HomeMy WebLinkAboutCRA-R-21-0015 Exhibit ACRA
EMPLOYEE MANUAL
OMNI REDEVELOPMENT DISTRICT
COMMUNITY REDEVELOPMENT AGENCY
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Adopted: June 2021
Table of Contents
FOREWORD
A. INTRODUCTION 7
1. Composition and Work Environment 7
2. Equal Employment Opportunity Policy Statement 7
3. Non -Discrimination and Anti -Harassment Policy 7
a. Definitions of Harassment 8
i. Sexual Harassment 8
ii. Harassment on the Basis of Other Protected 8
Characteristics
b. Complaint Procedure 8
i. Reporting 8
ii. The Investigation 9
iii. Responsive Action 9
c. Retaliation Is Prohibited 9
4. Americans with Disabilities Act Policy Statement 9
a. Procedure for Requesting on Accommodation 9
b. Miscellaneous 10
5. Conflict of Interest and Outside Employment Statement 10
a. General 10
b. Outside Employment 10
c. Acceptance of Gifts 11
d. Prohibition on Political Activities During Work Hours 11
e. Work Product Ownership 11
f. Reporting Potential Conflicts 11
6. Public Records Requests 12
a. Generally 12
b. Fees 12
B. EMPLOYMENT 13
1. Employee Categories 13
a. Full -Time 13
b. Part -Time 14
c. Temporary Employees 14
2. Transfers and Promotions 15
3. Telecommuting Program
C. COMPENSATION 16
1. Performance Management and Compensation Programs 16
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2. Compensation Schedule 16
3. Time Records 16
a. Generally 16
b. Breaks 17
c. Violations of Policy 18
4. Overtime Pay 18
a. Generally 18
b. Compensatory Time 18
c. Violations of Policy 19
5. Personnel Records 19
6. Immigration Law Compliance 19
7. Deductions from Pay of Exempt Employees 19
a. Permissible Deductions 20
i. Absences for Personal Reasons 20
ii. Absences for Illness, Disability or FMLA 20
iii. Jury Fees, Witness Fees, and Military Pay 20
iv. Suspensions 20
b. Complaint Procedure 21
c. Anti -Retaliation 21
D. VACATION 21
1. Vacation Hours 21
a. Regular Employees 21
b. Executive Employees 21
c. Requesting Use of Vacation Time 21
2. Absence Due to Illness 22
3. Holidays 22
4. Bereavement Leave 23
5. Jury Duty 23
6. Military Leave 24
a. Leave without Loss of Pay for Florida National Guard 24
b. Uniformed Services Employment and Reemployment
Act (USERRA) 24
i. Continuation of Health Benefits 24
ii. Requests for USERRA Leave 24
iii. Return from Military Leave 25
7. Paid Parental Leave 25
8. Leave Under The Family And Medical Leave Act (FMLA) 26
a. Employee Eligibility Criteria 26
b. Events Which May Entitle an Employee to FMLA Leave 26
c. Other FMLA Leave — Military Caregiver Leave 27
d. How Much FMLA Leave May be Taken 27
e. Requests for FMLA Leave 28
f. Designation of the Leave 29
g. Required Documentation for FMLA Leave 29
h. Use of Paid and Unpaid Leave 30
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i. Maintenance of Health Benefits 30
j. Return from FMLA Leave 30
k. Limitations on Reinstatement 30
1. Failure to Return to Work Following FMLA Leave 31
9. Leave of Absence Without Pay 31
a. Generally 31
b. Continuing Benefit Plan Coverage 31
c. Salary Action 32
d. Vacation and Sick Time 32
e. Performance Appraisal 32
f. Returning/Not Returning from a Leave 32
10. Domestic Violence Leave Policy 32
11. Donation of Leave Time 34
E. EMPLOYEE BENEFITS 35
1. Disclaimer 35
2. Health and Dental Insurance 35
3. 401 Plan/457 Plan 36
4. Workers' Compensation Benefits 36
5. Tuition Reimbursement 36
F. ON-THE-JOB 36
1. Attendance, Punctuality and Dependability 36
2. Drug and Alcohol Abuse 37
3. Appearance and Conduct 37
4. Anti -Nepotism Policy 37
5. Romantic or Sexual Relationships 37
6. Violence in the Workplace 38
7. Accidents and Emergencies 38
8. Open Door Policy 39
9. Use of Bulletin Boards 39
10. Computer and Telephone Systems Policy 40
a. No Expectation of Privacy 40
b. Professional Use of Computer and Telephone Systems
Required 40
c. Limitations on Internet Use 41
d. Social Media/Blogging/Social Networking 42
e. Maintain and Securing the Systems 43
f. Violations of Policy 43
11. Social Media Policy 44
a. Guidelines 44
b. Know and Follow the Rules 44
c. Be Respectful 44
d. Be Honest and Accurate 44
e. Exercise Care in Posting 44
f. Using Social Media at Work 45
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g. Retaliation is Prohibited 45
h. Scope of this Policy 45
12. Use of Company Equipment and Computer Systems 45
a. Use of Computer System 45
b. Use of Vehicles 46
c. Telephone Use 46
13. Internal Investigations and Searches 46
14. Reference Checks 46
15. Smoking Policy 48
16. Tape Recording Policy 48
17. Travel Reimbursement 48
G. DISCIPLINARY POLICY
1. Generally
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H. LEAVING THE CRA 48
1. Resignation 48
a. Sick Leave Payout Upon Separation
2. Termination 49
3. Post Resignation/Termination/ Retirement Procedures 50
a. Exit Interview 50
b. Benefits 50
c. Additional Years pf Service Payout form the CRA 50
d. Final Paycheck 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
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FOREWORD
The Omni Redevelopment District 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 Omni Redevelopment Area in
accordance with the CRA's Redevelopment Plan.
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 manual 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 your
supervisor or the Executive Director.
Neither this handbook nor any other CRA document, confers any contractual
right, either express or implied, to remain in the CRA's employ. Nor does it
guarantee any fixed terms and conditions of your employment. Your
employment is not for any specific time and may be terminated at will, 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, consistent 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.
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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, and other studies and/or reports of the CRA, as deemed necessary by
the Executive Director.
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). The CRA will provide
reasonable accommodation(s) to a qualified individual with a disability.
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
willfully violating 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 fairly with
respect. Every employee has the right to work in a professional atmosphere that promotes equal
employment opportunities and prohibits discriminatory practices, including harassment.
Therefore, the CRA expects that all relationships among persons in the workplace will be business-
like and free of bias, prejudice and harassment.
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a. Definitions of Harassment
i. Sexual Harassment.
Sexual harassment constitutes a form of discrimination and is illegal under federal, state and local
laws.
ii. Harassment on the Basis of Other Protected Characteristic.
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, not to form the basis of an exception to them.
b. 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 believe 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.
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
staff/employees.
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.
Confidentiality will be maintained throughout the investigatory process to the extent consistent
with adequate investigation and appropriate corrective action.
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iii. Responsive Action
Misconduct constituting harassment, discrimination or retaliation will be dealt with promptly and
appropriately. Responsive action may include, but is not limited to , 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.
c. 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.
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 and has requested an accommodation,
provided that such accommodation does not constitute an undue hardship on the CRA or poses 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 or Executive Director. 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. The CRA may request that an employee undergo a fitness for duty examination so
that the CRA may best understand the limitations resulting from a disability, and what the CRA
can do to accommodate that disability. The CRA may also request follow-up fitness for duty
meetings in order to determine whether an accommodation is still needed.
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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."
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.
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.
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.
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 and affects the employee's job performance. In general, outside work activities are not
allowed when 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
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• 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 CRA's employ with the understanding that CRA is their primary employer and that other
employment or commercial involvement which is in conflict with the business interests of 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 as
part of their CRA employment. That is, employees may not campaign for, visit or aid candidates
for elective office for political purposes during regular working hours. 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.
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. Although it is
acceptable for an employee to display and/or discuss a portion or the whole of certain work product
as an example in certain situations (e.g., on a resume), one must bear in mind that information
classified as confidential must remain so even after the end of employment, and that supplying
certain other entities with certain types of information may constitute a conflict of interest. In any
event, it must always be made clear that 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.
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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."
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, 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) 15 cents
per one-sided copy for duplicated copies of not more than 14 inches by 8 1/2 inches; (2) an
additional 5 cents for each two-sided copy; and (3) for other copies, the actual cost of duplication.
Additionally, Section 119.07(4)(d), Florida Statutes, provides:
[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 subject to disclosure 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, if the employee
believes the record or information contained in the records is potentially exempt from disclosure,
the employee is required to notify the Executive Director and counsel so that they may evaluate
whether an exemption is applicable.
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B. EMPLOYMENT
1. EMPLOYEE CATEGORIES
Based on the conditions of employment, employees of the CRA fall into the following categories:
• Full -Time Employees
• Part -Time Employees
• Temporary Employees
• Executive level employees
Please note Independent contractors and consultants are not considered employees.
a. Full -Time
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.
Exempt Employees are classified as such if their job duties are exempt from the overtime
provisions of the Fair Labor Standards Act. 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 Fair Labor Standards Act. 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.
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b. Part -Time
An employee who is employed for an indefinite duration who works less than 40 hours per week
(excluding a 1/2 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.
2. TELECOMMUTING INFORMATION
Telecommuting is a work arrangement whereby selected employees are allowed to perform the
normal duties and responsibilities of their positions through the use of computers or
telecommunications, at home or another place apart from the employees' usual place of work. This
must be approved by the Executive Director.
A maximum total amount of 16 hours (Except within times of a public emergency) may be used
to Telecommute per week upon prior approval of the Executive Director and advanced notice. The
duties and responsibilities of the position are taken into consideration along with the support to the
office, partners and the community. Employees that are allowed to telecommute must ensure that
they are available via email or telephone to communicate to direct supervisor, payout staff and
CRA clients.
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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.
In addition, employees must have a good performance, attendance and punctuality 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.
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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.
2. COMPENSATION SCHEDULE
Salary payment is made bi-weekly for the base salary due 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 (providing the bank has direct deposit capability). To activate
direct deposit, a Direct Deposit Authorization Form may be obtained from the Office
Administrator/ Designated personnel and the employee should complete the form and return same,
together with a voided personal check. 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. Our
attendance records are CRA records, and care must be exercised in recording the hours worked,
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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 in the CRA's front office. 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 employee's compensation, so it is
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, vacation off and sick clays must
be recorded by the CRA.
b. Breaks
Employees are expected to take their regular lunch break whenever possible. Lunch breaks are
usually for 30 minutes to 1 hour, subject to the needs of the CRA. Employees must not all take
lunch breaks simultaneously. Your supervisor will inform you of your time slot for taking a lunch
break. 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.
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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 immediate discharge.
4. OVERTIME PAY
a. Generally
The standard work week for non-exempt full-time employees typically shall not exceed 40 hours
of actual hours worked (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 (11/2) 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 vacation time, personal days, jury duty, paid
holidays, sick leave or bereavement leave.
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
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 assignment.' Therefore, all work anticipated to be completed during overtime hours must
1 29 U.S.C. §§ 207(o)(1) & (2)(A)(ii).
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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 immediate discharge.
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 and/or marital status
• Address and/or telephone number
• No. 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 either
their immediate supervisors or the Office Administrator. Employees also may raise questions or
complaints about immigration law compliance without fear of reprisal.
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.
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a. Permissible Deductions
Federal wage -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, disability or schedule telecommute
work day. If an exempt employee is absent for personal reasons, and uses an available paid
personal or vacation off day, the employee will be paid for that day by utilizing any personal or
vacation 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 and vacation 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 4 hours in intermittent -leave time, the CRA may reduce his or her weekly
salary for that week by 10%. Employees should review the CRA's Family and Medical Leave Act
Policy for further information about such leaves of absence.
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.
b. Complaint Procedure
If you believe that a deduction has been taken in error, please report that concern to your supervisor
and/or the Office Administrator. Any employee who receives such a complaint, or is otherwise
20
aware of improper or mistaken salary deductions, must 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 Company
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.
D. VACATION
1. VACATION HOURS
a. Full -Time Non — Executive Employees
Time away from work is important to everyone. All full- time non -executive employees shall
accrue 10 hours of vacation monthly. Vacation hours shall be available for use at the beginning
of each calendar year and upon hire. However, any request for vacation time must be approved by
the Executive Director.
Employees should utilize all of their allotted vacation hours during the calendar year because,
except upon approval of the Executive Director, employees will not be permitted to carry vacation
hours not used into the following year. In other words, vacation hours not used is not preserved
and will be forfeited. Where special business necessity requires an exception, prior approval must
be given by the Executive Director. Vacation hours may be cashed out up to a maximum of 100
hours for full time/ non -executive employees, however the hours may only be cashed out after
accrual and is subject to approval by the Executive Director and the availability of funds.
b. Executive Employees
Given the nature and demands of executive level positions, executive employees shall be allotted
240 hours of vacation hours on an annual basis for each calendar year of employment. Such
vacation time is credited to the executive employee upon hire and in January of each calendar year
after, and is available for immediate use. Employees should utilize all of their allotted vacation
hours during the calendar year because, except upon approval of the Executive Director,
employees will not be permitted to carry vacation hours not used into the following year. In other
words, vacation hours not used is not preserved and will be forfeited. Where special business
necessity requires an exception, prior approval must be given by the Executive Director. Vacation
hours may be cashed out up to a maximum of 200 hours, however the hours may only be cashed
out upon approval by the Executive Director and the availability of funds.
c. Requesting Use/or Cashing out of Vacation hours
All employees must submit a written request to use vacation time to their immediate supervisor
for review. All requests must ultimately be approved by the Executive Director. All employees
should make their vacation time off requests as far in advance as possible. The CRA will attempt
to grant an employee the time off dates he or she requests; however, but said request is subject to
21
the CRA's business needs and subject to the approval of the Director. When a CRA holiday falls
during a scheduled vacation day, it is not counted as a vacation day.
Any employee that becomes ill during a scheduled vacation cannot change a vacation day to a sick
day; scheduled vacation off days count as vacation off even if an employee would ordinarily take
a sick day.
2. ABSENCE DUE TO ILLNESS
The CRA recognizes that an employee may occasionally be injured or ill. As a result, this policy
is designed to provide protection to employees against loss of income during unavoidable illness
or injury.
Full -Time/ Non -executive employees who are unable to perform their jobs due to illness or injury
are eligible for sick days at the rate of 11 hours per month for all employees. Sick leave hours
may be carried over from year to year. At any time, Full -Time/ Non -executive employees who
have completed one year of service may be paid for unused sick time subject to the availability of
funds and upon approval of the Executive Director. However, employees may not be able to cash
out 100% of sick time unless there is separation from the CRA.
Executive level staff is credited 240 hours of sick at the beginning of employment and are eligible
to use them immediately. Sick leave hours may be carried over from year to year. At any time,
Executive employees who have completed one year of service may be paid for unused sick time
subject to the availability of funds and upon approval of the executive director. However,
employees may not be able to cash out 100% of sick time unless there is separation from the CRA.
To be eligible for use of sick leave, employees unable to report to work due to illness or injury
must telephone or email 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 should be contacted. If an employee is unable to make the call
personally, a family member or a friend should contact the supervisor or the Office Administrator.
The employee bears the reoccurring 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.
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 Labor Day
Dr. Martin Luther King, Jr. Day Columbus Day
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President's Day Veteran' s Day
Memorial Day Thanksgiving and the following Friday
Independence Day Christmas
At the end of each year the holiday schedule for the coming year will be posted on the Bulletin
Board.
Hourly employees will be compensated holiday pay based on the regular rate (straight time)
multiplied by the number of hours that employee is scheduled to work on the day that falls on a
holiday (i.e., an employee who is normally scheduled for 8 hours on the day that falls on a holiday
will be compensated 8 hours at the employee's regular rate as holiday pay). Employees that are
not normally scheduled to work on a day that falls on a holiday will not be compensated holiday
pay for that day. Paid time off as holiday pay does not count toward calculating overtime hours.
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 5 days with
pay will be granted to all full time employees. These 5 days are 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 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 his or her
attendance record. Proof of death and relationship to the deceased may be required. 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 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 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 should be attached to the employee's attendance record for attendance purposes. Upon the
employee's return, the employee must notify Office Administrator and must submit a signed
Certificate of Jury Service indicating the number of days served.
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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 leave 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.
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 substitute their paid vacation time 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.
i. Continuation of Health Benefits
During USERRA leave of less than 31 days, an employee is entitled to continued group health
plan coverage under the same conditions as if the employee had continued to work. For USERRA
leave of more than 30 days, an employee may elect to continue his or her health coverage for up
to 18 months of uniformed service, but may be required to pay all or part of the premium for the
continuation 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)
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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.
iii. 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 eight hours after the employee has returned from the location of
service.
An employee who served for more than 30 days, but less than 181 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.
An employee who served for more than 180 days must submit an application for reemployment
no later than 90 days after the completion of the uniformed service.
An employee who has been hospitalized or is recovering from an injury or illness incurred or
aggravated while serving must report to the Human Resources Department (if the service was less
than 31 days or if employee reported for a fitness to serve examination), or submit an application
for reemployment (if the service was greater than 30 days), at the end of the necessary recovery
period (but which may not exceed two years, unless for a fitness to serve examination).
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
(i.e. submitted within the required time period); (ii) the period of service has not exceeded five
years; and (iii) the employee received an honorable or general discharge.
7. PAID PARENTAL LEAVE
Paid Parental leave provides leave with pay for the purpose of caring for a newborn, newly -adopted
child, or newly -placed foster child or children. Employees must be employed with the CRA for a
minimum of 3 months.
25
Paid parental leave shall be up to 12 weeks long and may be taken by day or week during the first
year after the birth, adoption, or foster care intake of the child or children. The leave period is fixed
regardless of the number of children born, adopted by the employee, or placed in the employee's
home through foster care.
During the leave period, the employee shall be paid 100 percent of his or her base wages for 12
weeks.
This leave shall occur concurrently with, count against, and not be added to periods of unpaid or
job protected leave for which the employee may also be eligible, including the federally mandated
12 weeks of Family Medical Leave Act (FMLA) leave, and/or any other unpaid leave offered by
the County due to childbirth or adoption, included under Chapter 11A, Article V of this Code
(Family Leave). If both parents work for the CRA, each is entitled to a 12 week leave period, and
they may take their parental leave period concurrently, subsequently, or in any other combination
they wish if the leave is taken:
a) For birth of a son or daughter or to care for the child after birth;
b) For placement of a son or daughter for adoption or foster care.
8. 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. Leave without pay does not
count toward the 1,250 hour requirement.
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
26
• 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.
"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 service member" to take up to 26 workweeks of FMLA leave in a single
12-month period to care for a "covered service member" 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 service member" 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 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
27
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.
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.
Where spouses are both employed by the CRA, they are together entitled to a combined total of
26 workweeks of leave for military caregiver leave. For example, if an employee took 16 weeks
of military caregiver leave, the employee's spouse who is also employed with the CRA would be
limited to using 10 weeks for military caregiver leave.
When leave is unrelated to service member family leave and both spouses are employed by the
CRA, they are together entitled to a combined total of 12 workweeks of FMLA leave within the
designated 12 month period for the birth, adoption or foster care placement of a child with the
Employees, for aftercare of the newborn or newly placed child, and to care for a parent (but not
in-law) with a serious health condition. Each spouse may be entitled to additional FMLA leave
for other FMLA qualifying reasons (i.e., the difference between the leave taken individually for
any of the above reasons and 12 workweeks, but not more than a total of 12 workweeks per person).
For example, if each spouse took 6 weeks of leave to care for a newborn child, each could later
use an additional 6 weeks due to his or her own serious health condition or to care for a child with
a serious health condition.
iii. Intermittent or Reduced Work Schedule Leave
Intermittent leave is leave taken in separate blocks of time of no less than one 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.
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
28
equivalent pay and benefits for which the employee is qualified and which better accommodates
recurring periods of leave.
A person on intermittent FMLA must notify his/her immediate supervisor of all foreseeable times
in which the employee will need to take intermittent FMLA leave. For example, if an employee
has weekly doctor appointments, the employee must make an effort to tell his/her supervisor of
each scheduled doctor appointment well in advance of the appointment. When the approximate
timing for leave is not foreseeable, an employee must still provide notice to his/her supervisor as
soon as practical. Calling into work "sick" without providing more information does not qualify
as sufficient notice to trigger FMLA leave. The CRA has the right under Federal law to inquire
into the reason for an employee's leave in order to determine if it is FMLA-qualifying. Failure to
respond to the CRA's inquiries regarding an employee's leave may result in a denial of FMLA
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 member'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.
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 give sufficient notice to the
Office Administrator within 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).
29
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 employer's expense, to obtain a second opinion by a health care provider
designated or approved by the employer. 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 employer 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 (Le., 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.
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
If an employee has paid leave for which he or she is eligible (e.g., vacation off, sick leave, personal
leave), said leave shall run concurrently with FMLA leave taken, except in circumstances of
childbirth or adoption of a child, unless the employee chooses to do so. Any paid leave used for
an FMLA qualifying reason will be charged against an Employee's entitlement to FMLA leave.
This 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
2 weeks of vacation off time, and 1 week of sick leave, the employee's first three weeks of 12-
30
week FMLA leave shall be paid from said vacation time off and sick leave, and the remaining 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 be paid as agreed to by the CRA and the employee. If the
employee's payment of health insurance premiums is more than 30 days late, the CRA may
discontinue 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 has no greater right to reinstatement or to other benefits and conditions of
employments than if the employee had been continuously employed during the FMLA leave
period.. 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 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.
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.
9. LEAVE OF ABSENCE WITHOUT PAY
a. Generally
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Should a situation arise that temporarily prevents an employee from working, and that employee
does not qualify under FMLA, he or she may be eligible for a personal Leave of Absence without
pay. However, employees must be employed for at least 3 months prior to the requested leave.
Any request for a leave of absence without pay must be submitted in writing as far in advance as
possible and it 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 work in the depai intent and the expectation that the
employee will return to work when the leave expires.
Leaves of absence will be considered only after all vacation time off, sick and compensatory time
have been exhausted.
b. Continuing Benefit Plan Coverage
While on a personal unpaid leave of absence 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. Vacation and Sick Time
Unused vacation and sick leave must be used before an unpaid leave of absence without pay will
be granted.
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 our business, CRA cannot guarantee either 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, 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.
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An employee who returns to work following an unpaid leave will be considered as having
continuous service. No vacation or sick accruals during this period. For executive level staff this
amount will be prorated. 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.
10. DOMESTIC VIOLENCE LEAVE POLICY
Eligible employees are provided up to 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 3 months or longer;
• 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 CRA as
soon as practicable (i.e., within 1 or 2 business days of learning of the need for the leave);
• Provide CRA with sufficient documentation, to the sole satisfaction of the CRA, of the act
of domestic violence; and
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• Exhaust all annual or vacation leave, 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.
11. DONATION OF LEAVE TIME
In those instances where a permanent full-time employee or an employee's family member, as
defined by the Family Medical Leave Act, is affected by serious nonjob related illness or injury
which causes the total depletion of their sick leave, vacation leave, and compensatory leave, CRA
employees may donate vacation and/or compensatory leave to the affected employee's time bank.
The above criteria applies to employees during the worker's compensation holding period or upon
denial of worker's compensation benefits.
To receive a donation of time, the requesting employee must have full-time permanent status and
have a minimum of twelve (12) months credible service with the CRA.
The time being donated will be prorated according to the following formula:
Hourly rate donor * the number of hours donated ± the hourly rate of the recipient = the number
of hours credited to the recipient.
The maximum number of hours permitted for donation shall be determined by the Executive
Director.
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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, 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, 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
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 (Le., 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
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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.
Medical insurance coverage is available to employees upon hire or as may be determined by the
Executive Director.
3. 401(k) PLAN/457 PLAN
The CRA offers a 401(k) 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(k) 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 Units 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
Employees after three (3) months after hire, 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 for certain courses that it believes, in its sole discretion, are
job -related. Eligible courses must be directly and substantially related to an employee's improving
productivity in his or her current job. (Costs for textbooks and materials will not be reimbursed.)
The amount an employee receives will depend on the Executive Director's approval, the
availability of funds and upon the grade received and will not exceed per semester
reimbursement up to a maximum of $4,000.
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 "B" or higher (or equivalent
grading on some other scale) in the course in order to qualify for reimbursement.
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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 may be deducted from the
employee's final paycheck.
Notwithstanding the aforementioned, the Executive Director has sole discretion to suspend the
implementation of this policy based upon budgetary priorities.
F. ON THE JOB
1. ATTENDANCE, PUNCTUALITY AND DEPENDABILITY
Because CRA depends heavily upon its employees, it is important that employees attend work as
scheduled and provide work based on their job description provided upon hire. 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 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 lessen 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, 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. Drugs and alcohol tests will be administered under
the following conditions:
• when an employee shows signs of impairment on the job;
• after any motor vehicle accident;
• and at hiring time, 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.
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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. 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
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 Company 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.
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
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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, or at least hoped, however, 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 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.
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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
immediately 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.
8. OPEN DOOR POLICY
CRA promotes an atmosphere whereby employees can talk 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.
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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
including pregnancy, 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, color,
national origin, religion, age, disability, genetic information, pregnancy, sexual orientation, marital
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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 express
permission of their supervisors, employees may not send unsolicited e-mail to persons with whom they
do not have a prior relationship.
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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 personal 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. Nothing on the personal social media page can associate with
the CRA.
• 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. An employee's free time is generally not subject to any restrictions by
the CRA — with the exception of the limited restrictions 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.
e. Maintaining and Securing the Systems
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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 CRA/City 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 Depailnuent
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. The form is to be signed on acceptance of an employment offer by
CRA.
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, friends 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 the CRA, 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.
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
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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. Maintain the exempt status of records or documents deemed such under
Chapter 119, Florida Statutes.
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
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
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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 COMPANY EQUIPMENT AND COMPUTER SYSTEMS
The CRA provides many 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 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
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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 full time 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.
Any employee utilizing a CRA vehicle for non-CRA business purposes 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 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.
CRA property, such as desks, cabinets, computers, and vehicles may be subject to a search to
ensure compliance with CRA rules and regulations. In addition, personal property, such as
personal computers or handbags/brief cases, may be subject to searches in the workplace to further
ensure compliance with the CRA's rules and regulations.
Employees should expect no right to privacy in any CRA owned property, or in any personal
property that is brought into the workplace.
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.
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
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CRA employee over the telephone. All telephone inquiries regarding any current or former
employee of CRA must be referred to the Office Administrator.
We 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.
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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 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
obj ective.
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.
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 is requested that the employee
provide the CRA with a written two -week advance notice period (bear in mind that vacation off
days or personal days may not be used during the two -week notice period unless otherwise
authorized by the Executive Director). The CRA will compensate employees for unused vacation
off upon separation from the CRA.
Sick Leave Payout Upon Separation
Employees covered by this policy who are separated from the CRA shall be paid for one hundred
percent (100%) of accumulated sick leave up to one thousand two hundred (1,200) hours and fifty
percent (50%) of accumulated sick leave above one thousand two hundred (1,200) hours.
Employees who are terminated for cause shall not receive compensation for unused sick leave
upon separation of service.
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. 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, with approval from
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 the event an employee is terminated
from the employ of the CRA, said termination shall be effectively immediately upon notice to the
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employee. The employee will be permitted to gather personal belongings under the supervision
of the Office Administrator.
3. POST RESIGNATION/TERMINATION/ RETIREMENT 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. Additional Years of Service Payout From the CRA/ Retirement
Employees who have completed at least 6 years of service with the CRA is entitled to a payout
package subject to all laws, the availability of funds and the discretion of the Executive Director.
d. Final Paycheck
The final paycheck will be mailed or directly deposited 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.
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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:
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APPENDIX B
ACKNOWLEDGEMENT OF NON-DISCRIMINATION & 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:
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 get into an auto accident with a CRA vehicle.
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:
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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:
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