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HomeMy WebLinkAboutCRA-R-25-0047 Exhibit B-SUBEXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY EMPLOYEE HANDBOOK Revised: 2025 Created: 2004 File #18125 - Exhibit B-SUB 1 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Table of Contents FOREWORD A. INTRODUCTION 7 7 7 7 1. Composition and Work Environment 2. Equal Employment Opportunity Policy Statement 3. Non -Discrimination and Anti -Harassment Policy a. Definitions of Harassment 8 i. Sexual Harassment 8 ii. Harassment on the Basis of Other Protected 8 Characteristics iii. Bullying 9 b. Individuals and Conduct Covered 9 c. Complaint Procedure 9 i. Reporting 9 ii. Investigation 10 iii. Responsive Action 10 d. Retaliation Is Prohibited 10 e. Miscellaneous 11 4. Americans with Disabilities Act Policy Statement 11 a. Procedure for Requesting on Accommodation 11 b. Miscellaneous 11 5. Pregnant Workers Fairness Act 11 6. Conflict of Interest and Outside Employment Statement 12 a. General 12 b. Outside Employment 12 c. Acceptance of Gifts 13 d. Prohibition on Political Activities During Work Hours 13 e. Work Product Ownership 13 f. Reporting Potential Conflicts 13 7. Public Records Requests 14 a. Generally 14 b. Fees 14 B. EMPLOYMENT 14 1. Initial Employment Period 14 2. Employee Categories 15 a. Full -Time 15 b. Part -Time 15 c. Temporary Employees 15 3. Transfers and Promotions 15 C. COMPENSATION 16 1. Performance Management and Compensation Programs 16 2. Executive and Interim Executive Director's Basic Compensation. 17 3. Compensation Schedule 17 4. Time Records 17 a. Generally 17 b. Breaks 18 c. Violations of Policy 18 5. Overtime Pay 19 2 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT a. Generally 19 b. Compensatory Time 19 c. Flexible Time 19 d. Violations of Policy 20 6. Personnel Records 20 7. Immigration Law Compliance 20 8. Deductions from Pay of Exempt Employees 20 a. Permissible Deductions 21 i. Absences for Personal Reasons 21 ii. Absences for Illness, Disability or FMLA 21 iii. Jury Fees, Witness Fees, and Military Pay 21 iv. Suspensions 21 v. Absence during Initial or Terminal Weeks 21 b. Complaint Procedure 22 c. Anti -Retaliation 22 D. TIME OFF 22 1. Personal Time Off 22 a. Regular Employees 22 b. Requesting Use of Personal Time Off Time 22 c. Rollover of Personal Time Off 23 d. Payout of Personal Time Off 23 2. Absence Due to Illness 24 3. Holidays 24 4. Bereavement Leave 25 5. Jury Duty 26 6. Military Leave 27 a. Leave without Loss of Pay for Florida National Guard 27 b. Uniformed Services Employment and Reemployment Act (USERRA) 27 i. Continuation of Health Benefits 27 ii. Requests for USERRA Leave 27 iii. Return from Military Leave 28 7. Leave Under The Family And Medical Leave Act (FMLA) 29 a. Employee Eligibility Criteria 29 b. Events Which May Entitle an Employee to FMLA Leave 29 c. Other FMLA Leave — Military Caregiver Leave 29 d. How Much FMLA Leave May be Taken 30 e. Requests for FMLA Leave 31 f. Designation of the Leave 31 g. Required Documentation for FMLA Leave 32 h. Use of Paid and Unpaid Leave 33 i. Maintenance of Health Benefits 33 j. Return from FMLA Leave 33 k. Limitations on Reinstatement 33 1. Failure to Return to Work Following FMLA Leave 33 8. Maternity/Paid Parental Leave 33 9. Leave of Absence Without Pay 36 a. Generally 36 b. Continuing Benefit Plan Coverage 36 c. Salary Action 36 3 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT d. Personal Time Off and Sick Time e. Performance Appraisal f. Returning/Not Returning from a Leave 10. Domestic Violence Leave Policy 36 36 36 37 E. EMPLOYEE BENEFITS 38 1. Disclaimer 38 2. Health and Dental Insurance 39 3. 401 Plan/457 Plan 39 4. Workers' Compensation Benefits 39 5. Tuition Reimbursement 40 F. ON-THE-JOB 40 1. Attendance, Punctuality and Dependability 40 2. Remote Work Policy 40 3. Drug and Alcohol Abuse 42 4. Appearance and Conduct 42 5. Anti -Nepotism Policy 43 6. Non -Fraternization Policy 43 7. Violence in the Workplace 46 8. Accidents and Emergencies 46 9. Open Door Policy 46 10. Use of Bulletin Boards 47 11. Computer and Telephone Systems Policy 47 a. No Expectation of Privacy 47 b. Professional Use of Computer and Telephone Systems 48 Required c. Limitations on Internet Use 48 d. Social Media/Blogging/Social Networking 49 e. Maintain and Securing the Systems 50 f. Violations of Policy 50 12. Social Media Policy 50 a. Guidelines 50 b. Know and Follow the Rules 50 c. Be Respectful 51 d. Be Honest and Accurate 51 e. Exercise Care in Posting 51 f. Using Social Media at Work 52 g. Retaliation is Prohibited 52 h. Scope of this Policy 52 13. Use of Company Vehicles, Equipment and Computer Systems 52 a. Use of Computer System 52 b. Use of Vehicles, Equipment and Maintenance 52 c. Telephone Use 58 14. Internal Investigations and Searches 58 15. Reference Checks 59 16. Smoking Policy 59 17. Tape Recording Policy 59 18. Travel Reimbursement 59 G. DISCIPLINARY POLICY 60 4 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 1. Generally 2. Types of Discipline a. Verbal Warnings b. Written Warnings b. Suspensions without Pay c. Terminations 60 62 63 63 63 63 H. LEAVING THE SEOPW CRA 63 1. Resignation 63 2. Termination 64 3. Post Resignation/Termination Procedures 64 a. Exit Interview 64 b. Benefits 64 c. Final Paycheck 64 APPENDICES A. Acknowledgement of Receipt for Employee Handbook 65 B. Acknowledgement of Non -Discrimination & Anti -Harassment 66 Policy and Complaint Procedure C. Acknowledgement of Work Hours and Location Assignment 67 D. Authorization for Payroll Deductions 68 E. Acknowledge of Computer and Telephone Systems Policy 69 5 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT FOREWORD The Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA") is a public agency created pursuant to Chapter 163, Florida Statutes, and is responsible for carrying out community redevelopment activities and projects throughout the Southeast Overtown/Park West Redevelopment Area in accordance with the SEOPW CRA's Redevelopment Plan ("Plan"). Whether you have just joined our staff or have been at the SEOPW CRA for a while, we are confident that you will find the SEOPW CRA a dynamic and rewarding place to work and we look forward to a productive and successful association. We consider the employees of the SEOPW CRA to be one of its most valuable resources. This manual has been written to serve as a guide for the employer/employee relationship. Several things 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 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 questions to the Executive Director or designee. Neither this handbook nor any other SEOPW CRA document confers any contractual right, express or implied, to remain in the SEOPW 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 SEOPW CRA or by you at any time. No supervisor or other representative of the SEOPW CRA (except the Executive Director) has the authority to enter into any agreement for employment for any specified period, or to make any agreement contrary to the above. Second, the procedures, practices, policies, and benefits described here may be modified or discontinued, at any time by the Executive Director. We will inform you of any changes that occur. Moreover, the SEOPW CRA reserves the right to issue policies and procedures on specific topics separate from this handbook. A. INTRODUCTION 1. COMPOSITION AND WORK ENVIRONMENT The SEOPW CRA's Board of Commissioners ("Board") serves as the governing body for the SEOPW CRA and appoints the Executive Director, as interim or acting, until a permanent appointment is made, to manage the SEOPW CRA's operations. The Executive Director is empowered to: (1) assign and utilize SEOPW CRA resources in furtherance of the SEOPW 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 SEOPW CRA's goals and objectives. The staff of the SEOPW 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, the SEOPW CRA's Plan and other studies and/or reports of the SEOPW CRA, as deemed necessary by the Executive Director. The SEOPW CRA believes that the work conditions, wages, and benefits it offers to its employees are highly competitive with those offered by other similar employers. If employees have any concerns about work conditions or compensation, they may voice these concerns directly to their supervisors or the Executive Director. 6 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Our experience has shown that when employees deal directly with supervisors, the work environment is excellent, communications are clear, and attitudes are positive. The organization is committed to responding as effectively as possible to all employee concerns. Please note that this policy is not in place of the complaint procedures contained in the Non -Discrimination and Anti -Harassment Policy. Please see the Non -Discrimination and Anti -Harassment Policy for further details. 2. EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT This organization is an equal opportunity employer and will not discriminate against any employee or applicant for employment based on 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 SEOPW 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 Finance Department is responsible for administering this policy and maintaining reporting and monitoring procedures. Employees' questions or concerns should be referred to the Finance Department. Appropriate disciplinary action may be taken against any employee who willfully violates this policy, up to and including termination. 3. NON-DISCRIMINATION & ANTI -HARASSMENT POLICY; COMPLAINT PROCEDURE The SEOPW CRA is committed to a work environment where all individuals are treated with respect and dignity. Every employee has the right to work in a professional atmosphere that promotes equal employment opportunities and prohibits discriminatory practices, including bullying or harassment. Therefore, the SEOPW CRA expects all relationships among persons in the workplace will be business- like and free of bias, prejudice, and harassment. This policy applies to all employees and to non -employees who bully or harass others on company time or property. A confirmed complaint of harassment will result in disciplinary action, up to and including termination. Additionally, this policy will be distributed to all current employees and posted in a prominent location in the workplace. The policy will also be distributed to new employees during orientation. The SEOPW CRA will promptly investigate complaints of bullying, harassment, or retaliation. Such investigations will be fair and impartial. All SEOPW CRA employees must cooperate with investigations of workplace bullying, harassment, or retaliation. a. Definitions of Harassment i. Sexual Harassment. Sexual harassment constitutes a form of discrimination and is illegal under federal, state and local laws. For the purposes of this policy, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when for example: (i) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; (ii) submission to or rejection of such conduct by an individual is used as the basis for employment decisions 7 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT affecting such individual; or (iii) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. Sexual harassment may include a range of subtle and not -so -subtle behaviors and may involve individuals of the same or different gender. Depending on the circumstances, these behaviors may include but are not limited to unwanted sexual advances or requests for sexual favors; sexual jokes and innuendo; verbal abuse of a sexual nature; commentary about an individual's body, sexual prowess or sexual deficiencies; leering, catcalls or touching; insulting or obscene comments or gestures; display or circulation in the workplace of sexually suggestive objects or pictures (including through e-mail); and other physical, verbal or visual conduct of a sexual nature. Sex -based harassment — harassment not involving sexual activity or language (e.g., male manager yells only at female employees and not males) may also constitute discrimination if it is severe or pervasive and directed at employees because of their sex. U. Harassment based on Other Protected Characteristic. Harassment based on any other protected characteristic is also strictly prohibited. Under this policy, harassment is verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of their race, color, gender/sex, pregnancy, religion, national origin, ancestry, ethnicity, age, marital status, disability, sexual orientation, genetic information or any other characteristic protected by federal, state or local law(s) or that of their relatives, friends or associates, and that: (i) has the purpose or effect of creating an intimidating, hostile or offensive work environment; (ii) has the purpose or effect of unreasonably interfering with an individual's work performance; or (iii) otherwise adversely affects an individual's employment opportunities. Harassing conduct includes, but is not limited to epithets, slurs, or negative stereotyping; threatening, intimidating or hostile acts; denigrating jokes and display or circulation in the workplace of written or graphic material that denigrates or shows hostility or aversion toward an individual or group (including through e-mail). This policy should not, and may not, be used as a basis for excluding or separating individuals of a particular gender, or any other protected characteristic, from participating in business or work -related social activities or discussions to avoid allegations of harassment. The law and the policies of the SEOPW CRA prohibit disparate treatment based on 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. ill. Bullying. The SEOPW CRA is committed to maintaining an environment free from bullying, which can be workplace discrimination. All employees have a right to work in an environment free from bullying. The SEOPW CRA requires that all employees refrain from engaging in or exhibiting bullying behavior to anyone, including coworkers, members of the public, vendors, or clients. Bullying includes verbal or physical conduct that seeks to harm, intimidate, or coerce another person. Bullying is not necessarily based on a person's membership in a protected category like race, sex, age, disability, or other legally protected characteristics. Bullying may be intentional or unintentional. However, it must be noted that when an allegation of bullying is made, the intention of the alleged bully is irrelevant, and will not be given consideration when deciding 8 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT on the appropriate disciplinary action to be taken. As with sexual harassment, it is the effect of the behavior on the individual that is important. The SEOPW CRA considers the following types of behavior as some examples of bullying: • Verbal bullying: Slandering, ridiculing, or maligning a person or their family; persistent name calling that is hurtful, insulting or humiliating; using a person as butt of jokes; abusive and offensive remarks. • Physical bullying: Pushing, shoving, kicking, poking, tripping, assault or threat of physical assault, damage to a person's work area or property. • Gesture bullying: Nonverbal threatening gestures; glances that can convey threatening messages. • Exclusion: Socially or physically excluding or disregarding a person in work -related activities. b. Individuals and Conduct Covered These policies apply to all applicants and employees, and prohibit harassment, discrimination and retaliation whether engaged in by fellow employees, by a supervisor or manager or by someone not directly connected to the SEOPW CRA (e.g., an outside vendor, consultant, or customer). Conduct prohibited by these policies is unacceptable in the workplace and in any work -related setting outside the workplace, such as during business trips, business meetings and business -related social events. c. Complaint Procedure i. Reporting. The SEOPW CRA requires reporting all incidents of discrimination, bullying, 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 SEOPW CRA's policy or who have concerns about such matters must file their complaints with their immediate supervisor, Human Resources, 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 SEOPW CRA designated representatives identified above. Early reporting and intervention have been the most effective method of resolving actual or perceived harassment. Therefore, while no fixed reporting period has been established, the SEOPW CRA requires the prompt reporting of complaints or concerns so that rapid and corrective action can be taken, if necessary. The SEOPW 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. The availability of this complaint procedure does not preclude individuals who believe they are being subjected to harassing conduct from promptly advising the offender that their behavior is unwelcome and requesting that it be discontinued. ii. The Investigation. Any reported allegations of harassment, discrimination or retaliation will be investigated promptly, thoroughly and impartially. The investigation may include individual interviews with the parties involved and, where necessary, with individuals who may have observed the alleged conduct or may have another relevant knowledge. 9 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Malicious or intentionally false allegations of discrimination, bullying or harassment may subject the individual engaging in the malicious or intentionally false allegations to disciplinary action, up to and including termination. The SEOPW CRA will make every attempt to maintain confidentiality throughout the investigatory process to the extent consistent with conducting a thorough investigation and determining the appropriate corrective action to be taken. The Executive Director shall forward any complaints to an independent third party to conduct the investigation and issue recommendations. iii. Responsive Action. Misconduct constituting harassment, discrimination, or retaliation will be addressed promptly and appropriately. Responsive action may include, for example, training, referral to counseling, monitoring of the offender, and/or disciplinary action such as warning, reprimand, withholding of a promotion or pay increase, reduction of wages, demotion, reassignment, temporary suspension without payment, or termination. The responsive action will be as the SEOPW CRA believes is appropriate under the circumstances. d. Retaliation is Prohibited The SEOPW CRA prohibits retaliation against anyone who makes a good faith report of discrimination, bullying, harassment, or participates in investigating 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. Retaliation includes but is not limited to employee discipline, discharge, further acts of discrimination, or other adverse actions when those acts are intended to punish an employee for reporting harassment, opposing discrimination, or filing or assisting with a complaint to local, state, or federal antidiscrimination agencies. e. Miscellaneous Individuals with questions or concerns about this policy should speak with the Executive Director or designee. 4. AMERICANS WITH DISABILITIES ACT POLICY STATEMENT The SEOPW CRA is committed to complying with all applicable provisions of the Americans with Disabilities Act ("ADA"). It is the SEOPW 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 job's essential functions. Consistent with this policy of nondiscrimination, the SEOPW CRA will provide reasonable accommodations to a qualified individual with a disability, as defined by the ADA, who has made the SEOPW CRA aware of their disability, provided that such accommodation does not constitute an undue hardship on the SEOPW CRA or pose a direct threat to the individual or others. Employees with a disability who believe they need reasonable accommodation to perform the essential functions of their job should contact the Executive Director or designee. The SEOPW CRA encourages individuals with disabilities to come forward and request reasonable accommodation. 10 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT a. Procedure for Requesting an Accommodation On receipt of an accommodation request, your supervisor and/or the Executive Director or designee will meet with you to discuss and identify the precise limitations resulting from the disability and the potential accommodation that the SEOPW CRA might make to help overcome those limitations. This is an interactive process between the SEOPW CRA and the employee and may require the review of certain medical records concerning the employee's disability and request for accommodation. The SEOPW CRA will determine the feasibility of the requested accommodation by considering various factors, including, but not limited to, the nature and cost of the accommodation, the SEOPW CRA's overall financial resources and organization, and the accommodation's impact on the operation of the SEOPW CRA, including its impact on the ability of other employees to perform their duties and on the SEOPW CRA's ability to conduct business. The SEOPW CRA will inform the employee of its decision on the accommodation request, which said decision shall be final. The ADA does not require the SEOPW CRA to provide the best possible accommodation, to reallocate essential job functions, or to provide personal use items (i.e., eyeglasses, hearing aids, wheelchairs etc.). b. Miscellaneous An employee or job applicant who has questions regarding this policy or believes that he or she has been discriminated against based on a disability should notify the Executive Director or designee. 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. PREGNANT WORKERS FAIRNESS ACT POLICY The Pregnant Workers Fairness Act (PWFA) requires covered employers to provide employees "reasonable accommodations" for a worker's known temporary limitations on their ability to perform the essential functions of their job based on a physical or mental condition related to pregnancy, childbirth, or related medical conditions unless the accommodations will cause the employer an "undue hardship." a. Accommodations Request Procedure i. An employee seeking accommodation must notify Human Resources in writing of the need for the accommodation and the requested accommodation. ii. Upon written receipt of the request, the SEOPW CRA will collaborate closely with the employee through an interactive process to make a good faith effort to provide an appropriate accommodation based on the employee's job responsibilities and the impact of the accommodation to its business operations. iii. The SEOPW CRA will notify the employee in writing of their decision regarding the accommodation. 11 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 6. CONFLICT OF INTEREST AND OUTSIDE EMPLOYMENT STATEMENT a. In General The SEOPW 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 SEOPW CRA. Business dealings that appear to create a conflict between the interests of the SEOPW CRA and an employee are unacceptable. The SEOPW CRA recognizes the right of employees to engage in private activities outside their employment. However, the employee must disclose any possible conflicts so that the SEOPW CRA may assess and prevent potential conflicts of interest from arising. A potential or actual conflict of interest occurs whenever an employee can influence a decision that may result in a personal gain for the employee or an immediate family member (i.e., spouse, registered domestic partner, significant other, children, parents or siblings) because of the SEOPW CRA's business dealings. Although it is not possible to specify every action that might create a conflict of interest, this policy sets forth the ones which most frequently present problems. If an employee has any question whether an action or proposed course of conduct would create a conflict of interest, they should 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 may engage in lawful employment during their off -duty hours, but the SEOPW CRA may restrict or prohibit such employment if it conflicts with the agency's interests, creates a conflict of interest, or negatively impacts job performance. The Executive Director has the prerogative to object the outside employment if the following grounds are established: 1. prevents the employee from fully performing work for which he or she is employed at the SEOPW CRA, including overtime assignments; or 2. involves organizations that are doing or seek to do business with the SEOPW CRA, including actual or potential vendors or customers; or 3. violates provisions of law or the SEOPW CRA's policies or rules. Therefore, all employees must disclose to the SEOPW CRA when engaged in outside employment. c. Acceptance of Gifts As a public agency and an instrumentality of the State of Florida, Section 112.313(2), Florida Statutes, expressly prohibits SEOPW CRA employees from knowingly accepting, directly or indirectly, from any person, vendor, company, firm or corporation doing business with the SEOPW CRA, or to which any purchase order or contract is or might be awarded, any rebate, gift, money, or anything of value whatsoever, however, such a gift may be accepted by such a person on behalf of the SEOPW CRA. d. Prohibition on Political Activities During Work Hours 12 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT While everyone is free to participate in the political process and to exercise their First Amendment rights in political campaigns, no SEOPW CRA employee may do so while on SEOPW CRA time or as part of their SEOPW CRA employment. That is, employees may not campaign for, visit, or aid candidates for elective office for political purposes during regular working hours, overtime, or during leave periods for which the SEOPW CRA is compensating the employee (i.e., FMLA leave, personal time off, etc.). Additionally, employees may not use any SEOPW CRA facilities, supplies or equipment, including SEOPW 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 SEOPW CRA employees must be aware that the SEOPW CRA retains legal ownership of the product of their work. No work product created while employed by the SEOPW CRA can be claimed, construed, or presented as property of the individual, even after employment by the SEOPW CRA has been terminated or the relevant project completed. This includes written and electronic documents, audio and video recordings, system code, and any concepts, ideas, or other intellectual property developed for the SEOPW CRA, regardless of whether the SEOPW CRA uses the intellectual property. 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 the SEOPW CRA. f. Reporting Potential Conflicts An employee must promptly disclose actual or potential conflicts of interest, in writing, to their supervisor. Approval for the relationship will not be given unless it can be determined that the relationship will not interfere with the employee's duties or will not harm the SEOPW CRA. The Executive Director shall have the sole authority to determine whether a conflict exists and if approval will be granted. 7. 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 SEOPW CRA's counsel, who, in turn, will acknowledge receipt of the public records requests in a timely manner to the requesting party. A requesting party is not required to present a written request for public records, nor is a requesting party required to disclose their identity. In the event of a verbal request, employees are required to ensure that they have accurately recorded the request made, and forward the same to the Executive Director and the SEOPW 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 13 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Chapter 119, Florida Statutes provides for fees and costs to be assessed to a requesting party for the inspection and/or production of public records. The SEOPW CRA will notify the requesting party of any fees and/or costs prior to copying and/or producing the records. Employees should also be aware that not every record is considered a public record under Chapter 119, Florida Statutes. There are many statutory provisions which exempt certain records from disclosure to the public. Employees are not expected to know of every exemption; however, employees are required to notify the Executive Director and counsel so that they may evaluate whether an exemption is applicable prior to the inspection or production of the requested records. 8. SOLICITATION/DISTRIBUTION Solicitations of any type and/or distributions of pamphlets, handbills, flyers, folders, or other materials by an employee are not permitted on the SEOPW CRA's premises during those periods of the day when the employee is engaged in performing their work tasks. For purposes of this policy, "premises" includes digital/electronic locations as well as physical locations. Solicitations and/or distributions, as described above, are not permitted at any time on the SEOPW CRA's premises by persons not employed by the SEOPW CRA. Distributions, as described above, are not permitted by employees at any time in working areas. Employees may not post any notice or other literature on SEOPW CRA's property without prior approval of the Executive Director. Solicitation or distribution must not impede access in or out of the SEOPW CRA's buildings or other premises, impede physical movement within the building or premises, or interfere with work being performed by the SEOPW CRA's employees and public officials. Any employee who observes a violation of this policy must report it immediately to Human Resources. B. EMPLOYMENT 1. INITIAL EMPLOYMENT PERIOD Every new employee goes through an initial adjustment period to learn about the SEOPW CRA and about their job. During this time, the employee will have an opportunity to find out if they are suited to and like their new position. Also, the initial employment period gives the employee's supervisor a reasonable time to evaluate their performance. The initial employment period is three (3) consecutive months of service. During this time, the new employee will be provided with training and guidance from their supervisor. The employee may be discharged during this period if their supervisor concludes that they are not progressing or performing in a manner acceptable to the SEOPW CRA. Under appropriate circumstances, the initial employment period may be extended. Also, as is true during an employee's employment with the SEOPW CRA, employment is not for any specific time and may be terminated at will, with or without cause and without notice. At the end of the initial employment period, the employee's supervisor will issue an evaluation. Provided their job performance is acceptable to the SEOPW CRA at the end of the initial employment period, they will continue in our employment as an at -will employee. 14 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 2. EMPLOYEE CATEGORIES Based on the conditions of employment, employees of the SEOPW CRA fall into the following categories: • Regular Full -Time Employees • Regular Part -Time Employees • Temporary Employees a. Full -Time An employee employed for an indefinite duration who works forty (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 minimum wage and 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 by the Fair Labor Standards Act. Non-exempt employees receive overtime pay in accordance with the SEOPW CRA's overtime policy. Their compensation is calculated hourly. Employees classified as non-exempt are required to sign -in and accurately record their work hours daily. Failure of an employee to accurately record work hours or falsify time records shall be grounds for disciplinary action, up to and including termination. b. Part -Time An employee who is employed for an indefinite duration who works on average no more than twenty-eight (28) hours per work week is considered a part-time employee. Part—time employees are not entitled to SEOPW 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 SEOPW CRA. 3. TRANSFERS AND PROMOTIONS The SEOPW 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, and Executive Director so that it may be determined if their skills fit the requirements of the desired job. Employees should also feel free to discuss their career aspirations with their supervisor/manager or the Executive Director at any time. Generally, employees should be in their job for at least one (1) year before applying for a change of position. 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. 15 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Each transfer or promotion is judged individually, depending on the needs of the SEOPW CRA. The Executive Director will make all final decisions regarding transfers and promotions. C. COMPENSATION 1. PERFORMANCE MANAGEMENT, EVALUATION AND COMPENSATION PROGRAMS To attract and retain a highly qualified and competent workforce, SEOPW CRA compensates its employees fairly and equitably based upon demonstrated job performance and in accordance with its Equal Employment Opportunity policy. Notwithstanding, salary increases, and other employee benefits are subject to the Executive Director's discretion based on budgetary priorities. a. Annual Performance Review Employees should receive constructive work reviews designed to address performance and skill developmental needs and interests. A regular, full-time employee is eligible for consideration of a merit increase after at least six (6) months of continuous service before the merit award date. For purposes of determining length of service, the date on which the employee first reports to work are considered the anniversary date. An employee whose pay is at the maximum of the salary range may not be granted an increase that would cause the base salary to exceed the maximum of the range for that position. In accordance with SEOPW CRA guidelines, supervisors will recommend whether (a) an employee should receive any merit increase based on their annual performance review and (b) the amount of increase appropriate for the performance results. The following factors are the basis for awarding merit pay to employees: 1. The employee's performance as reported in the annual performance review. 2. The appropriate pay level within the range for the employee considering the employee's performance and performance of others in the range. 3. Pay increase funds available. 4. Recommendations of supervisors, as approved by executive officers. b. Cost of Living Adjustment (COLA) A cost -of -living adjustment (COLA) is a rise in benefits or compensation to compensate for rising living expenses. All eligible employees may receive a cost -of -living adjustment each October 1st at the discretion of the Executive Director based on budgetary priorities. The COLA is subject to all applicable taxes. c. Executive Benefits Program The Executive Director, interim or acting, may establish an Executive Benefits program at his or her discretion based on considering budgetary constraints of the SEOPW CRA. The Executive Director shall be responsible for identifying staff members eligible for participation in the program and determining the program benefits and applicable benefits amount(s). The Executive Director reserves the right to terminate the program at any time based on the budgetary needs of the SEOPW CRA. 16 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 2. INTERIM AND PERMANENT EXECUTIVE DIRECTOR'S BASIC COMPENSATION In the absence of a directive from the SEOPW CRA Board, the basic compensation for the Executive Director, interim or permanent, shall be as follows: 1. Salary — reflected in the annual budget, as approved and adopted by the SEOPW CRA Board. 2. Car Allowance — reflected in the annual budget, as approved and adopted by the SEOPW CRA Board. 3. Health/Dental/Vision (plus dependents) — SEOPW CRA to cover cost. 4. Cellular Phone Allowance — reflected in the annual budget, as approved and adopted by the SEOPW CRA Board. 5. Life Insurance — 2 x Salary. 6. Long Term and Short -Term Disability Insurance — 2 x Salary. a. Accidental Death and Dismemberment — SEOPW CRA to cover cost 7. Vacation and Leave — as outlined in this handbook. See below Article D. Time Off below. 8. Sick Leave— as outlined in this handbook. See Article D. Time Off below. 9. Severance — Maximum amount of severance pay in accordance with Section 215.425(4)(a), Florida Statutes, upon separation. 10. Salary/Cost of Living Increases — automatic 2% annual increase, unless a different amount is reflected in the annual budget, and approved and adopted by the SEOPW CRA Board. 11. Employer's Retirement Contribution — reflected in the annual budget, as approved and adopted by the SEOPW CRA Board. 12. Training, Memberships and Subscription — SEOPW CRA to cover cost. 3. 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 17 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 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 SEOPW CRA-recognized holiday, paychecks will be distributed one workday prior to the aforementioned schedule. Under no circumstances will the SEOPW 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 Finance Department 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. 4. TIME RECORDS a. Generally The attendance of all employees is recorded daily and is submitted to payroll weekly. Our attendance records are SEOPW CRA records, and care must be exercised in recording the hours worked, overtime hours, and absences. Each employee is encouraged to check -in with their supervisor before commencing work each day. Each employee is responsible for their own recordkeeping. Once an employee signs in, work commences immediately. Failure to do so is considered a falsification of timekeeping records. The SEOPW CRA uses these time records to calculate non-exempt employees' compensation, so it is important to keep an accurate record of all hours worked. At the end of the pay period, non-exempt and exempt employees are required to review their time records for that pay period and acknowledge in writing that the hours recorded are an accurate reflection of all hours worked. Additionally, time records with overtime for non-exempt employees must be countersigned by a supervisor and must be submitted to the Finance Department for the prior pay period by end of business day on the Monday before payday for an employee's payment to be processed in time for payday. Non-exempt employees arriving at work earlier than their scheduled start time are not to clock in until they are ready to begin their workday and are not to perform work until the employee has clocked in. Likewise, non-exempt employees concluding their workday 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 workday, even though they may continue to remain in the office beyond their scheduled completion time for personal reasons. The SEOPW CRA is committed to compensating its employees for all hours worked, and therefore, it is imperative that employees help to ensure that the SEOPW CRA's time records are accurate. All employees must contact their supervisor to advise them of a late arrival time or to request to leave earlier than their scheduled completion time. Any inaccuracies in the time records must be immediately reported to the Finance Depaitnient. It is the employee's responsibility to check the time records for accuracy. The SEOPW CRA will immediately correct any errors brought to its attention. Personal time off, sick days, floating and birthday holidays, and office closures due to federal holidays must be recorded by each employee on their bi-weekly timesheet. b. Breaks 18 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 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 SEOPW CRA. Employees must not all take lunch breaks simultaneously. Your supervisor will inform you of your time slot for taking a lunch break. Employees are not permitted to eat lunch at their desk or while performing any work for the SEOPW CRA. Lunch breaks must be accurately recorded on the SEOPW CRA's time records. If business necessity dictates, as determined solely by a supervisor, that an employee must be called back from a lunch break resulting in the employee receiving less than the allotted lunch break, the employee will be compensated accordingly. Nursing mothers needing time to express breast milk should plan with the Executive Director or designee for appropriate breaks for that purpose. For up to one year after the child's birth, any employee who is breastfeeding will be provided reasonable break times to express breast milk. The SEOPW CRA will designate an office for this purpose, upon request Employees must reserve the room by contacting the Human Resources Department. A small refrigerator reserved for the specific storage of breast milk is available. Any breast milk stored in the refrigerator must be labeled with the name of the employee and the date of expressing the breast milk. Any nonconforming products stored in the refrigerator may be disposed of. Employees storing milk in the refrigerator assume all responsibility for the safety of the milk and the risk of harm for any reason, including improper storage, refrigeration, and tampering. Breaks of more than 20 minutes in length will be unpaid, and recorded on timesheets where appropriate. Also, one paid 15-minute break shall be permitted once in the morning and afternoon, for which the employee is not required to clock out. Employees must not all take breaks simultaneously. The employee is expected to work at all other times during the employee's scheduled workday, other than during a lunch break and the morning and afternoon 15-minute breaks. c. Violations of Policy Violations of this policy may result in appropriate disciplinary action, up to and including suspension without pay and immediate discharge. 5. OVERTIME PAY a. Generally The standard work week for non-exempt full-time employees typically shall not exceed forty (40) hours (not including any lunch breaks). Depending on the SEOPW CRA's work needs, employees will be required to work overtime when requested to do so. All overtime must be approved by the Executive Director each day, in advance of working overtime. All overtime hours must be recorded in the same manner regular work hours are recorded. Under no circumstances is an employee permitted to work overtime off the clock. Non-exempt employees are eligible for additional pay at a rate of one and one-half (1'/2) times the employee's regular rate for hours worked more than forty (40) hours in a work week. Additionally, time records reflecting overtime must be countersigned by the employee's supervisor and the Executive Director, and must be submitted to the Finance Department by the Monday preceding payday for an employee's payment to be processed for payday. "Hours worked" is defined as actual hours worked, and is not inclusive of any lunch breaks or any paid time off including, but not limited to, paid personal time off, annual leave, personal days, jury duty, paid holidays, sick leave, or bereavement leave. 19 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Employees are responsible for checking their own time records to ensure their accuracy. Any discrepancies should be immediately reported to the Finance Department. The SEOPW 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 SEOPW CRA and the employee before the performance of the overtime assignment. Therefore, all work anticipated to be completed during overtime hours must be pre -approved by the supervisor and the Executive Director, who, in turn, will discuss the issuance of compensatory time with the employee. Any compensatory time received must be used during the pay period following the pay period in which it was earned. c. Flexible Time The SEOPW CRA recognizes that there may be times when a non-exempt regular full-time employee is required to remain at work longer than their normal business hours due to an SEOPW CRA event or meeting. When this happens, an employee may, with the approval of their supervisor, flex the start time or end time on another day within the same work week. The flex time shall be equal to the extra hours worked by the employee. d. Violations of Policy An employee's failure to adhere to this policy may result in appropriate disciplinary action, up to and including suspension without pay and immediate discharge. e. Complaint Procedure If you believe you were not paid correctly for overtime worked, you must report that concern to your supervisor and/or the Finance Department. Any employee who receives such a complaint or is otherwise aware of the improper payment of overtime, must immediately notify the Executive Director. The SEOPW 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. If an investigation establishes that a violation of this Policy has occurred, the Company will reimburse the employee for any overtime the employee was due, and will take all appropriate corrective action to ensure that an underpayment does not occur again. f. Anti -Retaliation The SEOPW CRA prohibits retaliation, in any form, against any employee who makes a complaint under this policy or participates in the SEOPW CRA's investigation of such a complaint. 6. PERSONNEL RECORDS To keep necessary SEOPW CRA records up to date, it is extremely important that you notify the Finance Department of any changes in: • Name and/or marital status 20 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT • Address and/or telephone number • No. of eligible dependents • W-4 deductions • Person to contact in case of emergency All departing employees must provide the SEOPW CRA with an updated address to ensure that all necessary tax, insurance, and other forms are sent to the correct address. 7. IMMIGRATION LAW COMPLIANCE The SEOPW CRA is committed to employing only those employees who are authorized to work in the United States. In compliance with the Immigration Reform and Control Act of 1986, each new employee must complete an Employment Eligibility Certification Form I-9 and present documentation establishing identity and employment eligibility. Former employees who are rehired also may be required to complete the form. Employees with questions should contact the Executive Director or designee. Employees also may raise questions or complaints about immigration law compliance without fear of reprisal. 8. DEDUCTIONS FROM PAY OF EXEMPT EMPLOYEES Executive, administrative, and professional employees of the SEOPW CRA are classified as exempt and are not legally entitled to overtime pay for hours worked over forty (40) hours in a work week. Generally, exempt employees are paid a pre -determined salary for any work week in which they perform work, regardless of the quality or the number of hours of work performed 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 Finance Department. Inadvertent mistakes will be corrected promptly. a. Permissible Deductions Federal wage -hour regulations permit the following deductions from an exempt employee's salary: i. Absences for Personal Reasons. The SEOPW CRA may deduct from an exempt employee's weekly salary for any full day that the employee is absent from work for personal reasons, other than sickness or disability. If an exempt employee is absent for personal reasons and uses an available paid personal or personal time off day, the employee will be paid for that day by utilizing any personal or personal time off leave available. If, however, an exempt employee takes a personal day prior to eligibility for or after having exhausted their entitlement to personal and personal time off days, the SEOPW 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 SEOPW 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 SEOPW CRA's sick leave policy, and workers' compensation law. 21 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT The SEOPW 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 SEOPW 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 forty (40) hours per week takes four (4) hours in intermittent - leave time, the SEOPW CRA may reduce their weekly salary for that week by ten percent (10%). Employees should review the SEOPW 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 SEOPW 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 Finance Department. iv. Suspensions. The SEOPW CRA may suspend an exempt employee from work without pay for one or more full days for serious workplace misconduct in violation of the SEOPW CRA's workplace conduct rules, including violations of this handbook. v. Absence during Initial or Terminal Weeks. The SEOPW CRA is not required to pay the full salary of an exempt employee in their initial or terminal weeks of employment if that employee does not work for the entirety of those weeks. The SEOPW CRA will pro -rate the employee's salary, in these weeks, in proportion to the days (or time) worked. b. Complaint Procedure If you believe a deduction was taken in error, report that concern to your supervisor and/or the Finance Department. Any employee who receives such a complaint or is otherwise aware of improper or mistaken salary deductions, must immediately notify the Executive Director. The SEOPW 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. If an investigation establishes that a violation of this policy has occurred, the SEOPW CRA will reimburse the employee for any improper deductions and will take all appropriate corrective action to ensure that such deductions or conduct does not occur again. c. Anti -Retaliation The SEOPW CRA prohibits retaliation, in any form, against any employee who makes a complaint under this policy or participates in the SEOPW CRA's investigation of such a complaint. 22 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT D. TIME OFF 1. PERSONAL TIME OFF a. Full-time Regular Employees and Executive Staff Time away from work to relax and pursue special interests is essential to everyone. All full-time regular employees shall be allotted personal time off as outlined below. Personal time off hours shall be available for use at the beginning of each fiscal year, provided the employee is eligible to use personal time off, and any request for personal time off has been approved by the Executive Director. New employees are not eligible to use personal time off until after they have completed ninety (90) days of employment. Given the nature and demands of executive level positions, personal time off time is available for immediate use for executive level positions. Where special business necessity requires an exception, prior approval must be given by the Executive Director. Years of Service Regular Employees (Regular Employees (Executive Staff) 0-4 years of service 132 hours per year 200 hours per year 5-9 years of service 148 hours per year 220 hours per year 10-14 years of service 160 hours per year 240 hours per year 15-19 years of service 180 hours per year 260 hours per year 20 or more years of service 200 hours per year 280 hours per year b. Requesting Use of Personal Time Off All employees must submit a written request to use personal time off time to their immediate supervisor for review. All requests must ultimately be approved by the Executive Director. All employees should make their personal time off requests as far in advance as possible. The SEOPW CRA will attempt to grant an employee the personal time off dates he or she requests; however, said request is subject to the SEOPW CRA's business needs. When a SEOPW CRA holiday falls during a scheduled personal time off, the holiday is not counted as a personal time off day, but as a holiday. Any employee that becomes ill during a scheduled personal time off cannot change a personal time off day to a sick day; scheduled personal time off days count as personal time off even if an employee would ordinarily take a sick day. The Executive Director may mandate the use of Paid Time Off (PTO) if the office is closes for any business -related or non -business related reasons. c. Restrictions on accumulation of Personal Time Off — Rollover Policy The SEOPW CRA recognizes that due to the daily professional demands of employees, the ability to fully utilize PTO accrued within a fiscal year may not be feasible. Regular employees may not rollover more than forty (40) hours and Executive Staff may rollover no more than eighty (80) hours each fiscal year. Regular employees may roll over their accrued personal time off each fiscal year, but it has no monetary value. Employees cannot cash out hours exceeding the allotted amount per fiscal year. Any rolled over 23 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT hours must be utilized within the consecutive fiscal year along with PTO accrued during the current fiscal year. With respect to the Executive Director, the SEOPW CRA Board of Commissioners shall determine the applicable number of accumulated PTO hours that the Executive Director may accrue on an annual basis, the number of PTO hours that may be rolled over each year, if any and the total maximum number of hours the Executive Director may accrue during his/her term of employment. Notwithstanding the permitted rollover allowance for designated Executive Staff, any employee, including the Executive Director, is not permitted to rollover PTO during in a fiscal year if he or she is on leave of absence without pay, suspension without pay, or when the employee is otherwise in a non -pay status. d. Annual Payout of PTO Full-time employees who have completed their 90-day probationary period and have accrued PTO are eligible to cash out an approved amount of their PTO each fiscal year. To determine the specific amount that can be cashed out, please reference the designated chart below. This policy ensures that eligible employees can access their benefits while adhering to company guidelines. In cases of separation from employment with SEOPW CRA by voluntary resignation, involuntary reduction in workforce or occupational disability, employees who have completed their probationary period may receive a maximum PTO payout as shown below: Regular employees who work 80 hours per pay period 40 Hours Regular employees designated as Executive Staff who work 80 hours per pay period.* 160 Hours *This category includes the Executive Director, interim or acting, if the SEOPW CRA board has not addressed the Executive Director's compensation package. 2. ABSENCE DUE TO ILLNESS To keep the SEOPW CRA running smoothly and efficiently, it is important that every employee be on the job and on time regularly. For this reason, careful attention is given to promptness, absence record and overall dependability. The SEOPW CRA recognizes, however, 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. Both regular and executive employees who are unable to perform their jobs due to illness or injury are eligible for sick days at the rate of 8 hours per month. Sick leave hours may be carried over from year to year. Regular employees may not cash out sick leave hours. Regular employees may cash out sick leave hours with a capped amount (subject to funding availability) upon separation. Executive employees are entitled to cash out sick leave hours upon separation. To be eligible for use of sick leave, employees unable to report to work due to illness or injury must telephone their supervisor directly, each day of their absence, as far in advance as possible, but no later than 30 minutes before their scheduled arrival time. If their supervisor is not available, the Finance Department should be contacted. If an employee is unable to make the call personally, a family member or a friend 24 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT should contact the supervisor or the Finance Department. The employee bears the obligation to contact as provided above each day of absence. An employee who fails to contact their immediate supervisor or the Finance Department may be considered voluntarily resigning. If the SEOPW CRA has questions about the nature or length of an employee's disability, a written certification from a physician or licensed health care professional may be required. The use of sick leave is prohibited during an employee's initial 90 days of employment. 3. HOLIDAYS a. Designated Holidays All full-time employees (including those in initial employment period) are eligible for twelve (12) paid holidays per year as follows: New Year's Day Labor Day Dr. Martin Luther King, Jr. Day Columbus Day/Indigenous Peoples' Day President's Day Veterans Day Memorial Day Thanksgiving and the day after Thanksgiving Juneteenth Christmas Day Independence Day At the end of each year, the holiday schedule for the coming year will be provided to employees. Where a holiday falls on a Saturday, SEOPW CRA employees will observe the holiday on the preceding Friday. Where a holiday falls on a Sunday, SEOPW CRA employees will observe the holiday on the following Monday. b. Floating Holidays All full-time, regular employees receive two (2) floating holidays per year in addition to the SEOPW CRA's regular paid holidays. These two floating holidays may be used only for religious or cultural holidays, employee birthdays, or other state or federal holidays during which the SEOPW CRA remains open. Floating holidays are available for all current employees at the beginning of each fiscal year. A new employee hired before the end of the first half of the fiscal year will receive two (2) floating holidays upon hire; a new employee hired during the second half of the fiscal year will receive one (1) floating holiday upon hire. Employees must specify the event for which they are requesting to use a floating holiday. The request must be scheduled and approved in advance by the employee's immediate supervisor. Floating holidays will not be carried over to the next fiscal year, nor will they be cashed out if not taken or paid upon termination of employment. c. Birthday Holiday Pay Employees will receive one (1) birthday holiday per year in addition to the SEOPW CRA's regular paid and floating holidays. This birthday holiday must be used within the employee's birth month. Birthday 25 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT holidays will not be carried over to the next fiscal year, nor will they be cashed out if not taken or paid upon termination of employment. d. Holiday Pay Hourly employees will be compensated holiday pay based on the regular rate (straight time) multiplied by the number of hours that employee is normally scheduled to work on the day that falls on a holiday (i.e., an employee who is normally scheduled for eight (8) hours on the day that falls on a holiday will be compensated eight (8) hours at the employee's regular rate as holiday pay). Employees 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. 4. BEREAVEMENT LEAVE The SEOPW CRA's Bereavement Leave Policy establishes a uniform guideline for providing leave time to employees in the event of a death of certain relative family members or pregnancy loss due to miscarriage or stillbirth. a. Eligibility: All full-time, active employees are eligible for leave under this policy. An employee will receive paid leave of three (3) to five (5) days. Leave should 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. b. Definitions: Immediate family member is defined as the employee's spouse, registered domestic partner, child, stepchild, parent, stepparent, father-in-law, mother, mother-in-law, son-in-law, daughter-in- law, brother, sister, grandparent, grandchild, stepbrother, stepsister, or an adult who stood in loco parentis to the employee during childhood. c. Procedures 1. An employee who wishes to take time off due to the death of an immediate family member should notify their supervisor as soon as possible. If an employee needs to leave work early due to a death notification, any hours used for the absence will be count as bereavement leave. Employees should make their supervisor and the Finance Department aware of their situation and of the need to leave work early. In addition to bereavement leave, an employee may, with their supervisor's approval, use any available personal leave for additional approved time off as necessary. 2. Upon returning to work, the employee must record their absence as a Bereavement Leave on their attendance record. Proof of death and relationship to the deceased may be required for verification. Failure to provide any requested documentation will result in the leave being unpaid. 3. Bereavement pay is calculated based on the base pay rate at the time of absence, and it will not include any special forms of compensation, such as incentives, commissions, bonuses, overtime or shift differentials. 4. Paid bereavement leave will be granted according to the following schedule: i. An eligible employee may utilize three (3) to five (5) consecutive days off from their regularly scheduled duty with regular pay in the event of the death of the employee's spouse, registered domestic partner, child, stepchild, parent, stepparent, father-in-law, 26 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT mother, mother-in-law, son-in-law, daughter-in-law, brother, sister, grandparent, grandchild, stepbrother, stepsister, or an adult who stood in loco parentis to the employee during childhood. Leave time shall be permitted as follows: • In -state: Three (3) days • Out-of-state: Five (5) days ii. An employee may use up to five (5) consecutive days in case of pregnancy loss due to miscarriage or still birth. (Note: If leave is granted under the Family and Medical Leave Act, the five (5) days of Bereavement Leave will be used concurrently.) iii. Employees are allowed one (1) day off from regular scheduled duty with regular pay in the event of death of the employee's brother-in-law, sister-in-law, aunt, uncle, or spouse's or registered domestic partner's grandparent. iv. Employees are allowed up to four (4) hours of bereavement leave to attend a fellow regular employee's funeral, provided such absence from duty will not interfere with normal company operations. 5. JURY DUTY A leave of absence for jury duty will be granted to any full-time or part-time employee notified to serve. During this leave, employees will be compensated with payment equal to the difference between their jury duty pay and their regular salary for a maximum of five (5) days, unless otherwise required by law. An employee on jury duty must report to work any day they are excused from jury duty. Upon receipt of the notice to serve jury duty, the employee should immediately notify their supervisor, and the Finance Department. 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 the Finance Department and must submit a signed Certificate of Jury Service indicating the number of days served. If the jury duty falls at a time when the employee cannot be away from work, the SEOPW CRA may request that the court allow the employee to choose a more convenient time to serve if SEOPW CRA makes a request in accordance with the court's procedures. The employee is encouraged to cooperate with the request for a postponement. The SEOPW CRA will work to accommodate any future scheduling conflicts resulting from the postponement of jury service. 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 thirty (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 thirty 30 days for each emergency or disaster, as established by executive order of the Governor. b. Uniformed Services Employment and Reemployment Act ("USERRA") 27 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 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 personal time off 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 they 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 thirty-one (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 thirty (30) days, an employee may elect to continue their health coverage for up to eighteen (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 one hundred and two percent (102%) of the full premium for the coverage elected. Said premium is to be calculated the same way as 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 their employer, as soon as possible (unless they are unable to do so because of military necessity or it is otherwise impossible or unreasonable). Leave for Training and Other Related Obligations (e.g., fitness for service examinations) Employees will also be granted time off for military training (normally fourteen (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 the Executive Director or designee of their training schedule and/or other related obligations as soon as possible. Employees are required to retain their military pay vouchers. Upon return from training, the employee must submit their military pay voucher to the Finance Department. The SEOPW CRA will pay an employee's full salary, less base military pay, for the first six (6) months of the training period. This six-month period of supplemental pay may be extended by the Executive Director. Return from Military Leave Notice Required An employee who served for less than thirty-one (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 regularly scheduled work period that starts at least eight (8) hours after the employee has returned from the location of service. 28 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT An employee who served for more than thirty (30) days, but less than one hundred eighty-one (181) days, must submit an application for reemployment no later than fourteen (14) days after completing their 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 over one hundred and eighty (180) days must apply for reemployment no later than ninety (90) days after completing 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 thirty-one (31) days or if employee reported for a fitness to serve examination), or submit an application for reemployment (if the service was greater than thirty (30) days), at the end of the necessary recovery period (but which may not exceed two (2) years, unless for a fitness to serve examination). Required Documentation An employee whose military service was for more than thirty (30) days must provide documentation upon their 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 (5) years; and (iii) the employee received an honorable or general discharge. 7 . LEAVE UNDER THE FAMILY AND MEDICAL LEAVE ACT ("FMLA") It is the SEOPW CRA's intent to provide Family and Medical Leave (FML) to its employees in compliance with the requirements of the Family and Medical Leave Act (FMLA) of 1993. FMLA provides eligible employees with unpaid leave for certain family and medical reasons during a twelve (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 SEOPW CRA: (1) for at least twelve (12) months (which need not be consecutive); and (2) for at least 1,250 hours during the twelve (12) month period immediately preceding the commencement of the leave. b. Events Which May Entitle an Employee to FMLA Leave An unpaid leave of up to twelve (12) work weeks may be taken by an employee for one, or a combination, of the following reasons: 1. the birth of the employee's child or to care for the newborn child; 2. the placement of a child with the employee for adoption or foster care or to care for the newly placed child; 29 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 3. to care for the employee's spouse, registered domestic partner, child or parent (but not in-law) with a serious health condition; 4. the employee's own serious health condition that makes the employee unable to perform one or more of the essential functions of their job; and/or 5. for any qualifying exigency arising out of the fact that the employee's spouse, registered domestic partner, 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, registered domestic partner, son, daughter, parent, or next of kin of a "covered servicemember" to take up to twenty six (26) workweeks of FMLA leave in a single 12-month period to care for a "covered servicemember" with a "serious injury or illness." A "covered service member" is a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness. A "covered servicemember" also includes a veteran who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness if the veteran was a member of the Armed Forces at any time during the period of five (5) years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy. A "serious injury or illness" means, an injury or illness incurred by the member in line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member's office, grade, rank or rating and/or a serious injury or illness that existed before the beginning of the member's active duty and was aggravated by service in line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating. For a veteran, a "serious injury or illness" is defined as a qualifying injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces (or existed before the beginning of the member's active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran. d. How Much FMLA Leave May Be Taken i. The 12-Month Period An eligible employee is entitled to up to twelve (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 twenty-six (26) workweeks during a 12-month period for military caregiver leave. The 12-month period is a rolling 30 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 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 twelve (12) months after the birth or placement of the child. Where spouses or registered domestic partners are both employed by the SEOPW CRA, they are together entitled to a combined total of twenty-six (26) workweeks of leave for military caregiver leave. For example, if an employee took sixteen (16) weeks of military caregiver leave, the employee's spouse or registered domestic partner, who is also employed with the SEOPW CRA, would be limited to using ten (10) weeks for military caregiver leave. When leave is unrelated to service member family leave and both spouses or registered domestic partners are employed by the SEOPW CRA, they are together entitled to a combined total of twelve (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 or registered domestic partner 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 twelve (12) workweeks, but not more than a total of twelve (12) workweeks per person). For example, if each spouse or registered domestic partner took 6 weeks of leave to care for a newborn child, each could later use an additional six (6) weeks due to their 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, registered domestic partner, 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, registered domestic partner, son, daughter, or parent is on (or has been notified of an impending call to) "covered active duty" in the Armed Forces may be taken all at once, intermittently or on a reduced work schedule. If an employee takes leave intermittently or on a reduced work schedule basis, the employee must, when requested, attempt to schedule the leave so as not to unduly disrupt the SEOPW CRA's operations. When an employee takes intermittent or reduced work schedule leave for foreseeable planned medical treatment, the SEOPW CRA may temporarily transfer the employee to an alternative position with equivalent pay and benefits for which the employee is qualified and which better accommodates recurring periods of leave. 31 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 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 Executive Director or designee and Finance Department. 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 SEOPW CRA with at least thirty (30) days advance notice or such shorter notice as is practicable (i.e., within one (1) or two (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 SEOPW CRA with notice of the need for leave as soon as practicable (i.e., within one (1) or two (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 SEOPW CRA will notify the employee that leave has been designated as FMLA leave. The SEOPW 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 SEOPW CRA of the reason for the leave, and the employee desires that leave be counted as FMLA leave, the employee must notify the Executive Director or designee and Finance Department within two (2) business days of the employee's return to work that the leave was for an FMLA reason. g. Required Documentation for FMLA Leave When leave is taken to care for a family member as defined in this policy, the SEOPW CRA may require the employee to provide documentation or a statement of family relationship (e.g., birth certificate or court document). An employee may be required to submit medical certification from a health care provider to support a request for FMLA leave for the employee's or a family member's serious health condition. Medical certification forms are available from the Finance Department. Such certification shall be provided to the SEOPW CRA thirty (30) days before 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 fifteen (15) days, unless it is not practicable under the circumstances, despite the employee's diligent and good faith efforts. If the SEOPW CRA has reason to doubt the employee's initial certification, the SEOPW CRA may require the employee, at the employer's expense, to obtain a second opinion from a health care provider designated or approved by the employer. If the initial and second certifications differ, the SEOPW 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 SEOPW 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 SEOPW CRA with periodic reports regarding the employee's status and intent to return to work. If the 32 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 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 SEOPW CRA with reasonable notice (i.e., within two (2) business days) of the employee's changed circumstances and new return to work date. If the employee gives the SEOPW 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 promptly. 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 they are eligible (e.g., personal time off, sick leave, personal leave), said leave shall run concurrently with FMLA leave taken. Any paid leave used for an FMLA qualifying reason will be charged against an Employee's entitlement to FMLA leave. This includes leave for disability or workers' compensation injury/illness, provided it meets FMLA requirements. The substitution of paid leave for unpaid leave does not extend the 12 workweeks (or 26 workweeks, where applicable) leave period. For example, if an employee has 2 weeks of personal time off time, and 1 week of sick leave, the employee's first three weeks of 12-week FMLA leave shall be paid from said personal 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 SEOPW CRA and the employee. If the employee's payment of health insurance premiums is more than 30 days late, the SEOPW CRA may discontinue health insurance coverage upon notice to the employee. j. Return from FMLA Leave Upon return from FMLA leave, the SEOPW CRA will place the employee in the same position as the employee held before the leave or an equivalent position with equivalent pay, benefits and other employment terms. k. Limitations on Reinstatement An employee is entitled to reinstatement only if they would have continued to be employed had FMLA leave not been taken. Thus, an employee is not entitled to reinstatement if, because of a layoff, reduction in force or other reason, the employee is not employed at the time job restoration is sought. The SEOPW CRA reserves the right to deny reinstatement to salaried, eligible employees who are among the highest 33 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT paid 10% of the SEOPW CRA's employees (Key Employees) if such denial is necessary to prevent substantial and grievous economic injury to the SEOPW 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 SEOPW CRA may recover health insurance premiums that it paid on behalf of the employee during any unpaid FMLA leave except that the SEOPW 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 SEOPW CRA may require the employee to provide medical certification of the employee's or the family member's serious health condition. 8. Maternity/Paid Parental Leave The SEOPW CRA will provide up to eight (8) weeks of paid parental leave to employees following the birth of an employee's child or the placement of a child with an employee in connection with adoption or foster care. The purpose of paid parental leave is to enable the employee to care for and bond with a newborn or a newly adopted or newly placed child. Paid Parental Leave will run concurrently with Family and Medical Leave Act (FMLA) leave, as applicable. a. Eligibility 1. Eligible employees must meet the following criteria: • Have been employed with the company for at least 12 months (the 12 months do not need to be consecutive). • Have worked at least 1,250 hours during the 12 consecutive months immediately preceding the date the leave would begin. • Be a full- or part-time, regular employee (temporary employees and interns are not eligible for this benefit). 2. In addition, employees must meet one of the following criteria: • Have given birth to a child. • Be a spouse or committed partner of a woman who has given birth to a child. • Have adopted a child or been placed with a foster child (in either case, the child must be age 17 or younger). b. Amount, Time Frame and Duration of Paid Parental Leave 1. Eligible employees will receive a maximum of eight (8) weeks of paid parental leave per birth, adoption or placement of a child/children. The fact that a multiple birth, adoption or placement occurs (e.g., the birth of twins or adoption of siblings) does not increase the eight (8) week total amount of paid parental leave granted for that event. In addition, in no case will an employee receive more than eight (8) weeks of paid parental leave in a rolling 12-month period, regardless of whether more than one birth, adoption or foster care placement event occurs within that 12- month time frame. 2. Each week of paid parental leave is compensated at 100 percent of the employee's 34 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT regular, straight -time weekly pay. Paid parental leave will be paid biweekly on regularly scheduled pay dates. 3. Approved paid parental leave may be taken at any time during the two (2) month period immediately following the birth, adoption or placement of a child with the employee. Paid parental leave may not be used or extended beyond this two (2) month time frame. 4. In the event of a female employee who herself has given birth; the eight (8) weeks of paid parental leave will commence at the conclusion of any short-term disability leave/benefit provided to the employee for the employee's own medical recovery following childbirth. 5. Employees must take paid parental leave in one continuous period of leave and must use all paid parental leave during the two (2) month time frame indicated above. Any unused paid parental leave will be forfeited at the end of the two (2) month time frame. 6. Upon the individual's employment at the company's termination, they will not be paid for any unused paid parental leave for which they were eligible. c. Coordination with Other Policies 1. Paid parental leave taken under this policy will run concurrently with leave under the FMLA; thus, any leave taken under this policy that falls under the definition of circumstances qualifying for leave due to the birth or placement of a child due to adoption or foster care, the leave will be counted toward the 12 weeks of available FMLA leave per a 12-month period. All other requirements and provisions under the FMLA will apply. In no case will the total amount of leave —whether paid or unpaid —granted to the employee under the FMLA exceed 12 weeks during the 12-month FMLA period. Please refer to the Family and Medical Leave Policy for further guidance on the FMLA. 2. After the paid parental leave (and any short-term disability leave for employees giving birth) is exhausted, the balance of FMLA leave (if applicable) will be compensated through employees accrued sick and personal leave. Upon exhaustion of accrued sick and personal time, any remaining leave will be unpaid leave. Please refer to the Family and Medical Leave Policy for further guidance on the FMLA. 3. The company will maintain all benefits for employees during the paid parental leave period just as if they were taking any other company -paid leave such as personal leave or paid sick leave. 4. If a company holiday occurs while the employee is on paid parental leave, such day will be charged to holiday pay; however, such holiday pay will not extend the total paid parental leave entitlement. 5. If the employee is on paid parental leave when the company offers administrative leave known as an "admin day"), that time will be recorded as paid parental leave. 35 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT Administrative leave will not extend the paid parental leave entitlement. 6. An employee who takes paid parental leave that does not qualify for FMLA leave will be afforded the same level of job protection for the period that the employee is on paid parental leave as if the employee were on FMLA-qualifying leave. 7 Please refer to the Adoption Benefit Policy for additional information about other employee benefits related to the adoption process. d. Requests for Paid Parental Leave 1. The employee will provide their supervisor and the human resource department with notice of the request for leave at least 30 days prior to the proposed date of the leave (or if the leave was not foreseeable, as soon as possible). The employee must complete the necessary Human Resources forms and provide all documentation as required by the Human Resources Department to substantiate the request. 2. As is the case with all company policies, the organization has the exclusive right to interpret this policy. 9. LEAVE OF ABSENCE WITHOUT PAY a. Generally Should a situation arise that temporarily prevents an employee from working, they 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. The provisions of this Leave of Absence without Pay is different from FMLA 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 department, and the expectation that the employee will return to work when the leave expires. Leaves of absence will be considered only after all personal 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 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 increases for an employee returning from an unpaid leave of absence without pay will be deferred by the length of the leave. 36 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT d. 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. e. Returning/Not Returning from a Leave of Absence Due to the nature of our business, the SEOPW CRA cannot guarantee either that an employee's job will remain available or that a comparable position will exist when return from unpaid leave is sought. When an employee is ready to return from a leave of absence without pay, the SEOPW CRA will attempt to reinstate the employee to their former position or to one with similar responsibilities. However, if the position or a similar position is not available, the employee will be terminated. 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 their supervisor/manager they are not returning, whichever is sooner. 10. DOMESTIC VIOLENCE LEAVE POLICY a. Eligibility 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. An employee may use the leave for one of the following reasons: 1. To seek an injunction for protection against domestic violence or an injunction for protection in cases of repeat violence, dating violence or sexual violence; 2. 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; 3. 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; 4. To make the employee's home secure from the perpetrator of the domestic violence or to seek new housing to escape the perpetrator; or 5. To seek legal assistance in addressing issues arising from the act of domestic violence or to attend and prepare for court related proceedings arising from the act of domestic violence. Additionally, an employee seeking leave under this policy must: 1. Have been employed by the SEOPW CRA for 3 months or longer; 2. 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 the SEOPW CRA with at least 14 days advance notice or such shorter 37 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT notice as is practicable (i.e., within 1 or 2 business days of learning of the need for the leave); 3. In cases of imminent danger to the health or safety of the employee, or the health or safety of a family or household member, must provide notice of the need for leave to the SEOPW CRA as soon as practicable (i.e., within 1 or 2 business days of learning of the need for the leave); 4. Provide the SEOPW CRA with sufficient documentation, to the sole satisfaction of the SEOPW CRA, of the act of domestic violence (e.g., police report, court record, proof of assistance from a social services agency, etc.); and 5. Exhaust all annual or personal time off 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 SEOPW 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. b. Definitions 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, registered domestic partner, 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. Except for persons who have a child in common, the family or household members must be residing or have resided together in the same single dwelling unit. ■ "Victim" means any individual who has been subjected to domestic violence. E. EMPLOYEE BENEFITS 1. DISCLAIMER The SEOPW 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 SEOPW 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 38 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT your examination from the Finance Department. 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 SEOPW 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, SEOPW 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 SEOPW 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 Finance Depaitnient. If you lost or misplaced those descriptions, please contact the Finance Department for a copy. 2. HEALTH AND DENTAL INSURANCE The SEOPW CRA provides medical and dental insurance coverage for all eligible employees, in accordance with the terms of the plan description, or as determined by the Executive Director. Your election is generally fixed for the remainder of the plan year. However, if you undergo a change in family status (as defined in the plan description), you may make a mid -year change in coverage (i.e., you may change coverage from individual to family or from family to individual, add or delete dependents, or revoke coverage) provided you do so within the timeframe provided by the plan description. Please contact the Finance Depaitnient 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 you have a change in family status. The Finance Department will help you make the necessary enrollment arrangements. A complete description of the plans is provided to each employee as plan descriptions and appropriate supplements. Medical insurance coverage is only available to employees after the initial 90 days of employment. 3. 401(k) PLAN/457 PLAN The SEOPW 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 the 457 Plan offered by the SEOPW CRA. Further details about the 401(k) and/or 457 plans may be obtained from the Finance Department and the plans' document. Contributions or matching by the SEOPW CRA may change at the discretion of the Executive Director based upon budgetary priorities. 4. WORKERS' COMPENSATION BENEFITS The SEOPW CRA is covered under Florida's Workers' Compensation Laws. Should you sustain a work - related injury, you must immediately notify your supervisor and the Finance Department. Should your 39 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 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 Finance Department will provide the Referral Unit's telephone number. In an emergency, you should go to the nearest hospital emergency room for treatment and then use the Network Referral Unit if more treatment is needed. 5. TUITION REIMBURSEMENT Regular, full-time employees will become eligible for tuition reimbursement upon completion of the 90 days of consecutive employment. If the Executive Director agrees to support an employee's academic efforts and believes that the employee's general job performance warrants such belief, the SEOPW CRA will partially reimburse the employee for tuition for certain courses, degree, professional or certification programs 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 their current job. Costs for textbooks and materials will not be reimbursed to the employee. The amount an employee receives will depend on the Executive Director's approval and upon the grade received and will not exceed an annual reimbursement of seven thousand dollars ($7,000.00) per fiscal year. An employee will be required to enter into a reimbursement agreement agreeing to reimbursement the SEOPW CRA for any tuition reimbursement received should the employee leave the employment of the SEOPW CRA within twelve (12) months of receiving reimbursement. 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 their grade or proof of program completion, the employee must submit a final tuition bill/invoice and the final grades or certificate of completion to the Finance Department for review. The employee must receive a "C" or higher (or equivalent grading on some other scale) in the course to qualify for reimbursement. If an employee resigns or is terminated before receiving a grade or completing the coursework or certification program, the employee will not be reimbursed for tuition expenses. If an employee resigns within twelve (12) months after receiving reimbursement, the value of the reimbursement shall be deducted from the employee's final paycheck. Notwithstanding the aforementioned, the Executive Director has the sole discretion to suspend the implementation of this policy based upon budgetary priorities. F. ON THE JOB 1. ATTENDANCE, PUNCTUALITY AND DEPENDABILITY Because the SEOPW CRA depends heavily upon its employees, it is important that employees attend work as scheduled. Dependability, attendance, punctuality, and a commitment to do the job right are always essential. As such, employees are expected at work on all scheduled workdays and during all scheduled work hours and to report to work on time. Moreover, an employee must personally notify their supervisor or the Finance Department as far in advance as possible but not later than one hour before their scheduled starting time if they expect to be late or absent. This policy applies for each day of their absence. An employee who fails to contact their immediate supervisor or the Finance Department may be considered to be voluntarily resigning from the SEOPW CRA. The employee's supervisor keeps a careful record of absenteeism and lateness 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. 40 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 2. REMOTE WORK POLICY SEOPW CRA considers working remotely to be a viable alternative work arrangement in cases where individual, job and supervisor characteristics are well suited to such an arrangement. Accordingly, the SEOPW CRA provides eligible employees with the opportunity to work remotely. Working from home is a privilege, not a job entitlement and requires prior managerial approval for both regular and irregular working from home, except in emergency circumstances. Anytime you work remotely you must ensure you follow all our work from home guidance outlined below. The SEOPW CRA will determine the viability of remote work arrangements on a case -by -case basis. It will consider a variety of factors including, but not limited to, the employee's amount of daily personal interaction with others (employees, clients, and vendors), the employee's technical capabilities, any hardship on other team members, the employee's job performance, and the employee's ability to work independently. When an employee is granted the opportunity to work remotely, the employee and employee's supervisor shall determine the minimum equipment and software necessary for the employee to complete assignments from the remote location in a timely, efficient and professional manner. In determining which equipment (if any) shall be provided by the SEOPW CRA, the supervisor may consult other departments within the SEOPW CRA as to appropriateness and availability. a. Working Remotely Employees authorized to work remotely must adhere to the following guidelines: 1. You will perform all job duties at least at a high-performance level. 2. You will maintain normal interactions with your supervisor, co-workers, or team members. 3. Your schedule will not adversely affect the ability of other company employees, your team and other teams to perform their jobs. 4. As business needs change and with reasonable notice, you will be expected to adjust your work schedule to meet department needs. 5. You will use your laptop camera to be present in all virtual meetings. 6. You will be active on the SEOPW CRA communications platform and notify your team when you need to step away for an extended period of time. 7. Working from home is not designated as a substitute for child, elder, or other dependent care. Employees with caretaking responsibilities must make appropriate arrangements for their dependents to be supervised away from the work area during work hours. 8. You will establish a safe and appropriate work environment for remote work purposes, which includes implementing good information security practices at your remote work location and ensuring the protection of proprietary SEOPW CRA and customer information accessible from your remote work location in accordance with the SEOPW CRA's policies. 41 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 9. All your obligations and responsibilities, and terms and conditions of employment, with the company remain unchanged. 10. You will, at your own expense, maintain high speed Internet service at your remote work location. 11. When working in a public area, you must take all reasonable steps to ensure the confidentiality and security of any confidential information. You should ensure that any documents/laptop screens are, as much as possible, not visible to members of the public. You will also be required to observe the conditions set out in any other SEOPW CRA policies regarding data security and confidential information. 12. Any non-compliance with this agreement may result in modification or termination of the flexible work arrangement or your employment. b. Additional Guidelines: 1. You are expected to be in the office on any day that in -person attendance is requested or required. 2. You must request to work from home as far in advance as possible but at least the night before unless it is an absolute emergency. The request must be submitted to your supervisor. Generally, texting the morning of is not acceptable and impacts the rest of the team. You are expected to keep your calendar up to date and indicate when you are working from home. 3. Employees who work remotely are responsible for paying ongoing operating costs associated with their remote work locations, costs associated with non -company issued phone services, high-speed Internet fees, utility costs and homeowner's or renter's insurance. 4. Unless expressly authorized to do so, an employee may not purchase or rent equipment on behalf of the SEOPW CRA. 3. DRUG & ALCOHOL ABUSE The manufacture, distribution, dispensation, possession, or use of any illegal drug, alcohol, or controlled substance while on SEOPW CRA premises is strictly prohibited. These activities constitute serious violations of SEOPW CRA rules, jeopardize the SEOPW CRA and can create situations that are unsafe or that substantially interfere with job performance. Employees violating the policy are subject to appropriate disciplinary action, including termination. Additionally, SEOPW CRA reserves the right to require an employee to undergo a medical evaluation under appropriate circumstances. Any employee who is arrested to a criminal drug or alcohol related offense must report it to the Executive Director and supervisor within three (3) days of the arrest. Any employee who is convicted (including a term of probation or community control) or agrees to enroll in a pre-trial diversion program for a drug or alcohol related offense must report it to the Executive Director and supervisor on the same day of the case disposition. 42 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT The SEOPW 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 our employees' benefit 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 (i.e., reasonable suspicion); • after any accident or occurrence on the job when it appears that the employee might reasonably have avoided the accident or minimized the consequences, but did not do so; • and special risk or mandatory testing positions will be required to pass a pre -employment drug - screening test as a condition of employment. Nothing herein shall alter the at -will employment relationship. Employment may be terminated either by the SEOPW CRA or the employee at any time, for any reason or no reason at all. Employees should refer to SEOPW CRA's Drug and Alcohol Free Workplace Policy for more information about SEOPW CRA's policies and procedures. 4. APPEARANCE AND CONDUCT The SEOPW CRA expects employees to always maintain a neat, well-groomed appearance. Employees should always appear professional. The SEOPW CRA requires order and discipline to succeed and to promote efficiency, productivity, and cooperation among its employees. The orderly and efficient operations of the SEOPW CRA require that employees maintain proper standards of conduct. Employees who fail to maintain proper standards of conduct toward their work, their co-workers, or the public, or who violate any of the SEOPW 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 Executive Director or designee immediately. 5. ANTI -NEPOTISM POLICY The employment of relatives, domestic partners, or those in a casual or committed dating relationship with current SEOPW CRA employee can cause various problems, including charges of favoritism, conflicts of interest, family discord and scheduling conflicts that work to the disadvantage of both the SEOPW CRA and its employees. Therefore, it is the policy of the SEOPW CRA not to hire a close relative, domestic partner or dating acquaintance (casual or committed) 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. This policy shall also apply to the domestic partners, any person who is engaged to be married to an employee or who otherwise self -identifies as, or is generally known as, the person who the employee intends to marry or with whom the employee intends to form a household; any other person having the same legal residence as the employee; or any person in a casual or dating relationship with a SEOPW CRA employee. 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 43 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT will resign and will be required to inform the SEOPW CRA of their decision within a 30-day period from notice of the violation. If the employees cannot decide, the SEOPW CRA will decide in its sole discretion who will remain employed. 6. NON -FRATERNIZATION POLICY The purpose of this policy is to recognize the SEOPW CRA's responsibility to promote a fair and productive work environment for everyone and to provide guidelines and restrictions applicable to the employment of individuals engaged in close personal relationships (fraternization). Potential problems posed by dating and romance in the workplace may include conflicts of interest, sexual harassment and discord that can interfere with the productivity of employees and/or the proper conduct of SEOPW CRA business. By its discouragement of romantic and sexual relationships, the SEOPW CRA does not intend to inhibit the social interaction (such as lunches or dinners or attendance at entertainment events) that are or should be an important part or extension of the working environment; and the policy articulated above is not to be relied upon as justification or excuse for a supervisor's/manager's refusal to engage in such social interaction with employees. a. Definitions Close personal relationship - A close personal relationship includes dating, cohabitation, and/or having an intimate sexual relationship. Dating includes, but is not limited to, casual dating, serious dating, casual sexual involvement where the parties have no intention of carrying on a long-term relationship, cohabitation and any other conduct or behavior normally associated with romantic or sexual relationships. This definition applies regardless of the sexual orientation or gender of the employees involved. b. Reporting and Compliance 1. 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 also make the disclosure, but the burden of doing so shall be on the supervisor/manager. 2. Directors, managers, supervisors or other SEOPW CRA officials shall not recommend or advocate the appointment, employment, promotion or advancement in or to any position in the SEOPW CRA of any individual with whom they have a close personal relationship. 3. Directors, managers, supervisors or other SEOPW CRA officials are prohibited from having close personal relationships with their subordinate personnel. Any such existing relationship must be disclosed by both employees to the Executive Director and Human Resources so that immediate steps, such as transfer, voluntary resignation or dismissal from employment, can be taken to resolve conflict with this policy. 4. Individuals shall not be selected for any position in, or transfer to, the same unit or department where they have a close personal relationship with an employee who serves as in a supervisory capacity. 44 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 5. Non -managerial or supervisory employees within a department are also discouraged from having close personal relationships with co-workers. All such relationships must be disclosed by both employees to the Department Director and may result in requiring that the employee's work different shifts; that one employee be transferred to a different department; that one employee be assigned to another facility, squad, division, or work unit; or other action determined to be appropriate by the SEOPW CRA. 6. Upon being informed or learning of the existence of such a relationship, the SEOPW 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. 7 In addition, to enable the SEOPW CRA to deal effectively with any potentially adverse consequences such a relationship may have for the working environment, any employee who believes that they have been adversely affected by such a relationship, notwithstanding its disclosure, should make their view about the matter known to the Executive Director. 8. 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. 9. Failure to disclose the relationship's existence, in accordance with this policy, may lead to disciplinary action up to and including termination. c. Employee Conduct 1. During working time and in working areas, employees are expected to conduct themselves in an appropriate workplace manner that does not interfere with others or with overall productivity. 2. During non -working time, such as lunches, breaks, and before and after work periods, employees engaging in personal exchanges in nonwork areas should observe an appropriate workplace manner to avoid offending other workers or putting others in an uncomfortable position. 3. Employees are strictly prohibited from engaging in physical contact that would in any way be deemed inappropriate in the workplace by a reasonable person while anywhere on SEOPW CRA premises, whether during working hours or not. 4. Employees who allow their personal relationships with co-workers to adversely affect the work environment will be subject to disciplinary action as determined by the Executive Director. Failure to maintain expected work responsibilities and office decorum is viewed as a serious disciplinary matter. 45 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 5. Employee off -duty conduct is generally regarded as private, if such conduct does not create problems within the workplace. An exception to this principle, however, is romantic or sexual relationships between directors, supervisors or managers and their subordinates (direct or indirect). 6. When a conflict -of -interest or potential risk is identified due to a company official's relationship with a co-worker, the SEOPW CRA will work with the parties involved to consider options for resolving the problem. The initial solution may be to make sure the parties no longer work together on matters where one is able to influence the other or act for the other. Matters such as hiring, firing, promotions, performance management, compensation decisions and financial transactions are examples of situations that may require reallocation of duties to avoid any actual or perceived reward or disadvantage. In some cases, other measures may be necessary, such as the transfer of one or both parties to other positions and departments within the SEOPW CRA. If one or both parties refuse to accept a reasonable solution to the conflict of interest, such refusal will be deemed a voluntary resignation. 7 Failure to cooperate with the SEOPW CRA to resolve a conflict or problem caused by a romantic or sexual relationship between co-workers or among managers, supervisors or others in positions of authority in a mutually agreeable fashion may be deemed insubordination and result in disciplinary action up to and including termination. 8. The provisions of this policy apply regardless of the sexual orientation of the parties involved. 9. Where doubts exist as to the specific meaning of the terms used above, employees should make judgments based on the overall spirit and intent of this policy. 10. Any concerns about the administration of this policy should be addressed to the Finance Department or the Executive Director. d. Violations of this Policy Any employee found to be in violation of this policy is subject to disciplinary action up to and including termination depending on the circumstances. An individual who is employed, promoted or advanced as the result of a director's, manager's or supervisor's violation of this policy shall, at a minimum, be returned to the status occupied prior to the violation. Should an employee not accept an offer to transfer to another division or department, as applicable, the employee may be dismissed. It shall be within the sole discretion of the Executive Director to determine which employee to dismiss based on the underlying circumstances and in the best interests of the SEOPW CRA. 7. VIOLENCE IN THE WORKPLACE The SEOPW 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 Executive Director or designee. All complaints will be fully investigated. 46 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT The SEOPW 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 SEOPW 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 handguns, stun guns, knives, mace, pellet guns, rifles, batons and blackjacks. 8. ACCIDENTS AND EMERGENCIES Maintaining a safe work environment requires the continuous cooperation of all employees. The SEOPW CRA strongly encourages employees to communicate with fellow employees and their supervisor regarding safety issues. All employees will be provided with care, first -aid and emergency service, as required, for injuries or illnesses while on SEOPW CRA premises. Employees should contact their supervisor, the nearest supervisor, and/or 911 in an accident or emergency. If an employee is injured on the job, the SEOPW 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 will notify the Finance Department of the incident. Failure to report accidents is a serious matter as it may preclude an employee's coverage under Worker's Compensation Insurance. 9. OPEN DOOR POLICY The SEOPW CRA promotes an atmosphere whereby employees can talk freely with members of management. Employees are encouraged to openly discuss any problems with their supervisor so appropriate action may be taken. If the supervisor cannot be of assistance, the Executive Director is available for consultation and guidance. The SEOPW CRA is interested in 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. 10. USE OF BULLETIN BOARDS Bulletin boards maintained by the SEOPW CRA are to be used only for posting or distributing material of the following nature: • notices containing matters directly concerning SEOPW 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. 11. COMPUTER AND TELEPHONE SYSTEMS POLICY 47 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 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 SEOPW 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 Finance Department. The SEOPW CRA has provided the Computer and Telephone Systems for use in conducting the SEOPW CRA's business. All communications and information transmitted by, received from, or stored in these systems are records and property of SEOPW CRA. The Computer and Telephone Systems are to be used for the SEOPW 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 to personal privacy in any matter stored in, created, received, or sent over the Computer and Telephone Systems. The SEOPW 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 SEOPW 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 SEOPW 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 SEOPW 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 diminish SEOPW 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 SEOPW CRA as files may need to be accessed in an employee's absence or for any other reason that the Executive Director deems appropriate. b. Professional Use of Computer and Telephone Systems Required The SEOPW CRA's policies against discrimination and harassment, sexual or otherwise, apply fully to its Computer and Telephone Systems, and any violation of those policies is grounds for discipline up to and including discharge. Therefore, no e-mail messages should be created, sent, or received if they contain intimidating, hostile, or offensive material concerning race, color, religion, gender/sex, age, national origin, disability, genetic information, pregnancy, sexual orientation, marital status, or any other classification protected by law. Similarly, fraudulent material, 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 status or other characteristic protected by law) may not be downloaded from the Internet or displayed or stored in the SEOPW CRA's computers. Employees encountering or receiving this kind of material should immediately report the incident to the Executive Director or designee. The SEOPW CRA may (but is not required) use software to identify inappropriate or sexually explicit Internet sites. Such sites may be blocked from access by the SEOPW CRA and/or the City of Miami's networks. Notwithstanding the foregoing, the SEOPW CRA is not responsible for material viewed or 48 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 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 SEOPW 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 SEOPW CRA's counsel, through the Executive Director. Employees are reminded to be courteous to other system users and always to behave professionally. E- mails and texts are sometimes misdirected or forwarded and may be viewed by people 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 SEOPW CRA's letterhead. c. Limitations on Internet Use Although the SEOPW CRA recognizes that the Internet may have useful applications to the SEOPW 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 Executive Director or designee to act as an official representative of the SEOPW CRA, employees posting information must include a disclaimer in that information stating, "Views expressed by the author do not necessarily represent those of the SEOPW 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. d. Social Media/Blogging/Social Networking The SEOPW 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 SEOPW 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 SEOPW CRA's equipment or property. 49 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT • 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 their own blog, web page, social networking, twitter or similar site or on someone else's, if an employee mentions the SEOPW CRA and also expresses either a political opinion or an opinion regarding the SEOPW CRA's actions, the poster must include a disclaimer which specifically states that the opinion expressed is his/her personal opinion and not the SEOPW CRA's position. This is necessary to preserve SEOPW CRA's goodwill. • Be respectful of your potential readers and colleagues. Please do not use discriminatory comments, personal insults, libel or slander when commenting about the SEOPW CRA, your superiors, co- workers or the public. Please note that all SEOPW 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 SEOPW CRA's policies apply equally to employee blogging. The SEOPW CRA encourages all employees to keep in mind the speed and way information posted on a blog, web page, social networking, twitter or similar site can be relayed and often misunderstood by readers. While an employee's free time is generally not subject to any restrictions by the SEOPW CRA — except for the limited restrictions above — SEOPW CRA prohibits employees from posting information regarding the SEOPW CRA or their jobs which could embarrass or upset co-workers, or which could detrimentally affect the SEOPW CRA's business. Failure to abide by this may lead to disciplinary action, up to and including termination. 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 Files obtained from sources outside the SEOPW 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 SEOPW 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-SEOPW CRA source without first scanning the material with SEOPW CRA-approved virus checking software. If you suspect that a virus has been introduced into the SEOPW CRA's network, notify the City's IT Department immediately. f. Violations of Policy Any employee who discovers misuse of any of the Computer and Telephone Systems should immediately contact the Executive Director or designee. Violations of the SEOPW CRA's Computer and Telephone Systems policy may result in disciplinary action up to and including termination. The SEOPW CRA reserves the right to modify this policy at any time, with or without notice. Employees must sign the 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 the SEOPW CRA. 50 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 12. SOCIAL MEDIA POLICY At the SEOPW 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, the 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 SEOPW CRA. a. Guidelines In the rapidly expanding world of electronic communication, social media can mean many things. Social media includes all means of communicating or posting information or content of any sort on the Internet, including to your own or someone else's web log or blog, journal or diary, personal web site, social networking or affinity web site, web bulletin board or a chat room, whether or not associated or affiliated with Company, as well as any other form of electronic communication. The same principles and guidelines found in the SEOPW CRA's policies apply to your activities online. Ultimately, you are solely responsible for what you post online. Before creating online content, consider 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 the SEOPW CRA or the SEOPW 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 the SEOPW CRA's employee policies to ensure your postings are consistent with these policies. All the SEOPW CRA's policies apply to the use of social media regardless of whether the employee is engaged in social media during working time, on the SEOPW CRA's premises and/or through the employee's own equipment. Please remember that the SEOPW 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 the SEOPW 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. You must avoid using statements, photographs, video or audio that reasonably could be viewed as malicious, obscene, threatening or intimidating, that disparage the SEOPW 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 based on 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. 51 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 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 secrets, confidential proprietary or privileged information or attorney -client privileged information. Maintain the exempt status of records or documents deemed under Chapter 119, Florida Statutes. Employees are prohibited from creating a link from the employee's personal blog, website or other social networking site to the SEOPW CRA's website unless they received written approval from the Executive Director. Express only your personal opinions. You may not post anything in the name of SEOPW CRA or in a manner that could be attributed to the SEOPW CRA without prior written authorization. Without authorization, you may never represent yourself as a spokesperson for the SEOPW CRA. If the SEOPW 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 SEOPW CRA, fellow employees, people or firms working on behalf of the SEOPW CRA, or members of the public. If you do publish a blog or post online that identifies you as an employee of the SEOPW CRA or where you would be easily identifiable as working for the SEOPW CRA, related to the work you do or subjects associated with the SEOPW CRA, make it clear that you are not speaking on behalf of the SEOPW 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 SEOPW CRA." f. Using Social Media at Work Refrain from using social media while on working time or on equipment provided by the SEOPW 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-SEOPW CRA provided equipment. Do not use SEOPW CRA email addresses to register on social networks, blogs or other online tools utilized for personal use. g. Retaliation is Prohibited The SEOPW 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 SEOPW CRA's labor and employment policies or treatment of employees. However, we suggest you bring such issues to the attention of your supervisor or another member of management for resolution. 13. USE OF COMPANY VEHICLES, EQUIPMENT AND COMPUTER SYSTEMS The SEOPW CRA provides any supplies, uniforms, equipment, automobiles and materials necessary for you to perform your job. These items are to be used solely for the SEOPW CRA's purposes. Employees are expected to exercise care in the use of SEOPW CRA equipment and property and use such property 52 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT only for authorized purposes. Loss, damages or theft of SEOPW CRA property should be reported at once. Negligence in the care and use of SEOPW CRA property may be considered grounds for discipline, up to and including termination. a. Use of Computer System It is the policy of the SEOPW 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 SEOPW 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 employees have private access or an entry code into the computer system. The SEOPW CRA reserves the right to monitor the use of its computer system. See also the Computer and Telephone Systems Policy. b. Use of Vehicles, Equipment and Maintenance Policy This policy provides uniform policies and procedures for SEOPW CRA employees who drive SEOPW CRA vehicles/equipment for business purposes. Employees who drive the SEOPW CRA vehicles are the most visible to the public therefore, the vehicle's appearance, condition and the manner of its use by employees should therefore always represent a favorable impression of the SEOPW CRA. i. VEHICLE/ EQUIPMENT ACCESS AND USAGE RESTRICTIONS a. Only employees authorized by the Executive Director or designee may operate SEOPW CRA vehicles or equipment. The use of SEOPW CRA vehicles for personal use is prohibited. Unless expressly authorized by the Executive Director or designee, unauthorized passengers are prohibited from riding or operating a SEOPW CRA vehicle. b. The SEOPW CRA limits vehicle or equipment use to official SEOPW CRA business use only. c. Passengers in SEOPW CRA vehicles will be confined to SEOPW CRA employees and persons on official business with an authorized employee. EXCEPTIONS: The Executive Director or designee is solely authorized to approve exceptions to the authorized to approve use of SEOPW CRA vehicles. d. AGE LIMIT: No person, employee or otherwise, who is under 18 years of age is permitted to operate a SEOPW CRA vehicle or equipment. ii. LICENSING All operators of SEOPW CRA vehicles must have in their immediate possession a valid driver's license, issued by the State of Florida, and appropriate for the type of vehicle being driven or operated. The Executive Director or designee will be responsible for distributing a valid insurance card and vehicle registration when a vehicle is checked out by a SEOPW CRA employee. These documents are to be kept with the vehicle as required by Florida law. In the event these documents are missing or expired, the employee must immediately notify the Executive Director or designee. 53 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT For any SEOPW CRA vehicle which is classified as a commercial motor vehicle, the operator must have in their immediate possession, a valid Commercial Driver's License (CDL) of the type and Class with all Endorsements that are required by law for the operation of that specific vehicle. EMPLOYEE CONDUCT AND REPORTING REQUIREMENTS A. EMPLOYEE ARREST NOTIFICATION SEOPW CRA employees who operate SEOPW CRA vehicles or equipment must immediately notify their supervisor and the Executive Director or designee in writing of any off -duty ticket(s), arrest(s), pending case(s), or conviction(s) related to the operation of a vehicle including, but not limited to the following offenses: 1. Driving while under the influence of alcohol or drugs ("DUI"); 2. Driving while suspended or revoked; 3. Reckless driving; 4. Leaving the scene of an accident -causing property damage or bodily injury; 5. Moving violations; 6. Unauthorized operation of a vehicle by a minor; 7. Vehicular homicide; or 8. Other offenses that the SEOPW CRA believes poses a danger in the safe operation of its vehicles/equipment. This reporting requirement includes any and all violations regardless of the ownership of the vehicle or the location in which the violation occurred. B. DRIVERS LICENSE VERIFICATION The immediate supervisor may request an employee provide proof of a valid driver's license (or CDL) from any employee before operating any SEOPW CRA vehicle. The Executive Director or designee is responsible for verifying the expiration date of the license, the class of the license, and ensuring that the license contains any endorsements which may be required for the operation of a specific SEOPW CRA vehicle. C. LICENSE SUSPENSION OR REVOCATION Operators of SEOPW CRA vehicle/equipment including those who hold a driver's license, or CDL, must notify their immediate supervisor and the Executive Director or designee in writing the next business day following a suspension, revocation, cancellation, or other disqualification from driving any motor vehicle. Further, if driving is considered a minimum requirement of the job, and the license is suspended, canceled, revoked, or otherwise restricted to affect job performance the employee must immediately notify, in writing their immediate supervisor and the Executive Director or designee. EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT D. DRUG AND ALCOHOL SCREENING Operators of any SEOPW CRA-owned or controlled vehicles are subject to related regulations promulgated by the United States Department of Transportation. E. OBTAINING AND MAINTAINING, UPGRADING LICENSES For those employees required by the SEOPW CRA to secure and maintain a valid CDL as a condition of employment, the Executive Director or designee may allow the use of SEOPW CRA vehicle or equipment on SEOPW CRA time as required for a CDL examination when the employee's duties include operating a SEOPW CRA vehicle or equipment. F. SMOKING, DRINKING, OR USE OF CONTROLLED SUBSTANCES No smoking, consumption of beverages or food products containing alcohol or controlled substances, or the use of any controlled substances while operating a SEOPW CRA-owned vehicle or equipment is strictly prohibited and may result in immediate termination of employment. G. ACCIDENT NOTIFICATION All accidents, no matter how minor or inconsequential or location must be immediately reported to the employee's supervisor and the Executive Director or designee. In addition, a SEOPW CRA accident reporting form must be completed and submitted within 24 hours. All accidents will be reviewed by the SEOPW CRA's designee investigator. The finding of the investigation will be submitted to the employee's immediate supervisor. Negligent or willful damage, waste or theft of SEOPW CRA property will be grounds for disciplinary action up to and including termination. H. VEHICLE INSPECTION 1. When an employee is assigned a vehicle/equipment, the employee is responsible for conducting an inspection (internal and external) of the vehicle prior to driving the vehicle and upon return of the vehicle to the SEOPW CRA at the end of his/her shift or assignment. The employee should immediately notify the Executive Director or designee of any damage to the vehicle. Failure to notify the SEOPW CRA of any damage to the vehicle may result in disciplinary action such as a loss of vehicle privileges or up to termination of employment. 2. When the employee observes any damage to the vehicle/equipment, the SEOPW CRA will be responsible for maintaining a log of the damage and determining the cause of the damage. The employee will also complete a SEOPW CRA Vehicle/Equipment Damage Report and submit it before his/her shift or workday ends. EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 3. The Executive Director or designee will conduct weekly inspections during every Preventative Maintenance Service on all vehicles/equipment. 4. Employees will inspect the passenger compartment of their assigned vehicle/equipment at both the beginning and the end of their shift or assignment to ensure no waste debris or other materials are left inside the vehicle. 5. The employee's supervisor will conduct a formal inspection once a month. The employee will be responsible for forwarding the results of the vehicle/equipment inspection to the Executive Director or designee upon request. 6. When the supervisor observes any damage to said vehicle/equipment which is otherwise unreported, they will initiate a comprehensive investigation with documentation to include photographs. This report will be forwarded to the Executive Director or designee. The supervisor will log the damage, case number, and date in the vehicle damage log, which is maintained by the Executive Director or designee. iv. VEHICLE MAINTENANCE A. When an employee observes that a vehicle/equipment needs repairs, they shall immediately notify their supervisor. The employee will be instructed to prepare a Vehicle/Equipment Service Request Form. In addition, the supervisor will sign the employees Vehicle/Equipment Safety Inspection Form and provide it to the Executive Director or designee for approval and scheduling of the requested repair or maintenance. B. Should a vehicle/equipment become disabled while being utilized by an employee, the Executive Director or designee and their supervisor will be notified. The vehicle should not be left unattended in an unsafe manner. The Executive Director or designee will then become responsible for the repair and/or the removal of the vehicle. C. Employees should not utilize non-SEOPW CRA approved towing or garage services without the approval of the Executive Director or designee. Prior to leaving a vehicle/equipment, the employee should ensure that all of his/her personal belongings are secure. If a flat tire occurs outside of SEOPW CRA limits, the employee should contact his/her supervisor for further direction on the course of action to be taken. The supervisor will coordinate with the Executive Director or designee the vehicle's repair. D. Employees shall be responsible for the general maintenance and proper care of their assigned vehicle and shall not: • Make minor adjustments to or perform maintenance on the vehicle/equipment unless approved by the Executive Director or designee. 56 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT • Alter the body, general design, appearance, marking, mechanical or electrical system. • Drill holes in the interior or exterior of the vehicle. • Affix any unauthorized stickers or signs to the vehicle/equipment. • Attach any additional equipment or make modifications to the vehicle/equipment unless first approved by the Executive Director or designee. E. Any modifications to the vehicle/equipment will be performed by an approved service provider and only after the request is properly submitted by the employee and approved by the Executive Director or designee. This approval shall be requested in writing to Executive Director and shall contain the following information: (1) The type of modification or additional equipment desired; and (2) The reason or justification for the additional equipment or modification. The exact type of equipment/accessory to the installed. All approved additional equipment or accessories shall be purchased and maintained by the SEOPW CRA. An approved service provider will perform the installation and/or modification. F. Properly maintained vehicles have a longer life span. Therefore, proper vehicle/equipment maintenance is important. All vehicles of the SEOPW CRA shall be maintained according to a maintenance schedule as required by the manufacturer. All preventative maintenance shall be scheduled by the Executive Director or designee. The SEOPW CRA will be responsible for conducting inspections on a quarterly basis and for all expenses related to the maintenance of its vehicles. v. VEHICLE OPERATION A. Any employee operating a SEOPW CRA vehicle/equipment is responsible for the care and maintenance of such equipment. Employees shall check fluid levels, lighting, tires (conditions and pressure) prior to operating the vehicle. B. While on duty, operators of SEOPW CRA vehicles and equipment shall obey all traffic laws. This policy prohibits employees from driving under the influence of drugs or alcohol. Any employee prescribed medication under a doctor's orders should immediately notify their supervisor if the drug(s) affect their driving ability. C. SEAT BELTS MUST BE WORN AT ALL TIMES. It is mandatory that seat belts be used by all employees/occupants of a SEOPW CRA vehicle, at all times, without exception. It is the driver's responsibility to ensure that all occupants fasten their seat belts prior to operating the vehicle. Any malfunctioning seat belt should be reported to the employee's immediate supervisor and the Executive Director or designee and arranged to be repaired by an approved service provider for repair or 57 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT replaced immediately. The SEOPW CRA reserves the right to revoke the driving privilege of any driver not complying with this policy. D. SEOPW CRA vehicles shall not be parked illegally or in such a manner as to interfere with the free movement of traffic. When a SEOPW CRA vehicle is left unattended, it shall be properly secured by removing the keys and locking all doors and windows. All required safety devices such as cones, flares or warning triangles shall be used when vehicle is unattended blocking traffic. E. When turning a vehicle in at the end of the day, the operator shall make sure that the vehicle/equipment is clean, fueled, and ready for use by another employee. F. At the end of the day or assignment, the employee must return the vehicle promptly to the designated parking location and turn in the keys to the designated custodian. When a vehicle/equipment must be left at a location other than the designated SEOPW CRA location, the employee will secure the vehicle/equipment and notify his/her supervisor and the Executive Director or designee of the location of the vehicle and the reason the vehicle was left unattended. G. An employee may not use a vehicle for longer than required by the work assignment for which it was obtained. H. An employee may obtain fuel using a SEOPW CRA approved fuel card unless specifically authorized by the Executive Director or designee to do otherwise. L The employee should plan trips to conserve fuel consumption. vi. DAMAGED OR STOLEN VEHICLE/EQUIPMENT A. If an SEOPW CRA vehicle/equipment is damaged or stolen while in the possession of an employee, the employee must immediately report the theft or damage to the (1) City of Miami Police Department or the appropriate police department if authorized for use outside of the SEOPW CRA boundaries, (2) your immediate supervisor and (3) the Executive Director or designee. The employee must obtain a copy of the police report filed or the case incident report number. The employee must provide a copy of the report or case report number to the Executive Director or designee and your supervisor within 24 hours. The employee should also maintain a copy of the report for your records. B. In cases of damage to a SEOPW CRA vehicle, regardless of severity, the employee shall immediately notify their direct supervisor. vii. FAILURE TO COMPLY AND DISCIPLINARY ACTIONS EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT A. The use of a SEOPW CRA vehicle or equipment is a privilege and a benefit and not an automatic right. Failure to comply with any portion of the SEOPW CRA vehicle/equipment use policy may result in disciplinary action. B. The Executive Director has the sole authority to decide the appropriate disciplinary actions for violation(s) of this policy. Disciplinary actions imposed may start with a written warning for minor first offenses. Additional violations may result in suspension and/or permanent removal up to and including termination from use of a SEOPW CRA vehicle. In addition, disciplinary action, up to and including termination, may be taken against an employee as indicated in the employee personnel rules. C. The methodology used to identify the responsible party for found damage will be based on the last employee who accessed the vehicle or equipment, especially in the absence of missing documentation. c. Telephone Use Because a large percentage of our business is conducted over the phone, it is essential to project a professional telephone manner. Although the SEOPW 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 SEOPW CRA telephones without prior approval from the employee's supervisor. 14. INTERNAL INVESTIGATIONS AND SEARCHES From time to time, SEOPW CRA may conduct internal investigations pertaining to security, auditing or work -related matters. Employees must cooperate fully with and assist in these investigations if requested. Whenever necessary, in the SEOPW CRA's discretion, work areas (i.e., desks, file cabinets, etc.) and personal belongings (i.e., briefcases, handbags, clothing (including pockets), etc.) may be subject to a search without notice. Employees are required to cooperate. The SEOPW CRA will generally try to obtain an employee's consent before conducting a search of work areas or personal belongings but may not always be able to do so. Employees should expect no right to privacy. 15. REFERENCE CHECKS To ensure that individuals who join the SEOPW CRA are well -qualified and have a strong potential to be productive and successful, it is the policy of the SEOPW 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, they should refer the request to the Executive Director, or designee for handling. No SEOPW 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 SEOPW CRA employee release any information about any current or former SEOPW CRA employee over the telephone. All telephone inquiries regarding any current or former employee of SEOPW CRA must be referred to the Executive Director or designee. 59 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 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. 16. SMOKING POLICY To comply with government regulations, the SEOPW 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 their rights under the smoking policy. Any violation of this policy should be immediately reported to the Executive Director or designee. A violation of this policy may result in appropriate corrective action, up to and including suspension without pay and termination. 17. TAPE RECORDING POLICY It is a violation of the SEOPW 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. This policy's purpose is to comply with the law and eliminate a chilling effect on the expression of views that may exist when one person is concerned that their conversation with another is being secretly recorded without their consent. This concern can inhibit spontaneous and honest dialogue especially when sensitive or confidential matters are being discussed between the parties. Violation of this policy will result in disciplinary action, up to and including suspension without pay and immediate termination. 18. 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 SEOPW CRA expects employees traveling on SEOPW CRA business to stay at a reasonably priced hotel that is convenient to the place where business will be transacted. The SEOPW CRA shall only reimburse expenses incurred at the hotel for room rate, applicable taxes, hotel parking and meals based upon the SEOPW CRA's per diem rate. G. DISCIPLINE POLICY 1. GENERALLY Policies and procedures are necessary guidelines to provide fair and equitable treatment of each employee. In addition, these guidelines serve as the basis for a fair relationship between the employee and the SEOPW CRA. It is necessary that these guidelines be applied consistently to each employee. Only then can SEOPW CRA establish confidence that each employee will be treated consistently according to the administrative and operational guidelines. It is the responsibility of each officer, manager, supervisor and employee to contribute fully toward the achievement of this objective. Violations of any of the established policies and procedures may result in disciplinary action up to and including suspension without pay and termination. The disciplinary action is contingent on the facts and circumstances of the individual situation. 60 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT The following employee actions are not all inclusive but, by way of illustration only, are some of the events which could result in discipline. Thus, the Executive Director may establish additional rules and regulations necessary for the orderly fulfillment of your responsibilities. These also must be followed. Other actions may also result in discipline including discharge. It should be noted that SEOPW CRA and each employee recognize that the employment relationship is for an indefinite period and may be terminated by either party at will. By providing this non -exhaustive list, SEOPW CRA in no way restricts its right to terminate employment, nor alters the at -will employment relationship. • Insubordination, refusal or inability to comply with reasonable instructions of supervisors or department heads. • Refusal to comply with the SEOPW CRA's rules, policies or procedures or a violation of any of SEOPW CRA's rules, policies or procedures. • Poor job performance, including unsatisfactory attitude that detracts from job performance or the efficient operation of the SEOPW CRA. • Violation of the Non -Discrimination and Anti -Harassment Policy. • Failure to report for duty without a bona fide excuse and proper notification to your supervisor. • Failure to comply with established safety and health rules and safe work procedures or engaging in any conduct that creates a safety hazard. • Failure to meet performance standards. • Failure to follow grooming and appearance standards. • Failure to report a workplace accident immediately. If you are injured on the job, you must immediately report this to your supervisor or the Executive Director or designee. • Falsely stating claims of injury. • Disorderly conduct on SEOPW CRA premises including violence, fighting, horseplay or other action that endangers others or SEOPW CRA property or employees. • Offensive or disruptive behavior, including threatening employees, using abusive or vulgar language, interfering with others in the performance of their duties, or acting in an immoral or indecent manner on SEOPW CRA property or while off SEOPW CRA premises in performance of SEOPW CRA-related duties. • Destruction, misuse, theft or removal of SEOPW CRA property, another employee's property, or property of a member of the public. • Unauthorized disclosure, discussion, removal or use of the SEOPW CRA's confidential information, or other proprietary information (including information contained in personnel records). • Refusal to allow security checks and package inspections. 61 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT • Reading books, magazines, or newspapers while on duty is unrelated to an employee's duties and responsibilities. • Loitering, loafing or sleeping on duty. • Neglect of duty. • Smoking on SEOPW CRA premises. • Bringing, consuming, possessing, providing, selling and/or transferring illegal drugs on SEOPW CRA property or while on duty and/or reporting for duty under the influence of alcohol and/or illegal drugs or abusing prescription drugs, or otherwise violating the Drug Free Workplace Policy. • Dishonesty includes intentionally not providing full and truthful information when requested. • Gambling on SEOPW CRA premises. • Bringing, discharging, and/or possessing unauthorized firearms or other weapons in SEOPW CRA buildings, having it on your person in the performance of SEOPW CRA duties. • Giving or taking a bribe of any nature. • Being arrested and/or convicted of any crime which SEOPW CRA believes is detrimental to SEOPW CRA and/or its other employees, committing a felony. • Misappropriation of SEOPW CRA funds or failure to manage funds in accordance with SEOPW CRA guidelines. • Irregular attendance includes excessive absenteeism, tardiness and/or unexcused absences. • Violations of the Time Records Policy, including deliberate omission or falsification of information on employment application, time sheets, production or other SEOPW CRA records. • Violation of the Company's Conflict of Interest/Outside Employment Policy and/or Confidentiality Policy. • Leaving your workstation or work without authorization or being in an unauthorized work area during your scheduled work period or on your days off, without specific authorization. • Interfering with or hindering work schedules; failing to work on a scheduled shift. • Failure to report to work after the expiration of a leave -of -absence or temporary layoff • Disloyalty to SEOPW CRA, including but not limited to, slandering or disparaging the SEOPW CRA, its officers and/or employees, or acting in such a manner that could damage SEOPW CRA's reputation. • Gross negligence in the perfoiilance of duties. 62 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT • Failure to wear assigned uniform, if assigned. • Discourteous or inappropriate conduct with members of the public. • Any conduct that in the opinion of the Executive Director requires disciplinary action. In the event of dismissal for misconduct, all benefits will terminate at the end of the month. COBRA may not be available to anyone dismissed from the SEOPW CRA for gross misconduct. 2. TYPES OF DISCIPLINE All employees are expected to meet SEOPW CRA's standards of work performance. Assessing an employee's work performance encompasses reviewing many considerations such as attendance, punctuality, personal conduct, job proficiency and general compliance with the SEOPW CRA's policies and procedures. If an employee does not meet these standards, the SEOPW CRA may, under appropriate circumstances and in its sole discretion, take corrective action, other than immediate dismissal. However, this policy does not alter the "at -will" employment relationship, nor does it require that the employer adhere to any progressive discipline. The form of discipline described herein, and the order presented in this policy are not meant to establish or create a progressive discipline policy. The intent of corrective action is to formally document problems while providing the employee with a reasonable time within which to improve performance. The process is designed to encourage development by providing employees with guidance in areas that need improvement such as poor work performance, attendance problems, personal conduct, general compliance with the SEOPW CRA's policies and procedures and/or other disciplinary problems. Disciplinary action received by an employee will be considered in the employee's evaluation and any decisions regarding pay increases, promotions or transfers. a. Verbal Warnings The supervisor should discuss the problem with the employee in the presence of a supervisor. This should clearly identify the problem and outline a course of corrective action within a specific time frame. The employee should clearly understand both the corrective action and the consequence (i.e., termination) if the problem is not corrected or recurs. The supervisor should document the verbal counseling session and include any additional comments of their own and sign it. A record of the discussion should be placed in the employee's personnel file. b. Written Warnings The supervisor should discuss the problem and present a written warning to the employee in the presence of a supervisor. This should clearly identify the problem and outline a course of corrective action within a specific time frame. The employee should clearly understand both the corrective action and the consequence (i.e., termination) if the problem is not corrected or recurs. The employee should acknowledge receipt of the warning and include any additional comments of their own before signing it. A record of the discussion and the employee's comments should be placed in the employee's personnel file. 63 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT c. Suspensions Without Pay Employees may be suspended from employment without pay for violations of SEOPW CRA policy. Employees suspended for disciplinary reasons are not eligible for salary increases, bonus awards, promotions or transfers for 1 year thereafter. In the event, the employee is cleared of any wrongdoing, the employee shall be eligible for reimbursement of any lost pay and benefits occurring during the term of the suspension. d. Termination Any employee whose conduct, actions or performance violates or conflicts with the SEOPW CRA's policies may be terminated immediately and without warning. H. LEAVING THE SEOPW CRA 1. RESIGNATION When an employee decides to leave for any reason, their supervisor and the Executive Director would like the opportunity to discuss the resignation before final action is taken. During this conversation, the SEOPW CRA often finds that another alternative may be better. If, however, after full consideration, the employee decides to leave, it is requested that the employee provide the SEOPW CRA with a written two -week advance notice period (remember that personal time off days or personal days may not be used during the two -week notice period). The SEOPW CRA will only compensate employees for unused personal time off in accordance with the personal time off cash out provisions in this Handbook. If, as sometimes happens, the employee's supervisor wishes for the employee to leave prior to the end of the employee's two -weeks' notice, the employee may be paid for the remainder of that period. 2. TERMINATION Every SEOPW CRA employee has the status of "employee -at -will," meaning that no one has a contractual right, express or implied, to remain in the SEOPW CRA's employment. SEOPW 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 SEOPW 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 employment with the SEOPW CRA, the termination shall be effective immediately upon notice to the employee. The employee will be permitted to gather personal belongings under the supervision of the Executive Director or designee. 3. POST RESIGNATION/TERMINATION PROCEDURES a. Exit Interview The Executive Director or designee is responsible for scheduling an exit interview with an employee who is separating from the SEOPW CRA and for arranging the return of SEOPW CRA property including: • Identification cards, including business cards • Office keys • Handbooks, and other manuals • Any SEOPW CRA branded items, such as shirts or uniforms 64 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT • Any additional SEOPW CRA-owned or issued property Employees may choose the continuation or waiver of comprehensive medical coverage and dental coverage under COBRA. Specific information will be provided at the exit interview. b. Benefits Benefits (e.g., life, medical and dental) end on your last day of employment, or on the last day of the month in which your last day of employment falls for medical/dental benefits. An employee, unless dismissed for gross misconduct, has the option to convert to individual life insurance, and/or to continue medical/dental benefits in accordance with The Consolidated Omnibus Budget Reconciliation Act ("COBRA") regulations. c. Final Paycheck The final paycheck will be mailed during the next normal pay period. If there are unpaid obligations to the SEOPW CRA, the final paycheck will reflect the appropriate deductions, as allowed by law. 65 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT APPENDIX A ACKNOWLEDGEMENT OF RECEIPT OF EMPLOYEE HANDBOOK I, , acknowledge that I have received a copy of the SEOPW 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 SEOPW CRA is an "at will" employer and as such employment with the SEOPW 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 SEOPW CRA (except the Executive Director, with the approval of the SEOPW CRA Board) has the authority to enter into any agreement for employment for any specified period, or to make any agreement contrary to the above. In addition, I understand that this handbook states the SEOPW 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 SEOPW 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. I further agree that if I continue my employment with the SEOPW CRA following any modification to the Handbook, I thereby accept and agree to such changes. All such changes will generally be communicated through official notices. Finally, by signing and dating this Acknowledgement of Receipt, I confirm that I have received and reviewed a copy of the SEOPW CRA's Employee Handbook. I understand that I am expected to read the entire Handbook and that this form will be retained in my personnel file. Date: Signature: Print Name: 66 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT APPENDIX B ACKNOWLEDGEMENT OF NON-DISCRIMINATION & ANTI -HARASSMENT POLICY AND COMPLAINT PROCEDURE I, , acknowledge that I have received and read the SEOPW CRA's Non -Discrimination and Anti -Harassment Policy and Complaint Procedure outlined in this handbook. I agree to abide by these policies and understand that I must immediately report any conduct that is in violation of this policy to my supervisor or the Executive Director. I agree that if there is any provision of the policy that I do not understand, I will seek clarification from the Executive Director or designee. By signing and dating this Acknowledgement of Receipt, I confirm that I have received and reviewed a copy of the SEOPW CRA's Employee Handbook. I understand that I am expected to read the entire Handbook and that this form will be retained in my personnel file. Date: Signature: Print Name: 67 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT APPENDIX C ACKNOWLEDGEMENT OF WORK HOURS AND LOCATION ASSIGNMENT I, , understand I will be responsible for adhering to the following work hours and responsibilities related to my position with the SEOPW CRA: Date: 1. My hours of work are from through from AM to PM. I understand that I may NOT unilaterally change my work hours. Any changes to my work hours (e.g. reporting, departure, lunch, breaks, overtime, etc.) may only be authorized by the Executive Director or designee. 2. I am assigned to work at the following location unless otherwise authorized by the Executive Director or designee. 3. I agree to abide by all SEOPW CRA policies and procedures regarding the reporting of my work hours including, but not limited to, check -in and check-out policies. 4. I understand that failure to adhere to my working hours and assignment location may result in disciplinary action including termination. Signature: Print Name: 68 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT I, APPENDIX D AUTHORIZATION FOR PAYROLL DEDUCTIONS , understand I will be responsible to reimburse the SEOPW 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 SEOPW CRA's insurance deductible, in the event that I am involved in an auto accident while operating a SEOPW CRA vehicle and determined to be at fault. 3. Damages incurred to the property of the SEOPW CRA or a member of the public due to my own negligence. 4. The value of any SEOPW CRA property due to my theft of the property or failure to return property. 5. Actual charges for any items charged to the SEOPW 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 SEOPW CRA at its cost. 7. The amount of any overpayment of any wages. I hereby authorize the SEOPW CRA to deduct from my paycheck, including my final paycheck, for any of the foregoing reasons. Also, I grant the SEOPW 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: 69 EXHIBIT "B" THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT APPENDIX E ACKNOWLEDGEMENT OF COMPUTER AND TELEPHONE SYSTEMS POLICY I, , acknowledge that I have received a copy of SEOPW 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 SEOPW 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 the SEOPW 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 SEOPW CRA's monitoring of 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: 70 SUBSTITUTED EXHIBIT "B" SOUTHEAST 0 ' ERTO WN /PARK WEST COMMUNITY ' DEVELOPMENT AGENCY LOYEE HANDBOOK Re sed: 2025 eated: 2004 SUBSTITUTED EXHIBIT "B" 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 i. Sexual Harassment ii. Harassment on the Basis of Other Protected Characteristics iii. Bullying 9 b. Individuals and Conduct Covered 9 c. Complaint Procedure 9 i. Reporting 9 ii. Investigation 10 iii. Responsive Action 10 d. Retaliation Is Prohibited 10 e. Miscellaneous 11 4. Americans with Disabilities Act Policy Statement 11 a. Procedure for Requesting on Accomm e. , ation 11 b. Miscellaneous 11 5. Pregnant Workers Fairness Act 11 6. Conflict of Interest and Outside Emplo ' -nt Statement 12 a. General 12 b. Outside Employment 12 c. Acceptance of Gifts 13 d. Prohibition on Political ctivities During Work Hours 13 e. Work Product Owner•. ip 13 f. Reporting Potentia onflicts 13 7. Public Records Requests 14 a. Generally 14 b. Fees 14 B. EMPLOYMENT 14 1. Initial Emplo . ent Period 14 2. Employee egories 15 a. F -Time 15 b. art -Time 15 c. Temporary Employees 15 3. Trsfers and Promotions 15 C. COMNSATION 16 1. Performance Management and Compensation Programs 16 Executive and Interim Executive Director's Basic Compensation. 17 Compensation Schedule 17 Time Records 17 a. Generally 17 b. Breaks 18 c. Violations of Policy 18 5. Overtime Pay 19 2 SUBSTITUTED EXHIBIT "B" a. Generally 19 b. Compensatory Time 19 c. Flexible Time 19 d. Violations of Policy 20 6. Personnel Records 20 7. Immigration Law Compliance 20 8. Deductions from Pay of Exempt Employees 20 a. Permissible Deductions 21 i. Absences for Personal Reasons ii. Absences for Illness, Disability or FMLA 21 iii. Jury Fees, Witness Fees, and Military Pay 21 iv. Suspensions 21 v. Absence during Initial or Terminal Weeks 21 b. Complaint Procedure 22 c. Anti -Retaliation 22 D. TIME OFF 22 1. Personal Time Off 22 a. Regular Employees 22 b. Requesting Use of Personal Time Off Ti . - 22 c. Rollover of Personal Time Off 23 d. Payout of Personal Time Off 23 2. Absence Due to Illness 24 3. Holidays 24 4. Bereavement Leave 25 5. Jury Duty 26 6. Military Leave 27 a. Leave without Loss of ' . y for Florida National Guard 27 b. Uniformed Services r ployment and Reemployment Act (USERRA) 27 i. Continu, on of Health Benefits 27 ii. Reque s for USERRA Leave 27 iii. Re from Military Leave 28 7. Leave Under The '.mily And Medical Leave Act (FMLA) 29 a. Employ - Eligibility Criteria 29 b. Even . ich May Entitle an Employee to FMLA Leave 29 c. Ot FMLA Leave — Military Caregiver Leave 29 d. .w Much FMLA Leave May be Taken 30 e. ' equests for FMLA Leave 31 f. Designation of the Leave 31 Required Documentation for FMLA Leave 32 Use of Paid and Unpaid Leave 33 Maintenance of Health Benefits 33 j. Return from FMLA Leave 33 k. Limitations on Reinstatement 33 1. Failure to Return to Work Following FMLA Leave 33 Maternity/Paid Parental Leave 33 Leave of Absence Without Pay 36 a. Generally 36 b. Continuing Benefit Plan Coverage 36 c. Salary Action 36 3 SUBSTITUTED EXHIBIT "B" E. d. Personal Time Off and Sick Time 36 e. Performance Appraisal 36 f. Returning/Not Returning from a Leave 36 10. Domestic Violence Leave Policy 37 EMPLOYEE BENEFITS 38 1. Disclaimer 38 2. Health and Dental Insurance 39 3. 401 Plan/457 Plan 4. Workers' Compensation Benefits 39 5. Tuition Reimbursement 40 F. ON-THE-JOB 40 1. Attendance, Punctuality and Dependability 40 2. Remote Work Policy 40 42 42 43 43 46 46 46 47 47 47 48 3. Drug and Alcohol Abuse 4. Appearance and Conduct 5. Anti -Nepotism Policy 6. Non -Fraternization Policy 7. Violence in the Workplace 8. Accidents and Emergencies 9. Open Door Policy 10. Use of Bulletin Boards 11. Computer and Telephone Systems Polic a. No Expectation of Privacy b. Professional Use of Compu and Telephone Systems Required c. Limitations on Internet se d. Social Media/Bloggi ► /Social Networking e. Maintain and Sec g the Systems f. Violations of Po y 12. Social Media Policy a. Guidelines b. Know an. ollow the Rules c. Be Res . ctful d. Be H. est and Accurate e. Ex ise Care in Posting f. ng Social Media at Work g. ' etaliation is Prohibited h. Scope of this Policy 13. Us of Company Vehicles, Equipment and Computer Systems Use of Computer System Use of Vehicles, Equipment and Maintenance c. Telephone Use Internal Investigations and Searches Reference Checks 16. Smoking Policy 17. Tape Recording Policy 18. Travel Reimbursement 48 49 50 50 50 50 50 51 51 51 52 52 52 52 52 52 58 58 59 59 59 59 DISCIPLINARY POLICY 60 4 SUBSTITUTED EXHIBIT "B" 1. Generally 2. Types of Discipline a. Verbal Warnings b. Written Warnings b. Suspensions without Pay c. Terminations 60 62 63 63 63 63 H. LEAVING THE SEOPW CRA 63 1. Resignation 2. Termination 64 3. Post Resignation/Termination Procedures 64 a. Exit Interview 64 b. Benefits 64 c. Final Paycheck 64 APPENDICES A. Acknowledgement of Receipt for Employee Handbook 65 B. Acknowledgement of Non -Discrimination & Anti -Ha -. ssment 66 Policy and Complaint Procedure C. Acknowledgement of Work Hours and Location signment 67 D. Authorization for Payroll Deductions 68 E. Acknowledge of Computer and Telephone S .tems Policy 69 5 SUBSTITUTED EXHIBIT "B" FOREWORD The Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA") is a pu• c agency created pursuant to Chapter 163, Florida Statutes, and is responsible for carrying out comm ity redevelopment activities and projects throughout the Southeast Overtown/Park West RedevelopmeArea in accordance with the SEOPW CRA's Redevelopment Plan ("Plan"). Whether you have just joined our staff or have been at the SEOPW CRA for a while, we are ' •nfident that you will find the SEOPW CRA a dynamic and rewarding place to work and we look forwar► o a productive and successful association. We consider the employees of the SEOPW CRA to be one o ' is most valuable resources. This manual has been written to serve as a guide for the employer/employ: relationship. Several things are important to keep in mind about this handbook. First, it contain ,nly general information and guidelines. It is not intended to be comprehensive or address all the ► •ssible applications of or exceptions to the general policies and procedures described. For that real• , if you have any questions concerning eligibility for a particular benefit or the applicability of a polic or practice to you, you should address your questions to the Executive Director or designee. Neith this handbook nor any other SEOPW CRA document confers any contractual right, express or ' plied, to remain in the SEOPW CRA's employ. Nor does it guarantee any fixed terms and CO t itions of your employment. Your employment is not for any specific time and may be termina • d at will, with or without cause and without prior notice, by the SEOPW CRA or by you at any e. No supervisor or other representative of the SEOPW CRA (except the Executive Director) has t► authority to enter into any agreement for employment for any specified period, or to make any agree ent contrary to the above. Second, the procedures, practices, policies, and benef •. described here may be modified or discontinued, at any time by the Executive Director. We will i '•rm you of any changes that occur. Moreover, the SEOPW CRA reserves the right to issue policie and procedures on specific topics separate from this handbook. INTRODUCTION 1. COMPOSITION AND WO ' ENVIRONMENT The SEOPW CRA's Board of Co . missioners ("Board") serves as the governing body for the SEOPW CRA and appoints the Executiv• 'rector, as interim or acting, until a permanent appointment is made, to manage the SEOPW CRA's • ,erations. The Executive Director is empowered to: (1) assign and utilize SEOPW CRA resources in urtherance of the SEOPW CRA's goals and objectives; (2) hire, promote, assign, transfer, discipli , , and terminate staff; (3) implement the Board's policies and initiatives into action; and (4) organiz and delegate authority and responsibilities in furtherance of the SEOPW CRA's goals and objectives. The staff of the ' OPW CRA shall consist of full-time and/or part-time positions, as determined by the Executive Dir tor. Every employee is expected to be familiar with this handbook, the SEOPW CRA's Plan and of , studies and/or reports of the SEOPW CRA, as deemed necessary by the Executive Director. The SE, ' W CRA believes that the work conditions, wages, and benefits it offers to its employees are highl competitive with those offered by other similar employers. If employees have any concerns about wo conditions or compensation, they may voice these concerns directly to their supervisors or the ecutive Director. 6 SUBSTITUTED EXHIBIT "B" Our experience has shown that when employees deal directly with supervisors, the work environment is excellent, communications are clear, and attitudes are positive. The organization is committed t responding as effectively as possible to all employee concerns. Please note that this policy is not in place of the complaint procedures contained in the Non-Discri ation and Anti -Harassment Policy. Please see the Non -Discrimination and Anti -Harassment Policy further details. 2. EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT This organization is an equal opportunity employer and will not discriminate agai ► t any employee or applicant for employment based on race, color, gender/sex, pregnancy, religion, n. onal origin, ancestry, ethnicity, age, marital status, disability, sexual orientation, genetic information, s any other characteristic protected by federal, state, or local law(s). The SEOPW CRA will provide re. onable accommodation(s) to a qualified individual with a disability. This policy of Equal Employment Opportunity applies to all policies and and hiring, compensation, benefits, termination and all other terms Finance Department is responsible for administering this policy an procedures. Employees' questions or concerns should be referred disciplinary action may be taken against any employee wh including termination. ocedures relating to recruitment conditions of employment. The aintaining reporting and monitoring the Finance Department. Appropriate llfully violates this policy, up to and 3. NON-DISCRIMINATION & ANTI-H: ' SSMENT POLICY; COMPLAINT PROCEDURE The SEOPW CRA is committed to a work enviro • ent where all individuals are treated with respect and dignity. Every employee has the right to rk in a professional atmosphere that promotes equal employment opportunities and prohibits d riminatory practices, including bullying or harassment. Therefore, the SEOPW CRA expects all r• .tionships among persons in the workplace will be business- like and free of bias, prejudice, and haras• ent. This policy applies to all employees , d to non -employees who bully or harass others on company time or property. A confirmed complain of harassment will result in disciplinary action, up to and including termination. Additionally, this icy will be distributed to all current employees and posted in a prominent location in the workplace. , policy will also be distributed to new employees during orientation. The SEOPW CRA will ' omptly investigate complaints of bullying, harassment, or retaliation. Such investigations will be f and impartial. All SEOPW CRA employees must cooperate with investigations of workplace bullyin harassment, or retaliation. a. ' efinitions of Harassment Sexual Harassment. Sexual , . assment constitutes a form of discrimination and is illegal under federal, state and local laws. For t, purposes of this policy, sexual harassment is defined as unwelcome sexual advances, requests for se .1 favors, and other verbal or physical conduct of a sexual nature when for example: (i) submission to s h conduct is made either explicitly or implicitly a term or condition of an individual's employment; (ii) ubmission to or rejection of such conduct by an individual is used as the basis for employment decisions 7 SUBSTITUTED EXHIBIT "B" affecting such individual; or (iii) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. Sexual harassment may include a range of subtle and not -so -subtle behaviors and may involve indivi ' • als of the same or different gender. Depending on the circumstances, these behaviors may include but .• e not limited to unwanted sexual advances or requests for sexual favors; sexual jokes and innuendo; ve al abuse of a sexual nature; commentary about an individual's body, sexual prowess or sexual deficienc s; leering, catcalls or touching; insulting or obscene comments or gestures; display or circulation in the orkplace of sexually suggestive objects or pictures (including through e-mail); and other physical, rbal or visual conduct of a sexual nature. Sex -based harassment — harassment not involving sexual a• vity or language (e.g., male manager yells only at female employees and not males) may also consti e discrimination if it is severe or pervasive and directed at employees because of their sex. ii. Harassment based on Other Protected Characteristic. Harassment based on any other protected characteristic is also strictly rohibited. Under this policy, harassment is verbal or physical conduct that denigrates or shows hostili or aversion toward an individual because of their race, color, gender/sex, pregnancy, religion, national o r l in, ancestry, ethnicity, age, marital status, disability, sexual orientation, genetic information or any of characteristic protected by federal, state or local law(s) or that of their relatives, friends or associates . nd that: (i) has the purpose or effect of creating an intimidating, hostile or offensive work enviro . ent; (ii) has the purpose or effect of unreasonably interfering with an individual's work perform , ce; or (iii) otherwise adversely affects an individual's employment opportunities. Harassing conduct includes, but is not limited to ep ets, slurs, or negative stereotyping; threatening, intimidating or hostile acts; denigrating jokes and ' splay or circulation in the workplace of written or graphic material that denigrates or shows hostili or aversion toward an individual or group (including through e-mail). This policy should not, and may not, be use • . s a basis for excluding or separating individuals of a particular gender, or any other protected characteris , from participating in business or work -related social activities or discussions to avoid allegations of assment. The law and the policies of the SEOPW CRA prohibit disparate treatment based on sex or : y other protected characteristic with regard to terms, conditions, privileges and perquisites of em - oyment. The prohibitions against harassment, discrimination and retaliation are intended to comp ent and further these policies, not to form the basis of an exception to them. The SEOPW CRA is discrimination. Al CRA requires t including cow 1 mmitted to maintaining an environment free from bullying, which can be workplace mployees have a right to work in an environment free from bullying. The SEOPW all employees refrain from engaging in or exhibiting bullying behavior to anyone, ers, members of the public, vendors, or clients. Bullying cludes verbal or physical conduct that seeks to harm, intimidate, or coerce another person. Bullyin is not necessarily based on a person's membership in a protected category like race, sex, age, disab , or other legally protected characteristics. lying may be intentional or unintentional. However, it must be noted that when an allegation of bullying made, the intention of the alleged bully is irrelevant, and will not be given consideration when deciding 8 SUBSTITUTED EXHIBIT "B" on the appropriate disciplinary action to be taken. As with sexual harassment, it is the effect of the behavior on the individual that is important. The SEOPW CRA considers the following types of behavior as some examples of bullying: • Verbal bullying: Slandering, ridiculing, or maligning a person or their family; persis t name calling that is hurtful, insulting or humiliating; using a person as butt of jokes; abusive a.. offensive remarks. • Physical bullying: Pushing, shoving, kicking, poking, tripping, assault or th ' at of physical assault, damage to a person's work area or property. ■ Gesture bullying: Nonverbal threatening gestures; glances that can convey t. eatening messages. ■ Exclusion: Socially or physically excluding or disregarding a person in w. -related activities. b. Individuals and Conduct Covered These policies apply to all applicants and employees, and prohibit . assment, discrimination and retaliation whether engaged in by fellow employees, by a supervisor or ager or by someone not directly connected to the SEOPW CRA (e.g., an outside vendor, consultant, or ustomer). Conduct prohibited by these policies is unacceptable in the woplace and in any work -related setting outside the workplace, such as during business trips, business etings and business -related social events. c. Complaint Procedure i. Reporting. The SEOPW CRA requires reporting all incident of discrimination, bullying, harassment, or retaliation, regardless of the alleged offender's identity or s sition. Individuals who believe they have experienced conduct that they believe is contrary to the SE ' W CRA's policy or who have concerns about such matters must file their complaints with their imme► ate supervisor, Human Resources, or the Executive Director before the conduct becomes severe or ,ervasive. Individuals should not feel obligated to file their complaints with their immediate supe sor first before bringing the matter to the attention of one of the other SEOPW CRA designated repr- '-ntatives identified above. Early reporting and interventioave been the most effective method of resolving actual or perceived harassment. Therefore, while o fixed reporting period has been established, the SEOPW CRA requires the prompt reporting of com ' aints or concerns so that rapid and corrective action can be taken, if necessary. The SEOPW CRA will m - e every effort to stop alleged harassment before it becomes severe or pervasive but can only do so with e cooperation of its staff/employees. The availability o is complaint procedure does not preclude individuals who believe they are being subjected to haring conduct from promptly advising the offender that their behavior is unwelcome and requesting tha be discontinued. Any tho ii. The Investigation. ported allegations of harassment, discrimination or retaliation will be investigated promptly, ughly and impartially. The investigation may include individual interviews with the parties involved where necessary, with individuals who may have observed the alleged conduct or may have another elevant knowledge. 9 SUBSTITUTED EXHIBIT "B" Malicious or intentionally false allegations of discrimination, bullying or harassment may subject the individual engaging in the malicious or intentionally false allegations to disciplinary action, up to an including termination. The SEOPW CRA will make every attempt to maintain confidentiality throughout the investigatory to the extent consistent with conducting a thorough investigation and determining the appropriate action to be taken. The Executive Director shall forward any complaints to an independent t d conduct the investigation and issue recommendations. Responsive Action. ocess rrective party to Misconduct constituting harassment, discrimination, or retaliation will be ad., essed promptly and appropriately. Responsive action may include, for example, training, referral to seling, monitoring of the offender, and/or disciplinary action such as warning, reprimand, withholg of a promotion or pay increase, reduction of wages, demotion, reassignment, temporary susp= sion without payment, or termination. The responsive action will be as the SEOPW CRA bel es is appropriate under the circumstances. d. Retaliation is Prohibited The SEOPW CRA prohibits retaliation against anyone who m es a good faith report of discrimination, bullying, harassment, or participates in investigating such r. orts. Retaliation against an individual for reporting harassment or discrimination or for participating an investigation of a claim of harassment or discrimination is a serious violation of this policy and, e harassment or discrimination itself, will be subject to disciplinary action, up to and including to I nation. Retaliation includes but is not limited to employee discipline, discharge, further acts of discri mation, or other adverse actions when those acts are intended to punish an employee for reporting h. sment, opposing discrimination, or filing or assisting with a complaint to local, state, or federal antidi rimination agencies. e. Miscellaneous Individuals with questions or conce about this policy should speak with the Executive Director or designee. 4. AMERICANS WITH The SEOPW CRA is co Disabilities Act ("ADA" employee or applicant disability or perceiv Consistent with accommodations SEOPW CRA hardship on SABILITIES ACT POLICY STATEMENT fitted to complying with all applicable provisions of the Americans with It is the SEOPW CRA's policy not to discriminate against any qualified th regard to any terms or conditions of employment because of such individual's disability so long as the employee can perform the job' s essential functions. policy of nondiscrimination, the SEOPW CRA will provide reasonable o a qualified individual with a disability, as defined by the ADA, who has made the ware of their disability, provided that such accommodation does not constitute an undue e SEOPW CRA or pose a direct threat to the individual or others. 1S Employ s with a disability who believe they need reasonable accommodation to perform the essential funcf s of their job should contact the Executive Director or designee. The SEOPW CRA encourages ind duals with disabilities to come forward and request reasonable accommodation. 10 SUBSTITUTED EXHIBIT "B" a. Procedure for Requesting an Accommodation On receipt of an accommodation request, your supervisor and/or the Executive Director or designee 1 meet with you to discuss and identify the precise limitations resulting from the disability and the pot: tial accommodation that the SEOPW CRA might make to help overcome those limitations. Thi is an interactive process between the SEOPW CRA and the employee and may require the review ' certain medical records concerning the employee's disability and request for accommodation. The SEOPW CRA will determine the feasibility of the requested accommodation by co dering various factors, including, but not limited to, the nature and cost of the accommodation, the SEO' # CRA's overall financial resources and organization, and the accommodation's impact on the operon of the SEOPW CRA, including its impact on the ability of other employees to perform their duti . and on the SEOPW CRA's ability to conduct business. The SEOPW CRA will inform the employee of its decision on the accom decision shall be final. The ADA does not require the SEOPW C accommodation, to reallocate essential job functions, or to provide pe hearing aids, wheelchairs etc.). b. Miscellaneous dation request, which said to provide the best possible onal use items (i.e., eyeglasses, An employee or job applicant who has questions regarding t' s policy or believes that he or she has been discriminated against based on a disability should notify e Executive Director or designee. All such inquiries or complaints will be treated as confidential to e extent feasible and permissible by law. See also the Anti -Harassment and Non -Discrimination Pol above. 5. PREGNANT WORKERS FAIRNESS T POLICY The Pregnant Workers Fairness Act (PWFA) r• . uires covered employers to provide employees "reasonable accommodations" for a worker's known tporary limitations on their ability to perform the essential functions of their job based on a physicor mental condition related to pregnancy, childbirth, or related medical conditions unless the accomm► d ations will cause the employer an "undue hardship." a. Accommodation .' equest Procedure i. An employ: seeking accommodation must notify Human Resources in writing of the need for th• : ccommodation and the requested accommodation. ii. Upo, .tten receipt of the request, the SEOPW CRA will collaborate closely with the emp • ee through an interactive process to make a good faith effort to provide an ap opriate accommodation based on the employee's job responsibilities and the impact of accommodation to its business operations. iii. The SEOPW CRA will notify the employee in writing of their decision regarding the accommodation. 11 SUBSTITUTED EXHIBIT "B" 6. CONFLICT OF INTEREST AND OUTSIDE EMPLOYMENT STATEMENT a. In General The SEOPW CRA expects our employees to conduct business according to the highest ethical stan ds of conduct. Moreover, pursuant to Section 163.367(1), Florida Statutes, all employees are required • adhere to the requirements of Part III of Chapter 112, Florida Statutes, "Code of Ethics for Public • icers and Employees. Employees are expected to devote their best efforts to the interests of the SEOPW CRA. . usiness dealings that appear to create a conflict between the interests of the SEOPW CRA and an emplo e are unacceptable. The SEOPW CRA recognizes the right of employees to engage in private . ivities outside their employment. However, the employee must disclose any possible conflicts so th. the SEOPW CRA may assess and prevent potential conflicts of interest from arising. A potential o ' actual conflict of interest occurs whenever an employee can influence a decision that may result in a p sonal gain for the employee or an immediate family member (i.e., spouse, registered domestic pa ► r, significant other, children, parents or siblings) because of the SEOPW CRA's business dealings. Although it is not possible to specify every action that might creat= conflict of interest, this policy sets forth the ones which most frequently present problems. If an emp .yee has any question whether an action or proposed course of conduct would create a conflict of interest ey should contact the Executive Director to obtain advice on the issue. A violation of this policy will r=. It in immediate and appropriate discipline, up to and including termination. b. Outside Employment Employees may engage in lawful employme during their off -duty hours, but the SEOPW CRA may restrict or prohibit such employment it conflicts with the agency's interests, creates a conflict of interest, or negatively impa job performance. The Executive Director has the prerogative to object the outside emplo ent if the following grounds are established: 1. prevents the employ e from fully performing work for which he or she is employed at the SEOPW C , including overtime assignments; or 2. involves organi tions that are doing or seek to do business with the SEOPW CRA, including ac .1 or potential vendors or customers; or 3. violates pr isions of law or the SEOPW CRA's policies or rules. Therefore, all empl► ees must disclose to the SEOPW CRA when engaged in outside employment. c. cceptance of Gifts As a public o gency and an instrumentality of the State of Florida, Section 112.313(2), Florida Statutes, expressly rohibits SEOPW CRA employees from knowingly accepting, directly or indirectly, from any person, 'endor, company, firm or corporation doing business with the SEOPW CRA, or to which any purc e order or contract is or might be awarded, any rebate, gift, money, or anything of value whatsoever, ho - • ver, such a gift may be accepted by such a person on behalf of the SEOPW CRA. d. Prohibition on Political Activities During Work Hours 12 SUBSTITUTED EXHIBIT "B" While everyone is free to participate in the political process and to exercise their First Amendment rights in political campaigns, no SEOPW CRA employee may do so while on SEOPW CRA time or as part of their SEOPW CRA employment. That is, employees may not campaign for, visit, or aid candidates f elective office for political purposes during regular working hours, overtime, or during leave period or which the SEOPW CRA is compensating the employee (i.e., FMLA leave, personal time off -tc.). Additionally, employees may not use any SEOPW CRA facilities, supplies or equipment, i ' luding SEOPW CRA computers, telephones, or vehicles, for political purposes. Any employee fo • . to be in violation of this policy may be disciplined up to and including termination. e. Work Product Ownership All SEOPW CRA employees must be aware that the SEOPW CRA retains legal o of their work. No work product created while employed by the SEOPW CRA c or presented as property of the individual, even after employment by the SEOPW or the relevant project completed. This includes written and electronic recordings, system code, and any concepts, ideas, or other intellectual prop CRA, regardless of whether the SEOPW CRA uses the intellectual prope an employee to display and/or discuss a portion or the whole of cert certain situations (e.g., on a resume), one must bear in mind that info remain so even after the end of employment, and that supplying c information may constitute a conflict of interest. In any event product is the sole and exclusive property of the SEOPW C f. Reporting Potential Conflicts An employee must promptly disclose actual or potent Approval for the relationship will not be given interfere with the employee's duties or will not h the sole authority to determine whether a con 7. PUBLIC RECORDS REQUES rship of the product e claimed, construed, RA has been terminated cuments, audio and video developed for the SEOPW Although it is acceptable for work product as an example in ation classified as confidential must ain other entities with certain types of t must always be made clear that work conflicts of interest, in writing, to their supervisor. ss it can be determined that the relationship will not the SEOPW CRA. The Executive Director shall have t exists and if approval will be granted. Chapter 119, Florida Statutes, govern e disclosure of public records, which are defined as "all documents, papers, letters, maps, books, tapes, p otographs, films, sound recordings, data processing software, or other material, regardless of the phys al form, characteristics, or means of transmission, made or received pursuant to law or ordinance o connection with the transaction of official business by any agency." a. Generall Public records may reasonable conditio immediately noti receipt of the p required to p identity. recorded In the how re be spected and copied by any person desiring to do so, at any reasonable time, under and under supervision. Employees who have received a public records request must the Executive Director and the SEOPW CRA's counsel, who, in turn, will acknowledge lic records requests in a timely manner to the requesting party. A requesting party is not sent a written request for public records, nor is a requesting party required to disclose their the event of a verbal request, employees are required to ensure that they have accurately e request made, and forward the same to the Executive Director and the SEOPW CRA's counsel. ent a requesting party wishes to remain anonymous, an employee should ask the requesting party ey wish to be contacted concerning their request. This information should also be accurately rded. b. Fees 13 SUBSTITUTED EXHIBIT "B" Chapter 119, Florida Statutes provides for fees and costs to be assessed to a requesting party for the inspection and/or production of public records. The SEOPW CRA will notify the requesting party of a fees and/or costs prior to copying and/or producing the records. Employees should also be aware that not every record is considered a public record under Cha ' er 119, Florida Statutes. There are many statutory provisions which exempt certain records from disci, e to the public. Employees are not expected to know of every exemption; however, employees a required to notify the Executive Director and counsel so that they may evaluate whether an exempti is applicable prior to the inspection or production of the requested records. 8. SOLICITATION/DISTRIBUTION Solicitations of any type and/or distributions of pamphlets, handbills, flyers, fo rs, or other materials by an employee are not permitted on the SEOPW CRA's premises during those eriods of the day when the employee is engaged in performing their work tasks. For purposes of policy, "premises" includes digital/electronic locations as well as physical locations. Solicitations . d/or distributions, as described above, are not permitted at any time on the SEOPW CRA's premis•. ' ►y persons not employed by the SEOPW CRA. Distributions, as described above, are not permitted employees at any time in working areas. Employees may not post any notice or other literature on SE• CRA's property without prior approval of the Executive Director. Solicitation or distribution must not impede access premises, impede physical movement within the performed by the SEOPW CRA's employees and in .r out of the SEOPW CRA's buildings or other lding or premises, or interfere with work being lic officials. Any employee who observes a violation of thi •olicy must report it immediately to Human Resources. 1. INITIAL EMPLOYMEN ' ' ERIOD Every new employee goes thro their job. During this time, t their new position. Also, to evaluate their perfo EMPLOYMENT an initial adjustment period to learn about the SEOPW CRA and about employee will have an opportunity to find out if they are suited to and like initial employment period gives the employee's supervisor a reasonable time ce. The initial employment period is three (3) consecutive months of service. During this time, the ew employee will be provided with training and guidance from their supervisor. The employee may be . scharged during this period if their supervisor concludes that they are not progressing or performing i► a manner acceptable to the SEOPW CRA. Under appropriate circumstances, the initial employment ► nod may be extended. Also, as is true during an employee's employment with the SEOPW CRA, emp ent is not for any specific time and may be terminated at will, with or without cause and without ice. At t end of the initial employment period, the employee's supervisor will issue an evaluation. Provided th• job performance is acceptable to the SEOPW CRA at the end of the initial employment period, they 11 continue in our employment as an at -will employee. 14 SUBSTITUTED EXHIBIT "B" 2. EMPLOYEE CATEGORIES Based on the conditions of employment, employees of the SEOPW CRA fall into the following categ . es: • Regular Full -Time Employees • Regular Part -Time Employees • Temporary Employees a. Full -Time An employee employed for an indefinite duration who works forty (40) hours or e per week, including any applicable lunch breaks, is considered a full-time employee. Full-time emplo es are entitled to receive certain employment benefits as provided for in this handbook. Exempt: Employees are classified as such if their job duties are ' empt from the minimum wage and overtime provisions of the Fair Labor Standards Act. Exe pt employees are not eligible for overtime pay. Non -Exempt: Employees are classified as such if t r job duties do not qualify under any exemption provided by the Fair Labor Standards Act on -exempt employees receive overtime pay in accordance with the SEOPW CRA's overti ' e policy. Their compensation is calculated hourly. Employees classified as non-exempt are equired to sign -in and accurately record their work hours daily. Failure of an employee to a ately record work hours or falsify time records shall be grounds for disciplinary action, up to d including termination. b. Part -Time An employee who is employed for an indefi e duration who works on average no more than twenty-eight (28) hours per work week is considered . •art -time employee. Part—time employees are not entitled to SEOPW CRA benefits. c. Temporary Empl i ees A temporary employee is hire . or a specified project or time frame. A temporary employee in a non- exempt position is paid by thour, while a temporary employee in an exempt position is paid on a salary basis. Temporary employ- do not receive any benefits provided by the SEOPW CRA. 3. TRANSFER ND PROMOTIONS The SEOPW C • encourages employees to assume higher -level positions or lateral transfers for which they qualify. E ployees who wish to apply for a transfer or promotion should discuss it first with their supervisor/mager, and Executive Director so that it may be determined if their skills fit the requirements of the des -d job. Employees should also feel free to discuss their career aspirations with their supervismanager or the Executive Director at any time. Gen- .11y, employees should be in their job for at least one (1) year before applying for a change of position. In dition, employees must have a good performance, attendance, and punctuality record. Each employee questing a transfer or promotion will be considered for the new position along with all other applicants. 15 SUBSTITUTED EXHIBIT "B" Each transfer or promotion is judged individually, depending on the needs of the SEOPW CRA. The Executive Director will make all final decisions regarding transfers and promotions. C. COMPENSATION 1. PERFORMANCE MANAGEMENT, EVALUATION AND COMPENATION PROGRAMS To attract and retain a highly qualified and competent workforce, SEOPW CRA compensa its employees fairly and equitably based upon demonstrated job performance and in accordan with its Equal Employment Opportunity policy. Notwithstanding, salary increases, and other e ' .loyee benefits are subject to the Executive Director's discretion based on budgetary priorities. a. Annual Performance Review Employees should receive constructive work reviews designed to dress performance and skill developmental needs and interests. A regular, full-time employee is el _able for consideration of a merit increase after at least six (6) months of continuous service before th erit award date. For purposes of determining length of service, the date on which the employee fi . reports to work are considered the anniversary date. An employee whose pay is at the maximum of the salary ran may not be granted an increase that would cause the base salary to exceed the maximum of the range .r that position. In accordance with SEOPW CRA guidelines, supervise. s will recommend whether (a) an employee should receive any merit increase based on their annual rformance review and (b) the amount of increase appropriate for the performance results. The following factors are the basis for award . merit pay to employees: 1. The employee's performanc- . s reported in the annual performance review. 2. The appropriate pay leve ithin the range for the employee considering the employee's performance and perfo ce of others in the range. 3. Pay increase funds ay. able. 4. Recommendations • supervisors, as approved by executive officers. b. Cost of Li r g Adjustment (COLA) A cost -of -living adjus ent (COLA) is a rise in benefits or compensation to compensate for rising living expenses. All eligibl, mployees may receive a cost -of -living adjustment each October 1st at the discretion of the Executive Df ector based on budgetary priorities. The COLA is subject to all applicable taxes. Executive Benefits Program The ecutive Director, interim or acting, may establish an Executive Benefits program at his or her dis• etion based on considering budgetary constraints of the SEOPW CRA. The Executive Director shall responsible for identifying staff members eligible for participation in the program and determining the rogram benefits and applicable benefits amount(s). The Executive Director reserves the right to terminate the program at any time based on the budgetary needs of the SEOPW CRA. 16 SUBSTITUTED EXHIBIT "B" 2. INTERIM AND PERMANENT EXECUTIVE DIRECTOR'S BASIC COMPENSATION In the absence of a directive from the SEOPW CRA Board, the basic compensation '.r the Executive Director, interim or permanent, shall be as follows: 1. Salary — reflected in the annual budget, as approved and adopted by the SEOPW RA Board. 2. Car Allowance — reflected in the annual budget, as approved and adopted by e SEOPW CRA Board. 3. Health/Dental/Vision (plus dependents) — SEOPW CRA to cover cost 4. Cellular Phone Allowance — reflected in the annual budget, as app ed and adopted by the SEOPW CRA Board. 5. Life Insurance — 2 x Salary. 6. Long Term and Short -Term Disability Insurance — 2 x S a. Accidental Death and Dismemberment — SE W CRA to cover cost 7. Vacation and Leave — as outlined in this handboo ee below Article D. Time Off below. 8. Sick Leave— as outlined in this handbook. See cle D. Time Off below. 9. Severance — Maximum amount of severanc .ay in accordance with Section 215.425(4)(a), Florida Statutes, upon separation. 10. Salary/Cost of Living Increases — au atic 2% annual increase, unless a different amount is reflected in the annual budget, anapproved and adopted by the SEOPW CRA Board. 11. Employer's Retirement Con tion — reflected in the annual budget, as approved and adopted by the SEOPW C Board. 12. Training, Memberships nd Subscription — SEOPW CRA to cover cost. 3. COMPENSATIO CHEDULE Salary payment is mad The work week start i-weekly for the base salary due to an employee for the prior two -week period. n Sunday at 12:00 a.m. and ends on Saturday at 11:59 p.m. Overtime payme ' , which is included with the non-exempt employee's base salary payment, is also paid bi-weekly wit .uch payment covering hours worked in the prior two -week period. See also Time Records and Overti ' policy below. A state ' nt of earnings is given each pay period to employees indicating: • gross pay statutory deductions voluntary deductions 17 SUBSTITUTED EXHIBIT "B" 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 SEOPW CRA-recognized holiday, paychecks will be distribute ' one workday prior to the aforementioned schedule. Under no circumstances will the SEOPW CRA rel . se any paychecks prior to the announced schedule. Employees may be paid by check or through direct deposit of funds to either a savings or ch: ing account at their bank of choice (providing the bank has direct deposit capability). To activate direc eposit, a Direct Deposit Authorization Form may be obtained from the Finance Department and the employee should complete the form and return same, together with a voided personal check. Due to bking requirements, it may take several weeks for activation of the direct deposit. 4. TIME RECORDS a. Generally The attendance of all employees is recorded daily and is submitte s o payroll weekly. Our attendance records are SEOPW CRA records, and care must be exercised in • cording the hours worked, overtime hours, and absences. Each employee is encouraged to check -in th their supervisor before commencing work each day. Each employee is responsible for their own r ordkeeping. Once an employee signs in, work commences immediately. Failure to do so is considere a falsification of timekeeping records. The SEOPW CRA uses these time records to calcula ' non-exempt employees' compensation, so it is important to keep an accurate record of all hours wo ed. At the end of the pay period, non-exempt and exempt employees are required to review their time - cords for that pay period and acknowledge in writing that the hours recorded are an accurate reflectioof all hours worked. Additionally, time records with overtime for non-exempt employees must be c' tersigned by a supervisor and must be submitted to the Finance Department for the prior pay period .y end of business day on the Monday before payday for an employee's payment to be processed in ti for payday. Non-exempt employees arriving at ork earlier than their scheduled start time are not to clock in until they are ready to begin the workday and are not to perform work until the employee has clocked in. Likewise, non-exe ' it employees concluding their workday earlier than their scheduled completion time must clock out , en work has ceased for the day, even if this occurs prior to the scheduled time for work to end for the ployee, and the employee is to perform no work after the employee has clocked out. Non-exempt ployees are required to clock out at the completion of their workday, even though they may contin to remain in the office beyond their scheduled completion time for personal reasons. The SEOP CRA is committed to compensating its employees for all hours worked, and therefore, it is imper ve that employees help to ensure that the SEOPW CRA's time records are accurate. All employees than their sch to the Fina SEOPW st contact their supervisor to advise them of a late arrival time or to request to leave earlier uled completion time. Any inaccuracies in the time records must be immediately reported Department. It is the employee's responsibility to check the time records for accuracy. The will immediately correct any errors brought to its attention. Persal time off, sick days, floating and birthday holidays, and office closures due to federal holidays must be - corded by each employee on their bi-weekly timesheet. b. Breaks 18 SUBSTITUTED EXHIBIT "B" 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 SEOPW CRA. Employees must not all take lunch break simultaneously. Your supervisor will inform you of your time slot for taking a lunch break. Employ: s are not permitted to eat lunch at their desk or while performing any work for the SEOPW CRA. ch breaks must be accurately recorded on the SEOPW CRA's time records. If business necessity dic es, as determined solely by a supervisor, that an employee must be called back from a lunch break re• •lting in the employee receiving less than the allotted lunch break, the employee will be compensated a• ordingly. Nursing mothers needing time to express breast milk should plan with the Executive Direor or designee for appropriate breaks for that purpose. For up to one year after the child's birth, any mployee who is breastfeeding will be provided reasonable break times to express breast milk. The EOPW CRA will designate an office for this purpose, upon request Employees must reserve the r.m by contacting the Human Resources Department. A small refrigerator reserved for the specific storage of breast milk is availa s. Any breast milk stored in the refrigerator must be labeled with the name of the employee and the da of expressing the breast milk. Any nonconforming products stored in the refrigerator may be disposed ' Employees storing milk in the refrigerator assume all responsibility for the safety of the milk and the of harm for any reason, including improper storage, refrigeration, and tampering. Breaks of more than 20 minutes in length will be unpaid, and re rded on timesheets where appropriate. Also, one paid 15-minute break shall be permitted once the morning and afternoon, for which the employee is not required to clock out. Employees must all take breaks simultaneously. The employee is expected to work at all other times during the emplo e's scheduled workday, other than during a lunch break and the morning and afternoon 15-minute bre c. Violations of Policy Violations of this policy may result in without pay and immediate discharge. 5. OVERTIME PAY a. Generally propriate disciplinary action, up to and including suspension The standard work week -.r non-exempt full-time employees typically shall not exceed forty (40) hours (not including any lun breaks). Depending on the SEOPW CRA's work needs, employees will be required to work ov- ime when requested to do so. All overtime must be approved by the Executive Director each day, advance of working overtime. All overtime s must be recorded in the same manner regular work hours are recorded. Under no circumstan is an em . to ee . ermitted to work overtime off the clock. Non-exempt employees are eligible fo' dditional pay at a rate of one and one-half (1'/2) times the employee's regular rate for hours worked ' ore than forty (40) hours in a work week. Additionally, time records reflecting overtime must be count igned by the employee's supervisor and the Executive Director, and must be submitted to the Fin. ce Department by the Monday preceding payday for an employee's payment to be processed for p day. "Hours worked" is defined as actual hours worked, and is not inclusive of any lunch breaks or any aid time off including, but not limited to, paid personal time off, annual leave, personal days, jury duty, paid holidays, sick leave, or bereavement leave. 19 SUBSTITUTED EXHIBIT "B" Employees are responsible for checking their own time records to ensure their accuracy. Any discrepancie should be immediately reported to the Finance Department. The SEOPW CRA will immediately corr t any errors. b. Compensatory Time Non-exempt employees may receive compensatory time at a rate not less than one and one - each hour of overtime, in lieu of overtime compensation provided that an agreement or arrived at between the SEOPW CRA and the employee before the performance of the ov Therefore, all work anticipated to be completed during overtime hours must be supervisor and the Executive Director, who, in turn, will discuss the issuance of c the employee. Any compensatory time received must be used during the pay period in which it was earned. c. Flexible Time if hours for derstanding is ime assignment. e-approved by the pensatory time with riod following the pay The SEOPW CRA recognizes that there may be times when a non-e, mpt regular full-time employee is required to remain at work longer than their normal business ho due to an SEOPW CRA event or meeting. When this happens, an employee may, with the approva • f their supervisor, flex the start time or end time on another day within the same work week. The flex ti - e shall be equal to the extra hours worked by the employee. d. Violations of Policy An employee's failure to adhere to this policy ma result in appropriate disciplinary action, up to and including suspension without pay and immediate s charge. e. Complaint Procedure If you believe you were not paid corre for overtime worked, you must report that concern to your supervisor and/or the Finance Depa t. Any employee who receives such a complaint or is otherwise aware of the improper payment of ovime, must immediately notify the Executive Director. The SEOPW CRA will promptly investigate any .uch matter brought to its attention to determine whether there has been a violation of this policy. It is t► obligation of all employees to cooperate in such an investigation. Any improper or mistaken salary s duction will be remedied promptly. If an investigation establishes that a violation of this Policy ha •ccurred, the Company will reimburse the employee for any overtime the employee was due, and w take all appropriate corrective action to ensure that an underpayment does not occur again. f. A -Retaliation The SEOPW this policy o prohibits retaliation, in any form, against any employee who makes a complaint under articipates in the SEOPW CRA's investigation of such a complaint. 6. RSONNEL RECORDS To -ep necessary SEOPW CRA records up to date, it is extremely important that you notify the Finance artment of any changes in: • Name and/or marital status 20 SUBSTITUTED EXHIBIT "B" • Address and/or telephone number • No. of eligible dependents • W-4 deductions • Person to contact in case of emergency All departing employees must provide the SEOPW CRA with an updated address to ens • that all necessary tax, insurance, and other forms are sent to the correct address. 7. IMMIGRATION LAW COMPLIANCE The SEOPW CRA is committed to employing only those employees who are aut United States. In compliance with the Immigration Reform and Control Act of 1 must complete an Employment Eligibility Certification Form I-9 and present identity and employment eligibility. Former employees who are rehired also the form. Employees with questions should contact the Executive Directo may raise questions or complaints about immigration law compliance wi 8. DEDUCTIONS FROM PAY OF EXEMPT EMPLOYE ut zed to work in the 6, each new employee umentation establishing ay be required to complete r designee. Employees also fear of reprisal. Executive, administrative, and professional employees of the S • 4 PW CRA are classified as exempt and are not legally entitled to overtime pay for hours worked over '.rty (40) hours in a work week. Generally, exempt employees are paid a pre -determined salary for work week in which they perform work, regardless of the quality or the number of hours of work ' rformed during that work week. However, an employee need not be paid for any work week in which . e performs no work. This policy sets forth the circumstances when ded (in addition to tax withholdings, social security authorized by the employee). Employees are any mistakes to the Finance Department. In a. Permissible Deductio ons can be made from an exempt employee's salary edicare, insurance contributions and other deductions vised to check their pay stubs and are required to report vertent mistakes will be corrected promptly. Federal wage -hour regulations pe the following deductions from an exempt employee's salary: i. Absen s for Personal Reasons. The SEOP ' CRA may deduct from an exempt employee's weekly salary for any full day that the mployee is absent from work for personal reasons, other than sickness or disabi . If an exempt employee is absent for personal reasons and uses an available paid per al or personal time off day, the employee will be paid for that day by utilizing any p: sonal or personal time off leave available. If, however, an exempt employee takes a ersonal day prior to eligibility for or after having exhausted their entitlement to personal and personal time off days, the SEOPW 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 SEOPW 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 SEOPW CRA's sick leave policy, and workers' compensation law. 21 SUBSTITUTED EXHIBIT "B" The SEOPW 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 .r disability occurring before the employee has qualified for benefits under the appli.: ile plan or policy and after he or she has exhausted the leave allowance under the an or policy. The SEOPW CRA may deduct from an exempt employee's weekly salary fo ime that the employee takes as unpaid leave under the Family and Medical Leave Ac whether it is a full-time leave, or intermittent leave or reduced -schedule leave). Fexample, if an employee who usually works forty (40) hours per week takes four (4) ► .urs in intermittent - leave time, the SEOPW CRA may reduce their weekly salary for t week by ten percent (10%). Employees should review the SEOPW CRA's Family .nd Medical Leave Act Policy for further information about such leaves of absence. iii. Jury Fees, Witness Fees, and Military Pay. The SEOPW CRA may offset an exempt employe-' salary by the amount of money received by that employee as jury fees, witness fees .r military pay for any particular work week. Any employee receiving such fees or . itary pay must report this fact to the Finance Department. iv. Suspensions. The SEOPW CRA may suspend an e mpt employee from work without pay for one or more full days for serious workpl e misconduct in violation of the SEOPW CRA's workplace conduct rules, includi : violations of this handbook. v. Absence during Initi. or Terminal Weeks. The SEOPW CRA is no ' equired to pay the full salary of an exempt employee in their initial or terminal wee , . of employment if that employee does not work for the entirety of those weeks. The ' • PW CRA will pro -rate the employee's salary, in these weeks, in proportion to the . s (or time) worked. b. Complaint P cedure If you believe a deductio was taken in error, report that concern to your supervisor and/or the Finance Department. Any emp , ee who receives such a complaint or is otherwise aware of improper or mistaken salary deductions, st immediately notify the Executive Director. The SEOPW CRA will promptly investigate any su , matter brought to its attention to determine whether there has been a violation of this policy. It is the o , igation of all employees to cooperate in such an investigation. Any improper or mistaken salary deducti► will be remedied promptly. If an investigation establishes that a violation of this policy has occurre s he SEOPW CRA will reimburse the employee for any improper deductions and will take all appropria ' corrective action to ensure that such deductions or conduct does not occur again. Anti -Retaliation e SEOPW CRA prohibits retaliation, in any form, against any employee who makes a complaint under is policy or participates in the SEOPW CRA's investigation of such a complaint. 22 SUBSTITUTED EXHIBIT "B" 1. PERSONAL TIME OFF D. TIME OFF a. Full-time Regular Employees and Executive Staff Time away from work to relax and pursue special interests is essential to everyone. All ful ime regular employees shall be allotted personal time off as outlined below. Personal time off hours s . 1 be available for use at the beginning of each fiscal year, provided the employee is eligible to use per al time off, and any request for personal time off has been approved by the Executive Director. New employees are not eligible to use personal time off until after they have com . -ted ninety (90) days of employment. Given the nature and demands of executive level positions, perso time off time is available for immediate use for executive level positions. Where special business ne ssity requires an exception, prior approval must be given by the Executive Director. Years of Service Regular Employees (Regular Employees (Executive Staff) 0-4 years of service 132 hours per year 200 hours per year 5-9 years of service 148 hours per ye 220 hours per year 10-14 years of service 160 hours per ar 240 hours per year 15-19 years of service 180 hours p year 260 hours per year 20 or more years of service 200 hour er year 280 hours per year b. Requesting Use of Persona ime Off All employees must submit a written re • st to use personal time off time to their immediate supervisor for review. All requests must ultimately • approved by the Executive Director. All employees should make their personal time off requests as f, in advance as possible. The SEOPW CRA will attempt to grant an employee the personal time off d es he or she requests; however, said request is subject to the SEOPW CRA's business needs. When . SEOPW CRA holiday falls during a scheduled personal time off, the holiday is not counted as a pe .onal time off day, but as a holiday. Any employee that beco ' . s ill during a scheduled personal time off cannot change a personal time off day to a sick day; schedul' • personal time off days count as personal time off even if an employee would ordinarily take a sic day. The Executive Director may mandate the use of Paid Time Off (PTO) if the office is closes for . y business -related or non -business related reasons. c. Restrictions on accumulation of Personal Time Off — Rollover Policy The SEO# CRA recognizes that due to the daily professional demands of employees, the ability to fully utilize ' 0 accrued within a fiscal year may not be feasible. Regular employees may not rollover more than .rty (40) hours and Executive Staff may rollover no more than eighty (80) hours each fiscal year. gular employees may roll over their accrued personal time off each fiscal year, but it has no monetary alue. Employees cannot cash out hours exceeding the allotted amount per fiscal year. Any rolled over 23 SUBSTITUTED EXHIBIT "B" hours must be utilized within the consecutive fiscal year along with PTO accrued during the current fiscal year. With respect to the Executive Director, the SEOPW CRA Board of Commissioners shall determine e applicable number of accumulated PTO hours that the Executive Director may accrue on an annual , asis, the number of PTO hours that may be rolled over each year, if any and the total maximum n .er of hours the Executive Director may accrue during his/her term of employment. Notwithstanding the permitted rollover allowance for designated Executive Staff, any emp .yee, including the Executive Director, is not permitted to rollover PTO during in a fiscal year if he or . e is on leave of absence without pay, suspension without pay, or when the employee is otherwise in a on -pay status. d. Annual Payout of PTO Full-time employees who have completed their 90-day probationary pe eligible to cash out an approved amount of their PTO each fiscal year. that can be cashed out, please reference the designated chart below employees can access their benefits while adhering to company g employment with SEOPW CRA by voluntary resignation, involunt disability, employees who have completed their probationary pe as shown below: and have accrued PTO are determine the specific amount This policy ensures that eligible delines. In cases of separation from eduction in workforce or occupational d may receive a maximum PTO payout Regular employees who work 80 hours per p period 40 Hours Regular employees designated as Ex utive Staff who work 80 hours per pay eri .* YP 160 Hours *This category includes the Executive Diror, interim or acting, if the SEOPW CRA board has not addressed the Executive Director's compe ation package. 2. ABSENCE DUE TO ILLN To keep the SEOPW CRA runni smoothly and efficiently, it is important that every employee be on the job and on time regularly. Fo is reason, careful attention is given to promptness, absence record and overall dependability. The ` OPW CRA recognizes, however, that an employee may occasionally be injured or ill. As a result, t- s policy is designed to provide protection to employees against loss of income during unavoidable illne•. or injury. Both regular and e cutive employees who are unable to perform their jobs due to illness or injury are eligible for sick d s at the rate of 8 hours per month. Sick leave hours may be carried over from year to year. Regular ployees may not cash out sick leave hours. Regular employees may cash out sick leave hours with a ..pped amount (subject to funding availability) upon separation. Executive employees are entitled to sh out sick leave hours upon separation. To • eligible for use of sick leave, employees unable to report to work due to illness or injury must to - shone their supervisor directly, each day of their absence, as far in advance as possible, but no later than 1 minutes before their scheduled arrival time. If their supervisor is not available, the Finance Department should be contacted. If an employee is unable to make the call personally, a family member or a friend 24 SUBSTITUTED EXHIBIT "B" should contact the supervisor or the Finance Depaitinent. The employee bears the obligation to contact as provided above each day of absence. An employee who fails to contact their immediate supervisor or th Finance Department may be considered voluntarily resigning. If the SEOPW CRA has questions about the nature or length of an employee's disability, a •tten certification from a physician or licensed health care professional may be required. The use of sick leave is prohibited during an employee's initial 90 days of employment. 3. HOLIDAYS a. Designated Holidays All full-time employees (including those in initial employment period) are e_ible for twelve (12) paid holidays per year as follows: New Year's Day Labor Day Dr. Martin Luther King, Jr. Day Columbus D /Indigenous Peoples' Day President's Day Veterans P .y Memorial Day Thanks ing and the day after Thanksgiving Juneteenth Chris - as Day Independence Day At the end of each year, the holiday schedule for the co holiday falls on a Saturday, SEOPW CRA employee Where a holiday falls on a Sunday, SEOPW CRA Monday. b. Floating Holidays g year will be provided to employees. Where a ill observe the holiday on the preceding Friday. ployees will observe the holiday on the following All full-time, regular employees receiv- o (2) floating holidays per year in addition to the SEOPW CRA's regular paid holidays. These two . ting holidays may be used only for religious or cultural holidays, employee birthdays, or other state - federal holidays during which the SEOPW CRA remains open. Floating holidays are availab for all current employees at the beginning of each fiscal year. A new employee hired before the e ' of the first half of the fiscal year will receive two (2) floating holidays upon hire; a new employee hir- . during the second half of the fiscal year will receive one (1) floating holiday upon hire. Employees must s i ify the event for which they are requesting to use a floating holiday. The request must be scheduled an pproved in advance by the employee's immediate supervisor. Floating hol' . ays will not be carried over to the next fiscal year, nor will they be cashed out if not taken or paid up - termination of employment. Birthday Holiday Pay ployees will receive one (1) birthday holiday per year in addition to the SEOPW CRA's regular paid d floating holidays. This birthday holiday must be used within the employee's birth month. Birthday 25 SUBSTITUTED EXHIBIT "B" holidays will not be carried over to the next fiscal year, nor will they be cashed out if not taken or paid upon termination of employment. d. Holiday Pay Hourly employees will be compensated holiday pay based on the regular rate (straight time) multi' ied by the number of hours that employee is normally scheduled to work on the day that falls on a holid (i.e., an employee who is normally scheduled for eight (8) hours on the day that falls on a hole .y will be compensated eight (8) hours at the employee's regular rate as holiday pay). Employee of normally scheduled to work on a day that falls on a holiday will not be compensated holiday pay f► that day. Paid time off as holiday pay does not count toward calculating overtime hours. 4. BEREAVEMENT LEAVE The SEOPW CRA's Bereavement Leave Policy establishes a uniform guidel to employees in the event of a death of certain relative family members or pre or stillbirth. a. Eligibility: All full-time, active employees are eligible for will receive paid leave of three (3) to five (5) days. Leave should be time of the day of the death or day of the funeral and may not be for providing leave time ancy loss due to miscarriage ve under this policy. An employee en consecutively within a reasonable lit or postponed. b. Definitions: Immediate family member is defined the employee's spouse, registered domestic partner, child, stepchild, parent, stepparent, father-in-law, ' other, mother-in-law, son-in-law, daughter-in- law, brother, sister, grandparent, grandchild, stepbrothe stepsister, or an adult who stood in loco parentis to the employee during childhood. c. Procedures 1. An employee who wishes to tak• ime off due to the death of an immediate family member should notify their supervisor as so as possible. If an employee needs to leave work early due to a death notification, any hours u , for the absence will be count as bereavement leave. Employees should make their supervisor . d the Finance Department aware of their situation and of the need to leave work early. In addition to bereave available personal le nt leave, an employee may, with their supervisor's approval, use any for additional approved time off as necessary. 2. Upon returni ; to work, the employee must record their absence as a Bereavement Leave on their attendan record. Proof of death and relationship to the deceased may be required for verification. ailure to provide any requested documentation will result in the leave being unpaid. 3. Bereement pay is calculated based on the base pay rate at the time of absence, and it will not incluany special forms of compensation, such as incentives, commissions, bonuses, overtime or shi - differentials. Paid bereavement leave will be granted according to the following schedule: i. An eligible employee may utilize three (3) to five (5) consecutive days off from their regularly scheduled duty with regular pay in the event of the death of the employee's spouse, registered domestic partner, child, stepchild, parent, stepparent, father-in-law, 26 SUBSTITUTED EXHIBIT "B" mother, mother-in-law, son-in-law, daughter-in-law, brother, sister, grandparent, grandchild, stepbrother, stepsister, or an adult who stood in loco parentis to th employee during childhood. Leave time shall be permitted as follows: • In -state: Three (3) days • Out-of-state: Five (5) days ii. An employee may use up to five (5) consecutive days in case of pregnay loss due to miscarriage or still birth. (Note: If leave is granted under the Fa y and Medical Leave Act, the five (5) days of Bereavement Leave will be used co ' urrently.) iii. Employees are allowed one (1) day off from regular scheduleduty with regular pay in the event of death of the employee's brother-in-law, sis -in-law, aunt, uncle, or spouse's or registered domestic partner's grandparent. iv. Employees are allowed up to four (4) hours of bere . - ment leave to attend a fellow regular employee's funeral, provided such absence om duty will not interfere with normal company operations. 5. JURY DUTY A leave of absence for jury duty will be granted to any full- e or part-time employee notified to serve. During this leave, employees will be compensated with pa ent equal to the difference between their jury duty pay and their regular salary for a maximum of fiv (5) days, unless otherwise required by law. An employee on jury duty must report to work any day tho " are excused from jury duty. Upon receipt of the notice to serve jury duty, the e ployee should immediately notify their supervisor, and the Finance Department. Additionally, a copy .f the notice to serve jury duty should be attached to the employee's attendance record for attendance .urposes. Upon the employee's return, the employee must notify the Finance Department and must s it a signed Certificate of Jury Service indicating the number of days served. If the jury duty falls at a time when t employee cannot be away from work, the SEOPW CRA may request that the court allow the employe- o choose a more convenient time to serve if SEOPW CRA makes a request in accordance with the ourt's procedures. The employee is encouraged to cooperate with the request for a postponement. ► e SEOPW CRA will work to accommodate any future scheduling conflicts resulting from the postpone ent of jury service. 6. MILITARY AVE a. L , ve without Loss of Pay for Florida National Guard Section 250.4: lorida Statutes, provides that an employee who is a member of the Florida National Guard is entitled to irty (30) days of leave without loss of pay, time or seniority for engaging in active state duty for a na - o event, declared disaster or operation pursuant to Sections 250.28 or 252.36, Florida Statutes. Howev , a leave of absence without loss of pay granted under Section 250.48, Florida Statutes, may not exce . thirty 30 days for each emergency or disaster, as established by executive order of the Governor. b. Uniformed Services Employment and Reemployment Act ("USERRA") 27 SUBSTITUTED EXHIBIT "B" 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 USERRA leave may substitute their paid personal time off time for said unpaid leave. At the concl .ion of the leave, upon the satisfaction of certain conditions, an employee generally has a right to re ' o the same position they held prior to the leave or to a position with like seniority, status and pa that the employee is qualified to perform. i. Continuation of Health Benefits During USERRA leave of less than thirty-one (31) days, an ployee is entitled to continued group health plan coverage under the sa conditions as if the employee had continued to work. For USERRA leave .f more than thirty (30) days, an employee may elect to continue their health ,verage for up to eighteen (18) months of uniformed service, but may be req ed to pay all or part of the premium for the continuation coverage, but no r .re than one hundred and two percent (102%) of the full premium for the cov• age elected. Said premium is to be calculated the same way as required by C • . RA. ii. Requests for USERRA Leave Leave for Active or Reserve Duty Upon receipt of orders for activ- er reserve duty, an employee should notify their employer, as soon as possible less they are unable to do so because of military necessity or it is otherwise i possible or unreasonable). Leave for Training a 1 Other Related Obligations (e.g., fitness for service examinations) Employees will - so be granted time off for military training (normally fourteen (14) days plus ' . vel time) and other related obligations, such as for an examination to determin-. rtness to perform service. Employees should advise their supervisor and/or the xecutive Director or designee of their training schedule and/or other related , eligations as soon as possible. Employees are required to retain their militpay vouchers. Upon return from training, the employee must submit their mil . pay voucher to the Finance Department. The SEOPW CRA will pay an e - ployee's full salary, less base military pay, for the first six (6) months of the aining period. This six-month period of supplemental pay may be extended by the Executive Director. Return from Military Leave Notice Required An employee who served for less than thirty-one (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 regularly scheduled work period that starts at least eight (8) hours after the employee has returned from the location of service. 28 SU BSTITUTED EXHIBIT "B" An employee who served for more than thirty (30) days, but less than one hundred eighty-one (181) days, must submit an application for reemployment no later th fourteen (14) days after completing their period of service or, if this deadlin- s impossible or unreasonable through no fault of the employee, then on the ext calendar day when submission becomes possible. An employee who served for over one hundred and eighty (180) days ust apply for reemployment no later than ninety (90) days after completing e uniformed service. An employee who has been hospitalized or is recovering fro an injury or illness incurred or aggravated while serving must report to Human Resources Department (if the service was less than thirty-one ( days or if employee reported for a fitness to serve examination), or . imit an application for reemployment (if the service was greater than thi 30) days), at the end of the necessary recovery period (but which may not e ed two (2) years, unless for a fitness to serve examination). Required Documentation An employee whose military service as for more than thirty (30) days must provide documentation upon their re (upon the request of the employer) (unless such documentation does not yet ist or is not readily available) showing the following: (i) the application fo re-employment is timely (i.e. submitted within the required time period); (ii) period of service has not exceeded five (5) years; and (iii) the employee recei d an honorable or general discharge. 7 . LEAVE UNDER THE FAMILY AN 1 EDICAL LEAVE ACT ("FMLA") It is the SEOPW CRA's intent to provide F. ily and Medical Leave (FML) to its employees in compliance with the requirements of the Family and ► edical Leave Act (FMLA) of 1993. FMLA provides eligible employees - ith unpaid leave for certain family and medical reasons during a twelve (12) month period. Durinhis leave, an eligible employee is entitled to continued group health plan coverage as if the employe ad continued to work. At the conclusion of the leave, subject to some exceptions, an employee gene ly has a right to return to the same or to an equivalent position. a. Employe ligibility Criteria To be eligible for F i A leave, an employee must have been employed by the SEOPW CRA: (1) for at least twelve (12) m ' the (which need not be consecutive); and (2) for at least 1,250 hours during the twelve (12) month perio ' immediately preceding the commencement of the leave. An unp Events Which May Entitle an Employee to FMLA Leave leave of up to twelve (12) work weeks may be taken by an employee for one, or a combination, of the ollowing reasons: 1. the birth of the employee's child or to care for the newborn child; 2. the placement of a child with the employee for adoption or foster care or to care for the newly placed child; 29 SUBSTITUTED EXHIBIT "B" 3. to care for the employee's spouse, registered domestic partner, child or parent (but not in-law) with a serious health condition; 4. the employee's own serious health condition that makes the employee unable t perform one or more of the essential functions of their job; and/or 5. for any qualifying exigency arising out of the fact that the employee's spo e, registered domestic partner, son, daughter, or parent is on (or has been nified 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 me s duty during deployment of the member with the Armed Forces to a foreign country. "Covered active 'sty" for members of the reserve components of the Armed Forces (members of the U.S. National Guard . d Reserves) means duty during deployment of the member with the Armed Forces to a foreign country der a call or order to active duty in a contingency operation as defined in Section 101(a)(13)(B) of Titl: 0, United States Code. A "serious health condition" is an injury, illness, impairment, or physical or -ntal 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 •.ouse, registered domestic partner, son, daughter, parent, or next of kin of a "covered servicemember" t' take up to twenty six (26) workweeks of FMLA leave in a single 12-month period to care for a "cove d servicemember" with a "serious injury or illness." A "covered service member" is a member of the Arme ► orces, including a member of the National Guard or Reserves, who is undergoing medical treatment ecuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disabili etired list, for a serious injury or illness. A "covered servicemember" also includes a veteran who is , dergoing medical treatment, recuperation, or therapy for a serious injury or illness if the veteran was . ember of the Armed Forces at any time during the period of five (5) years preceding the date on whi' the veteran undergoes that medical treatment, recuperation, or therapy. A "serious injury or illness" means, injury or illness incurred by the member in line of duty on active duty in the Armed Forces that may nder the member medically unfit to perform the duties of the member's office, grade, rank or rating an or a serious injury or illness that existed before the beginning of the member's active duty and was . ggravated by service in line of duty on active duty in the Armed Forces that may render the member meally unfit to perform the duties of the member's office, grade, rank, or rating. For a veteran, a "serio injury or illness" is defined as a qualifying injury or illness that was incurred by the member in line e duty on active duty in the Armed Forces (or existed before the beginning of the member's active d and was aggravated by service in line of duty on active duty in the Armed Forces) and that manifes d itself before or after the member became a veteran. How Much FMLA Leave May Be Taken The 12-Month Period An eligible employee is entitled to up to twelve (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 twenty-six (26) workweeks during a 12-month period for military caregiver leave. The 12-month period is a rolling 30 SUBSTITUTED EXHIBIT "B" 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 twelve (1 onths after the birth or placement of the child. Where spouses or registered domestic partners are both employed by the SEOPW RA, they are together entitled to a combined total of twenty-six (26) workweeks of leave for ilitary caregiver leave. For example, if an employee took sixteen (16) weeks of military • . regiver leave, the employee's spouse or registered domestic partner, who is also employed w the SEOPW CRA, would be limited to using ten (10) weeks for military caregiver leave. When leave is unrelated to service member family leave and both s p , ses or registered domestic partners are employed by the SEOPW CRA, they are together entitl: to a combined total of twelve (12) workweeks of FMLA leave within the designated 12 mont..eriod for the birth, adoption or foster care placement of a child with the Employees, for after e of the newborn or newly placed child, and to care for a parent (but not in-law) with a seri. , s health condition. Each spouse or registered domestic partner may be entitled to additional LA leave for other FMLA qualifying reasons (i.e., the difference between the leave taken in. iidually for any of the above reasons and twelve (12) workweeks, but not more than a total • ' twelve (12) workweeks per person). For example, if each spouse or registered domestic pa ' r took 6 weeks of leave to care for a newborn child, each could later use an additional six (6) w', - ks due to their own serious health condition or to care for a child with a serious health conditi iii. Intermittent or Reduced Wor %chedule Leave Intermittent leave is leave taken i separate blocks of time of no less than one -hour increments. A reduced work schedule leave is eave schedule that reduces an employee's usual number of hours per workweek or hours per w kday. Leave to care for a new taken intermittently or or for a newly placed child must be taken all at once and may not be n a reduced work schedule. Leave because of employee's own serious health condition, to care for an employee's spouse, registered dom is partner, child or parent with a serious health condition or to care for a service member und- the service member family leave provision, may be taken all at once or, where medically cessary, intermittently or on a reduced work schedule. Additionally, leave because of any qual . ing exigency arising out of the fact that the employee's spouse, registered domestic partne on, daughter, or parent is on (or has been notified of an impending call to) "covered active duty" n the Armed Forces may be taken all at once, intermittently or on a reduced work schedule. an employee takes leave intermittently or on a reduced work schedule basis, the employee must, when requested, attempt to schedule the leave so as not to unduly disrupt the SEOPW CRA's operations. When an employee takes intermittent or reduced work schedule leave for foreseeable planned medical treatment, the SEOPW CRA may temporarily transfer the employee to an alternative position with equivalent pay and benefits for which the employee is qualified and which better accommodates recurring periods of leave. 31 SUBSTITUTED EXHIBIT "B" e. Requests for FMLA Leave An employee should request FMLA leave by completing the Employer's Request for Leave fo d submitting it to the Executive Director or designee and Finance Department. If the Employee . ils 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 treaent for the employee's or employee's family member's serious health condition, the employee t provide the SEOPW CRA with at least thirty (30) days advance notice or such shorter notice as practicable (i.e., within one (1) or two (2) business days of learning of the need for the leave). When t iming of the leave is not foreseeable, the employee must provide the SEOPW CRA with notice of the , eed for leave as soon as practicable (i.e., within one (1) or two (2) business days of learning of the neeor the leave). When leave is foreseeable to care for a service member under the military .. egiver leave provision, the employee shall provide notice to the Company as is reasonable and practic f. Designation of the Leave The SEOPW CRA will notify the employee that leave has been d CRA may provisionally designate the employee's leave as certification or has not otherwise been able to confirm that th If the employee has not notified the SEOPW CRA of the that leave be counted as FMLA leave, the employee m Finance Department within two (2) business days of t an FMLA reason. g• le. ignated as FMLA leave. The SEOPW A leave if it has not received medical mployee's leave qualifies as FMLA leave. ason for the leave, and the employee desires notify the Executive Director or designee and employee's return to work that the leave was for Required Documentation fo MLA Leave When leave is taken to care for a family ' ember as defined in this policy, the SEOPW CRA may require the employee to provide documentatio .r a statement of family relationship (e.g., birth certificate or court document). An employee may be required submit medical certification from a health care provider to support a request for FMLA leave for e employee's or a family member's serious health condition. Medical certification forms are avail.. e from the Finance Department. Such certification shall be provided to the SEOPW CRA thirty (30) • ays before the leave when foreseeable, or as far in advance of the leave as practicable. When the ave is not foreseeable, the employee must provide the requested certification to the employer within • fteen (15) days, unless it is not practicable under the circumstances, despite the employee's diligen d good faith efforts. If the SEOPW ' ' • has reason to doubt the employee's initial certification, the SEOPW CRA may require the employe: at the employer's expense, to obtain a second opinion from a health care provider designated or approv- . by the employer. If the initial and second certifications differ, the SEOPW CRA may, at its expense equire the employee to obtain a third final and binding certification from a health care provider desig ed or approved by the employer and the employee. D . •ng FMLA leave, the SEOPW CRA may require that the employee provide recertification of a serious ealth condition at reasonable intervals. In addition, during FMLA leave, the employee must provide the SEOPW CRA with periodic reports regarding the employee's status and intent to return to work. If the 32 SUBSTITUTED EXHIBIT "B" 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 SEOPW CRA with reasonabl notice (i.e., within two (2) business days) of the employee's changed circumstances and new return to w date. If the employee gives the SEOPW CRA notice of the employee's intent not to return to wor the employee will be considered to have voluntarily resigned. Before the employee returns to work from FMLA leave for the employee's own serious healtcondition, the employee may be required to submit a fitness for duty certification from the employe-.' health care provider, with respect to the condition for which the leave was taken, stating that the em ► oyee is able to resume work. FMLA leave or return to work may be delayed or denied if the appropriate docume ation is not provided promptly. Also, a failure to provide requested documentation of the reason for . . . sence from work may lead to discipline up to and including suspension without pay and termination e ' employment. h. Use of Paid and Unpaid Leave If an employee has paid leave for which they are eligible (e.g., persona said leave shall run concurrently with FMLA leave taken. Any pa reason will be charged against an Employee's entitlement to FML or workers' compensation injury/illness, provided it meets FM leave for unpaid leave does not extend the 12 workweeks (or 2 For example, if an employee has 2 weeks of personal time o first three weeks of 12-week FMLA leave shall be paid f remaining 9 weeks FMLA leave shall be unpaid. i. Maintenance of Health Ben its me off, sick leave, personal leave), leave used for an FMLA qualifying eave. This includes leave for disability requirements. The substitution of paid orkweeks, where applicable) leave period. me, and 1 week of sick leave, the employee's m said personal time off and sick leave, and the During FMLA leave an employee is e led to continued group health plan coverage under the same conditions as if the employee had conti • , ed to work. To the extent that an employee's FMLA leave is paid, the employee's portion of health ins ance premiums may be deducted from the employee's salary. For the portion of FMLA leave that i , • paid, the employee's portion of health insurance premiums may be paid as agreed to by the SEOP RA and the employee. If the employee's payment of health insurance premiums is more than 30 da . late, the SEOPW CRA may discontinue health insurance coverage upon notice to the employee. j. Retur rom FMLA Leave Upon return from ' LA leave, the SEOPW CRA will place the employee in the same position as the employee held ' -fore the leave or an equivalent position with equivalent pay, benefits and other employment t- s. Limitations on Reinstatement An e ' .loyee is entitled to reinstatement only if they would have continued to be employed had FMLA lea not been taken. Thus, an employee is not entitled to reinstatement if, because of a layoff, reduction i . orce or other reason, the employee is not employed at the time job restoration is sought. The SEOPW RA reserves the right to deny reinstatement to salaried, eligible employees who are among the highest 33 SUBSTITUTED EXHIBIT "B" paid 10% of the SEOPW CRA's employees (Key Employees) if such denial is necessary to prevent substantial and grievous economic injury to the SEOPW 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 employ: will be considered to have voluntarily resigned. The SEOPW CRA may recover health insurance pre • ms that it paid on behalf of the employee during any unpaid FMLA leave except that the SEOPW C' • 's share of such premiums may not be recovered if the employee fails to return to work because of ti employee's, a family member's or a covered service member's serious health condition or because of o er circumstances beyond the employee's control. In such cases, the SEOPW CRA may require the ployee to provide medical certification of the employee's or the family member's serious health cond on. 8. Maternity/Paid Parental Leave The SEOPW CRA will provide up to eight (8) weeks of paid parental le e to employees following the birth of an employee's child or the placement of a child with an employ-- in connection with adoption or foster care. The purpose of paid parental leave is to enable the e oyee to care for and bond with a newborn or a newly adopted or newly placed child. Paid Parental L:. ve will run concurrently with Family and Medical Leave Act (FMLA) leave, as applicable. a. Eligibility 1. Eligible employees must meet tfollowing criteria: • Have been employed with ' company for at least 12 months (the 12 months do not need to be consecutiv • Have worked at least 1 0 hours during the 12 consecutive months immediately preceding the date th eave would begin. • Be a full- or part-ti e, regular employee (temporary employees and interns are not eligible for t . benefit). 2. In addition, ' ployees must meet one of the following criteria: • Have g • n birth to a child. • Be a ouse or committed partner of a woman who has given birth to a child. • Ha adopted a child or been placed with a foster child (in either case, the child st be age 17 or younger). b. Am i . nt, Time Frame and Duration of Paid Parental Leave Eligible employees will receive a maximum of eight (8) weeks of paid parental leave per birth, adoption or placement of a child/children. The fact that a multiple birth, adoption or placement occurs (e.g., the birth of twins or adoption of siblings) does not increase the eight (8) week total amount of paid parental leave granted for that event. In addition, in no case will an employee receive more than eight (8) weeks of paid parental leave in a rolling 12-month period, regardless of whether more than one birth, adoption or foster care placement event occurs within that 12- month time frame. 2. Each week of paid parental leave is compensated at 100 percent of the employee's 34 SUBSTITUTED EXHIBIT "B" regular, straight -time weekly pay. Paid parental leave will be paid biweekly on regularly scheduled pay dates. 3. Approved paid parental leave may be taken at any time during the two (2) m th period immediately following the birth, adoption or placement of a child w the employee. Paid parental leave may not be used or extended beyond thi o (2) month time frame. 4. In the event of a female employee who herself has given birth; the : ght (8) weeks of paid parental leave will commence at the conclusion o any short-term disability leave/benefit provided to the employee for the empl ' ee's own medical recovery following childbirth. 5. Employees must take paid parental leave in one conti ' ous period of leave and must use all paid parental leave during the two (2) . onth time frame indicated above. Any unused paid parental leave will be fo '-ited at the end of the two (2) month time frame. 6. Upon the individual's employment at the co pany's termination, they will not be paid for any unused paid parental leave f which they were eligible. c. Coordination with Other Policies Paid parental leave taken under t s policy will run concurrently with leave under the FMLA; thus, any leave ta, n under this policy that falls under the definition of circumstances qualifyin_ 'er leave due to the birth or placement of a child due to adoption or foster car, , the leave will be counted toward the 12 weeks of available FMLA leave •er a 12-month period. All other requirements and provisions under the MLA will apply. In no case will the total amount of leave —whether p. • or unpaid —granted to the employee under the FMLA exceed 12 week . uring the 12-month FMLA period. Please refer to the Family and Medical L- .ve Policy for further guidance on the FMLA. 2. After the ► :id parental leave (and any short-term disability leave for employees giving ► ) is exhausted, the balance of FMLA leave (if applicable) will be comp, sated through employees accrued sick and personal leave. Upon e stion of accrued sick and personal time, any remaining leave will be unpaid 1- . e. Please refer to the Family and Medical Leave Policy for further guidance n the FMLA. The company will maintain all benefits for employees during the paid parental leave period just as if they were taking any other company -paid leave such as personal leave or paid sick leave. 4. If a company holiday occurs while the employee is on paid parental leave, such day will be charged to holiday pay; however, such holiday pay will not extend the total paid parental leave entitlement. 5. If the employee is on paid parental leave when the company offers administrative leave known as an "admin day"), that time will be recorded as paid parental leave. 35 SU BSTITUTED EXHIBIT "B" Administrative leave will not extend the paid parental leave entitlement. 6. An employee who takes paid parental leave that does not qualify for FMLA leav will be afforded the same level of job protection for the period that the emplo e is on paid parental leave as if the employee were on FMLA-qualifying lea 7 Please refer to the Adoption Benefit Policy for additional informatio employee benefits related to the adoption process. d. Requests for Paid Parental Leave out other 1. The employee will provide their supervisor and the hu resource department with notice of the request for leave at least 30 days p to the proposed date of the leave (or if the leave was not foreseeable, as soo : s possible). The employee must complete the necessary Human Resours forms and provide all documentation as required by the Human Resour s Department to substantiate the request. 2. As is the case with all company policies, t organization has the exclusive right to interpret this policy. 9. LEAVE OF ABSENCE WITHOUT PAY a. Generally Should a situation arise that temporarily prevents -, employee from working, they may be eligible for a personal Leave of Absence without pay. Howev- , employees must be employed for at least 3 months prior to the requested leave. The provisions of this L, .ve of Absence without Pay is different from FMLA Leave. Any request for a leave of absence witho •ay must be submitted in writing as far in advance as possible and it will be reviewed on a case-by-c- .e basis by the Executive Director. The decision to approve or disapprove is based on the circumstan' s, the length of time requested, the employee's job performance and attendance and punctuality record, reasons for the leave, the effect the employee's absence will have on the work in the department, an e expectation that the employee will return to work when the leave expires. Leaves of absence will be onsidered only after all personal time off, sick, and compensatory time have been exhausted. b. Co inuing Benefit Plan Coverage While on a per .nal unpaid leave of absence employee's medical coverage will end on the 1st day of the month follo g the start of such leave. Employees will have the opportunity of continuing their benefits for a maxi ' um period of 18 months by paying monthly premiums as required by COBRA legislation. Unempls; ent Insurance benefits cannot be collected while on a leave of absence without pay. Salary Action ny planned salary increases for an employee returning from an unpaid leave of absence without pay will be deferred by the length of the leave. 36 SUBSTITUTED d. Performance Appraisal EXHIBIT "B" The normal performance appraisal date of an employee on an unpaid leave of absence without pay extended by the length of the leave. e. Returning/Not Returning from a Leave of Absence Due to the nature of our business, the SEOPW CRA cannot guarantee either that an em remain available or that a comparable position will exist when return from unpaid leav an employee is ready to return from a leave of absence without pay, the SEOPW reinstate the employee to their former position or to one with similar responsibi es. position or a similar position is not available, the employee will be terminated. If an employee does not return from an unpaid leave of absence without pay, day of the authorized leave period or the date the employee notifies their returning, whichever is sooner. 10. DOMESTIC VIOLENCE LEAVE POLICY a. Eligibility yee's job will s sought. When will attempt to However, if the e termination date is the last ervisor/manager they are not Eligible employees are provided up to 3 days unpaid leavin any 12-month period if the employee or a family or household member of the employee is the vic of domestic violence. An employee may use the leave for one of the following reasons: 1. To seek an injunction injunction for protecti sexual violence; protection against domestic violence or an in cases of repeat violence, dating violence or 2. To obtain medi care or mental health counseling, or both, for the employee or family or household member to address physical or psychologicinjuries resulting from the act of domestic violence; 3. To obtai services from a victim -services organization, including but not limite • o, a domestic violence shelter or program or a rape crisis center as a re . t of the act of domestic violence; 4. ' . make the employee's home secure from the perpetrator of the domestic violence or to seek new housing to escape the perpetrator; or To seek legal assistance in addressing issues arising from the act of domestic violence or to attend and prepare for court related proceedings arising from the act of domestic violence. Additiony, an employee seeking leave under this policy must: 1. Have been employed by the SEOPW CRA for 3 months or longer; 2. 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 the SEOPW CRA with at least 14 days advance notice or such shorter 37 SUBSTITUTED EXHIBIT "B" notice as is practicable (i.e., within 1 or 2 business days of learning of the need for the leave); 3. In cases of imminent danger to the health or safety of the employee, or the health or safety of a family or household member, must provide notice of the need for leave to the SEOPW CRA as soon as practicable (i.e., withi 1 or 2 business days of learning of the need for the leave); 4. Provide the SEOPW CRA with sufficient documentation, to tsole satisfaction of the SEOPW CRA, of the act of domestic viole' e (e.g., police report, court record, proof of assistance from a soc . services agency, etc.); and 5. Exhaust all annual or personal time off leave, sick lee, compensatory time, if applicable, before using any leave under this • licy. All information relating to an employee's leave under this policy shall • . ept confidential, to the extent provided by law. This Policy does not limit the SEOPW CRA's r t to discipline or terminate any employee for any lawful reason and does not affect the at -will nature .f employee's employment. b. Definitions For purposes of this Policy: • "Domestic Violence" means an assault, aggravated assault, battery, aggravated battery, sexual assault, sexual b. ' -ry, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminoffense resulting in physical injury or death of one family or household memb •y another family or household member, or any crime, of which the underlying tual basis has been found by a court to include an act of domestic violence. • "Family or House • d Member" means spouses, registered domestic partner, former spouses, persons . elated by blood or marriage, persons who are presently residing together as if a mily or who have resided together in the past as a family, and persons who are par- s of a child in common regardless of whether they have been married. Except fo •ersons who have a child in common, the family or household members must be siding or have resided together in the same single dwelling unit. ■ "Vi' m" means any individual who has been subjected to domestic violence. E. EMPLOYEE BENEFITS 1. DISC IMER The SEOP CRA has established a variety of employee benefit programs designed to assist you and your eligible s pendents in meeting the financial burdens that can result from illness and disability, and to help you pl for retirement. This portion of the Handbook contains a very general description of the benefits to w ch you may be entitled as an employee of the SEOPW CRA. Please understand that this general e , anation is not intended to, and does not, provide you with all the details of these benefits. Therefore, is 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 38 SUBSTITUTED EXHIBIT "B" your examination from the Finance Depaitnient. 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 wil govern in all cases. Please note that nothing contained in the benefit plans described herein shall be held or construed t► reate a promise of employment or future benefits, or a binding contract between the SEOPW C' i and its employees, retirees or their dependents, for benefits or for any other purpose. All employees all remain subject to discharge or discipline to the same extent as if these plans had not been put into e ' ct. As in the past, SEOPW CRA reserves the right, in its sole and absolute discretion, to end, modify or terminate, in whole or in part, any or all of the provisions of the benefit plans descri ► d herein, including any health benefits that may be extended to retirees and their dependents, consiste ' with applicable law. Further, the SEOPW CRA reserves the exclusive right, power and authority, its sole and absolute discretion, to administer, apply and interpret the benefit plans described here i►, 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, pl which were provided to you separately or contact the Finance Depa descriptions, please contact the Finance Department for a copy. 2. HEALTH AND DENTAL INSURANCE se refer to the Plan Descriptions, nt. If you lost or misplaced those The SEOPW CRA provides medical and dental insurance c► erage for all eligible employees, in accordance with the terms of the plan description, or as determin:by the Executive Director. Your election is generally fixed for the remainder of the plan year. Ho ever, if you undergo a change in family status (as defined in the plan description), you may make a id -year change in coverage (i.e., you may change coverage from individual to family or from fa to individual, add or delete dependents, or revoke coverage) provided you do so within the timef ' e provided by the plan description. Please contact the Finance Depaitnient to determine if a family .tatus change qualifies under the plan description and IRS regulations. At the end of each calendar year, durin pen enrollment, you are free to change your medical elections (including your choice of medical c. s) for the following calendar year, whether you have a change in family status. The Finance Depnt will help you make the necessary enrollment arrangements. A complete description of the plan s provided to each employee as plan descriptions and appropriate supplements. Medical insurance coverage only available to employees after the initial 90 days of employment. 3. 401(k) PLAN/• .7 PLAN The SEOPW C• •ffers a 401(k) plan, a voluntary pre-tax salary reduction plan, in which regular full- time employees ay elect to participate beginning with the first payroll period administratively feasible after emplo t. Employees may also wish to learn about the 457 Plan offered by the SEOPW CRA. Further deta about the 401(k) and/or 457 plans may be obtained from the Finance Department and the plans' do .1 ent. Contributions or matching by the SEOPW CRA may change at the discretion of the Executi Director based upon budgetary priorities. WORKERS' COMPENSATION BENEFITS e SEOPW CRA is covered under Florida's Workers' Compensation Laws. Should you sustain a work - related injury, you must immediately notify your supervisor and the Finance Department. Should your 39 SU BSTITUTED EXHIBIT "B" 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 Finance Department will provide th Referral Unit's telephone number. In an emergency, you should go to the nearest hospital emergency ro for treatment and then use the Network Referral Unit if more treatment is needed. 5. TUITION REIMBURSEMENT Regular, full-time employees will become eligible for tuition reimbursement upon comple +n of the 90 days of consecutive employment. If the Executive Director agrees to support an employee's academic efforts and believe hat the employee's general job performance warrants such belief, the SEOPW CRA will partially reim se the employee for tuition for certain courses, degree, professional or certification programs thit believes, in its sole discretion, are job -related. Eligible courses must be directly and substantia related to an employee's improving productivity in their current job. Costs for textbooks and mat als will not be reimbursed to the employee. The amount an employee receives will depend on the E • cutive Director's approval and upon the grade received and will not exceed an annual reimbursement of . -ven thousand dollars ($7,000.00) per fiscal year. An employee will be required to enter into a re bursement agreement agreeing to reimbursement the SEOPW CRA for any tuition reimbursement ceived should the employee leave the employment of the SEOPW CRA within twelve (12) months of ceiving reimbursement. To receive tuition reimbursement, an employee must sub a written request to the Executive Director. Said request must be approved before the course begins. ince the employee receives their grade or proof of program completion, the employee must submit . inal tuition bill/invoice and the final grades or certificate of completion to the Finance Department f review. The employee must receive a "C" or higher (or equivalent grading on some other scale) in the •.urse to qualify for reimbursement. If an employee resigns or is terminated be re receiving a grade or completing the coursework or certification program, the employee will ns se reimbursed for tuition expenses. If an employee resigns within twelve (12) months after receiving imbursement, the value of the reimbursement shall be deducted from the employee's final paycheck. Notwithstanding the aforementio d, the Executive Director has the sole discretion to suspend the implementation of this policy ba d upon budgetary priorities. F. ON THE JOB 1. ATTENDANC ' . PUNCTUALITY AND DEPENDABILITY Because the SEOP CRA depends heavily upon its employees, it is important that employees attend work as scheduled. D .endability, attendance, punctuality, and a commitment to do the job right are always essential. As ch, employees are expected at work on all scheduled workdays and during all scheduled work hours d to report to work on time. Moreover, an employee must personally notify their supervisor or the Fin. ce Department as far in advance as possible but not later than one hour before their scheduled starting e if they expect to be late or absent. This policy applies for each day of their absence. An empli , ee who fails to contact their immediate supervisor or the Finance Department may be con • i ered to be voluntarily resigning from the SEOPW CRA. The employee's supervisor keeps a c . - ful record of absenteeism and lateness and becomes part of the personnel record. To the extent permitted y law, absenteeism and lateness lessen an employee's chances for advancement and may result in suspension without pay and dismissal. 40 SUBSTITUTED EXHIBIT "B" 2. REMOTE WORK POLICY SEOPW CRA considers working remotely to be a viable alternative work arrangement in cases ere individual, job and supervisor characteristics are well suited to such an arrangement. According , the SEOPW CRA provides eligible employees with the opportunity to work remotely. Working fro ' ome is a privilege, not a job entitlement and requires prior managerial approval for both regular . r a irregular working from home, except in emergency circumstances. Anytime you work remotely you m .t ensure you follow all our work from home guidance outlined below. The SEOPW CRA will determine the viability of remote work arrangements on a case - consider a variety of factors including, but not limited to, the employee's am interaction with others (employees, clients, and vendors), the employee's to hardship on other team members, the employee's job performance, and the independently. When an employee is granted the opportunity to work remotely, the em shall determine the minimum equipment and software necessary for th from the remote location in a timely, efficient and professional m (if any) shall be provided by the SEOPW CRA, the supervisor SEOPW CRA as to appropriateness and availability. a. Working Remotely Employees authorized to work remotely must adhe to the following guidelines: 1. You will perform all job duties at ast at a high-performance level. 2. You will maintain normal int- . ctions with your supervisor, co-workers, or team members. -case basis. It will t of daily personal nical capabilities, any ployee's ability to work oyee and employee's supervisor mployee to complete assignments er. In determining which equipment consult other departments within the 3. Your schedule will not a ersely affect the ability of other company employees, your team and other teams to pe their jobs. 4. As business needs ange and with reasonable notice, you will be expected to adjust your work schedule tmeet department needs. 5. You will us' your laptop camera to be present in all virtual meetings. 6. You w be active on the SEOPW CRA communications platform and notify your team whe ou need to step away for an extended period of time. 7. orking from home is not designated as a substitute for child, elder, or other dependent care. Employees with caretaking responsibilities must make appropriate arrangements for their dependents to be supervised away from the work area during work hours. You will establish a safe and appropriate work environment for remote work purposes, which includes implementing good information security practices at your remote work location and ensuring the protection of proprietary SEOPW CRA and customer information accessible from your remote work location in accordance with the SEOPW CRA's policies. 41 SUBSTITUTED EXHIBIT "B" 9. All your obligations and responsibilities, and terms and conditions of employment, with the company remain unchanged. 10. You will, at your own expense, maintain high speed Internet service at your remote ork location. 11. When working in a public area, you must take all reasonable steps to nsure the confidentiality and security of any confidential information. You should e ' .ure that any documents/laptop screens are, as much as possible, not visible to membe of the public. You will also be required to observe the conditions set out in any o ' r SEOPW CRA policies regarding data security and confidential information. 12. Any non-compliance with this agreement may result in modifica •n or termination of the flexible work arrangement or your employment. b. Additional Guidelines: 1. You are expected to be in the office on any day that -person attendance is requested or required. 2. You must request to work from home as far i . dvance as possible but at least the night before unless it is an absolute emergenc The request must be submitted to your supervisor. Generally, texting the mornin .f is not acceptable and impacts the rest of the team. You are expected to keep your cale ' ar up to date and indicate when you are working from home. 3. Employees who work remotely . responsible for paying ongoing operating costs associated with their remote wor locations, costs associated with non -company issued phone services, high-speed I rnet fees, utility costs and homeowner's or renter's insurance. 4. Unless expressly authori d to do so, an employee may not purchase or rent equipment on behalf of the SEOPW 3. DRUG & ALCOHOL A : SE The manufacture, distribution ispensation, possession, or use of any illegal drug, alcohol, or controlled substance while on SEOP CRA premises is strictly prohibited. These activities constitute serious violations of SEOPW C rules, jeopardize the SEOPW CRA and can create situations that are unsafe or that substantially interf with job performance. Employees violating the policy are subject to appropriate disciplinary action, i • luding termination. Additionally, SEOPW CRA reserves the right to require an employee to under,. . a medical evaluation under appropriate circumstances. Any employee who is arrested to a criminal dru ', or alcohol related offense must report it to the Executive Director and supervisor within three (3) days ' the arrest. Any employee who is convicted (including a term of probation or community control) or aees to enroll in a pre-trial diversion program for a drug or alcohol related offense must report it to the E; cutive Director and supervisor on the same day of the case disposition. 42 SUBSTITUTED EXHIBIT "B" The SEOPW 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 designe solely for our employees' benefit to provide reasonable safety on the job and protection from offend g individuals. In addition, this program attempts to meet our responsibility to the public, whom we e. Drugs and alcohol tests will be administered under the following conditions: • when an employee shows signs of impairment on the job (i.e., reasonable suspicion); • after any accident or occurrence on the job when it appears that the employee mi t reasonably have avoided the accident or minimized the consequences, but did not do so; • and special risk or mandatory testing positions will be required to pass a pre-- ployment drug - screening test as a condition of employment. Em s to ees who refuse to submit to dru • and alcohol testin • will be termina Nothing herein shall alter the at -will employment relationship. Employme ay be terminated either by the SEOPW CRA or the employee at any time, for any reason or no reaso . . t all. Employees should refer to SEOPW CRA's Drug and Alcohol Free W i place Policy for more information about SEOPW CRA's policies and procedures. 4. APPEARANCE AND CONDUCT The SEOPW CRA expects employees to always maintai should always appear professional. The SEOPW C promote efficiency, productivity, and cooperation operations of the SEOPW CRA require that employ s Employees who fail to maintain proper stand public, or who violate any of the SEOPW C to and including suspension without pay neat, well-groomed appearance. Employees equires order and discipline to succeed and to ong its employees. The orderly and efficient maintain proper standards of conduct. s of conduct toward their work, their co-workers, or the s policies, are subject to appropriate disciplinary action, up discharge. All instances of misconduct should be ferred to the Executive Director or designee immediately. 5. ANTI -NEPOTISM PO The employment of relatives, current SEOPW CRA emp interest, family discord and its employees. partner or dating ac omestic partners, or those in a casual or committed dating relationship with ee can cause various problems, including charges of favoritism, conflicts of scheduling conflicts that work to the disadvantage of both the SEOPW CRA efore, it is the policy of the SEOPW CRA not to hire a close relative, domestic intance (casual or committed) of any current employee in any capacity. For purposes o this policy, the term "close relative" includes the following relationships, whether established by .lood, marriage, or other legal action: mother, father, husband, wife, son, daughter, sister, brother, mo . er-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law, daughter-in-law, step -child, aunt, unc '., nephew, niece or cousin, grandparents, and grandchildren. This policy shall also apply to the domes partners, any person who is engaged to be married to an employee or who otherwise self -identifies as, o s generally known as, the person who the employee intends to marry or with whom the employee int: ds to form a household; any other person having the same legal residence as the employee; or any son in a casual or dating relationship with a SEOPW CRA employee. 43 SUBSTITUTED EXHIBIT "B" 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 the will resign and will be required to inform the SEOPW CRA of their decision within a 30-day period fr notice of the violation. If the employees cannot decide, the SEOPW CRA will decide in its sole disc ion who will remain employed. 6. NON -FRATERNIZATION POLICY The purpose of this policy is to recognize the SEOPW CRA's responsibility to promote a fa . nd productive work environment for everyone and to provide guidelines and restrictions applicable to e employment of individuals engaged in close personal relationships (fraternization). Potential problem •osed by dating and romance in the workplace may include conflicts of interest, sexual harassment and d ord that can interfere with the productivity of employees and/or the proper conduct of SEOPW CRA b .mess. By its discouragement of romantic and sexual relationships, the SEOPW C does not intend to inhibit the social interaction (such as lunches or dinners or attendance at entertai I ent events) that are or should be an important part or extension of the working environment; and the p► icy articulated above is not to be relied upon as justification or excuse for a supervisor's/manager's refusto engage in such social interaction with employees. a. Definitions Close personal relationship - A close personal re and/or having an intimate sexual relationship. D dating, serious dating, casual sexual involve carrying on a long-term relationship, coh normally associated with romantic or regardless of the sexual orientation or b. Reporting and Complian ionship includes dating, cohabitation, ng includes, but is not limited to, casual nt where the parties have no intention of itation and any other conduct or behavior xual relationships. This definition applies der of the employees involved. 1. If a romanti or sexual relationship between a supervisor/manager and an employee s ld develop, it shall be the responsibility and mandatory obligation of the sup, isor/manager to promptly disclose the existence of the relationship to the Exe tive Director. The employee may also make the disclosure, but the burde of doing so shall be on the supervisor/manager. 2. P ectors, managers, supervisors or other SEOPW CRA officials shall not ecommend or advocate the appointment, employment, promotion or advancement in or to any position in the SEOPW CRA of any individual with whom they have a close personal relationship. Directors, managers, supervisors or other SEOPW CRA officials are prohibited from having close personal relationships with their subordinate personnel. Any such existing relationship must be disclosed by both employees to the Executive Director and Human Resources so that immediate steps, such as transfer, voluntary resignation or dismissal from employment, can be taken to resolve conflict with this policy. 44 SUBSTITUTED EXHIBIT "B" 4. Individuals shall not be selected for any position in, or transfer to, the same unit or department where they have a close personal relationship with an employee wh serves as in a supervisory capacity. 5. Non -managerial or supervisory employees within a department also discouraged from having close personal relationships with co-workers. 11 such relationships must be disclosed by both employees to the Department P rector and may result in requiring that the employee's work different sh s; that one employee be transferred to a different department; that one empls, ee be assigned to another facility, squad, division, or work unit; or other actio ► determined to be appropriate by the SEOPW CRA. 6. Upon being informed or learning of the existence of . ch a relationship, the SEOPW CRA may take all steps that it, in its discreti e.. , deems appropriate. At a minimum, the employee and supervisor/manager w not thereafter be permitted to work together on the same matters (includi matters pending at the time disclosure of the relationship is made), and the s servisor/manager must withdraw from participation in activities or decisions eluding, but not limited to, hiring, evaluations, promotions, compensation, w , k assignments and discipline) that may reward or disadvantage any employe with whom the supervisor/manager has or has had such a relationship. 7. In addition, to enable the SEOP RA to deal effectively with any potentially adverse consequences such a rel ionship may have for the working environment, any employee who believes at they have been adversely affected by such a relationship, notwithstandi _ its disclosure, should make their view about the matter known to the Exec ive Director. 8. This policy shall app without regard to gender and without regard to the sexual orientation of the . A cipants in a relationship of the kind described. 9. Failure to disc .se the relationship's existence, in accordance with this policy, may lead to . isciplinary action up to and including termination. c. Employee Con 1. Du ' g working time and in working areas, employees are expected to conduct t, -mselves in an appropriate workplace manner that does not interfere with others I with overall productivity. During non -working time, such as lunches, breaks, and before and after work periods, employees engaging in personal exchanges in nonwork areas should observe an appropriate workplace manner to avoid offending other workers or putting others in an uncomfortable position. 3. Employees are strictly prohibited from engaging in physical contact that would in any way be deemed inappropriate in the workplace by a reasonable person while anywhere on SEOPW CRA premises, whether during working hours or not. 4. Employees who allow their personal relationships with co-workers to adversely affect the work environment will be subject to disciplinary action as determined 45 SUBSTITUTED EXHIBIT "B" by the Executive Director. Failure to maintain expected work responsibilities and office decorum is viewed as a serious disciplinary matter. 5. Employee off -duty conduct is generally regarded as private, if such conduct ' yes not create problems within the workplace. An exception to this principle, ho - ever, is romantic or sexual relationships between directors, supervisors or man. _ers and their subordinates (direct or indirect). 6. When a conflict -of -interest or potential risk is identified due to a co ' . sany official's relationship with a co-worker, the SEOPW CRA will work ith the parties involved to consider options for resolving the problem. The itial solution may be to make sure the parties no longer work together on ma rs where one is able to influence the other or act for the other. Matters uch as hiring, firing, promotions, performance management, compensatio • decisions and financial transactions are examples of situations that may re S 4 re reallocation of duties to avoid any actual or perceived reward or disadv tage. In some cases, other measures may be necessary, such as the transf• of one or both parties to other positions and departments within the SEOPW RA. If one or both parties refuse to accept a reasonable solution to the con ct of interest, such refusal will be deemed a voluntary resignation. 7. Failure to cooperate with the SEOPW ' • to resolve a conflict or problem caused by a romantic or sexual relations ► I between co-workers or among managers, supervisors or others in positions . authority in a mutually agreeable fashion may be deemed insubordination . result in disciplinary action up to and including termination. 8. The provisions of this .licy apply regardless of the sexual orientation of the parties involved. 9. Where doubts ex as to the specific meaning of the terms used above, employees should make j ments based on the overall spirit and intent of this policy. 10. Any conce s about the administration of this policy should be addressed to the Finance ' epartment or the Executive Director. d. Violations s this Policy Any employee found to de in violation of this policy is subject to disciplinary action up to and including termination dependin t •n the circumstances. An individual who is employed, promoted or advanced as the result of a director' anager's or supervisor's violation of this policy shall, at a minimum, be returned to the status occupi- prior to the violation. Should an employee which e CRA. e ' .loyee not accept an offer to transfer to another division or department, as applicable, the ay be dismissed. It shall be within the sole discretion of the Executive Director to determine loyee to dismiss based on the underlying circumstances and in the best interests of the SEOPW VIOLENCE IN THE WORKPLACE 46 SUBSTITUTED EXHIBIT "B" The SEOPW 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 superviso and/or the Executive Director or designee. All complaints will be fully investigated. The SEOPW CRA will promptly respond to any incident or suggestion of violence. Violation of this .olicy will result in disciplinary action, up to and including suspension without pay and/or immediate di arge. To maintain the safety and security of its employees and guests, the SEOPW CRA prohibits t, possession of weapons in its offices. Additionally, while on duty, employees may not carry a weapo s f any type on their person. Examples of banned weapons include handguns, stun guns, knives, mace, -llet guns, rifles, batons and blackjacks. 8. ACCIDENTS AND EMERGENCIES Maintaining a safe work environment requires the continuous cooperation of employees. The SEOPW CRA strongly encourages employees to communicate with fellow employee ' and their supervisor regarding safety issues. All employees will be provided with care, first -aid and emergenc service, as required, for injuries or illnesses while on SEOPW CRA premises. Employees shoul• contact their supervisor, the nearest supervisor, and/or 911 in an accident or emergency. If an employee is injured on the job, the SEOPW CRA p ides coverage and protection in accordance with the Worker's Compensation Law. When an injury is . stained at work, it must be reported immediately to the employee's supervisor, who will notify the Fin, ce Department of the incident. Failure to report accidents is a serious matter as it may preclude an ployee's coverage under Worker's Compensation Insurance. 9. OPEN DOOR POLICY The SEOPW CRA promotes an atmo management. Employees are encour appropriate action may be taken. available for consultation and gui happiness with us. We, therefor This Policy does not replace Harassment Policy in this h ere whereby employees can talk freely with members of ed to openly discuss any problems with their supervisor so he supervisor cannot be of assistance, the Executive Director is ce. The SEOPW CRA is interested in our employees' success and welcome the opportunity to help employees whenever feasible. e complaint procedure contained in the Non -Discrimination and Anti- dbook. I 10. USE OF . LLETIN BOARDS Bulletin bo the follow s maintained by the SEOPW CRA are to be used only for posting or distributing material of nature: notices containing matters directly concerning SEOPW CRA business; announcements of a business nature which are equally applicable and of interest to employees. 47 SUBSTITUTED EXHIBIT "B" 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 fort in all posted notices. Employees are not to remove material from the bulletin boards. 11. COMPUTER AND TELEPHONE SYSTEMS POLICY The computer hardware, software, electronic mail, voice mail, telephone and other computer o electronic communication or data storage systems ("Computer and Telephone Systems") are the prope of SEOPW CRA. Every employee is responsible for using the Computer and Telephone Systems operly and in accordance with this policy. Any questions about this policy should be address- to the Finance Department. The SEOPW CRA has provided the Computer and Telephone Systems for use CRA's business. All communications and information transmitted by, receiv systems are records and property of SEOPW CRA. The Computer and Tele for the SEOPW CRA purposes only. Excessive use of the Computer and purposes is prohibited. a. No Expectation of Privacy onducting the SEOPW from, or stored in these one Systems are to be used ephone Systems for personal Employees have no right to personal privacy in any matter sto d in, created, received, or sent over the Computer and Telephone Systems. The SEOPW CRA has t right, but not the duty, to monitor any and all of the aspects of its Computer and Telephone Syst-, . s, including, without limitation, reviewing documents created and stored on its Computer and Tele ' one Systems, deleting any matter stored in its Computer and Telephone Systems (including, witho limitation, its e-mail, texts, database and word processing systems), monitoring sites visited by e • . oyees on the Internet, monitoring chat and news groups, reviewing material downloaded or uploade •y users to the Internet, and reviewing e-mail sent and received by users. Further, the SEOPW CRA m. exercise its right to monitor its Computer and Telephone Systems for any reason and without the permi on of any employee. Employee use of the SEOPW CRA's Computer and Telephone Systems constitut=. consent to all the terms and conditions of this policy. Even if employees use a password to ac' ss any of the SEOPW CRA's Computer and Telephone Systems, the confidentiality of any message sted in, created, received, or sent from the Computer and Telephone Systems still cannot be assured. U of passwords or other security measures does not diminish SEOPW CRA's rights to access materials its systems or create any privacy rights of employees in the messages and files on the systems. Any . ssword used by employees must be revealed to the SEOPW CRA as files may need to be accessed in . ' -mployee's absence or for any other reason that the Executive Director deems appropriate. b. Prof • ional Use of Computer and Telephone Systems Required The SEOPW C' s policies against discrimination and harassment, sexual or otherwise, apply fully to its Computer and ' lephone Systems, and any violation of those policies is grounds for discipline up to and including dis' arge. Therefore, no e-mail messages should be created, sent, or received if they contain intimidatin. , hostile, or offensive material concerning race, color, religion, gender/sex, age, national origin, disabili genetic information, pregnancy, sexual orientation, marital status, or any other classification protec 1 by law. Similarly, fraudulent material, harassing, embarrassing, sexually explicit, profane, obs e, intimidating, defamatory, or otherwise unlawful, inappropriate, offensive (including offensive m erial concerning sex, race, color, national origin, religion, age, disability, genetic information, egnancy, sexual orientation, marital status or other characteristic protected by law) may not be downloaded from the Internet or displayed or stored in the SEOPW CRA's computers. Employees 48 SUBSTITUTED EXHIBIT "B" encountering or receiving this kind of material should immediately report the incident to the Executive Director or designee. The SEOPW CRA may (but is not required) use software to identify inappropriate or sexually e icit Internet sites. Such sites may be blocked from access by the SEOPW CRA and/or the City of i ami's networks. Notwithstanding the foregoing, the SEOPW CRA is not responsible for material wed or downloaded by users from the Internet. The Internet is a worldwide network of computers • • t contains millions of pages of information. Users are cautioned that many of these pages include offe ve, sexually explicit, and inappropriate material. In general, it is difficult to avoid at least some contact h this material while using the Internet. Even innocuous search requests may lead to sites with highly , fensive content. In addition, having an e-mail address on the Internet may lead to receipt of unsolicit. 4 e-mail containing offensive content. Users accessing the Internet do so at their own risk. Emp yees who encounter inappropriate or sexually explicit material while browsing on the Internet shoul mmediately disconnect from the site, regardless of whether the site was subject to SEOPW CRA's blo mg software. The Computer and Telephone Systems may not be used to solicit fo ' religious or political causes, commercial enterprises, outside organizations, or other non -job -related 'citations. The Computer and Telephone Systems shall not be used to send, upl materials, trade secrets, proprietary financial information, confi without prior authorization from the Executive Director. Em information is copyrighted, proprietary, or otherwise inappro favor of not transferring the information and consult the S Director. Employees are reminded to be courteous to other mails and texts are sometimes misdirected or fo intended recipient. Users should write e- responsibility than they would use for lette'. or letterhead. c. Limitations on Intern Use Although the SEOPW CRA recogn business, employees may not en prior approval from the Exec "Surfing the Net," playing g savers, are not legitimate d, receive, or download copyrighted ntial information or similar materials yees, if uncertain about whether certain ate for transfer, should resolve all doubts in PW CRA's counsel, through the Executive s em users and always to behave professionally. E- arded and may be viewed by people other than the communications with no less care, judgment and internal memoranda written on the SEOPW CRA's es that the Internet may have useful applications to the SEOPW CRA's e in Internet use (including but not limited to social media sites) without ve Director, and unless a specific business purpose requires such use. es, or downloading entertainment software, including wallpaper and screen siness activities, and therefore, strictly prohibited. Approval is required r ore anyone can post any information on commercial on-line systems or the Internet. Any approved mat- al that is posted should contain all proper copyright and trademark notices. Absent prior approval fr• the Executive Director or designee to act as an official representative of the SEOPW CRA, employ- s posting information must include a disclaimer in that information stating, "Views expressed b e author do not necessarily represent those of the SEOPW CRA. Without the express permissio • f their supervisors, employees may not send unsolicited e-mail to persons with whom they do not have . prior relationship. Social Media/Blogging/Social Networking 49 SUBSTITUTED EXHIBIT "B" The SEOPW 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 SEOPW CRA's interests and ensur 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, ' er or similar site during working time or at any time with the SEOPW CRA's equipment or p .erty. • All rules regarding confidential, exempt and proprietary business information apply i' full to blogs, web pages, social networking, twitter and similar sites. Any information that c. ot be disclosed through a conversation, a note or an e-mail also cannot be disclosed in a blo eb page, social networking, twitter or similar site. • Whether an employee is posting something on their own blog, web page, or similar site or on someone else's, if an employee mentions the SEO • cial networking, twitter CRA and also expresses either a political opinion or an opinion regarding the SEOPW C C 's actions, the poster must include a disclaimer which specifically states that the opinion expr sed is his/her personal opinion and not the SEOPW CRA's position. This is necessary to prese e SEOPW CRA's goodwill. • Be respectful of your potential readers and colleagues. Plea personal insults, libel or slander when commenting abo workers or the public. Please note that all SEOPW C sexual harassment and discrimination, apply to empl conduct which is impermissible under the law impermissible if expressed through a blog, web example, posted material that is discrimin threatening is forbidden. The SEOPW C do not use discriminatory comments, the SEOPW CRA, your superiors, co- s policies, including those on harassment, ee use of social networking and media. Any expressed in any other form or forum is ge, social networking, twitter or similar site. For ry, harassing, obscene, defamatory, libelous or s policies apply equally to employee blogging. The SEOPW CRA encourages all employees t• eep in mind the speed and way information posted on a blog, web page, social networking, twitter or liar site can be relayed and often misunderstood by readers. While an employee's free time is generally ot subject to any restrictions by the SEOPW CRA — except for the limited restrictions above — SEOPW r ' A prohibits employees from posting information regarding the SEOPW CRA or their jobs which coul. -mbarrass or upset co-workers, or which could detrimentally affect the SEOPW CRA's business. Fail to abide by this may lead to disciplinary action, up to and including termination. Employees with any questio and/or the Executive Direc should review the guidelines above and/or consult with their supervisor e. Maint Wing and Securing the Systems Files obtained fr► sources outside the SEOPW CRA, including disks brought from home; files downloaded fro ' the Internet, news groups, bulletin boards, or other online services; files attached to e- mail; and files .rovided by customers or vendors may contain dangerous computer viruses that may damage the SEOPW RA/City of Miami's computer network. Employees should never download files from the Internet, . cept e-mail attachments from outsiders, or use disks from non-SEOPW CRA source without first sc . ing the material with SEOPW CRA-approved virus checking software. If you suspect that a virus has b -n introduced into the SEOPW CRA's network, notify the City's IT Department immediately. f. Violations of Policy 50 SUBSTITUTED EXHIBIT "B" Any employee who discovers misuse of any of the Computer and Telephone Systems should immediately contact the Executive Director or designee. Violations of the SEOPW CRA's Computer and Telephon Systems policy may result in disciplinary action up to and including termination. The SEOPW C reserves the right to modify this policy at any time, with or without notice. Employees must sign the Computer and Telephone Systems Policy Acknowledgment Form as a ' endition of employment. The form is to be signed on acceptance of an employment offer by the SEOP CRA. 12. SOCIAL MEDIA POLICY At the SEOPW CRA, we understand that social media can be a fun and rewarding w to share your life and opinions with family, friends and co-workers around the world. However, the of social media also presents certain risks and carries with it certain responsibilities. To assist yo in making responsible decisions about your use of social media, we have established these guidelines appropriate use of social media. This policy applies to all employees who work for the SEOPW CRA a. Guidelines In the rapidly expanding world of electronic communication, social edia can mean many things. Social media includes all means of communicating or posting informati or content of any sort on the Internet, including to your own or someone else's web log or blog, j ' al or diary, personal web site, social networking or affinity web site, web bulletin board or a chat • om, whether or not associated or affiliated with Company, as well as any other form of electronic co unication. The same principles and guidelines found in the SEO ' CRA's policies apply to your activities online. Ultimately, you are solely responsible for what you ost online. Before creating online content, consider the risks and rewards that are involved. Keep in • d that any of your conduct that adversely affects your job performance, the performance of fellow ass • sates or otherwise adversely affects members, customers, suppliers, people who work on behalf of the EOPW CRA or the SEOPW CRA's legitimate business interests may result in disciplinary action, to and including termination. b. Know and Follow th ..' ules Carefully read these guidelines an, all the SEOPW CRA's employee policies to ensure your postings are consistent with these policies. • the SEOPW CRA's policies apply to the use of social media regardless of whether the employee is e ; . ged in social media during working time, on the SEOPW CRA's premises and/or through the employe own equipment. Please remember that the SEOPW CRA's anti -harassment and non-discrimination p► cies govern employee use of social media. Inappropriate postings that include discriminatory remarks arassment, and threats of violence or similar inappropriate or unlawful conduct will not be tolerated . d may subject you to disciplinary action, up to and including termination. c. Respectful Always be f and courteous to fellow employees, patients, suppliers or people who work on behalf of the SEOPW • . Also, keep in mind that you are more likely to resolve work related complaints by speaking directly ith your co-workers or by utilizing our Open Door Policy than by posting complaints to a social media •utlet. Y.0 must avoid using statements, photographs, video or audio that reasonably could be viewed as alicious, obscene, threatening or intimidating, that disparage the SEOPW CRA, co -employees, the public, or that might constitute harassment or bullying. Examples of such conduct might include offensive posts 51 SUBSTITUTED EXHIBIT "B" meant to intentionally harm someone's reputation or posts that could contribute to a hostile work environment based on 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 yo make a mistake, correct it quickly. Be open about any previous posts you have altered. Remember that e 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 embers of the public that you create, receive or of which you become aware during your employmen You must not disclose trade secrets, confidential proprietary or privileged information or attorney-cl t privileged information. Maintain the exempt status of records or documents deemed under Chapter 1 •, Florida Statutes. Employees are prohibited from creating a link from the employee's per nal blog, website or other social networking site to the SEOPW CRA's website unless they received tten approval from the Executive Director. Express only your personal opinions. You may not post anytg in the name of SEOPW CRA or in a manner that could be attributed to the SEOPW CRA wi out prior written authorization. Without authorization, you may never represent yourself as a spok- . .erson for the SEOPW CRA. If the SEOPW CRA is a subject of the content you are creating, be clear . d open about the fact that you are an employee and make it clear that your views do not represent thos' of the SEOPW CRA, fellow employees, people or firms working on behalf of the SEOPW CRA, or m bers of the public. If you do publish a blog or post online that identifies you as an employee of the S iPW CRA or where you would be easily identifiable as working for the SEOPW CRA, related to the w' k you do or subjects associated with the SEOPW CRA, make it clear that you are not speaking on beh, of the SEOPW CRA. It is required to include a disclaimer such as "The postings on this site are my o ' and do not necessarily reflect the views of the SEOPW CRA." f. Using Social Media a ` ork Refrain from using social media ile on working time or on equipment provided by the SEOPW CRA, unless it is work -related, as spec cally authorized by your supervisor. Without prior authorization, social media must be undertaken d ng non -working time in non -working areas and with non-SEOPW CRA provided equipment. Do no use SEOPW CRA email addresses to register on social networks, blogs or other online tools utilized •r personal use. g• Ret, ation is Prohibited The SEOPW C' ' prohibits taking negative action against any employee for reporting a possible deviation from this poll, or for cooperating in an investigation. Any employee who retaliates against another employee fo eporting a possible deviation from this policy or for cooperating in an investigation will be subject to ' sciplinary action, up to and including termination. Scope of this Policy Thi •olicy does not restrict employee rights to engage in protected activity under any applicable federal, s . e or local law. This policy does not prohibit discussing or disclosing information regarding your own ages, 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 SEOPW CRA's labor and employment 52 SUBSTITUTED EXHIBIT "B" policies or treatment of employees. However, we suggest you bring such issues to the attention of your supervisor or another member of management for resolution. 13. USE OF COMPANY VEHICLES, EQUIPMENT AND COMPUTER SYSTEMS The SEOPW CRA provides any supplies, uniforms, equipment, automobiles and materials nec=.nary for you to perform your job. These items are to be used solely for the SEOPW CRA's purposes. mployees are expected to exercise care in the use of SEOPW CRA equipment and property and use • • ch property only for authorized purposes. Loss, damages or theft of SEOPW CRA property should be sorted at once. Negligence in the care and use of SEOPW CRA property may be considered grounds f. discipline, up to and including termination. a. Use of Computer System It is the policy of the SEOPW CRA that the use of its computers and software • • invited solely to appropriate business use. Employees are not allowed to use the computer system for the personal benefit. Employees are strictly forbidden from installing software on the system. Further, thi eolicy reaffirms that the SEOPW CRA's employees have no reasonable expectation of privacy with spect to any computer hardware, software, electronic mail or other computer or electronic means a ' communication or storage, whether employees have private access or an entry code into the computer . stem. The SEOPW CRA reserves the right to monitor the use of its computer system. See also the C puter and Telephone Systems Policy. b. Use of Vehicles, Equipment and Mainte = nce Policy This policy provides uniform policies and procedure or SEOPW CRA employees who drive SEOPW CRA vehicles/equipment for business purposes. E . oyees who drive the SEOPW CRA vehicles are the most visible to the public therefore, the vehicle' . appearance, condition and the manner of its use by employees should therefore always represent a orable impression of the SEOPW CRA. i. VEHICLE/ EQ MENT ACCESS AND USAGE RESTRICTIONS a. Only : ployees authorized by the Executive Director or designee may ope e SEOPW CRA vehicles or equipment. The use of SEOPW CRA v icles for personal use is prohibited. Unless expressly authorized by the xecutive Director or designee, unauthorized passengers are prohibited from riding or operating a SEOPW CRA vehicle. The SEOPW CRA limits vehicle or equipment use to official SEOPW CRA business use only. c. Passengers in SEOPW CRA vehicles will be confined to SEOPW CRA employees and persons on official business with an authorized employee. EXCEPTIONS: The Executive Director or designee is solely authorized to approve exceptions to the authorized to approve use of SEOPW CRA vehicles. d. AGE LIMIT: No person, employee or otherwise, who is under 18 years of age is permitted to operate a SEOPW CRA vehicle or equipment. ii. LICENSING 53 SUBSTITUTED EXHIBIT "B" All operators of SEOPW CRA vehicles must have in their immediate possession a vali driver's license, issued by the State of Florida, and appropriate for the type of vehicle be g driven or operated. The Executive Director or designee will be responsible for distrib mg a valid insurance card and vehicle registration when a vehicle is checked out by a , ' • PW CRA employee. These documents are to be kept with the vehicle as required e; Florida law. In the event these documents are missing or expired, the employee must i' mediately notify the Executive Director or designee. For any SEOPW CRA vehicle which is classified as a commercial operator must have in their immediate possession, a valid Commer (CDL) of the type and Class with all Endorsements that are re operation of that specific vehicle. EMPLOYEE CONDUCT AND REPORTING A. EMPLOYEE ARREST NOTIFICA otor vehicle, the 1 Driver's License ired by law for the UIREMENTS SEOPW CRA employees who operate SE • CRA vehicles or equipment must immediately notify their supervisor an e Executive Director or designee in writing of any off -duty ticket(s), arrest , pending case(s), or conviction(s) related to the operation of a vehicle includi , but not limited to the following offenses: This re 1. Driving while er the influence of alcohol or drugs ("DUI"); 2. Driving whil- .uspended or revoked; 3. Reckless d ling; 4. Leaving e scene of an accident -causing property damage or bodily Jury; 5. Mov g violations; 6. U thorized operation of a vehicle by a minor; 7. -hicular homicide; or 8. Other offenses that the SEOPW CRA believes poses a danger in the safe operation of its vehicles/equipment. rting requirement includes any and all violations regardless of the owne ip of the vehicle or the location in which the violation occurred. DRIVERS LICENSE VERIFICATION The immediate supervisor may request an employee provide proof of a valid driver's license (or CDL) from any employee before operating any SEOPW CRA vehicle. The Executive Director or designee is responsible for verifying the expiration date of the license, the class of the license, and ensuring that the license contains any endorsements which may be required for the operation of a specific SEOPW CRA vehicle. C. LICENSE SUSPENSION OR REVOCATION 54 SUBSTITUTED EXHIBIT "B" Operators of SEOPW CRA vehicle/equipment including those who hold a driver's license, or CDL, must notify their immediate supervisor and the Executive Directo or designee in writing the next business day following a suspension, revocati► , cancellation, or other disqualification from driving any motor vehicle. Furt , if driving is considered a minimum requirement of the job, and the lic' se is suspended, canceled, revoked, or otherwise restricted to affect job perfo . ce the employee must immediately notify, in writing their immediate supery or and the Executive Director or designee. D. DRUG AND ALCOHOL SCREENING Operators of any SEOPW CRA-owned or controlled vehicl:. are subject to related regulations promulgated by the United States Departme of Transportation. E. OBTAINING AND MAINTAINING, UP ING LICENSES For those employees required by the SEOPW C • to secure and maintain a valid CDL as a condition of employment, the Exec ve Director or designee may allow the use of SEOPW CRA vehicle or equip t on SEOPW CRA time as required for a CDL examination when the emplo e's duties include operating a SEOPW CRA vehicle or equipment. F. SMOKING, DRINK' ► , OR USE OF CONTROLLED SUBSTANCES No smoking, consumption beverages or food products containing alcohol or controlled substances, or e use of any controlled substances while operating a SEOPW CRA-owned v- icle or equipment is strictly prohibited and may result in immediate terminati s of employment. G. ACCID " T NOTIFICATION All acciden ., no matter how minor or inconsequential or location must be immediat- reported to the employee's supervisor and the Executive Director or designe ► . In addition, a SEOPW CRA accident reporting form must be completed and s emitted within 24 hours. All accidents will be reviewed by the SEOPW C s designee investigator. The finding of the investigation will be submitted t• e employee's immediate supervisor. Negligent or willful damage, waste or eft of SEOPW CRA property will be grounds for disciplinary action up to and including termination. H. VEHICLE INSPECTION 1. When an employee is assigned a vehicle/equipment, the employee is responsible for conducting an inspection (internal and external) of the vehicle prior to driving the vehicle and upon return of the vehicle to the SEOPW CRA at the end of his/her shift or assignment. The employee should immediately notify the Executive Director or designee of any damage to the vehicle. Failure to notify the SEOPW CRA of any damage 55 SUBSTITUTED EXHIBIT "B" to the vehicle may result in disciplinary action such as a loss of vehicle privileges or up to termination of employment. 2. When the employee observes any damage to the vehicle/equipmen the SEOPW CRA will be responsible for maintaining a log of the dam. - e and determining the cause of the damage. The employee will also c► plete a SEOPW CRA Vehicle/Equipment Damage Report and sub • it before his/her shift or workday ends. 3. The Executive Director or designee will conduct ekly inspections during every Preventative Maintenance Service on al - ehicles/equipment. 4. Employees will inspect the passenger comp vehicle/equipment at both the beginning an assignment to ensure no waste debris or oth vehicle. ent of their assigned he end of their shift or materials are left inside the 5. The employee's supervisor will cond a formal inspection once a month. The employee will be responsib for forwarding the results of the vehicle/equipment inspection to e Executive Director or designee upon request. 6. When the supervisor ob es any damage to said vehicle/equipment which is otherwise ►, eported, they will initiate a comprehensive investigation with doc entation to include photographs. This report will be forwarded to th- xecutive Director or designee. The supervisor will log the damage, se number, and date in the vehicle damage log, which is maintained b the Executive Director or designee. iv. VEHICLE MAI ENANCE A. When , employee observes that a vehicle/equipment needs repairs, they sha mmediately notify their supervisor. The employee will be instructed to irepare a Vehicle/Equipment Service Request Form. In addition, the pervisor will sign the employees Vehicle/Equipment Safety Inspection Form and provide it to the Executive Director or designee for approval and scheduling of the requested repair or maintenance. Should a vehicle/equipment become disabled while being utilized by an employee, the Executive Director or designee and their supervisor will be notified. The vehicle should not be left unattended in an unsafe manner. The Executive Director or designee will then become responsible for the repair and/or the removal of the vehicle. C. Employees should not utilize non-SEOPW CRA approved towing or garage services without the approval of the Executive Director or designee. Prior to leaving a vehicle/equipment, the employee should ensure that all of his/her personal belongings are secure. If a flat tire occurs outside of SEOPW CRA limits, the employee should contact his/her supervisor for further direction on the course of action to be taken. 56 SUBSTITUTED EXHIBIT "B" The supervisor will coordinate with the Executive Director or designee the vehicle's repair. D. Employees shall be responsible for the general maintenance and p care of their assigned vehicle and shall not: per • Make minor adjustments to or perform maintena ' on the vehicle/equipment unless approved by the Executiv► Director or designee. • Alter the body, general design, appearance, mark , g, mechanical or electrical system. • Drill holes in the interior or exterior of the ve e. • Affix any unauthorized stickers or signs to t► vehicle/equipment. • Attach any additional equipment or e modifications to the vehicle/equipment unless first approve, .y the Executive Director or designee. E. Any modifications to the vehicle/e ► • ipment will be performed by an approved service provider and only : fter the request is properly submitted by the employee and approved b e Executive Director or designee. This approval shall be requested i writing to Executive Director and shall contain the following infor ation: (1) The type of modificon or additional equipment desired; and (2) The reason or ustification for the additional equipment or modificati The exact typ of equipment/accessory to the installed. All approved additional e s pment or accessories shall be purchased and maintained by the SEOP " CRA. An approved service provider will perform the installat and/or modification. F. Pro ► rly maintained vehicles have a longer life span. Therefore, proper v: icle/equipment maintenance is important. All vehicles of the SEOPW shall be maintained according to a maintenance schedule as required by the manufacturer. All preventative maintenance shall be scheduled by the Executive Director or designee. The SEOPW CRA will be responsible for conducting inspections on a quarterly basis and for all expenses related to the maintenance of its vehicles. VEHICLE OPERATION A. Any employee operating a SEOPW CRA vehicle/equipment is responsible for the care and maintenance of such equipment. Employees shall check fluid levels, lighting, tires (conditions and pressure) prior to operating the vehicle. B. While on duty, operators of SEOPW CRA vehicles and equipment shall obey all traffic laws. This policy prohibits employees from driving under the influence of drugs or alcohol. Any employee prescribed medication 57 SUBSTITUTED EXHIBIT "B" under a doctor's orders should immediately notify their supervisor if the drug(s) affect their driving ability. C. SEAT BELTS MUST BE WORN AT ALL TIMES. It is mand ory that seat belts be used by all employees/occupants of a SEOP CRA vehicle, at all times, without exception. It is the driver's reapon• •ility to ensure that all occupants fasten their seat belts prior to o r rating the vehicle. Any malfunctioning seat belt should be re • .rted to the employee's immediate supervisor and the Executive Dire or or designee and arranged to be repaired by an approved service prs ider for repair or replaced immediately. The SEOPW CRA reserves t right to revoke the driving privilege of any driver not complying with is policy. D. SEOPW CRA vehicles shall not be parked ille' : ly or in such a manner as to interfere with the free movement of tra c. When a SEOPW CRA vehicle is left unattended, it shall be pro . -rly secured by removing the keys and locking all doors and window All required safety devices such as cones, flares or warning triang - shall be used when vehicle is unattended blocking traffic. E. When turning a vehicle in at t - end of the day, the operator shall make sure that the vehicle/equip - -nt is clean, fueled, and ready for use by another employee. F. At the end of the day ' assignment, the employee must return the vehicle promptly to the de gnated parking location and turn in the keys to the designated custo • .n. When a vehicle/equipment must be left at a location other than the • ignated SEOPW CRA location, the employee will secure the vehicle/ . uipment and notify his/her supervisor and the Executive Director o designee of the location of the vehicle and the reason the vehicle s left unattended. G. An , ployee may not use a vehicle for longer than required by the work as.ignment for which it was obtained. An employee may obtain fuel using a SEOPW CRA approved fuel card unless specifically authorized by the Executive Director or designee to do otherwise. The employee should plan trips to conserve fuel consumption. vi. DAMAGED OR STOLEN VEHICLE/EQUIPMENT A. If an SEOPW CRA vehicle/equipment is damaged or stolen while in the possession of an employee, the employee must immediately report the theft or damage to the (1) City of Miami Police Department or the appropriate police department if authorized for use outside of the SEOPW CRA boundaries, (2) your immediate supervisor and (3) the Executive Director or designee. The employee must obtain a copy of the police 58 SUBSTITUTED EXHIBIT "B" report filed or the case incident report number. The employee must provide a copy of the report or case report number to the Executiv Director or designee and your supervisor within 24 hours. The emplo e should also maintain a copy of the report for your records. B. In cases of damage to a SEOPW CRA vehicle, regardless of se rity, the employee shall immediately notify their direct supervisor. vii. FAILURE TO COMPLY AND DISCIPLINARY ACTIONS A. The use of a SEOPW CRA vehicle or equipment a privilege and a benefit and not an automatic right. Failure to com with any portion of the SEOPW CRA vehicle/equipment use policy ' ay result in disciplinary action. B. The Executive Director has the sole aut .rity to decide the appropriate disciplinary actions for violation(s) of is policy. Disciplinary actions imposed may start with a written - arning for minor first offenses. Additional violations may result in , spension and/or permanent removal up to and including termination em use of a SEOPW CRA vehicle. In addition, disciplinary action, . to and including termination, may be taken against an employee a ndicated in the employee personnel rules. C. The methodology used identify the responsible party for found damage will be based on the 1 employee who accessed the vehicle or equipment, especially in the ab ce of missing documentation. c. Telephone Use Because a large percentage of our busin:.s is conducted over the phone, it is essential to project a professional telephone manner. Althoug e SEOPW CRA realizes that there are times when an employee may need to use the telephone for perso ' .1 reasons, it is expected that good judgment will be used in limiting the length and frequency of such c s. Additionally, no long-distance personal calls may be made on SEOPW CRA telephones without for approval from the employee's supervisor. 14. INTERNAL INVES ' GATIONS AND SEARCHES From time to time, SEOCRA may conduct internal investigations pertaining to security, auditing or work -related matters. ployees must cooperate fully with and assist in these investigations if requested. Whenever necess. , in the SEOPW CRA's discretion, work areas (i.e., desks, file cabinets, etc.) and personal belong' Is (i.e., briefcases, handbags, clothing (including pockets), etc.) may be subject to a search without notice mployees are required to cooperate. The SEOP RA will generally try to obtain an employee's consent before conducting a search of work areas or p' sonal belongings but may not always be able to do so. Employees should expect no right to privacy 15. REFERENCE CHECKS 59 SUBSTITUTED EXHIBIT "B" To ensure that individuals who join the SEOPW CRA are well -qualified and have a strong potential to be productive and successful, it is the policy of the SEOPW CRA to check the employment references of al applicants. This is a mandatory process and a condition for employment. Should an employee receive a written request for a reference, they should refer the request to the E utive Director, or designee for handling. No SEOPW CRA employee may issue a reference letter to a . current or former employee without the permission of the Executive Director. Under no circumstance ould any SEOPW CRA employee release any information about any current or former SEOPW CRA e ployee over the telephone. All telephone inquiries regarding any current or former employee of SEOP CRA must be referred to the Executive Director or designee. We will respond to all reference check inquiries from others, by confirming only ates of employment, positions held, and salary verification. Inquiries must be in writing and will be re 16. SMOKING POLICY To comply with government regulations, the SEOPW CRA has workplace. Employees are protected from retaliatory action or from be action for exercising or attempting to exercise their rights under the policy should be immediately reported to the Executive Director may result in appropriate corrective action, up to and including 17. TAPE RECORDING POLICY It is a violation of the SEOPW CRA policy to record device unless prior approval is received from your s the conversation give their consent. This policy's effect on the expression of views that may exist another is being secretly recorded without the dialogue especially when sensitive or confi Violation of this policy will result in d immediate termination. 18. TRAVEL REIMBURSEM " T onded to in writing. pribited smoking throughout its g subjected to any adverse personal oking policy. Any violation of this r designee. A violation of this policy spension without pay and termination. c► versations with a tape recorder or other recording ervisor or the Executive Director, and all parties to ose is to comply with the law and eliminate a chilling en one person is concerned that their conversation with consent. This concern can inhibit spontaneous and honest ntial matters are being discussed between the parties. ciplinary action, up to and including suspension without pay and Business travel authorizatio ' s required prior to actual business travel. The employee's supervisor and/or the Executive Director m approve trips in writing. A request sent via e-mail and an affirmative reply is acceptable. Employees ./ e directed to consult the employee's supervisor or the Executive Director if there are questions about w ether travel is approved or not. The SEOPW C expects employees traveling on SEOPW CRA business to stay at a reasonably priced hotel that is c venient to the place where business will be transacted. The SEOPW CRA shall only reimburse e..enses incurred at the hotel for room rate, applicable taxes, hotel parking and meals based upon the OPW CRA's per diem rate. GENERALLY G. DISCIPLINE POLICY 60 SUBSTITUTED EXHIBIT "B" Policies and procedures are necessary guidelines to provide fair and equitable treatment of each employee. In addition, these guidelines serve as the basis for a fair relationship between the employee and the SEOP CRA. It is necessary that these guidelines be applied consistently to each employee. Only then can SEOP CRA establish confidence that each employee will be treated consistently according to the administ ive and operational guidelines. It is the responsibility of each officer, manager, supervisor and empl ' ee to contribute fully toward the achievement of this objective. Violations of any of the established policies and procedures may result in disciplinary ac .n up to and including suspension without pay and termination. The disciplinary action is contingent ' the facts and circumstances of the individual situation. The following employee actions are not all inclusive but, by way of illustration only . re some of the events which could result in discipline. Thus, the Executive Director may establish additi ' al rules and regulations necessary for the orderly fulfillment of your responsibilities. These also must followed. Other actions may also result in discipline including discharge. It should be noted that SE • CRA and each employee recognize that the employment relationship is for an indefinite period and be terminated by either party at will. By providing this non -exhaustive list, SEOPW CRA in no restricts its right to terminate employment, nor alters the at -will employment relationship. • Insubordination, refusal or inability to comply with re onable instructions of supervisors or department heads. • Refusal to comply with the SEOPW CRA's rules .olicies or procedures or a violation of any of SEOPW CRA's rules, policies or procedures. • Poor job performance, including unsatisfac ry attitude that detracts from job performance or the efficient operation of the SEOPW CRA. • Violation of the Non -Discrimination d Anti -Harassment Policy. • Failure to report for duty witho ' . bona fide excuse and proper notification to your supervisor. • Failure to comply with estashed safety and health rules and safe work procedures or engaging in any conduct that creates afety hazard. • Failure to meet perfo . ance standards. • Failure to follow rooming and appearance standards. • Failure to .ort a workplace accident immediately. If you are injured on the job, you must immediat report this to your supervisor or the Executive Director or designee. • Fals•. stating claims of injury. • ► sorderly conduct on SEOPW CRA premises including violence, fighting, horseplay or other action that endangers others or SEOPW CRA property or employees. Offensive or disruptive behavior, including threatening employees, using abusive or vulgar language, interfering with others in the performance of their duties, or acting in an immoral or 61 SUBSTITUTED EXHIBIT "B" indecent manner on SEOPW CRA property or while off SEOPW CRA premises in performance of SEOPW CRA-related duties. • Destruction, misuse, theft or removal of SEOPW CRA property, another employee's prope ' - , or property of a member of the public. • Unauthorized disclosure, discussion, removal or use of the SEOPW CRA's ' •nfidential information, or other proprietary information (including information contained n personnel records). • Refusal to allow security checks and package inspections. • Reading books, magazines, or newspapers while on duty is unrelated to employee's duties and responsibilities. • Loitering, loafing or sleeping on duty. • Neglect of duty. • Smoking on SEOPW CRA premises. • Bringing, consuming, possessing, providing, sellins d/or transferring illegal drugs on SEOPW CRA property or while on duty and/or reportin or duty under the influence of alcohol and/or illegal drugs or abusing prescription drugs, or o rwise violating the Drug Free Workplace Policy. • Dishonesty includes intentionally not prov ng full and truthful information when requested. • Gambling on SEOPW CRA premises. • Bringing, discharging, and/or pos ssing unauthorized firearms or other weapons in SEOPW CRA buildings, having it on your per n in the performance of SEOPW CRA duties. • Giving or taking a bribe of y nature. • Being arrested and/or onvicted of any crime which SEOPW CRA believes is detrimental to SEOPW CRA and/•. its other employees, committing a felony. • Misappropriati • of SEOPW CRA funds or failure to manage funds in accordance with SEOPW CRA guideli s. • Irregular . endance includes excessive absenteeism, tardiness and/or unexcused absences. • Vio ions of the Time Records Policy, including deliberate omission or falsification of information o mployment application, time sheets, production or other SEOPW CRA records. Violation of the Company's Conflict of Interest/Outside Employment Policy and/or Confidentiality Policy. • Leaving your workstation or work without authorization or being in an unauthorized work area during your scheduled work period or on your days off, without specific authorization. 62 SUBSTITUTED EXHIBIT "B" • Interfering with or hindering work schedules; failing to work on a scheduled shift. • Failure to report to work after the expiration of a leave -of -absence or temporary layoff. • Disloyalty to SEOPW CRA, including but not limited to, slandering or disparaging the EOPW CRA, its officers and/or employees, or acting in such a manner that could damage SE • CRA's reputation. • Gross negligence in the performance of duties. • Failure to wear assigned uniform, if assigned. • Discourteous or inappropriate conduct with members of the public. • Any conduct that in the opinion of the Executive Director require i isciplinary action. In the event of dismissal for misconduct, all benefits will terminate a e end of the month. COBRA may not be available to anyone dismissed from the SEOPW CRA for gr 2. TYPES OF DISCIPLINE s misconduct. All employees are expected to meet SEOPW CRA's s dards of work performance. Assessing an employee's work performance encompasses review g many considerations such as attendance, punctuality, personal conduct, job proficiency and g- eral compliance with the SEOPW CRA's policies and procedures. If an employee does not meet these standards, t SEOPW CRA may, under appropriate circumstances and in its sole discretion, take corrective action, ' er than immediate dismissal. However, this policy does not alter the "at -will" employment relat . nship, nor does it require that the employer adhere to any progressive discipline. The form of dis' dine described herein, and the order presented in this policy are not meant to establish or create a prog ssive discipline policy. The intent of corrective action is o formally document problems while providing the employee with a reasonable time within which to prove performance. The process is designed to encourage development by providing employees wit uidance in areas that need improvement such as poor work performance, attendance problems, per al conduct, general compliance with the SEOPW CRA's policies and procedures and/or other s ciplinary problems. Disciplinary action ceived by an employee will be considered in the employee's evaluation and any decisions regardin ay increases, promotions or transfers. a. Verbal Warnings The super sor should discuss the problem with the employee in the presence of a supervisor. This should clearly entify the problem and outline a course of corrective action within a specific time frame. The emplee should clearly understand both the corrective action and the consequence (i.e., termination) if the pre , em is not corrected or recurs. The supervisor should document the verbal counseling session and i lude any additional comments of their own and sign it. A record of the discussion should be placed in e employee's personnel file. 63 SUBSTITUTED EXHIBIT "B" b. Written Warnings The supervisor should discuss the problem and present a written warning to the employee in the pre ce of a supervisor. This should clearly identify the problem and outline a course of corrective action in a specific time frame. The employee should clearly understand both the corrective action d the consequence (i.e., termination) if the problem is not corrected or recurs. The employee should a owledge receipt of the warning and include any additional comments of their own before signing it. ecord of the discussion and the employee's comments should be placed in the employee's personnel fil c. Suspensions Without Pay Employees may be suspended from employment without pay for violations . ' SEOPW CRA policy. Employees suspended for disciplinary reasons are not eligible for salary creases, bonus awards, promotions or transfers for 1 year thereafter. In the event, the employee is cl' . ed of any wrongdoing, the employee shall be eligible for reimbursement of any lost pay and benefits curring during the term of the suspension. d. Termination Any employee whose conduct, actions or performance viola or conflicts with the SEOPW CRA's policies may be terminated immediately and without warnin H. LEAVING TH 1. RESIGNATION When an employee decides to leave for any real the opportunity to discuss the resignation befo CRA often finds that another alternative m decides to leave, it is requested that the advance notice period (remember that two -week notice period). The SEOP in accordance with the personal ti the employee's supervisor wishe notice, the employee may be 2. TERMINATIO EOPW CRA , their supervisor and the Executive Director would like final action is taken. During this conversation, the SEOPW e better. If, however, after full consideration, the employee mployee provide the SEOPW CRA with a written two -week rsonal time off days or personal days may not be used during the CRA will only compensate employees for unused personal time off off cash out provisions in this Handbook. If, as sometimes happens, or the employee to leave prior to the end of the employee's two -weeks' d for the remainder of that period. Every SEOPW CRA ' ployee has the status of "employee -at -will," meaning that no one has a contractual right, express or i ied, to remain in the SEOPW CRA's employment. SEOPW CRA may terminate an employee's empl► ment, with or without cause, and with or without notice, at any time for any reason. No supervisor or o . er representative of the SEOPW CRA (except the Executive Director, with approval from the Board) the authority to enter into any agreement for employment for any specified period of time, or to m. any agreement contrary to the above. In the event an employee is terminated from the emplo ' nt with the SEOPW CRA, the termination shall be effective immediately upon notice to the emple ee. The employee will be permitted to gather personal belongings under the supervision of the Exetive Director or designee. POST RESIGNATION/TERMINATION PROCEDURES 64 SUBSTITUTED a. Exit Interview EXHIBIT "B" The Executive Director or designee is responsible for scheduling an exit interview with an employee w o is separating from the SEOPW CRA and for arranging the return of SEOPW CRA property includin • Identification cards, including business cards • Office keys • Handbooks, and other manuals • Any SEOPW CRA branded items, such as shirts or uniforms • Any additional SEOPW CRA-owned or issued property Employees may choose the continuation or waiver of comprehensive medical cover e 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 employ t, or on the last day of the month in which your last day of employment falls for medical/dental benefit An employee, unless dismissed for gross misconduct, has the option to convert to individual life incur. ce, and/or to continue medical/dental benefits in accordance with The Consolidated Omnibus B get Reconciliation Act ("COBRA") regulations. c. Final Paycheck The final paycheck will be mailed during the next no .1 pay period. If there are unpaid obligations to the SEOPW CRA, the final paycheck will reflect the aopriate deductions, as allowed by law. 65 SUBSTITUTED EXHIBIT "B" APPENDIX A ACKNOWLEDGEMENT OF RECEIPT OF EMPLOYEE HANDBOOK I, , acknowledge that I have received a copy of the SEOPW ' ' • 's Employee Handbook. I have read it thoroughly, including the statements in the foreword desc % .ing the purpose and effect of the Handbook. I understand the terms and provisions contained in this H. book and have been afforded an opportunity to seek clarification concerning same. I understand th. he SEOPW CRA is an "at will" employer and as such employment with the SEOPW CRA is not fo fixed term or definite period and may be terminated at the will of either party, with or without cause d without prior notice. No supervisor or other representative of the SEOPW CRA (except the Execuf Director, with the approval of the SEOPW CRA Board) has the authority to enter into any agreement employment for any specified period, or to make any agreement contrary to the above. In addition, I understand that this handbook states the SEOPW CRA's poli the date of publication. I understand that nothing contained in the Handbo a promise of future benefits or a binding contract with SEOPW CRA for s and practices in effect on may be construed as creating enefits or for any other purpose. I also understand that these policies and procedures are continuy evaluated and may be amended, modified or terminated at any time. I further agree that if I con ue my employment with the SEOPW CRA following any modification to the Handbook, I thereby a• ept and agree to such changes. All such changes will generally be communicated through official no s. Finally, by signing and dating this Acknowledgement reviewed a copy of the SEOPW CRA's Employee Ha entire Handbook and that this form will be retained Date: Signature: Print Name: f Receipt, I confirm that I have received and ook. I understand that I am expected to read the my personnel file. 66 SUBSTITUTED EXHIBIT "B" APPENDIX B ACKNOWLEDGEMENT OF NON-DISCRIMINATION & ANTI -HARASSMENT POLICY A COMPLAINT PROCEDURE I, , acknowledge that I have received and read the EOPW CRA's Non -Discrimination and Anti -Harassment Policy and Complaint Procedure outli ► d in this handbook. I agree to abide by these policies and understand that I must immediately repo r any conduct that is in violation of this policy to my supervisor or the Executive Director. I agree thif there is any provision of the policy that I do not understand, I will seek clarification from the Ex • tive Director or designee. By signing and dating this Acknowledgement of Receipt, I confirm that I have • ceived and reviewed a copy of the SEOPW CRA's Employee Handbook. I understand that I am : pected to read the entire Handbook and that this form will be retained in my personnel file. Date: Signature: Print Name: 67 SUBSTITUTED EXHIBIT "B" APPENDIX C ACKNOWLEDGEMENT OF WORK HOURS AND LOCATION ASSIGNMENT I, , understand I will be responsible adhering to the following work hours and responsibilities related to my position with the SEOPW C 1. My hours of work are from through from AM to PM. I understand that I may NOT unilaterally change my - ork hours. Any changes to my work hours (e.g. reporting, departure, lunch, breaks, o -rtime, etc.) may only be authorized by the Executive Director or designee. 2. I am assigned to work at the following location otherwise authorized by the Executive Director or des nee. unless 3. I agree to abide by all SEOPW CRA policies and - ocedures regarding the reporting of my work hours including, but not limited to, check and check-out policies. 4. I understand that failure to adhere to my we ing hours and assignment location may result in disciplinary action including terminat Date: Signature : Print Name: 68 SUBSTITUTED I, EXHIBIT "B" APPENDIX D AUTHORIZATION FOR PAYROLL DEDUCTIONS , understand I will be responsible to rei the SEOPW CRA for the following: urse 1. Any loss incurred as a result of my acceptance of a check without proper 9 entification information on the check. 2. Damages incurred, up to the amount of the SEOPW CRA's insuran event that I am involved in an auto accident while operating a SE determined to be at fault. deductible, in the W CRA vehicle and 3. Damages incurred to the property of the SEOPW CRA or a ember of the public due to my own negligence. 4. The value of any SEOPW CRA property due to my the of the property or failure to return property. 5. Actual charges for any items charged to the SE W CRA that are for my personal use. 6. My cost for any benefits that I have electe ' o participate in beyond those provided by the SEOPW CRA at its cost. 7. The amount of any overpayment of , y wages. I hereby authorize the SEOPW CRA t for any of the foregoing reasons. Also, I gr transfer resulting from an erroneous ove overpayment. Date: Signature: Print Name: educt from my paycheck, including my final paycheck, the SEOPW CRA the right to correct any electronic funds ent to me by debiting my account to the extent of such 69 SUBSTITUTED EXHIBIT "B" APPENDIX E ACKNOWLEDGEMENT OF COMPUTER AND TELEPHONE SYSTEMS POLICY I, , acknowledge that I have received a copy of SEOP Computer and Telephone Systems Policy, have read said policy thoroughly, and understand th contained therein. CRA's rovisions I understand that my use of the SEOPW CRA's Computer and Telephone Systems ("Sy , ' ms"), as defined in the policy, constitutes my consent to all the terms and conditions of the aforementi . ed policy. In particular, I understand that: (1) the system and all information transmitted by, received from, or stored i a at system are the property of the SEOPW CRA; (2) the system is to be used only for business purpose d not for personal purposes; and, (3) I have no expectation of privacy in connection with the use of th • .ystem, or with the transmission, receipt, or storage of information in the system. I acknowledge and consent to the SEOPW CRA's monitoring of y use of the system at any time at its discretion, including printing and reading all E- mails entering, ving, or stored in the system. Date: Signature: Print Name: 70