provisions of the official documents will govern in all cases. Please note that nothing contained in the benefit plans described herein shall be held or construed to create a promise of employment or future benefits, or a binding contract between the CRA and its employees, retirees or their dependents, for benefits or for any other purpose. All employees shall remain subject to discharge or discipline to the same extent as if these plans had not been put into effect. As in the past, the CRA reserves the right, in its sole and absolute discretion, to amend, modify or terminate, in whole or in part, any or all of the provisions of the benefit plans described herein, including any health benefits that may be extended to retirees and their dependents, consistent with applicable law. Further, the CRA reserves the exclusive right, power and authority, in its sole and absolute discretion, to administer, apply and interpret the benefit plans described herein, and to decide all matters arising in connection with the operation or administration of such plans. For more complete information regarding any of our benefit programs, please refer to the Plan Descriptions, which were provided to you separately or contact the Office Administrator, If you lost or misplaced those descriptions, please contact the Office Administrator for a copy. 2. HEALTH AND DENTAL INSURANCE The CRA provides medical and dental insurance coverage for all eligible employees, in accordance with the terms of the plan description, or as determined by the Executive Director. Your election is generally fixed for the remainder of the plan year. However, if you undergo a change in family status (as defined in the plan description), you may make a mid -year change in coverage (i.e., you may change coverage from individual to family or from family to individual, add or delete dependents, or revoke coverage), provided you do so within the timeframe provided by the plan description. Please contact the Office Administrator to determine if a family status change qualifies under the plan description and IRS regulations. At the end of each calendar year, during open enrollment you are free to change your medical elections (including your choice of medical carriers) for the following calendar year, whether or not you have a change in family status. The Office Administrator will assist you in making the necessary arrangements for enrollment. A complete description of the plans is provided to each employee as plan descriptions and appropriate supplements. 32 Medical insurance coverage is only available to full-time employees after the initial 90 days of employment. 3. 401 PLAN/457 PLAN The CRA offers a 401 plan (a voluntary pre-tax salary reduction plan), in which regular full-time employees may elect to participate beginning with the first payroll period administratively feasible after employment. Employees may also wish to learn about 457 Plan offered by the CRA. Further details about the 401 and/or 457 plans may be obtained from the Office Administrator and the plans' documents. 4. WORKERS' COMPENSATION BENEFITS The CRA is covered under Florida's Workers' Compensation Laws. Should you sustain a work - related injury, you must immediately notify your supervisor and the Office Administrator. Should your injury require the attention of a doctor, you can obtain a list of approved physicians by calling our Workers' Compensation Carrier's Physician Network Referral Unit. (The Office Administrator will give you the Referral Unit's telephone number). In the case of an emergency, you should go to the nearest hospital emergency room for treatment and then utilize the Network Referral Unit if additional treatment is necessary. 5. TUITION REIMBURSEMENT If an employee is a full-time employee and has worked for the CRA at least one (1) year, he or she may be eligible to participate in the CRA's tuition reimbursement program. In the event that the Executive Director agrees to support an employee's academic efforts, and believes that the employee's general job performance warrants such belief, the CRA will partially reimburse the employee for tuition or registration for certain courses/seminars that it believes, in its sole discretion, are job -related. Eligible courses/seminars must be directly and substantially related to the employee's current job, and for the purposes of enhancing the employee's job performance. (Costs for textbooks and materials will not be reimbursed.) The amount an employee receives will depend on the Executive Director's approval and upon the grade received. To receive tuition reimbursement, an employee must submit a written request to the Executive Director. Said request must be approved before the course begins Once the employee receives his or her grades, the employee must submit a final tuition bill/invoice and the final grades to the Office Administrator for review. The employee must receive a "C" or higher (or equivalent grading on some other scale) in the course in order to qualify for reimbursement. If an employee resigns or is terminated before receiving a grade, the employee will not be reimbursed for tuition expenses. If an employee resigns or is terminated within twelve (12) months after receiving reimbursement, the value of the reimbursement shall deducted from the employee's final paycheck. 33 i Notwithstanding the aforementioned, the Executive Director has sole discretion to suspend the implementation of this policy based upon budgetary priorities. F. ON THE JOB I. ATTENDANCE, PUNCTUALITY AND DEPENDABILITY Because CRA depends heavily upon its employees, it is important that employees attend work as scheduled. Dependability, attendance, punctuality, and a commitment to do the job right are essential at all times. As such, employees are expected at work on all scheduled work days and during all scheduled work hours and to report to work on time. Moreover, an employee must personally notify his or her supervisor or the Office Administrator as far in advance as possible, but not later than one hour before his or her scheduled starting time if he or she expects to be late or absent. This policy applies for each day of his or her absence. An employee who fails to personally to contact his or her immediate supervisor or the Office Administrator may be considered as having voluntarily resigned. A careful record of absenteeism and lateness is kept by the employee's supervisor and becomes part of the personnel record. To the extent permitted by law, absenteeism and lateness impact an employee's chances for advancement and may result in suspension without pay and dismissal. 2. DRUG & ALCOHOL ABUSE Manufacture, distribution, dispensation, possession, or use of any illegal drug, alcohol, or controlled substance while on CRA premises is strictly prohibited. These activities constitute serious violations of CRA rules, jeopardize the CRA and can create situations that are unsafe or that substantially interfere with job performance. Employees in violation of the policy are subject to appropriate disciplinary action, up to and including termination. Additionally, the CRA reserves the right to require an employee to undergo a medical evaluation under appropriate circumstances. The CRA is determined to eliminate the use of illegal drugs, alcohol, and controlled substances at its work site. The purpose of this program is to improve job safety on all projects. This program is designed solely for the benefit of our employees to provide reasonable safety on the job and protection from offending individuals. In addition, this program attempts to meet our responsibility to the public, whom we serve. Drags and alcohol tests will be administered under the following conditions: • when an employee shows signs of impairment on the job; • after any accident or occurrence on the job when it appears that the employee night reasonably have avoided the accident or minimized the consequences, but did not do so; and • at hire, when all new hires will be required to pass a pre -employment drug -screening test as a condition of employment. Employees who refuse to submit to drug and alcohol testing will be terminated. 34 Nothing herein shall alter the at -will employment relationship. Employment may be terminated either by the CRA or the employee at any time, for any reason or no reason at all. 3. APPEARANCE AND CONDUCT The CRA expects employees to maintain a neat, well groomed appearance at all times. Employees should maintain a professional appearance at all times. Additionally, the CRA requires order and discipline to succeed and to promote efficiency, productivity and cooperation among its employees. The orderly and efficient operations of the CRA require that employees maintain proper standards of conduct at all times. Employees who fail to maintain proper standards of conduct toward their work, their co-workers or the public, or who violate any of the CRA's policies, are subject to appropriate disciplinary action, up to and including suspension without pay and discharge. All instances of misconduct should be referred to the Office Administrator immediately. 4. ANTI -NEPOTISM POLICY The employment of relatives can cause various problems, including charges of favoritism, conflicts of interest, family discord and scheduling conflicts that work to the disadvantage of both the CRA and its employees. Therefore, it is the policy of the CRA not to hire a close relative of any current employee in any capacity. For purposes of this policy, the term "close relative" includes the following relationships, whether established by blood, marriage, or other legal action: mother, father, husband, wife, son, daughter, sister, brother, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law, daughter-in-law, step -child, aunt, uncle, nephew, niece or cousin, grandparents, and grandchildren. When a situation occurs which results in a violation of this policy, one of the employees involved will be required to resign or otherwise be discharged. Employees will be permitted to determine which of them will resign and will be required to inform the CRA of their decision within a 30 day period from notice of the violation. If the employees cannot make a decision, the CRA will decide in its sole discretion who will remain employed. 5. ROMANTIC OR SEXUAL RELATIONSHIPS Consenting "romantic" or sexual relationships between a supervisor/manager and an employee may at some point lead to unhappy complications and significant difficulties for all concerned — the employee, the supervisor/manager and the CRA. Any such relationship may, therefore, be contrary to the best interests of the CRA. Accordingly, the CRA strongly discourages such relationships and any conduct (such as dating between a supervisor/manager and an employee) that is designed or may reasonably be expected to lead to the formation of a "romantic" or sexual relationship. 35 By its discouragement of romantic and sexual relationships, the CRA does not intend to inhibit the social interaction (such as lunches or dinners or attendance at entertainment events) that are or should be an important part or extension of the working environment; and the policy articulated above is not to be relied upon as justification or excuse for a supervisor's/manager's refusal to engage in such social interaction with employees. If a romantic or sexual relationship between a supervisor/manager and an employee should develop, it shall be the responsibility and mandatory obligation of the supervisor/manager to promptly disclose the existence of the relationship to the Executive Director. The employee may make the disclosure as well, but the burden of doing so shall be on the supervisor/manager. Failure to disclose the existence of the relationship, in accordance with this policy, may lead to discipline up to and including termination. The CRA recognizes the ambiguity of, and the variety of meanings that can be given to the term "romantic." It is assumed that either or both of the parties to such a relationship will appreciate the meaning of the term as it applies to either or both of them and will act in a manner consistent with this policy. Upon being informed or learning of the existence of such a relationship, the CRA may take all steps that it, in its discretion, deems appropriate. At a minimum, the employee and supervisor/manager will not thereafter be permitted to work together on the same matters (including matters pending at the time disclosure of the relationship is made), and the supervisor/manager must withdraw from participation in activities or decisions (including, but not limited to, hiring, evaluations, promotions, compensation, work assignments and discipline) that may reward or disadvantage any employee with whom the supervisor/manager has or has had such a relationship. In addition, and for the CRA to deal effectively with any potentially adverse consequences such a relationship may have for the working environment, any person who believes that he or she has been adversely affected by such a relationship, notwithstanding its disclosure, should make his or her views about the matter known to the Executive Director. This policy shall apply without regard to gender and without regard to the sexual orientation of the participants in a relationship of the kind described. 6. VIOLENCE IN THE WORKPLACE The CRA strongly believes that all employees should be treated with dignity and respect. Acts of violence will not be tolerated. Any instances of violence must be reported to the employee's supervisor and/or the Office Administrator. All complaints will be fully investigated. The CRA will promptly respond to any incident or suggestion of violence. Violation of this policy will result in disciplinary action, up to and including suspension without pay and/or immediate discharge. To maintain the safety and security of its employees and guests, the CRA prohibits the possession of weapons in its offices. Additionally, while on duty, employees may not carry a 36 weapon of any type on their person. Examples of banned weapons include but are not limited to handguns, stun guns, knives, mace, pellet guns, rifles, batons and blackjacks. 7. ACCIDENTS AND EMERGENCIES Maintaining a safe work environment requires the continuous cooperation of all employees. The CRA strongly encourages employees to communicate with fellow employees and their supervisor regarding safety issues. All employees will be provided care, first -aid and emergency service, as required, for injuries or illnesses while on CRA premises. Employees should contact their supervisor, the nearest supervisor, and/or 911 in the event of an accident or emergency. If an employee is injured on the job, the CRA provides coverage and protection in accordance with the Worker's Compensation Law. When an injury is sustained at work, it must be reported inunediately to the employee's supervisor, who in turn will notify the Office Administrator of the incident. Failure to report accidents is a serious matter as it may preclude an employee's coverage under Worker's Compensation Insurance. S. OPEN DOOR POLICY The CRA promotes an atmosphere whereby employees can speak freely with members of the management staff. Employees are encouraged to openly discuss with their supervisor any problems so appropriate action may be taken. If the supervisor cannot be of assistance, the Office Administrator and the Executive Director are available for consultation and guidance. The CRA is interested in all of our employees' success and happiness with us. We, therefore, welcome the opportunity to help employees whenever feasible. This Policy does not replace the complaint procedure contained in the Non -Discrimination and Anti -Harassment Policy in this handbook. 9. USE OF BULLETIN BOARDS Bulletin boards maintained by the CRA are to be used only for posting or distributing material of the following nature: • notices containing matters directly concerning CRA business; • announcements of a business nature which are equally applicable and of interest to employees. All posted material must have authorization from the Executive Director. All employees are expected to check these bulletin boards periodically for new and/or updated information and to follow the rules set forth in all posted notices. Employees are not to remove material from the bulletin boards. 37 10. COMPUTER AND TELEPHONE SYSTEMS POLICY The computer hardware, software, electronic mail, voice mail, telephone and other computer or electronic communication or data storage systems ("Computer and Telephone Systems") are the property of CRA, Every employee is responsible for using the Computer and Telephone Systems properly and in accordance with this policy. Any questions about this policy should be addressed to the Office Administrator. The Computer and Telephone Systems have been provided by the CRA for use in conducting the CRA's business. All communications and information transmitted by, received from, or stored in these systems are records and property of CRA. The Computer and Telephone Systems are to be used for the CRA purposes only. Excessive use of the Computer and Telephone Systems for personal purposes is prohibited. a. No Expectation of Privacy Employees have no right of personal privacy in any matter stored in, created, received, or sent over the Computer and Telephone Systems. The CRA has the right, but not the duty, to monitor any and all of the aspects of its Computer and Telephone Systems, including, without limitation, reviewing documents created and stored on its Computer and Telephone Systems, deleting any matter stored in its Computer and Telephone Systems (including, without limitation, its e-mail, texts, database and word processing systems), monitoring sites visited by employees on the Internet, monitoring chat and news groups, reviewing material downloaded or uploaded by users to the Internet, and reviewing e-mail sent and received by users. Further, the CRA may exercise its right to monitor its Computer and Telephone Systems for any reason and without the permission of any employee. Employee use of the CRA's Computer and Telephone Systems constitutes consent to all the terms and conditions of this policy. Even if employees use a password to access any of the CRA's Computer and Telephone Systems, the confidentiality of any message stored in, created, received, or sent from the Computer and Telephone Systems still cannot be assured. Use of passwords or other security measures does not in any way diminish CRA's rights to access materials on its systems, or create any privacy rights of employees in the messages and files on the systems. Any password used by employees must be revealed to the CRA as files may need to be accessed in an employee's absence or for any other reason that the Executive Director, in his or her discretion, deems appropriate. b. Professional Use of Computer and Telephone Systems Required The CRA's policies against discrimination and harassment, sexual or otherwise, apply fully to its Computer and Telephone Systems, and any violation of those policies is grounds for discipline up to and including discharge. Therefore, no e-mail messages should be created, sent, or received if they contain intimidating, hostile, or offensive material concerning race, color, religion, gender/sex, age, national origin, disability, genetic information, pregnancy, sexual orientation, marital status or any other classification protected by law. Similarly, material that is fraudulent, harassing, embarrassing, sexually explicit, profane, obscene, intimidating, defamatory, or otherwise unlawful, inappropriate, offensive (including offensive material concerning sex, race, 38 i color, national origin, religion, age, disability, genetic information, pregnancy, sexual orientation, marital status or other characteristic protected by law) may not be downloaded from the Internet or displayed or stored in the CRA's computers. Employees encountering or receiving this kind of material should immediately report the incident to the Office Administrator. The CRA may (but is not required) to use software to identify inappropriate or sexually explicit Internet sites. Such sites may be blocked from access by the CRA and/or the City of Miami's networks. Notwithstanding the foregoing, the CRA is not responsible for material viewed or downloaded by users from the Internet. The Internet is a worldwide network of computers that contains millions of pages of information. Users are cautioned that many of these pages include offensive, sexually explicit, and inappropriate material. In general, it is difficult to avoid at least some contact with this material while using the Internet. Even innocuous search requests may lead to sites with highly offensive content. In addition, having an e-mail address on the Internet may lead to receipt of unsolicited e-mail containing offensive content. Users accessing the Internet do so at their own risk. Employees who encounter inappropriate or sexually explicit material while browsing on the Internet should immediately disconnect from the site, regardless of whether the site was subject to CRA's blocking software. The Computer and Telephone Systems may not be used to solicit for religious or political causes, commercial enterprises, outside organizations, or other non job related solicitations. The Computer and Telephone Systems shall not be used to send, upload, receive, or download copyrighted materials, trade secrets, proprietary financial information, confidential information or similar materials without prior authorization from the Executive Director. Employees, if uncertain about whether certain information is copyrighted, proprietary, or otherwise inappropriate for transfer, should resolve all doubts in favor of not transferring the information and consult the CRA's counsel, through the Executive Director. Employees are reminded to be courteous to other users of the system and always to conduct themselves in a professional manner. E-mails and texts, in particular, are sometimes misdirected or forwarded and may be viewed by persons other than the intended recipient. Users should write e-mail communications with no less care, judgment and responsibility than they would use for letters or internal memoranda written on the CRA's letterhead. c. Limitations on Internet Use Although the CRA recognizes that the Internet may have useful applications to the CRA's business, employees may not engage in Internet use (including but not limited to social media sites) without prior approval from the Executive Director, and unless a specific business purpose requires such use, "Surfing the Net", playing games, or downloading entertainment software, including wallpaper and screen savers, are not legitimate business activities, and therefore, strictly prohibited. Approval is required before anyone can post any information on commercial on-line systems or the Internet. Any approved material that is posted should contain all proper copyright and trademark notices. Absent prior approval from the CRA to act as an official representative of the CRA, employees posting information must include a disclaimer in that information stating, "Views expressed by the author do not necessarily represent those of the CRA." Without the 39 i express permission of their supervisors, employees may not send unsolicited e-mail to persons with whom they do not have a prior relationship. d. Social Media/Blogging/Social Networking The CRA respects the right of any employee to maintain a blog or web page or to participate in a social networking, Twitter or similar site. However, to protect the CRA's interests and ensure employees focus on their job duties, employees must adhere to the following rules: • Employees may not post on a blog or web page or participate in a social networking, twitter or similar site during working time or at any time with the CRA's equipment or property. • All rules regarding confidential, exempt and proprietary business information apply in full to blogs, web pages, social networking, twitter and similar sites. Any information that cannot be disclosed through a conversation, a note or an e-mail also cannot be disclosed in a blog, web page, social networking, twitter or similar site, • Whether an employee is posting something on his or her own blog, web page, social networking, twitter or similar site or on someone else's, if an employee mentions the CRA and also expresses either a political opinion or an opinion regarding the CRA's actions, the poster must include a disclaimer which specifically states that the opinion expressed is his/her personal opinion and not the CRA's position. This is necessary to preserve CRA's good will. • Be respectful of your potential readers and colleagues. Please do not use discriminatory comments, personal insults, libel or slander when commenting about the CRA, your superiors, co-workers or the public. Please note that all of CRA's policies, including those on harassment, sexual harassment and discrimination, apply to employee use of social networking and media. Any conduct which is impermissible under the law if expressed in any other form or forum is impermissible if expressed through a blog, web page, social networking, twitter or similar site. For example, posted material that is discriminatory, harassing, obscene, defamatory, libelous or threatening is forbidden. The CRA's policies apply equally to employee blogging. The CRA encourages all employees to keep in mind the speed and manner in which information posted on a blog, web page, social networking, Twitter or similar site can be relayed and often misunderstood by readers. While an employee's free time is generally not subject to any restrictions by the CRA — with the exception of the limited restrictions above — CRA urges all employees to refrain from posting information regarding the CRA or their jobs which could embarrass or upset co-workers or which could detrimentally affect the CRA's business. Employees must use their best judgment. Employees with any questions should review the guidelines above and/or consult with their supervisor and/or the Executive Director. 40 11 e. Maintaining and Securing the Systems Files obtained from sources outside the CRA, including disks brought from home; files downloaded from the Internet, news groups, bulletin boards, or other online services; files attached to e-mail; and files provided by customers or vendors may contain dangerous computer viruses that may damage the CRAJCity of Miami's computer network. Employees should never download files from the Internet, accept e-mail attachments from outsiders, or use disks from non-CRA source without first scanning the material with CRA-approved virus checking software. If you suspect that a virus has been introduced into the CRA's network, notify the City's IT Department immediately. f. Violations of Policy Any employee who discovers misuse of any of the Computer and Telephone Systems should immediately contact the Office Administrator. Violations of the CRA's Computer and Telephone Systems policy may result in disciplinary action up to and including termination. The CRA reserves the right to modify this policy at any time, with or without notice. Employees are required to sign Computer and Telephone Systems Policy Acknowledgment Form as a condition of employment. 11. SOCIAL MEDIA POLICY At the CRA, we understand that social media can be a fun and rewarding way to share your life and opinions with family, fiiends and co-workers around the world. However, use of social media also presents certain risks and carries with it certain responsibilities. To assist you in making responsible decisions about your use of social media, we have established these guidelines for appropriate use of social media. This policy applies to all employees who work for the CRA. a. Guidelines In the rapidly expanding world of electronic communication, social media can mean many things. Social media includes all means of communicating or posting information or content of any sort on the Internet, including to your own or someone else's web log or blog, journal or diary, personal web site, social networking or affinity web site, web bulletin board or a chat room, whether or not associated or affiliated with Company, as well as any other form of electronic communication. The same principles and guidelines found in the CRA's policies apply to your activities online. Ultimately, you are solely responsible for what you post online. Before creating online content, consider some of the risks and rewards that are involved. Keep in mind that any of your conduct that adversely affects your job performance, the performance of fellow associates or otherwise adversely affects members, customers, suppliers, people who work on behalf of CRA or CRA's legitimate business interests may result in disciplinary action, up to and including termination. 41 r b. Know and Follow the Rules Carefully read these guidelines and all of the CRA's employee policies to ensure your postings are consistent with these policies. All of the CRA's policies apply to use of social media regardless of whether the employee is engaged in social media during working time, on the CRA's premises and/or through the employee's own equipment. In particular, please remember that the CRA's anti -harassment and non-discrimination policies govern employee use of social media. Inappropriate postings that include discriminatory remarks, harassment, and threats of violence or similar inappropriate or unlawful conduct will not be tolerated and may subject you to disciplinary action, up to and including termination. c. Be Respectful Always be fair and courteous to fellow employees, patients, suppliers or people who work on behalf of CRA. Also, keep in mind that you are more likely to resolve work related complaints by speaking directly with your co-workers or by utilizing our Open Door Policy than by posting complaints to a social media outlet. Nevertheless, if you decide to post complaints or criticism, you must avoid using statements, photographs, video or audio that reasonably could be viewed as malicious, obscene, threatening or intimidating, that disparage the CRA, co -employees, the public, or that might constitute harassment or bullying. Examples of such conduct might include offensive posts meant to intentionally harm someone's reputation or posts that could contribute to a hostile work environment on the basis of race, sex, disability, religion or any other status protected by law or company policy. d. Be Honest and Accurate Make sure you are always honest and accurate when posting information or news, and if you make a mistake, correct it quickly. Be open about any previous posts you have altered. Remember that the Internet archives almost everything; therefore, even deleted postings can be searched. e. Exercise Care in Posting Do not disclose personal identifying information about employees, third parties or members of the public that you create, receive or of which you become aware during your employment. You must not disclose trade secret, confidential proprietary or privileged information or attorney - client privileged information deemed exempt under Florida law. Do not create a link from your blog, website or other social networking site to the CRA's website. Express only your personal opinions. You may not post anything in the name of CRA or in a manner that could be attributed to the CRA without prior written authorization. Without authorization, you may never represent yourself as a spokesperson for the CRA. If the CRA is a 42 subject of the content you are creating, be clear and open about the fact that you are an employee and make it clear that your views do not represent those of the CRA, fellow employees, people or firms working on behalf of the CRA, or members of the public. If you do publish a blog or post online that identifies you as an employee of CRA or where you would be easily identifiable as working for the CRA, related to the work you do or subjects associated with the CRA, make it clear that you are not speaking on behalf of the CRA. It is required to include a disclaimer such as "The postings on this site are my own and do not necessarily reflect the views of the CRA." f. Using Social Media at Work Refrain from using social media while on working time or on equipment provided by the CRA, unless it is work -related, as specifically authorized by your supervisor. Without prior authorization, social media must be undertaken during non -working time in non -working areas and with non-CRA provided equipment. Do not use CRA email addresses to register on social networks, blogs or other online tools utilized for personal use. g. Retaliation is Prohibited The CRA prohibits taking negative action against any employee for reporting a possible deviation from this policy or for cooperating in an investigation. Any employee who retaliates against another employee for reporting a possible deviation from this policy or for cooperating in an investigation will be subject to disciplinary action, up to and including termination. h. Scope of this Policy This policy does not restrict employee rights to engage in protected activity under any applicable federal, state or local law. This policy does not prohibit discussing or disclosing information regarding your own wages, terms and conditions of employment or the wages, terms and conditions of employment of other employees. It also does not prohibit discussion about or criticism of CRA's labor and employment policies or treatment of employees. However, we suggest that you may wish to bring any such issues to the attention of your supervisor or another member of management for resolution. 12. USE OF CRA EQUIPMENT AND COMPUTER SYSTEMS The CRA provides may provide supplies, uniforms, equipment, automobiles and materials necessary for you to perform your job. These items are to be used solely for the CRA's purposes. Employees are expected to exercise care in the use of CRA equipment and property and use such property only for authorized purposes. Loss, damages or theft of CRA property should be reported at once. Negligence in the care and use of CRA property may be considered grounds for discipline, up to and including termination. a. Use of Computer System It is the policy of the CRA that the use of its computers and software is limited solely to appropriate business use. Employees are not allowed to use the computer system for their 43 personal benefit. Employees are strictly forbidden from installing software on the system. Further, this policy reaffirms that the CRA's employees have no reasonable expectation of privacy with respect to any computer hardware, software, electronic mail or other computer or electronic means of communication or storage, whether or not employees have private access or an entry code into the computer system. The CRA reserves the right to monitor the use of its computer system. See also the Computer and Telephone Systems Policy. b. Use of Vehicles Only employees with an unrestricted, current driver's license and who are covered by the CRA's automobile insurance coverage may operate CRA vehicles or use a vehicle to conduct CRA business. CRA vehicles may only be used for authorized CRA business. Any employee operating a CRA vehicle must do so in a safe manner. Any employee operating a CRA vehicle under the influence of drugs or alcohol or in an unsafe or negligent manner will be immediately terminated. The CRA has the right to search any CRA vehicle at any time. Therefore, employees have no reasonable expectation of privacy with respect to CRA vehicles. c. Telephone Use Because a large percentage of our business is conducted over the phone, it is essential to project a professional telephone manner at all times. Although the CRA realizes that there are times when an employee may need to use the telephone for personal reasons, it is expected that good judgment will be used in limiting the length and frequency of such personal calls. Additionally, no long distance personal calls may be made on CRA telephones without prior approval from the employee's supervisor. 13. INTERNAL INVESTIGATIONS AND SEARCHES From time to time, CRA may conduct internal investigations pertaining to security, auditing or work -related matters. Employees are required to cooperate fully with and assist in these investigations if requested to do so. Whenever necessary, in the CRA's discretion, work areas (i.e., desks, file cabinets, etc.) and personal belongings (i.e., brief cases, handbags, clothing (including pockets), etc.) may be subject to a search without notice. Employees are required to cooperate. The CRA will generally try to obtain an employee's consent before conducting a search of work areas or personal belongings, but may not always be able to do so. Employees should expect no right to privacy in connection with work areas, offices, or personal belongings brought into work. 14. REFERENCE CHECKS To ensure that individuals who join the CRA are well -qualified and have a strong potential to be productive and successful, it is the policy of the CRA to check the employment references of all applicants. This is a mandatory process and a condition for employment. 44 Should an employee receive a written request for a reference, he or she should refer the request to the Office Administrator for handling. No CRA employee may issue a reference letter to any current or former employee without the permission of the Executive Director. Under no circumstances should any CRA employee release any information about any current or former CRA employee over the telephone. All telephone inquiries regarding any current or former employee of CRA must be referred to the Office Administrator. The Office Administrator will respond to all reference check inquiries from others, by confirming only dates of employment, positions held, and salary verification. Inquiries must be in writing and will be responded to in writing. 15. SMOKING POLICY To comply with government regulations, the CRA has prohibited smoking throughout its workplace. Employees are protected from retaliatory action or from being subjected to any adverse personal action for exercising or attempting to exercise his or her rights under the smoking policy. Any violation of this policy should be reported immediately to the Office Administrator. Violation of this policy may result in appropriate corrective action, up to and including suspension without pay and termination. 16. TAPE RECORDING POLICY It is a violation of the CRA policy to record conversations with a tape recorder or other recording device unless prior approval is received from your supervisor or the Executive Director, and all parties to the conversation give their consent. The purpose of this policy is to comply with the law and to eliminate a chilling effect on the expression of views that may exist when one person is concerned that his or her conversation with another is being secretly recorded. This concern can inhibit spontaneous and honest dialogue especially when sensitive or confidential matters are being discussed. Violation of this policy will result in disciplinary action, up to and including suspension without pay and immediate termination. 17. TRAVEL REIMBURSEMENT Business travel authorization is required prior to actual business travel. The employee's supervisor and/or the Executive Director must approve trips in writing. A request sent via e-mail and an affirmative reply is acceptable. Employees are directed to consult the employee's supervisor or the Executive Director if there are questions about whether travel is approved or not. The CRA expects employees traveling on CRA business to stay at a reasonably priced hotel that is convenient to the place where business will be transacted. The CRA shall only reimburse expenses incurred at the hotel for room rate, applicable taxes, hotel parking and meals based upon the CRA's per diem rate. 45 G. DISCIPLINE POLICY 1. GENERALLY Policies and procedures are necessary guidelines to provide a basis for fair and equitable treatment of each employee. In addition, these guidelines serve as the basis for a fair relationship between the employee and the CRA. It is necessary that these guidelines be applied consistently to each employee. Only then can the CRA establish the confidence that each employee will be treated consistently according to the administrative and operational guidelines. It is the responsibility of each officer, manager, supervisor and employee to contribute fully toward the achievement of this objective. Violations of any of the established policies and procedures may result in disciplinary action up to and including suspension without pay and termination. The nature of the disciplinary action is contingent upon the facts and circumstances of the individual situation. The following employee actions are not all inclusive but, by way of illustration only, are some of the events which could result in discipline. Thus, the Executive Director may establish additional rules and regulations he or she feels are necessary for the orderly fulfillment of your responsibilities. These also must be followed. Other actions may also result in discipline including discharge. (It should be noted that the CRA and each employee recognize that the employment relationship is for an indefinite period and may be terminated by either party at will.) By providing this non -exhaustive list, CRA in no way restricts its right to terminate employment, nor alters the at -will employment relationship. • Insubordination, refusal or inability to comply with reasonable instructions of supervisors or department heads. • Refusal to comply with the CRA's rules, policies or procedures. • Poor job performance, including unsatisfactory attitude that detracts from job performance or the efficient operation of the CRA. • Violation of the Non -Discrimination and Anti -Harassment Policy. • Failure to report for duty without a bona fide excuse and proper notification to your supervisor. • Failure to comply with established safety and health rules and safe work procedures or engaging in any conduct that creates a safety hazard. • Failure to meet performance standards. • Failure to follow grooming and appearance standards. 46 • Failure to report a workplace accident immediately. If you are injured on the job, you must immediately report this to your supervisor or the Office Administrator. • Falsely stating claims of injury. • Disorderly conduct on CRA premises, including but not limited to violence, fighting, horseplay or other action that endangers others or CRA. property or employees. • Offensive or disruptive behavior, including threatening employees, using abusive or vulgar language, interfering with others in the performance of their duties, or acting in an immoral or indecent manner on CRA property or while off CRA premises in performance of CRA-related duties. • Destruction, misuse, theft or removal of CRA property, another employee's property, or property of a member of the public. • Unauthorized disclosure, discussion, removal or use of the CRA's confidential, information, or other proprietary information (including information contained in personnel records). • Refusal to allow security checks and package inspections. • Reading books, magazines, or newspapers while on duty that are unrelated to an employee's duties and responsibilities. • Loitering, loafing or sleeping on duty. • Neglect of duty. • Smoking on CRA premises • Bringing, consuming, possessing, providing, selling and/or transferring illegal drugs on CRA property or while on duty and/or reporting for duty under the influence of alcohol and/or illegal drugs or abusing prescription drugs, or otherwise violating the Drug Free Workplace Policy. • Dishonesty, including but not limited to intentionally not providing full and truthful information when requested. • Gambling on CRA premises. • Bringing, discharging, and/or possessing unauthorized firearms or other weapons in CRA buildings, having it on your person in the performance of CRA duties. • Giving or taking a bribe of any nature. 47 • Being arrested and/or convicted of any crime which the CRA believes is detrimental to CRA and/or its other employees, or the performance of job duties. • Misappropriation of CRA funds or failure to handle funds in accordance with CRA guidelines. • Irregular attendance including excessive absenteeism, tardiness and/or unexcused absences, • Violations of the Time Records Policy, including deliberate omission or falsification of information on employment application, time sheets, production or other CRA records. • Violation of the Company's Conflict of Interest/Outside Employment Policy and/or Confidentiality Policy. • Leaving work station or work without authorization or being in an unauthorized work area during your scheduled work period or on your days off, without specific authorization. • Interfering with or hindering of work schedules; failing to work on a scheduled shift. • Failure to report to work after the expiration of a leave -of -absence or temporary layoff. • Gross negligence in the performance of duties. • Failure to wear assigned uniform, if assigned. • Discourteous or inappropriate conduct with members of the public. In the event of dismissal for misconduct, all benefits terminate at the end of the month. COBRA may not be available to anyone dismissed from the CRA for gross misconduct. 2. TYPES OF DISCIPLINE All employees are expected to meet CRA's standards of work performance. Work performance encompasses many factors, including attendance, punctuality, personal conduct, job proficiency and general compliance with the CRA's policies and procedures. If an employee does not meet these standards, the CRA may, under appropriate circumstances, take corrective action, other than immediate dismissal. However, this policy does not alter the "at -will" employment relationship, nor does it require that the employer adhere to any progressive discipline. The form of discipline described herein, and the order presented in this policy are not meant to establish or create a progressive discipline policy. 48 The intent of corrective action is to formally document problems while providing the employee with a reasonable time within which to improve performance. The process is designed to encourage development by providing employees with guidance in areas that need improvement such as poor work performance, attendance problems, personal conduct, general compliance with the CRA's policies and procedures and/or other disciplinary problems. a. Verbal Warnings The supervisor should discuss the problem with the employee in the presence of a supervisor. This should clearly identify the problem and outline a course of corrective action within a specific time frame. The employee should clearly understand both the corrective action and the consequence (i.e., termination) if the problem is not corrected or recurs. The supervisor should document the verbal counseling session and include any additional comments of his or her own and sign it. A record of the discussion should be placed in the employee's personnel file. b. Written Warnings The supervisor should discuss the problem and present a written warning to the employee in the presence of a supervisor. This should clearly identify the problem and outline a course of corrective action within a specific time frame. The employee should clearly understand both the corrective action and the consequence (i.e., termination) if the problem is not corrected or recurs. The employee should acknowledge receipt of the warning and include any additional comments of his or her own before signing it. A record of the discussion and the employee's comments should be placed in the employee's personnel file. Employees who have had formal written warnings are not eligible for salary increases, bonus awards, promotions or transfers during the warning period. c. Suspensions Without Pay Employees may be suspended from employment without pay for violations of CRA policy. Employees who have been suspended for disciplinary reasons are not eligible for salary increases, bonus awards, promotions or transfers for 1 year thereafter. d. Termination Any employee whose conduct, actions or performance violates or conflicts with the CRA's policies may be terminated immediately and without warning. H. LEAVING THE CRA 1. RESIGNATION When an employee decides to leave for any reason, his or her supervisor, the Office Administrator and the Executive Director would like the opportunity to discuss the resignation before final action is taken. The CRA often finds during this conversation that another alternative may be better. If, however, after full consideration the employee decides to leave, it 49 is requested that the employee provide the CRA with a written two -week advance notice period (bear in mind that personal time off days or personal days may not be used during the two -week notice period). 2. TERMINATION Every CRA employee has the status of "employee -at -will," meaning that no one has a contractual right, express or implied, to remain in the CRA's employ. The CRA may terminate an employee's employment, with or without cause, and with or without notice, at any time for any reason. No supervisor or other representative of the CRA, except the Executive Director, has the authority to enter into any agreement for employment for any specified period of time, or to make any agreement regarding the payment of severance. In the event an employee is terminated from the employ of the CRA, said termination shall be effectively immediately upon notice to the employee. The employee will be permitted to gather personal belongings under the supervision of the Office Administrator, 3. POST RESIGNATION/TERMINATION PROCEDURES a. Exit Interview The Office Administrator is responsible for scheduling an exit interview with an employee who is separating from the CRA and for arranging the return of CRA property including: • Identification cards, including business cards • Office keys • Handbooks, and other manuals • Any additional CRA-owned or issued property Employees may choose the continuation or waiver of comprehensive medical coverage and dental coverage under COBRA. Specific information will be provided at the exit interview. b. Benefits Benefits (e.g., life, medical and dental) end on your last day of employment, or on the last day of the month in which your last day of employment falls for medical/dental benefits. An employee, unless dismissed for gross misconduct, has the option to convert to individual life insurance, and/or to continue medical/dental benefits in accordance with The Consolidated Omnibus Budget Reconciliation Act ("COBRA") regulations. c. Final Paycheck The final paycheck will be mailed during the next normal pay period. If there are unpaid obligations to the CRA, the final paycheck will reflect the appropriate deductions, as allowed by law. 50 i APPENDIX A ACKNOWLEDGEMENT OF RECEIPT OF EMPLOYEE HANDBOOK I, , acknowledge that I have received a copy of the CRA's Employee Handbook. I have read it thoroughly, including the statements in the foreword describing the purpose and effect of the Handbook. I understand the terms and provisions contained in this Handbook, and have been afforded an opportunity to seek clarification concerning same. I understand that the CRA is an "at will" employer and as such employment with the CRA is not for a fixed term or definite period and may be terminated at the will of either party, with or without cause, and without prior notice. No supervisor or other representative of the CRA (except the Executive Director, with approval of the Board) has the authority to enter into any agreement for employment for any specified period of time, or to make any agreement contrary to the above. In addition, I understand that this Handbook states the CRA's policies and practices in effect on the date of publication. I understand that nothing contained in the Handbook may be construed as creating a promise of future benefits or a binding contract with CRA for benefits or for any other purpose. I also understand that these policies and procedures are continually evaluated and may be amended, modified or terminated at any time. Date: Signature: Print Name: 51 APPENDIX B ACKNOWLEDGEMENT OF NONDISCRIMINATION & ANTI -HARASSMENT POLICY AND COMPLAINT PROCEDURE I, , acknowledge that I have received and read the CRA's Non -Discrimination and Anti -Harassment Policy and Complaint Procedure. I agree to abide by the policy requirements, and understand that I immediately must report any conduct that is in violation of this policy. I agree that if there is any provision of the policy that I do not understand, I will seek clarification from the Office Administrator. Date: Signature: Print Name: 52 I, APPENDIX C AUTHORIZATION FOR PAYROLL DEDUCTIONS , understand I will be responsible to reimburse the CRA for the following: 1. Any loss incurred as a result of my acceptance of a check without proper identification information on the check. 2. Damages incurred, up to the amount of the CRA's insurance deductible, in the event that I am involved in an accident with a CRA vehicle or at a CRA work - site. 3. Damages incurred to the property of the CRA or a member of the public due to my own negligence. 4. The value of any CRA property due to my theft of the property. 5. Actual charges for any items charged to the CRA that are for my personal use, 6. My cost for any benefits that I have elected to participate in beyond those provided by the CRA at its cost. 7. The amount of any overpayment of any wages. I hereby authorize the CRA to deduct from my paycheck, including my final paycheck, for any of the foregoing reasons. Also, I grant the CRA the right to correct any electronic funds transfer resulting from an erroneous overpayment to me by debiting my account to the extent of such overpayment. Date: Signature: Print Name: 53 APPENDIX D ACKNOWLEDGEMENT OF COMPUTER AND TELEPHONE SYSTEMS POLICY I, , acknowledge that I have received a copy of CRA's Computer and Telephone Systems Policy, have read said policy thoroughly, and understand the provisions contained therein. I understand that my use of the CRA's Computer and Telephone Systems ("systems"), as defined in the policy, constitutes my consent to all the terms and conditions of the aforementioned policy. In particular, I understand that: (1) the system and all information transmitted by, received from, or stored in that system are the property of CRA; (2) the system is to be used only for business purposes and not for personal purposes; and (3) I have no expectation of privacy in connection with the use of the system, or with the transmission, receipt, or storage of information in the system. I acknowledge and consent to the CRA's monitoring my use of the system at any time at its discretion, including printing and reading all E- mails entering, leaving, or stored in the system. Date: Signature: Print Name: 54 f APPENDIX E DRUG TESTING CONSENT FORM I, , hereby acknowledge that I have received a copy of the Drug and Alcohol Abuse Policy ("Policy") set forth in the Employee Handbook issued by the Southeast Overtown/Park West Community Redevelopment Agency ("CRA"). As explained in the Policy, the CRA is committed to providing its employees with a safe workplace that is free from unlawful drugs and alcohol. Pursuant to the Policy, employees and applicants of CRA will be tested for drugs and alcohol before and during their employment with CRA. I hereby agree to submit to drug and alcohol tests ("drug test") as requested by CRA. I agree to provide a specimen sample (tissue, hair, or a product of the human body capable of revealing the presence of drugs or their metabolites, as approved by the United States Food and Drug Administration or the Agency for Health Care Administration), upon request, and undergo other necessary procedures, as required to perform the drug test. I acknowledge that the drug test will be conducted by physician, physician assistant, registered professional nurse, licensed practical nurse, nurse practitioner, or certified paramedic who is present at the scene of an accident for the purpose of rendering emergency medical service or treatment; or qualified person employed by a licensed or certified laboratory as defined by statute, which will collect and test the drug test samples. I agree to be monitored by [LABORATORY NAME OR QUALIFIED PERSON] employee of my gender when I provide the test sample. I also authorize [LABORATORY NAME OR QUALIFIED PERSON] to disclose the drug test results to CRA. I understand that the drug test results will remain confidential to the extent required by law and all records related to the test will be kept separately from my personnel tile. Please sign and date this receipt and return it to Office Administrator. Date: Signature: Print Name: 55