EMPLOYEE HANDBOOK Windsor HR Services, Incorporated & On Trac, Incorporated - Version 4.0/2013
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Dear Employee: Welcome to On Trac! You will find in these pages the general information necessary to understand your employment status, benefit programs, expectations on conduct, and general employee policies. We hope this information will serve to accelerate your familiarity with our company and with the expectations we both share in the employer-employee relationship. Please dedicate time to read through this information carefully in order that you may clearly understand and comply with all provisions of your employment. Of course no Employee Handbook can cover every detail, so approach your work and the workplace with good common sense. You will notice that many details reference Windsor HR Services. The Windsor organization serves as our Human Resources partner in many areas- including payroll. They assist with general employment policies and legal compliances. As a professional Human Resource company, Windsor offers good counsel in how best to bring personal and professional growth to our employees within the confines of the contracting world. Again, commit time to read through your Handbook completely. Part of your employee orientation process is to be familiar with this document and to submit a signed Employee Acknowledgement Form to your immediate manager/supervisor. If you have any questions about the contents of this handbook or about employee policies in general, please contact the On Trac, Inc. corporate office at 423-317-0009. To speak directly to Windsor HR Services, you may call (214) 618-9700 and speak to a client representative. Sincerely, J. Michael Hill CEO / President On Trac, Incorporated 2
TABLE OF CONTENTS HANDBOOK INTRODUCTION Pg. 5 Our Human Resources Partnership Disclaimer of Contractual Rights & At-Will Employment EMPLOYMENT STATUS Pg. 6 Equal Employment Opportunity Employment Application Background, Credit, and Employment Reference Checks Immigration Law Compliance Pg. 7 Disability Accommodation Employee Categories Pg. 8 Terminations CONDUCTING WORK Pg. 9 Standard Schedule of Work Attendance and Punctuality Personal Appearance Company Uniform Standards Pg. 10 Timekeeping Payment of wages Pg. 11 Overtime Job Performance and Review EMPLOYMENT BENEFITS Pg. 13 Employee Benefit Program Health/Medial Insurance Paid Holidays Pg. 14 Paid Vacation Time Workers Compensation Insurance Pg. 15 Health Benefits Continuation (COBRA) Dependent Care and Medical Reimbursements LEAVES OF ABSENCE Pg. 17 Legal Allowances for Leave Reinstatement from Leave Pg. 18 Bereavement Jury Duty Family Medical Leave Act / FMLA FMLA Child/Family Care Leave Pg. 19 FMLA Leave for Serious Health Condition Pg. 20 Military Leave Voting Leave 3
WORKPLACE CONDUCT AND EMPLOYEE POLICIES Pg. 21 Rules of Work Pg. 22 Disciplinary Actions Policy on Search and Inspections Policy on Drug-Free Workplace Pg. 23 Policy on Workplace Violence Pg. 24 Policy on Harassment Pg. 25 Policy on Workplace Safety Policy on Technology and Digital Communications GENERAL EMPLOYMENT POLICIES Pg. 28 Change in Personal Information Conflict of Interest Emergency Closings Employee Concerns and Grievances Pg. 30 Lactation/Breastfeeding Non-Disclosure of Proprietary or Confidential Information Personnel Files Return of Property Pg. 31 Secondary Employment Travel Expense Tobacco Products Visitors in the Workplace 4
HANDBOOK INTRODUCTION Our Human Resources Partnership On Trac, Incorporated has entered into a Service Provider Agreement with Windsor HR Services, Inc. Under the terms of the agreement Windsor HR Services, along with, On Trac, become the co-employers for persons working at/for On Trac, Inc. Windsor will provide certain human resource services and certain insurance coverage for these employees. As a result of this relationship created by the Service Provider Agreement, you will often find in this document your employer referenced as “Windsor/On Trac, Inc.” Collectively, Windsor/On Trac, Inc. will also be referred to as the “Company”. This partnership is significant as Windsor HR Services, Inc. assists us in providing a work environment that is conducive to both personal and professional growth. We believe that when employees communicate openly and directly with supervisors, the work environment will be positive and conducive to personal and professional growth. Our partnership with Human Resources professionals propels us in that direction. We believe that Windsor/On Trac, Inc. demonstrates its commitment to employees through this partnership and by responding effectively to employee concerns. This handbook will provide you with information about working conditions, employee benefits, and some of the policies and practices affecting your employment. It describes many of your responsibilities as an employee and outlines several programs developed by Windsor/On Trac, Inc. for your benefit. Employees are required to have access to this document in written or digital form and to acknowledge in writing that access is granted and that you have read and have comprehended the information provided. Windsor/On Trac, Inc. reserves the right to revise, supplement, or rescind any policies or portion of the employee handbook from time to time as it deems appropriate, without prior notice. In addition, the date of this handbook supersedes and replaces all prior employee handbooks or manuals. Of course, no handbook or sets of documents can anticipate every circumstance or question about policy- so employees should regard this handbook as a set of guidelines only. If you have any questions about any of the policies or procedures contained within, please consult your Manager/Supervisor. Disclaimer of Contractual Rights & At-Will Employment All terms, conditions and benefits of employment, whether set forth in this handbook or elsewhere, are unilateral expressions of current policy and may be changed at any time and for any reason, with or without notice, at the sole discretion of Windsor/On Trac, Inc. Nothing in this manual is intended to create contractual rights, nor is it intended to convey a guarantee of continued employment. Each employee is an employee-at-will, which means that Windsor HR Services, Inc./On Trac, Inc. can terminate your employment for various reasons not prohibited by law; it also means that you can terminate your employment at any time, for any reason or no reason at all. 5
EMPLOYMENT STATUS Equal Employment Opportunity It is this Company’s intent not to discriminate against any employee or applicant for employment because of race, color, religion, age, gender, national origin, disability, sexual orientation, medical condition, family/marital status, or any other attribute or characteristic protected by law. Employees and/or managerial personnel who hear about, or experience, discrimination as a result of their race, color, religion, age, gender, national origin, disability, sexual orientation, family/marital status, or any other attribute or characteristic protected by law shall promptly report the matter to his or her Manager/Supervisor. If the supervisor is unavailable or the employee believes it would be inappropriate to contact that person, the employee shall immediately contact any other member of management or officer of Windsor/On Trac, Inc. Anyone engaging in unlawful discrimination will be subject to disciplinary action, up to and including termination. Windsor/On Trac, Inc. does not tolerate any form of retaliation against employees using this procedure in good faith. The procedure should not be construed, however, as preventing, limiting or delaying Windsor/On Trac, Inc. from taking disciplinary action against any individual, up to and including termination, in circumstances where Windsor/On Trac, Inc. deems disciplinary action appropriate. Employment Application Windsor/On Trac, Inc. relies upon the accuracy of information contained in the employment application, as well as the accuracy of other data presented throughout the hiring process. Any misrepresentations, omissions of facts, or falsification of information on the application or any subsequent documents or interviews may lead to refusal to hire, or if hired, termination. In some cases, the application process may include a written Basic Skills Test. This written instrument is utilized to gauge a level of basic education/skills and to better anticipate potential for success. Background, Credit, and Employment Reference Checks New Hires: To ensure that individuals who join Windsor/On Trac, Inc. are well qualified, meet all federal and state employment requirements, and have a strong potential to be productive and successful, it is the policy of Windsor/On Trac, Inc. to complete criminal background checks, credit checks, and perform E-Verify. Additionally the Company contacts professional and personal references for employment. Employment with Windsor/On Trac, Inc. is contingent upon satisfactory clearance of the background and reference checks of all applicants. For some employees, driver’s qualifications and driving record are part of background checks to evaluate insurability. Former Employees: The Manager/Supervisor will forward to Windsor/On Trac, Inc. all requests for employment reference checks from former employees. Generally, Windsor/On Trac, Inc.’s policy is that all responses include only dates of employment, wage range, and position(s) held. Immigration Law Compliance Our intent is to employ persons legally entitled to work in the United States without regard to citizenship, ethnic background, or place of national origin. However, in conformity with the Immigration Reform and Control Act of 1986, we restrict offers of employment to only those who are legally eligible to work in the United States. Thus, new employees, as a condition of employment, must provide actual documents verifying eligibility to work and complete the INS Form I-9 within three days of employment. These conditions apply to rehired employees as well. 6
Windsor/On Trac, Inc.’s human resources department will keep all INS I-9 forms and produce any or all of them upon request to any properly identified immigration officer or Department of Labor official. Each Form I-9 must be maintained for the longer of three years or the individual’s period of employment plus one year. Windsor/On Trac, Inc. will process an E -Verify request on all employees. If a discrepancy is noted employees will be required to follow the instructions provided by Windsor HR Services to correct the error within the prescribed timeframe as required by federal regulations. Disability Accommodation The Americans with Disabilities Act (ADA) and the Americans with Disabilities Amendments Act, known as the ADAAA, are federal laws that prohibit employers with 15 or more employees from discriminating against applicants and individuals with disabilities and when needed provide reasonable accommodations to applicants and employees who are qualified for a job, with or without reasonable accommodations, so that they may perform the essential job duties of the position. It is the policy of Windsor/On Trac, Inc. to comply with all federal and state laws concerning the employment of persons with disabilities and to act in accordance with regulations and guidance issued by the Equal Employment Opportunity Commission (EEOC). Further more; it is our company policy not to discriminate against qualified individuals with disabilities in regard to application procedures, hiring, advancement, discharge, compensation, training or other terms, conditions and privileges of employment. Reasonable accommodation is determined on an individual (case by case) basis depending on the specific employee’s job duties, functional limitations and whether the proposed accommodation will result in undue hardship to Windsor/On Trac, Inc., or to other employees. It is the expressed responsibility of the employee alone to declare himself/herself a “qualified individual with a disability” and to petition for accommodation. In declaring a qualified disability, Windsor/On Trac, Inc. may require the employee to submit documentation from medical professionals. Employee Categories For benefit eligibility, employees usually fall into the following categories: Regular Full-Time: Individuals who are not on temporary status and are regularly scheduled for at least 30 hours per week are considered regular full-time employees for most benefits (employees must evaluate each benefit to determine its specific requirements). As such they are eligible for all employee benefit programs available to Windsor/On Trac, Inc. Eligibility is subject to the terms, conditions, and limitations of each separate benefit plan or element. Regular Part-Time: Individuals who are not on temporary status and are regularly scheduled for less than 30 hours per week are considered regular part-time employees. Part-time employees are not eligible for the employee benefit programs offered by Windsor/On Trac, Inc. Other benefits may apply subject to terms and conditions of employment. Temporary/Casual: Individuals who are hired as short-term workers to supplement the work force for a season, or to assist in the completion of a specific project are classified as temporary employees. Employment assignments in this category are of a limited or intermittent duration. Employment beyond any initially stated period does not in any way imply a change in employment status. Temporary employees retain that status unless and until notified of a change. All legally mandated benefits (such as Social Security and Workers Compensation Insurance) are provided to temporary employees. Some other Windsor/On Trac, Inc. sponsored benefits may also be available, subject to the terms, conditions, and limitations of each benefit program. Temporary employees must sign a Memorandum of Understanding regarding the clarification of temporary status. 7
Terminations Since employment with Windsor/On Trac, Inc. is based on mutual consent, both the employee and Windsor/On Trac, Inc. have the right to terminate employment "At Will" with or without cause, at any time, with or without notice. Voluntary Termination: If the employee wishes to voluntarily terminate his or her employment with Windsor/On Trac, Inc., they may do so by written notification to their manager/supervisor. This notification should be presented at least two weeks prior to the date of termination. The Company will consider an employee to have voluntarily terminated his/her employment if an employee does any of the following: • Elects to resign from On Trac, Inc. • Fails to return from an approved leave of absence on the date specified by On Trac, Inc. • Fails to report for work without notice to On Trac, Inc. for three consecutive days Involuntary Termination: An employee may be terminated involuntarily for reasons such as poor performance, misconduct, or other violations of the Windsor/On Trac, Inc. rules of conduct, as outlined in various sections of this Handbook. Notwithstanding any written lists of rules, employment with Windsor/On Trac, Inc. is “At Will” and the Company may terminate for various reasons not prohibited by law. Layoff: From time to time, On Trac, Inc. may need to layoff or terminate an employee as a consequence of reorganizations, job eliminations and economic downturns in business, or lack of work. Should On Trac, Inc. consider such terminations necessary, we will attempt to provide all affected employees with advance notice. Layoff benefits associated with such terminations, if any, will be as specified in the notice. Windsor/On Trac, Inc. will provide a human resource customer service representative to answer specific benefit questions and provide all required separation paperwork. Some benefits may be continued at the employee’s expense if the employee so chooses. The employee will be notified in writing of the benefits that may be continued and of the terms, conditions, and limitations of such continuance. The Company may schedule personal or telephone exit interviews at the time of employment termination. The exit interview will provide an opportunity to discuss such issues as evaluation of work experience, reasons for termination, status of employee benefits & conversion privileges, repayment of outstanding debts to On Trac, Inc., or resolve to any unreturned property owned by of On Trac, Inc. Suggestions, complaints, and questions can also be expressed. 8
CONDUCTING WORK Standard Schedule of Work Work schedules for employees vary by job function. The workweek is based on production (piece rate) billing and begins Thursday and ends the following Wednesday (this period constitutes a “billing week”). Managers will advise employees of their individual work schedules including start times and closing times. All employees are granted a lunch period. Staffing needs and operational demands may necessitate variations in starting and ending times, as well as variations in the total hours that may be scheduled each day and week. On Trac, Inc. reserves the right to modify employees' starting and quitting times and the number of hours worked. Attendance and Punctuality To maintain a productive work environment, Windsor/On Trac, Inc. expects employees to be reliable and punctual in reporting to work. Absenteeism and tardiness place a burden on other employees and on the Company. In the rare instances when employees cannot avoid being late to work, or are unable to work as scheduled, they must notify their supervisor as soon as possible in advance of the anticipated tardiness or absence. If an employee is absent for three or more consecutive days due to illness or injury, a physician’s statement must be provided verifying the illness, the reason for the absence, and its beginning and expected ending dates. Such verification may be requested for other sick leave absences as well and may be required as a condition of continued employment. An employee who misses three or more days without contacting his/her manager or supervisor, unless under FMLA or the ADA, is considered to have abandoned his or her job and is subject to disciplinary action up to and including termination. Poor attendance and excessive tardiness are disruptive. Either may lead to disciplinary action, up to and including termination. Personal Appearance Dress, grooming and personal cleanliness standards contribute to the morale of all employees and affect the quality business image that the Company presents to customers and visitors. During business hours, employees are expected to present a clean, neat and professional image. On Trac, Inc. does not necessarily desire to adopt the changing images/fads of local or national trends and we reserve the right to deem certain attire unacceptable. Specific standards to personal appearance include the following: • Personal clothing and company-issued clothing must be clean and free of tears, rips, or noticeable stains • Hair must be well groomed and of length not to interfere with job functions or to present an un- professional appearance • Men should arrive to the workday clean-shaven. Facial hair is allowed for beard/moustache but must be well-trimmed and neat in appearance • Tattoos must be covered during work hours- depending on job function • Ornamental/facial piercings must be removed during work hours- depending on job function Company Uniform Standards On Trac, Inc. currently logos only shirts, coats/jackets and caps as part of uniform/dress standards. Official “uniform” gear is limited to these company-provided items; however the Company expects professionalism in personal appearance of employee-owned clothing while on the job. In most cases, employees are expected to adhere to clothing types and colors. Specifics in regard to color and type can be found in the Company Style Guide and Appearance Standards document. Logo uniform gear must not have any other competing manufacturing/brand logos, unless monochrome in color and limited to the sleeve area. 9
Project Manager Dress: Uniform for Project Managers primarily includes polo/golf shirts and dress/oxford shirts. Dress is “business casual” for key customer interaction; however, jeans and work boots are appropriate for heavy field oversight days. Lead Technicians: In most system operations, Lead Technicians are uniformed in similar fashion as technicians. However, their supervisory role is underscored by separate shirt colors. Dress is “field” specific and includes jeans or work pants and work boots. Leads are issued logo field jackets and logo field caps. Office Workers: System operations office personnel, along with Project Managers, are commonly persons who encounter the public and deal with any drop-in/by persons. Dress for office staff is business casual with uniformed shirts. Premise/IW Technicians: Dress for Premise Technicians is “field” specific and includes jeans or work pants and work boots. Techs are issued logo shirts as well as logo field jackets and logo field caps. Winter “layers” include non-logo thermal tops and hooded sweatshirts. H&L/OSP Technicians: Dress for Aerial and UG Technicians is “field” specific and includes jeans or work pants and work boots. Techs are issued logo shirts as well as logo field jackets and logo field caps. Winter “layers” include non-logo thermal tops and hooded sweatshirts. Timekeeping Accurately and consistently recording actual working time is the responsibility of every employee and their immediate Manager/Supervisor. Federal and state laws require Windsor/On Trac, Inc. to keep an accurate record of time worked in order to calculate employee pay and benefits. Time worked is all the time actually spent on the job performing assigned duties. Hourly and production-based non-exempt employees shall use provided track sheets when they begin and end their work, as well as the beginning and ending of each lunch and breaks. They shall record the beginning and ending time of any split shift or departure from work for personal reasons. Overtime work must always be approved before it is performed. Inadvertent errors in recording time-in and time-out could result in delayed payroll. Intentionally altering, falsifying, or tampering with time records, or recording time on another employee’s time record may result in disciplinary action, up to and including termination and/or criminal prosecution. Payment of Wages Employees are paid weekly on Friday, prior to the end of the workday. Weekly pay will include earnings for all work performed through the end of the previous payroll period. Windsor/On Trac, Inc. requires direct bank deposit for payroll (beginning January 2013). The local Manager/Supervisor distributes payroll record copies each Friday (electronically delivered beginning January 2013). If a payday falls on a holiday, payroll will be distributed on the preceding workday. If the employee is absent when the payroll records are distributed, the employee may claim the payroll record from his/her Manager/Supervisor upon his/her return. PTO/Holiday Pay: Employees are paid their standard hourly base wages for a workday, calculated as an eight (8) hour period, for each approved annual PTO (paid time off) holiday event. Paid holiday events and policies are set forth under the section on Employee Benefits. Holiday Pay shall not be counted as hours worked for the purpose of determining overtime. Holiday pay is conditional upon the following: • The employee must be a full time regular employee • The employee must have met the 90-day probationary period following hire • The employee must have worked the last scheduled shift just prior to the holiday, and also must have worked the next scheduled shift immediately following the holiday 10
PTO/Vacation Pay: Employees are paid their standard hourly base wages for each day, calculated as an eight (8) hour period, for each approved annual PTO (paid time off) Vacation event. Paid Vacation events and policies are set forth under the section on Employee Benefits. Vacation Pay shall not be counted as hours worked for the purpose of determining overtime. Vacation Pay is conditional upon the following: • The employee must be a full time regular employee • The employee must be employed for a full year from date of hire • The employee must be approved for PTO/Vacation day(s) from his/her manager/supervisor • The employee must be utilizing approved PTO/Vacation days prior to their annual expiration Termination Pay: Employees who resign or are terminated for any reason will receive any outstanding/final payroll in the form of a printed check. Final checks are issued only on standard paydays (Fridays) unless required by state law to be paid on a specified schedule. Any PTO/Vacation time not taken is forfeited at termination. Overtime Overtime work is sometimes necessary and distributed equitably among all hourly and production-based employees qualified to perform the required work. While the Company attempts to provide as much advance notice for overtime work as possible, in some instances overtime work may be required without notice. All overtime work must have prior approval from a manager/supervisor. Overtime will be paid at a rate of one and a half times (1.5x) that of the employee’s regular hourly pay for all hours worked over 40 accumulated hours. Unless otherwise noted, the workweek on which weekly overtime calculations will be based begins each Thursday at 12:01AM. On Trac, Inc. processes overtime pay in a consistent manner with applicable federal and state law and regulations. Job Performance and Review Compensation and benefits are tied directly to maintaining job performance. The Company hires an employee with the expectation that he/she will perform all required job functions at a high standard. That standard for each employee is simply to perform with excellence. Mediocrity is not the standard, nor even the “average”. Doing your job “well” or “good” should be predictable and business-as-usual. Therefore, the Company engages in job performance reviews or appraisals designed to evaluate whether the employee is performing to standard expectations. The primary task of the “review” is to determine whether the employee is truly performing up to the agreed level of pay and benefits. Employees should understand that the review is to answer the primary question of “should this person be retained for employment?” and not “should this person receive an increase in wage?” Regardless of whether a review meeting is conducted routinely or as part of an annual appraisal, the goal is to measure whether the employee is achieving standard performance and to outline plans/goals on how that employee can excel and perform “above expectation”. If employees have any complaints with the way the job performance evaluations are being conducted by their Manager/Supervisor, then they may address their concerns to the On Trac, Inc. Vice President of Operations. Routine Reviews: Managers/supervisors are to informally discuss job performance and goals with employees on a routine basis. This casual evaluation is conducted to provide both managers and employees the opportunity to clarify job tasks, identify areas of improvement, recognize areas of strength and discuss positive approaches for meeting goals. This also provides an avenue for the employee to receive more consistent feedback on their performance and for the Manager/Supervisor to receive feedback from the employee and maintain clear, open lines of communication. Casual reviews also provide opportunity to identify and address training needs and to agree upon key tasks/goals for the weeks/months ahead. Annual Reviews: Hourly/salaried employees may receive a formal annual review, as appropriate, with written notations, on performance measurements from the local Manager/Supervisor. This formal review may coincide with the annual anniversary of the employee's original date of hire or promotion into their current position. 11
A Word About Wage Increase: On Trac, Inc. exists as a contracting labor company and we hire primarily for the trade of telecommunication installations. For this reason, within the core Technical Operations of the Company, the better paying wages are dedicated to employees who are production-based technicians. “Wage increase” for these talented men/women rest on the pace and quality of their labor units and most often the technician himself is in the driver’s seat on “better weekly pay” based on improved skills and efficiencies which drive a greater number of labor units per day. Other employees in Technical Operations are usually hourly or salaried and can be considered for merit-based pay adjustments. However, these adjustments normally only recognize truly superior employee performance. Any decision to award such an adjustment is at the sole discretion of Windsor/On Trac, Inc. and is dependent upon numerous factors, including information documented through a formal written performance review and recommendation of Managers/Supervisors. 12
EMPLOYMENT BENEFITS Employee Benefit Program Eligible employees of Windsor/On Trac, Inc. are provided a wide range of benefits. A number of the programs (such as Social Security and Workers Compensation Insurance, State Disability, and Unemployment Insurance) cover all employees in the manner prescribed by law. However, the Company reserves the right to adjust, eliminate, or modify any specific employee benefit at any time. In addition, On Trac, Inc. reserves the right to reject, or limit participation in, any negotiated/offered benefit programs recommended by Windsor HR Services, Inc. Benefits eligibility is dependent upon a variety of factors, including employee classification. Your Windsor/On Trac, Inc. Human Resources Customer Service Representative can identify the programs for which you are eligible. Some details of many of these programs may be found elsewhere in this Employee Handbook. Detailed information and enrollment documents are issued to employees at various times through the year based on the Company’s schedule of Annual Open Enrollment periods. In most cases, these benefits are available only to full- time employees (Exempt or Non-Exempt). The following company-sponsored benefit programs are currently available to eligible employees: • BlueCross BlueShield of Tennessee Health Insurance • Windsor Royal Crown Dental Plan • Windsor Royal Crown VSP Vision Plan • Flexible Spending Account (Section 125 Cafeteria Plan for Health Care / Dependent Care) • UNUM Group Life/AD&D Insurance • UNUM Work-Life Balance program • Wells Fargo At Work program • Windsor Christmas Savings Club • Windsor Savings Connection Program • LegalShield / Identity Theft Protection • Paid Holidays • Paid Vacation Time • Worker’s Compensation Insurance • COBRA The Company reserves the right to add or eliminate benefit programs at any time without prior notice. Some benefit programs require contributions from employees, and Windsor/On Trac, Inc. funds some in part or in full. Health/Medical Insurance On Trac, Inc. (apart from Windsor HR Services, Inc.) offers group medical insurance through BlueCross BlueShield of Tennessee (whether in-state or out-of-state). For employees who elect coverage, On Trac, Inc. provides a contribution of premium equal to 50% (for employee only) of the ongoing costs. Enrollment is offered 30-days following date of hire and coverage begins on the first day of the month after the 90-day period following hire. Employees may also elect to purchase coverage for spouse and/or children at a reduced rate. Detail policy information including pricing and enrollment documents are mailed directly to local operation centers to distribute. Paid Holidays Windsor/On Trac, Inc. will grant Paid Time Off (PTO) to all eligible and qualified employees for these specific annual holiday events: New Year’s Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day. 13
Paid Time Off for a recognized holiday shall not be counted as hours worked for the purposes of determining overtime. If a recognized holiday falls on a Saturday, the Windsor/On Trac, Inc. PTO will be scheduled on Friday, and if it falls on a Sunday, the PTO will be scheduled on Monday. However, this weekend rule can be adjusted given changes to how the majority of local customers or clients manage holiday weekends. Authorized executive personnel will provide changes to this schedule in advance. Employees on leaves-of-absence do not receive PTO for holidays. NOTE: Employees will not be paid for a recognized holiday unless the employee works the last scheduled shift immediately preceding the holiday and the next scheduled shift immediately after the holiday, unless PTO time over the holiday was approved as part of qualified vacation time. Through the year, the Company encounters situations where the particular local customer or client observes a holiday that is inconsistent with the Windsor/On Trac, Inc. specific holidays. In these situations the Company attempts to execute as much viable work/billing on those dates as possible. However, these situations often call for several employees to be on “stand down” due to unavailable work and therefore do not receive pay for those days. Paid Vacation Time Windsor/On Trac, Inc. will grant Paid Time Off (PTO) to all eligible and qualified employees for personal vacation purposes. The Company values personal/family time and encourages all eligible employees to schedule vacation days for the purpose of rest and recreation. Time away from work can enhance productivity and bring greater personal satisfaction to the work experience. Windsor/On Trac, Inc. vacation policies are as follows: • Part-Time or Temporary employees do not qualify for paid vacation time • Full-Time employees have an available five (5) days of annual vacation time after completing their first full year (12 months) of employment under continuous service • Upon reaching the second-year anniversary (24 months) of continuous service, Full-Time employees have an available ten (10) days of annual vacation time • Vacation days do not have to be taken consecutively, although the Company recommend this practice in order to receive maximum benefit of rest and relaxation • If an eligible employee wishes to utilize a vacation day to compensate for a sick day or personal day, he/she must submit the Time Away Request Form within the same billing week • Vacation days must be taken in whole day increments • Vacation requests must be made in writing by completing a Request for Time Off Form- preference is for a 30-day advance notice- submitted to the local Manager/Supervisor • Approved vacation requests are conditional upon evaluation of work/schedule by the local Manager/Supervisor and in consideration of other employees who have requested PTO in the same period who might have greater tenure or length of service • If an observed Company holiday occurs during an employee’s approved/scheduled vacation days, no deduction from accrued vacation days will be made for the holiday- employees may freely “add” to the length of their vacation period by connecting to approved holiday PTO. • Vacation days must be utilized within the year following date of anniversary or they will expire- in other words, unused vacation days may not be rolled into the following year • Employees who request Leave of Absence for any purpose or under any FMLA must apply any available vacation PTO to their period of leave • Vacation days accrue no cash value and therefore may not be “cashed out” at the end of a year or at time of Termination • Employees may not “borrow” on future vacation benefits Workers Compensation Insurance Windsor/On Trac, Inc. provides a comprehensive workers compensation insurance program, as required by law, at no cost to the employee. This program covers any injury or illness sustained in the course and scope of 14
employment that requires medical, surgical, or hospital treatment and also provides for loss of earnings. Subject to applicable legal requirements, workers compensation insurance provides benefits when injured on the worksite. Employees who sustain work-related injuries or illnesses must inform their supervisor immediately. No matter how minor an on-the-job injury may appear, it is important that it be reported immediately. Reports are made using the standard Employee Injury-Accident Report. This will enable an eligible employee to qualify for coverage as quickly as possible. Health Benefits Continuation (COBRA) The Federal Consolidated Omnibus Budget Reconciliation Act (COBRA) gives employees and their qualified beneficiaries the opportunity to continue health insurance coverage under the On Trac, Inc. health plan when a qualifying event would normally result in the loss of eligibility. Some common qualifying events are termination of employment, death of an employee, a reduction in an employee’s hours, a leave of absence, an employee divorce or legal separation, or a dependent child no longer meeting eligibility requirements. After On Trac, Inc. is notified that one of the above events has happened, BlueCross BlueShield of Tennessee (BCBS) will notify the employee that he/she has the right to choose continuation coverage. Under COBRA, you have up to 60 days from the date you would normally lose coverage to inform BCBS that you want continuation coverage. If you do not choose continuation coverage, your group health insurance coverage will end. If you choose continuation coverage, BCBS will provide coverage that is identical to the coverage provided under the plan to similarly situated employees or family members. COBRA requires continuation of coverage, subject to some conditions such as timely payment of premiums, for eighteen (18) months for loss of group health insurance coverage because of termination of employment or reduction in hours. The 18-month period may be extended to 36-months if other events (e.g., divorce, legal separation, death, or Medicare entitlement) occur during the same18-month period. The 18-month period may be extended for an additional 11-months (for a total of 29 months) if an individual is disabled (under the rules for Social Security disability benefits) and the Company is notified of that determination within 60 days. The affected individual must notify BCBS when it is determined (for purposes of Social Security disability benefits) that the individual is no longer disabled. Under COBRA, the employee or beneficiary pays the full cost of coverage at On Trac, Inc.’s group rates plus an administration fee. BCBS provides each eligible employee with a written notice describing rights granted under COBRA when the employee becomes eligible for coverage under On Trac Inc.’s health insurance plan. The notice contains important information about the employee’s rights and obligations. Dependent Care and Medical Reimbursements Windsor/On Trac, Inc. provides Full-Time employees the opportunity to deduct dependent care or medical services payments under a Section 125 Cafeteria Plan (Flexible Spending Plan). Employees must apply for this benefit at the time of enrollment or at the beginning of each calendar year. Once this election has been made, the election cannot be changed until the first of the next calendar year. This program allows employees to take a pretax deduction on qualified dependent care or qualified medical expenses up to a maximum set by the Company or a maximum set by law. All dependent care and/or medical expenses reimbursed under the Section 125 Cafeteria Plan must qualify as deductible expenses for Federal Income Tax purposes. The employee cannot be reimbursed by any other source or use as a deduction on his/her personal income tax return. The money set aside for dependent care or medical expenses must be used for expenses incurred during the plan year (January 1 to December 31) during which the employee makes the election. The employee has until March 31 to submit claims for the previous year. Any balance that the employee has in the account after March 31 is forfeited. 15
Examples of family-status changes for which employees are permitted to change their benefit elections are: • Marriage or divorce of the employee • Death of the employee's spouse or a dependent • Birth or adoption of a child of the employee • Termination of employment (or commencement of employment) of the employee's spouse • Switching from Part-Time to Full-Time employment status (or visa versa) by the employee or the employee's spouse • Significant changes in the health coverage of the employee or the spouse those are "attributable to the spouse's employment." The dependent care and medical reimbursement plans must be applied for separately. They are two different plans under the Section 125 Cafeteria Plan. 16
LEAVES OF ABSENCE Any employee may request a general Leave of Absence from Windsor/On Trac, Inc. at any time. Leaves of absences may be granted at the Company’s discretion. General leaves of absences are for employees who do not meet the requirements for leave under the more specific FMLA (Family and Medical Leave Act of 1993), or who have already used all of their leave under the FMLA. An employee’s benefit year may be extended for any significant leave of absence that may also result in the employee’s performance evaluation period being extended. Employees requesting a leave of absence are required to first use all accrued and unused Paid Time Off days (vacation) during the employee's leave. Once such PTO days are exhausted, the balance of the leave will be without pay, unless the employee is eligible for short-term disability benefits in accordance with applicable state law. While on Leave of Absence the employee cannot accrue further PTO for vacation or holiday purposes. The Company will not pay for any portion of an employee’s insurance benefits while they are on a Leave of Absence. The employee shall be responsible for making all insurance benefit payments for the upcoming month on or before the first day of each month. Failure to provide Windsor/On Trac, Inc. with full payment for the employee’s insurance benefits may result in the employee's benefits being immediately terminated. The employee’s insurance is also contingent upon the insurance carrier’s rules and policies. Legal Allowances for Leave Eligible employees are allowed leave for up to twelve (12) weeks in any twelve (12) month period (or longer if required by applicable state or local law or, in the case of a leave for an employee’s serious health condition, where a leave extension is requested and approved). For purposes of FMLA, allowable leave is calculated on a rolling period versus a calendar or fiscal year. Leave taken to care for a child after birth, adoption, or placement in the home for foster care must be taken in consecutive workweeks. Leave taken for the employee’s or a covered family member’s serious health condition may be taken consecutively, intermittently, or on a reduced work/leave schedule based on certified medical necessity. In such instances, Windsor/On Trac, Inc. will follow applicable federal and state laws in reviewing and approving such leave requests. The 1993 Family and Medical Leave Act was amended in 2008 to allow a family member of a wounded military personnel, active duty, national guard, reservist or temporary disabled retired to take up to twenty-six (26) weeks of unpaid leave under FMLA. Under this amendment a family member is defined as: spouse, father, mother, son or daughter (over age 18), brother, sister, aunt or uncle, or grandparents. Like all other provisions of the FMLA law, the employee must meet the requirements to apply and the time of absence will be calculated using a rolling year verses a calendar or fiscal year. Other forms of legal compliance regarding leaves include appearance at school by a parent when requested pursuant to the Education Code or performance of emergency duty by a volunteer firefighter. Specific information related to Military Leave, Jury Duty, or Voting Leave is further described in this section. Reinstatement from Leave Employees on a Leave of Absence, or extensions of Leave of Absence, are not guaranteed a position with the Company upon their return from the leave. At times the business/work circumstances change during the leave and the employee’s former position is no longer available due to job elimination. If the employee’s same position or a similar position is available when the employee requests to return, Windsor/On Trac, Inc. will consider the employee for re-hire and make best-efforts to identify a position. But under no circumstances does the Company guarantee re-hire following a Leave of Absence. 17
In situations where the Company is able to reinstate/re-hire an employee to a position following Leave of Absence, Windsor/On Trac, Inc. will not tolerate any form of retaliation against employees who have taken advantage of legal Leave of Absence allowances in good faith. Specific to Military Service: Individuals returning from qualified uniformed service duty will be entitled to job reinstatement in accordance to all state and federal law. Windsor/On Trac, Inc. does not discriminate against a person who: (1) is a member of, (2) or applies to be a member of, (3) or performs, (4) or has performed, (5) or applies to perform, or (6) has an obligation to perform services in a uniformed service. The Company does not discriminate against a person because he or she takes any action to enforce Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), testifies or assists another under USERRA, or otherwise participates in an investigation under USERRA. Bereavement It is not the policy of Windsor/On Trac, Inc. at this time to offer a program of paid Bereavement Leave. Jury Duty The Company encourages employees to fulfill their civic responsibilities by serving jury duty when summoned. Employees are required to present to their Manager/Supervisor copy of any jury duty summons they may receive. This will enable the supervisor to make arrangements to accommodate the employee’s absence. Employees are expected to return to work each day, or portion of the day, that they are not selected for jury duty or called as a witness. Windsor/On Trac, Inc. will pay the employee their hourly base pay rate times the number of hours he/she would otherwise have worked on the day of the absence. Upon completion of the trial, the employee must supply the Company with satisfactory proof of jury duty and record of any juror/witness payments in order to receive reimbursement for missed work. Unsubstantiated time off from work will not be paid. Employee’s wage during jury duty will be offset by any payments/fees received as a juror or witness, and no wage will be paid for jury duty over workweeks in which no Company work is performed. Family Medical Leave Act / FMLA Employees who qualify for leave under the Family and Medical Leave Act of 1993 (FMLA) will be granted time off within the following parameters described below. Windsor/On Trac, Inc. will grant family and medical leave to full-time and part-time employees (who meet the requirements described below) for the care of a child after birth or adoption or placement with the employee for foster care, the care of a covered family member (spouse, child, or parent) with a serious health condition, or in the event of an employee’s own serious health condition. Family and medical leaves will be granted for a period of up to twelve (12) weeks in any twelve (12) month period or longer if required by applicable state or local law. Family and Medical Leave is calculated on a twelve (12) month rolling period versus a calendar or fiscal year. An employee must have completed at least one full year of service with the Company and have worked a minimum of 1,250 hours in the twelve-month period preceding the leave to be eligible for FMLA. Employees who do not meet these requirements may apply for a general Leave of Absence. FMLA: Child/Family Care Leave An employee requesting FMLA leave to care for a child after birth, adoption, or placement in the home for foster care or to care for a covered family member with a serious health condition, will be granted unpaid leave under the following conditions: 1. If the leave is planned in advance, the employee must provide his/her Manager/Supervisor with a minimal 30-days notice prior to the anticipated leave date, using the Company’s official Request for Time Off or Leave-of-Absence Form. 18
2. If the leave is unexpected, the employee is to notify his/her Manager/Supervisor immediately and complete the Company’s official Request for Time Off or Leave-of-Absence Form as far in advance of the unexpected leave date as is practical. (Normally, this should be within two business days). All of Windsor/On Trac, Inc. benefits that operate off an accrual basis (e.g., PTO) will cease to accrue during any period of FMLA leave. Employees will not receive paid holiday benefit while out on FMLA leave unless the paid holiday occurs during the employees paid vacation time. Employees are required to use all accrued PTO (vacation) at the beginning of the FMLA leave period. Once such benefits are exhausted, the balance of the leave will be without pay. All group health benefits (e.g., major medical, hospitalization, and dental/vision insurance) will continue during the leave provided the employee continues regular contributions to these plans. FMLA: Leave for Serious Health Condition An employee requesting FMLA leave for serious health conditions will be granted leave under the following conditions: 1. If the leave is planned in advance, the employee must provide his/her manager/supervisor with a minimal 30-days notice prior to the anticipated leave date, using the Company’s official Request for Time Off or Leave-of-Absence Form. 2. If the leave is unexpected, the employee is to notify his/her Manager/Supervisor immediately and complete the Company’s official Request for Time Off or Leave-of-Absence Form as far in advance of the unexpected leave date as is practical. (Normally, this should be within two business days). 3. Any time that the employee expects to be or are absent for more than five consecutive workdays as a result of serious health conditions (including pregnancy), will be required to submit appropriate medical certification from a qualified physician. Such certification must include, at a minimum, the date the disability began, a diagnosis, and the probable date of return to work. 4. An employee requesting leave specifically to care for a covered family member with a serious health condition may be required to provide medical certification from the family member’s physician attesting to the nature of the serious health condition, probable length of time treatment will be required, and the reasons that the employee is required to care for this family member. All of Windsor/On Trac, Inc. benefits that operate off an accrual basis (e.g., PTO) will cease to accrue during any period of FMLA leave. Employees will not receive paid holiday benefit while out on FMLA leave unless the paid holiday occurs during the employees paid vacation time. Employees are required to use all accrued PTO (vacation) at the beginning of the FMLA leave period. Once such benefits are exhausted, the balance of the leave will be without pay. All group health benefits (e.g., major medical, hospitalization, and dental insurance) will continue during the leave provided the employee continues regular contributions to these plans. During leave for serious health conditions (either self or family members), the employee may also be required to provide Windsor/On Trac, Inc. with additional physicians’ statements on request from the Company and/or from the Company’s insurance carriers at reasonable intervals, attesting to the continued disability and inability to work. Employees may also be required to submit to medical examinations by physicians designated by Windsor/On Trac, Inc. at its discretion and at the Company’s expense, at the beginning of, during, or at the end of the leave period, and to provide Windsor/On Trac, Inc. with access to appropriate medical records as required. Employees who return from leave for serious health conditions will be required to present the Company with documentation from an attending physician indicating that the employee is capable of returning to work and performing the essential functions of the position, with or without reasonable accommodation. 19
Military Leave A Military Leave of Absence will be granted to employees as required by state and federal law upon presentation of competent military orders. Employees on temporary military duty (less than 31 days) are required to return to work at the first regularly scheduled shift after the end of training, allowing reasonable travel time. Employees on longer military leaves must apply for reinstatement in accordance with all applicable state and federal laws. Every reasonable effort will be made to return eligible employees to their previous position or a comparable one. They will be treated as though they were continuously employed for purposes of determining benefits based on length of service, such as the rate of vacation accrual and job seniority rights. Voting Leave Employees who do not have sufficient time outside of their regular working hours to vote in a statewide election may request time off to vote. If possible, employees should make their request at least two days in advance of the election. Up to two hours of unpaid time off will be provided, at the beginning or end of the employee’s regular shift, whichever will allow the freest time for voting and the least time off work. 20
WORKPLACE CONDUCT & EMPLOYEE POLICIES Rules of Work Windsor/On Trac, Inc. seeks to employ persons who are willing and able to perform the functions of their jobs in a satisfactory manner, to observe all work rules and regulations, and to devote quality time and attention to the business of the Company during working hours. It should be remembered that most employees are trusted to exercise a considerable degree of self-discipline and self-policing given the nature of our labor with tradespersons. However, to ensure orderly operations and provide the best possible work environment, Windsor/On Trac, Inc. expects employees to follow certain rules of conduct that will protect the interest and safety of all employees and the client organization. While is not possible to list all forms of behavior or actions that are considered unacceptable in the workplace, or to list every instance that might constitute “non-performance”, employees should attend to the following areas which may subject an employee to disciplinary actions: 1. Negligence in the performance of regular duties or performance not meeting essential job requirements including unsatisfactory work quality or quantity. 2. Insubordination, or refusal to perform assigned duties- including failure to follow direct instructions. 3. Excessive absenteeism or tardiness and/or failure to call in when sick, late, or unable to come to work. 4. Intoxication and/or use of intoxicating beverages or use of illegal drugs while on business premises or during business hours. 5. Unauthorized possession of any firearm, knife, or other instrument that may be generally regarded as a dangerous or deadly weapon on Company premises or during work hours. 6. Theft and/or unauthorized dissemination of proprietary/confidential Company information 7. Falsification or misrepresentation, including intentional misstatement or concealment of a material fact in employment records, falsifying records, misuse of employee benefits or privileges, falsifying labor billing units and/or general untruthfulness such as lying or willfully misrepresenting matters adversely affecting the Company. 8. Fighting or engaging in altercations, or display of aggressive or threatening behavior or intimidating, coercing, or interfering with a fellow employee or Manager/Supervisor or other officer of the Company. 9. Leaving work during work hours with out permission or abandoning a worksite without completing the job. 10. Coercing, inciting, bribing or otherwise inducing employees to engage in any practice in violation of Company policies or procedures. 11. Not reporting accidents, or violations of any safety rule or common safety practices/procedures, which results in a serious injury, property damage, or significant expense to the Company. 12. Acts injurious to the Company or conduct unbecoming of an employee of Windsor/On Trac, Inc. during working or non- working time. 13. Lack of professional and courteous treatment and service to customer/client subscribers and/or end- users. 14. Failure to comply with rules, policies, practices or procedures of the Company. 15. Allowing unauthorized persons on Company property or worksites. 16. Excessive personal phone calls, texts, tweets, or other non-business communications during work hours. 17. Failure to report to work in a neat, clean and well-groomed fashion in appropriate attire. 18. Discourtesy to other Company employees. 19. Other acts of misconduct. 21
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