Annotated Personnel Manual or Employment Handbook
WELCOME TO _____________________ (Name of Company) COMPANY 1
An interesting and challenging experience awaits you as an employee of
_____________________ (Name of Company) Company. To answer some of the
questions you may have concerning the Company and its policies, we have written this
handbook. Please read it thoroughly and retain it for future reference. The policies
stated in this handbook are subject to change at the sole discretion of
_____________________ (Name of Company) . From time to time, you may receive
updated information concerning changes in policy. If you have any questions regarding
any policies, please ask your supervisor or a member of our human resources
department for assistance. 2
This handbook is not a contract, express or implied, guaranteeing employment
for any specific duration. Although we hope that your employment relationship
with us will be long term, either you or _____________________ ( Name of
Company) may terminate this relationship at any time, for any reason, with or
without cause or notice. Please understand that no supervisor, manager, or
representative of _____________________ (Name of Company) other than the
president, the general counsel, or the vice president of human resources has the
authority to enter into any agreement with you for employment for any specified
period or to make any promises or commitments contrary to the foregoing.
Further, any employment agreement entered into by the president, the general
counsel, or the vice president of human resources shall not be enforceable
unless it is in writing. 3
We wish you the best of luck and success in your position and hope that your
employment relationship with _____________________ (Name of Company) will be a
rewarding experience.
ABOUT OUR COMPANY-- THE XYZ STORY (Sample History)
1
This section should welcome the new employee and introduce them to the character of
the company how the company began and who is in charge. Describe the company’s goals,
philosophy and core principles. Avoid describing the company like a family, as that might
imply indefinite employment.
2
This handbook has been prepared to inform new employees of the policies and
procedures of this company and to establish the company’s expectations. It is not all
inclusive or intended to provide strict interpretations of our policies; rather, it ofers an
overview of the work environment. This handbook is not a contract, expressed or implied,
guarantying employment for any length of time and is not intended to induce an employee
to accept employment with the company.
3
Sections 1.2 and 1.3 are essential items for a handbook. Employers are vulnerable to
lawsuits if they do not provide statements regarding the noncontractual nature of the
handbook or at-will employment. Employees should also agree to these terms on the
“Acknowledgment of Receipt” form. Some states limit the terms of at-will employment, so
consult with an employment attorney regarding your state’s laws.
XYZ was founded in 1975 by Dr . John Doe, a pathologist in Pell City, Alabama. From
the time he was a young boy, Dr. Doe dreamed of finding a cure for the world's most
deadly diseases. He went to medical school and after he graduated, he received a
grant from the Acme Corporation. With the funds from this grant, Dr. Doe started the
XYZ Company, a nonprofit research corporation, with a staff of one professional
researcher and two volunteers.
Several months later, Dr. Doe hired a staff of fund-raisers, who were able to increase
significantly the amount of funds available for XYZ's research. Over the next eleven
years, XYZ expanded its research staff to over 500 employees. XYZ also purchased
several buildings in Pell City for use as corporate and research headquarters and
procured some of the world's most sophisticated research equipment.
With funds from additional grants, XYZ was able to acquire ABC, Inc., a small company
headquartered in Eden, Alabama, with facilities also in Montana and Nevada and a total
professional staff of 500. The XYZ-ABC Research merger was completed in 1990.
Since that date, the newly formed XYZ Company has been continually expanding its
research activities and is now conducting research into cures for various types of
cancer, multiple sclerosis (MS), and AIDS, among other serious illnesses. In fact, in
1987, XYZ received a grant from the federal government of $50 million to further its
efforts to find a cure for MS.
In total, XYZ employs over 5,000 professional and technical workers as well as a highly
effective support staff, all devoted to finding cures for the world's most complex and
troublesome illnesses.
We proudly welcome you to the XYZ team. We are confident that through your efforts
and dedication, XYZ will continue to make advances in finding cures for the most
dreaded diseases known to humankind.
I. EQUAL EMPLOYMENT OPPORTUNITY 4
A. _____________________ (Name of Company) provides equal
employment opportunities to all employees and applicants for employment
without regard to race, color, religion, sex, national origin, age 5
, disability, military
or veteran status 6
in accordance with applicable federal laws. In addition,
_____________________ (Name of Company) complies with applicable state
and local laws governing nondiscrimination in employment in every location in
4
Several laws enforced by the U.S. Equal Opportunity Employment Commission prohibit
workplace discrimination. The Americans with Disabilities Act requires employers to
provide, among other things, reasonable accommodations to qualified individuals with
disabilities unless to do so would cause an undue hardship to the company. Include an
equal opportunity statement and a disability statement to exhibit that your company
observes these laws. The company should be aware of state and/or local laws which
provide greater protection than the federal discrimination laws, such as recognizing
additional protected classes beyond those protected by federal statute.
5
The Age Discrimination Act of 1967 expanded Title VII to include age. An employer with
20 or more employees cannot discriminate against employees or prospective employees
who are over the age of 40.
which _____________________ (Name of Company) has facilities. This policy
applies to all terms and conditions of employment, including but not limited to,
hiring, placement, promotion, termination, layoff, recall, transfer, leaves of
absence, compensation, and training.
B. _____________________ (Name of Company) expressly prohibits any
form of unlawful employee harassment based on race, color, religion, sex,
national origin, age, disability, military or veteran status, or status in any group
protected by state or local law. Improper interference with the ability of
_____________________ (Name of Company) employees to perform their
expected job duties is not tolerated.
C. With respect to sexual harassment 7
, _____________________ (Name of
Company) prohibits the following:
1. Unwelcome sexual advances; requests for sexual favors; and all
other verbal or physical conduct of a sexual or otherwise offensive nature,
especially where:
a. Submission to such conduct is made either explicitly or
implicitly a term or condition of employment;
b. Submission to or rejection of such conduct is used as the
basis for decisions affecting an individual's employment; or
c. Such conduct has the purpose or effect of creating an
intimidating, hostile, or offensive working environment.
2. Offensive comments, jokes, innuendos, and other sexually oriented
statements.
D. Complaint Procedure 8
1. Each member of management is responsible for creating an
atmosphere free of discrimination and harassment, sexual or otherwise.
Further, employees are responsible for respecting the rights of their co-
workers.
2. If you experience any job-related harassment based on your sex,
race, national origin, disability, or another factor, or believe that you have
been treated in an unlawful, discriminatory manner, promptly report the
incident to your supervisor, who will investigate the matter and take
appropriate action, including reporting it to the director of human resources.
If you believe it would be inappropriate to discuss the matter with your
supervisor, you may bypass your supervisor and report it directly to the
head of your department or to the director of human resources, who will
undertake an investigation. Your complaint will be kept confidential to the
maximum extent possible.
E. If _____________________ (Name of Company) determines that an
employee is guilty of harassing another individual, appropriate disciplinary action
will be taken against the offending employee, up to and including termination of
employment.
F. _____________________ (Name of Company) prohibits any form of
retaliation 9
against any employee for filing a bona fide complaint under this policy
or for assisting in a complaint investigation. However, if, after investigating any
6
The afrmative action provisions of the Vietnam Era Veterans' Readjustment Assistance
Act of 1974 (VEVRAA) prohibits job discrimination and requires federal contractors and
subcontractors to take afrmative action to employ and advance in employment qualified
Vietnam era veterans, special disabled veterans, recently separated veterans, and veterans
who served on active duty during a war on in a campaign or expedition for which a
campaign badge has been authorized. This law is enforced by the Veterans' Employment
and Training Service (VETS). Military reservists and National Guard members called to
active duty have rights and responsibilities under the Uniformed Services Employment and
Reemployment Rights Act. (USERRA).
7
This company prohibits discrimination or harassment based on race, color, religion, creed,
sex, national origin, age, disability, marital status, veteran status or any other status
protected by applicable law. Each individual has the right to work in a professional
atmosphere that promotes equal employment opportunities and is free from discriminatory
practices, including without limitation harassment.
8
Employees want their complaints to be easy to report, acknowledged, and dealt with
quickly, fairly and sensitively. A written complaint handling policy is a good way to ensure
that complaints are taken seriously, and dealt with appropriately and consistently. It also
helps to support your staf, so be sure they understand your policy.
complaint of harassment 10
or unlawful discrimination, _____________________
(Name of Company) determines that the complaint is not bona fide or that an
employee has provided false information regarding the complaint, disciplinary
action may be taken against the individual who filed the complaint or who gave
the false information.
II. EMPLOYMENT OF RELATIVES. _____________________ (Name of Company)
permits the employment of qualified relatives of employees as long as such employment
does not, in the opinion of _____________________ (Name of Company) , create actual
or perceived conflicts of interest. For purposes of this policy, relative is a spouse, child,
parent, sibling, grandparent, grandchild, aunt, uncle, first cousin, or corresponding in-law
or step relation. _____________________ (Name of Company) will exercise sound
business judgment in the placement of related employees in accordance with the
following guidelines:
A. Individuals who are related by blood or marriage are permitted to work in
the same _____________________ (Name of Company) facility, provided no
direct reporting or supervisory/management relationship exists. That is, no
employee is permitted to work within the chain of command of a relative such that
one relative's work responsibilities, salary, or career progress could be influenced
by the other relative.
B. No relatives are permitted to work in the same department or in any other
positions in which _____________________ (Name of Company) believe an
inherent conflict of interest may exist.
C. Employees who marry while employed are treated in accordance with
these guidelines. That is, if, in the opinion of _____________________ ( Name of
Company) , a conflict or apparent conflict arises as a result of the marriage, one of
the employees will be transferred at the earliest practicable time.
D. This policy applies to all categories of employment at
_____________________ (Name of Company) , including regular, temporary, and
part-time classifications.
III. ORIENTATION PROGRAM
A. During your first few days of employment, you will participate in an
orientation program conducted by human resources and various members of your
department, including your supervisor. During this program, you will receive
9
The types of retaliation that are prohibited include but are not limited to: Intimidation;
adverse actions with respect to the reporter's work assignments, salary, vacation, and
other terms of employment; unlawful discrimination; and termination of employment;
10
Harassment is generally defined as unwelcome verbal or non-verbal conduct, based upon
a person’s protected characteristic, that denigrates or shows hostility or aversion toward
the person because of the characteristic, and which afects the person’s employment
opportunities or benefits, has the purpose or efect of unreasonably interfering with the
person’s work performance, or has the purpose or efect of creating an intimidating, hostile
or ofensive working environment.
important information regarding the performance requirements of your position,
basic _____________________ (Name of Company) policies, affirmative action
plans, your compensation, and benefits programs, plus other information
necessary to acquaint you with your job and _____________________ (Name of
Company) . You will also be asked to complete all necessary paperwork at this
time, such as medical benefits plan enrollment forms, beneficiary designation
forms, and appropriate federal, state, and local tax forms. At this time, you will be
required to present the _____________________ (Name of Company) with
information establishing your identity and your eligibility to work in the United
States in accordance with applicable federal law.
B. Please use this orientation program to familiarize yourself with
_____________________ (Name of Company) and our policies and benefits. We
encourage you to ask any questions you may have during this program so that
you will understand all the guidelines that affect and govern your employment
relationship with us.
IV. JOB POSTING
A. _____________________ (Name of Company) believes in promoting
employees from within and has established a job-posting program to give all
employees an opportunity to apply for positions that they are interested in and
qualified for. Vacancies below the senior management level are normally posted
on designated bulletin boards at all _____________________ (Name of
Company) locations. Postings generally include the title, the salary range, the
minimum hiring specifications, the essential functions of the job, and the closing
date for filing applications. Positions are normally posted for ten workdays.
B. To be eligible to apply for a posted position, you must meet the minimum
hiring specifications for the position, be capable of performing the essential
functions of the job, with or without a reasonable accommodation, be an
employee in good standing in terms of your overall work record, and generally
have been in your current position for a minimum of six months.
C. You are responsible for monitoring job vacancy notices and for completing
and filing an in-house application form with the human resources department
during the posting period for a specific opening.
D. You are not required to notify your supervisor when submitting an
application for a posted position. However, if you are a finalist for the position,
your supervisor will be notified prior to the completion of the application process
for, among other things, a recommendation. A member of the human resources
department will contact you regarding your application and the status of your
candidacy.
V. PERSONNEL FILES 11
11
In most circumstances, employee personnel files should be treated as private records that belong to you
and the corresponding employee. Many times these files contain very private information like performance
A. _____________________ (Name of Company) maintains personnel files
on each employee. These files contain documentation regarding all aspects of
the employee's tenure with _____________________ (Name of Company) , such
as performance appraisals, beneficiary designation forms, disciplinary warning
notices, and letters of commendation. You may review your personnel file on an
annual basis. If you are interested in reviewing your file, contact the human
resources department to schedule an appointment. These files are the property of
_____________________ (Name of Company) .
B. To ensure that your personnel file is up-to-date at all times, notify your
supervisor or the human resources department of any changes in your name,
telephone number, home address, marital status, number of dependents,
beneficiary designations, scholastic achievements, the individuals to notify in case
of an emergency, etc.
VI. NONDISCRIMINATION AGAINST AND ACCOMMODATION OF INDIVIDUALS
WITH DISABILITIES 12
A. _____________________ (Name of Company) complies with the
Americans with Disabilities Act and applicable state and local laws providing for
nondiscrimination in employment against qualified individuals with disabilities.
_____________________ (Name of Company) also provides reasonable
accommodation for such individuals in accordance with these laws. In this
connection, _____________________ (Name of Company) evaluates the
feasibility of requested accommodations in light of the ADA's guidelines, and
determines whether such accommodations will create an undue hardship on
_____________________ (Name of Company) . It is _____________________
(Name of Company) policy to, without limitation:
1. Ensure that qualified individuals with disabilities are treated in a
nondiscriminatory manner in the pre-employment process and that
employees with disabilities are treated in a nondiscriminatory manner in all
terms, conditions, and privileges of employment.
evaluations, salary levels and private reports. You don't want to leave these files open for anyone to go
through.
12
The Americans with Disabilities defines disability very broadly and includes any person
with: (1) a physical or mental impairment which substantially limits one or more of the
individual's major life activities; (2) a record of such an impairment; or (3) an individual who
is regarded by the employer as having such an impairment. The test is a two-pronged test.
First, you must decide whether or not there is a physical or mental impairment. If so, you
must decide whether or not it substantially limits a major life function. The ADA makes it
unlawful for an employer to discriminate against any qualified individual with a disability
because of the disability. A qualified individual with a disability is any person who, with or
without reasonable accommodation, can perform the essential functions of the job. The
statute defines reasonable accommodation to include physical alteration of existing
facilities to make them accessible to people with disabilities, restructuring jobs, allowing
part-time or modified working schedules, acquiring or modifying equipment, and hiring
qualified readers for the blind or interpreters for the deaf.
2. Administer medical examinations (a) to applicants only after
conditional offers of employment have been extended, and (b) to
employees only when justified by business necessity or as part of (Name
of Company) voluntary annual physical examination program.
3. Keep all medical-related information confidential in accordance with
the requirements of the ADA and retain such information in separate
confidential files.
4. Provide applicants and employees with disabilities with reasonable
accommodation, except where such an accommodation would create an
undue hardship on _____________________ (Name of Company) .
5. Notify individuals with disabilities that _____________________
(Name of Company) provides reasonable accommodation to qualified
individuals with disabilities, by including this policy in
_____________________ (Name of Company) employee handbook and in
its corporate policies and procedures manual and by posting the Equal
Employment Opportunity Commission's poster on not discriminating
against individuals with disabilities and other protected groups
conspicuously throughout _____________________ (Name of Company)
facilities.
B. Procedure for Requesting an Accommodation . Qualified individuals with
disabilities may make requests for reasonable accommodation to
_____________________ (Name of Company) equal opportunity/affirmative
action officer (EEO officer). On receipt of an accommodation request, the EEO
officer will meet with the requesting individual to discuss and identify the precise
limitations resulting from the disability and the potential accommodation that
_____________________ (Name of Company) might make to help overcome
those limitations.
C. The EEO officer, in conjunction with the vice president of human resources,
the medical review officer and, if necessary, appropriate management
representatives identified as having a need to know (e.g., the individual's
supervisor/department head), will determine the feasibility of the requested
accommodation, considering various factors, including, but not limited to, the
nature and cost of the accommodation, the availability of tax credits and
deductions, outside funding, the facility's overall financial resources and
organization, and the accommodation's impact on the operation of the facility,
including its impact on the ability of other employees to perform their duties and
on the facility's ability to conduct business.
D. The EEO officer will inform the requesting individual of
_____________________ (Name of Company) decision on the accommodation
request or on how to make the accommodation. If the accommodation request is
denied, the individual will be advised of their right to appeal
_____________________ (Name of Company) decision to the President of
_____________________ (Name of Company) by submitting a written statement
to the EEO officer along with the reasons for the request.
E. The President will appoint an executive committee to review all such
appeals. After reviewing an employee's appeal, the committee will notify the EEO
officer of its decision. The EEO officer will, in turn notify the individual making the
appeal of the decision, which will be final.
VII. CLASSIFICATIONS OF EMPLOYMENT
A. For purposes of salary administration and eligibility for overtime payments
and employee benefits, _____________________ (Name of Company) classifies
its employees as follows:
B. Full time regular employees. Employees hired to work
_____________________ (Name of Company) normal, full-time, thirty-five hour
workweek on a regular basis. Such employees may be exempt or nonexempt as
defined below.
C. Part-time regular employees. Employees hired to work fewer than thirty-
five per week on a regular basis. Such employees may be exempt or nonexempt
as defined below.
D. Temporary employees. Employees engaged to work full time or part time
on _____________________ (Name of Company) payroll with the understanding
that their employment will be terminated no later than on completion of a specific
assignment. [Note that a temporary employee may be offered and may accept a
new temporary assignment with _____________________ (Name of Company)
and thus still retain temporary status]. Such employees may be exempt or
nonexempt as defined below. [Note that employees hired from temporary
employment agencies for specific assignments are employees of the respective
agency and not of _____________________ (Name of Company)] .
E. Leased Workers. Workers assigned to work at _____________________
(Name of Company) through a leasing organization. Leased workers are similar
to contract temporary workers assigned to work at _____________________
(Name of Company) through temporary employment agencies. Leased workers
differ from contract temporaries, however, in that leased workers are normally
engaged for extended periods of time as opposed to the brief periods for which
temporary agency workers are engaged. Leased workers may be exempt or
nonexempt as defined below. Leased workers are employees of the leasing
organization and not of _____________________ (Name of Company) .
F. Nonexempt employees. 13
Employees who are required to be paid
13
Most employees are entitled to overtime pay under the Fair Labor Standards Act. They are
called non-exempt employees. Employers must pay them one-and-a-half times their regular
rate of pay when they work more than 40 hours in a week. The biggest problem most
employers have with nonexempt employees is miscalculating how much overtime workers
are owed. The Fair Labor Standards Act contains dozens of exemptions under which specific
overtime at the rate of time and one half ( i.e., one and one-half times) their regular
rate of pay for all hours worked beyond forty hours in a workweek, in accordance
with applicable federal wage and law hours, or more frequently, such as for all
hours worked beyond eight on a given day in accordance with certain state wage
and hour laws.
G. Exempt employees. Employees who are not required to be paid overtime,
in accordance with applicable federal wage and hour laws, for work performed
beyond forty hours in a workweek. Executives, professional employees, outside
sales representatives, and certain employees in administrative positions are
typically exempt.
H. You will be informed of your initial employment classification as an exempt
or nonexempt employee during your orientation session. If you change positions
during your employment as a result of a promotion, transfer, or otherwise, you will
be informed by the human resources department of any change in your exemption
status.
I. Please direct any questions regarding your employment classification or
exemption status to the human resources department.
VIII. WORK HOURS
A. The regular workweek for all full-time employees is forty hours, divided into
five days, Monday Through Friday, with employees regularly scheduled to work
eight hours per day.
B. The normal work hours for full-time employees are 8:00 A.M. to 5:00 P.M.,
with a one-hour unpaid meal period, normally taken between and 12:00 P.M. and
2:00 P.M. The time of your meal period will be designated by your supervisor. If
you are a part-time employee, your working hours and schedule will be arranged
by your supervisor.
C. Daily and weekly work schedules may be changed from time to time at the
discretion of _____________________ (Name of Company) to meet the varying
conditions of our business. Changes in work schedules will be announced as far
in advance as practicable.
IX. RECORDING WORK HOURS
A. It is the policy of _____________________ (Name of Company) to comply
with applicable laws that require records to be maintained of the hours worked by
our employees. To ensure that accurate records are kept of the hours you
actually work (including overtime where applicable) and of the accrued leave time
categories of employers and employees are exempted from overtime requirements. The
most common exemptions are the white-collar exemptions for administrative, executive,
and professional employees, computer professionals, and outside sales employees.
you have taken, and to ensure that you are paid in a timely manner, you will be
required to record your time worked and your absences on
_____________________ (Name of Company) official time record form. This
form should be completed daily and signed and forwarded to your supervisor on a
weekly basis. After reviewing the form and resolving any discrepancies, your
supervisor will sign the form and forward it to payroll for processing.
B. Please ensure that your actual hours worked and leave time taken are
recorded accurately. Falsification of a time record is a breach of company policy
and is grounds for disciplinary action, including the possibility of discharge.
X. REGULAR PAY PROCEDURES
A. All _____________________ ( Name of Company) employees are normally
paid by check on a semi-monthly basis, usually on the fifteenth and on the last
days of each month. If a scheduled payday falls on a Saturday, Sunday, or
company-observed holiday, you will usually be paid on the day preceding the
weekend or holiday. All required deductions, such as for federal, state, and local
taxes, and all authorized voluntary deductions, such as for health insurance
contributions, will be withheld automatically from your paychecks.
B. Please review your paycheck for errors. If you find a mistake, report it to
your supervisor immediately. Your supervisor will assist you in taking the steps
necessary to correct the error.
C. In the event that your paycheck is lost or stolen, please notify your
supervisor immediately. Your supervisor will, in turn, notify our payroll supervisor
who will attempt to put a stop-payment notice on your check. If we are unable to
do so, you will be issued another check. Unfortunately, however,
_____________________ (Name of Company) is unable to take responsibility for
lost or stolen paychecks, and if we are unable to stop payment on your check, you
alone will be responsible for such loss.
XI. OVERTIME PAY PROCEDURES 14
A. If you are classified as a nonexempt employee (see the classifications of
employment policy section for the definition of nonexempt employee), you will
receive compensation for approved overtime work as follows:
1. You will be paid one and one-half times your regular hourly rate of
pay for all hours worked beyond the fortieth hour in any given workweek.
2. You will be paid one and one-half times your regular hourly rate of
pay for all hours actually worked on Saturdays or Sundays regardless of
the number of hours worked during the regular workweek.
14
Id.
3. You will be paid one and one-half times your regular hourly rate of
pay for all hours worked on a company-observed holiday in addition to
receiving your regular holiday pay.
B. Your supervisor will attempt to provide you with reasonable notice when
the need for overtime work arises. Please remember, however, that advance
notice may not always be possible.
C. You will normally receive payment for overtime in the pay period following
the period in which such overtime is worked, providing that your time record has
been properly prepared, approved by your supervisor, and forwarded to payroll for
processing in a timely manner.
XII. SALARY ADMINISTRATION PROGRAMS
A. To attract and retain above-average employees, _____________________
(Name of Company) endeavors to pay salaries competitive with those paid by
other employers in our industry and in the applicable labor markets in which we
maintain facilities. In line with this objective, _____________________ (Name of
Company) monitors its wage scales to ensure that they are kept in line with local
as well as national economic conditions.
B. Each position at _____________________ (Name of Company) has been
studied and assigned a salary grade. Each grade has been assigned a
corresponding salary range. Periodically, _____________________ (Name of
Company) may revise its job descriptions, evaluate individual jobs to ensure that
they are rated and paid appropriately, and review job specifications to ensure that
they are job related.
C. Your salary will be reviewed on an annual basis, and if you are granted a
salary increase, it will normally be effective on your anniversary date.
D. Your total compensation at _____________________ (Name of Company)
consists not only of the salary you are paid but also of the various benefits you are
offered, such as group health and life insurance and your retirement plan, as
described in a later section of this handbook.
E. Questions regarding our salary administration program or your individual
salary should be directed to your supervisor or the human resources department.
XIII. PERFORMANCE REVIEWS
A. To ensure that you perform your job to the best of your abilities, it is
important that you be recognized for good performance and that you receive
appropriate suggestions for improvement when necessary. Consistent with this
goal, your performance will be evaluated by your supervisor on an ongoing basis.
You will also receive periodic written evaluations of your performance. If you are
a nonexempt employee (as defined under classifications of employment earlier in
this section of the handbook), such evaluations will normally occur after you have
been employed for six months, on your first anniversary date, and annually
thereafter. In addition, if you are promoted or transferred to a new position, your
performance will normally be evaluated in writing after you have been in your new
job for six months. _____________________ (Name of Company) endeavors to
conduct written performance reviews of each exempt employee's performance
annually.
B. All written performance reviews will be based on your overall performance
in relation to your job responsibilities and will also take into account your conduct,
demeanor, and record of attendance and tardiness.
C. In addition to the regular performance evaluations described above, special
written performance evaluations may be conducted by your supervisor at any time
to advise you of the existence of performance or disciplinary problems.
XIV. FAMILY AND MEDICAL LEAVES OF ABSENCE 15
A. _____________________ (Name of Company) will grant a leave of
absence to regular full-time and regular 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 family member
(spouse, child, or parent) with a serious health condition, or in the event of an
employee's own serious health condition. Leaves will be granted for a period of
up to twelve weeks in any twelve-month period.
B. An employee must have completed at least one full year of service with
_____________________ (Name of Company) and have worked a minimum of
1,250 hours in the twelve-month period preceding the leave to be eligible for such
leave. In addition, to be eligible for leave, an employee must work at _________
(a/an) _____________________ (Name of Company) facility that employs at least
fifty employees at that facility or within seventy-five miles of that facility.
C. Child/Family Care Leave. If you request a leave of absence to care for a
child after birth, adoption, or placement in your home for foster care or to care for
a covered family member with a serious health condition, you will be granted
unpaid leave under the following conditions:
1. If the leave is planned in advance, you must provide us with at least
thirty days' notice prior to the anticipated leave date, using
15
The Family and Medical Leave Act (FMLA) is a federal act that entitles employees of an employer with 50 or
more employees to up to 12 weeks of unpaid leave during any 12 month period for the following reasons:
birth or adoption of a child;
to care for a spouse, child or parent with a serious health problem; or
a serious health problem of the employee that makes the employee unable to do his or her job.
To be eligible for this leave, an employee must be employed by an employer for 12 months or more and have
worked at least 1250 hours during the 12 months prior to the leave.
_____________________ (Name of Company) official Leave-of-Absence
Request Form.
2. If the leave is unexpected, you should notify your supervisor and the
human resources department by filing the Leave-of-Absence Request
Form as far in advance of the anticipated leave date as is practicable.
(Normally, this should be within two business days of when you become
aware of your need for the leave.)
3. All benefits of _____________________ (Name of Company) that
operate on an accrual basis (e.g., vacation, sick, and personal days) will
cease to accrue during the leave period. You will be required to use all
accrued, unused vacation and personal days during the leave period.
Once such benefits are exhausted, the balance of the leave will be without
pay.
4. All group health benefits (e.g., major medical, hospitalization, and
dental insurance) will continue during the leave provided you continue
regular employee contributions to these plans. (Other benefits, such as
pension, 401(k), life insurance, and long-term disability will be governed in
accordance with the terms of each benefits plan.)
5. Employees requesting a leave 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. Employees may also be required to provide additional
physician's statements at _____________________ ( Name of Company)
request. Further, the family member may be required to submit to medical
examination by physicians designated by _____________________
(Name of Company) at its discretion and at _____________________
_____________________ (Name of Company) expense.
XV. Leave for Employee's Serious Health Condition
A. If you request a leave of absence for your own serious health condition,
you will be granted leave under the following conditions:
1. If the leave is planned in advance, you must provide us with at least
thirty days' notice prior to the anticipated leave date, using
_____________________ (Name of Company) official Leave-of-Absence
Form.
2. If the leave is unexpected, you should notify your supervisor and the
human resources department by filing the Leave-of-Absence Request
Form as in advance of the anticipated leave date as is practicable.
(Normally, this should be within two business days of when you become
aware of your need for the leave.)
3. Any time that you expect to be or are absent for more than five
consecutive work days as a result of your own serious health condition
(including pregnancy), you will be required to submit appropriate medical
certification from your physician. Such certification must include at a
minimum, the date the disability began, a diagnosis, and the probable date
of your return to work.
4. All of _____________________ (Name of Company) benefits that
operate on an accrual basis (e.g., vacation, sick, and personal days) will
cease to accrue during your leave period.
5. You will be required to use all accrued, unused sick, vacation, and
personal days during your leave, prior to being eligible for any benefits
under _____________________ (Name of Company) salary continuation
plan. Once such accrued benefits are exhausted, the balance of your leave
will be without pay, unless you are eligible for short-term disability benefits
in accordance with applicable state law or salary continuation in
accordance with the terms of _____________________ (Name of
Company) salary continuation plan.
6. All group health benefits will continue during the leave provided you
continue regular employee contributions to these plans. (Other benefits,
such as pension, 401(k), life insurance, and long-term disability will be
governed in accordance with the terms of each benefits plan.)
7. During your leave, you may also be required to provide
_____________________ (Name of Company) with additional physician's
statements on request from _____________________ (Name of
Company) of _____________________ (Name of Company) insurance
carriers, attesting to your continued disability and inability to work. You may
also be required to submit to medical examinations by physicians
designated by _____________________ (Name of Company) at its
discretion and at ( Name of Company) expense, at the beginning of, during,
or at the end of your leave period, and to provide with access to your
medical records as required.
8. Before you will be permitted to return from medical leave, you will be
required to present _____________________ (Name of Company) with a
note from your physician indicating that you are capable of returning to
work and performing the essential functions of your position with or without
reasonable accommodation. Where required, _____________________
(Name of Company) will consider making reasonable accommodation for
any disability you may have in accordance with applicable laws.
B. Leave Entitlement
1. Eligible employees are entitled to leave for up to twelve weeks in
any twelve-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).
2. Leave taken to care for a child after birth, adoption, or placement in
your 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, _____________________ (Name of Company) will follow
applicable federal and state laws in reviewing and approving such leave
requests.
C. Reinstatement Rights. Eligible employees are entitled on return from
leave to be reinstated to their former position or an equivalent position with
equivalent employment benefits, pay, and other terms and conditions of
employment. Exceptions to this provision may apply if business circumstances
have changed (e.g., if the employee's position is no longer available due to a job
elimination). Exceptions may also apply for certain highly compensated
employees under certain conditions. In addition, employees on a leave extension
are not guaranteed reinstatement.
XVI. Leaves for Employees Who Do Not Meet the Minimum Service Requirements
A. Full-time regular and part-time regular employees who have less than one
year of service and/or who have not worked a minimum of 1,250 hours during the
twelve-month period prior to their leave or who work at a facility that employs
fewer than fifty employees at or within seventy-five miles of the facility may also
request leaves of absence for the care of a child after birth or adoption or
placement with the employee for foster care, the care of a family member
(spouse, child, or parent) with a serious health condition, or in the event of an
employee's own serious health condition, subject to the following terms and
conditions:
B. Leave requests must be made at least thirty days in advance of the date
the employee would like the leave to begin or, in emergency situations, with as
much advance notice as is practicable, using _____________________ (Name of
Company) official Leave-of Absence Request Form. (Normally, this should be
within two business days of when the need for the leave becomes known to the
employee.)
C. The certification requirements and the conditions for required use of
accrued time off, benefits accrual, and continuation of group health insurance
during leave set forth in XIV and XV apply to all leave requests.
D. Unless applicable state or local law requires otherwise, leaves will be
limited to a thirty-day maximum duration, except leaves for the employee's own
serious health condition, which may be granted for up to a twelve-week period
and which may be taken intermittently.
E. Unless applicable state or local law requires otherwise, reinstatement will
not be guaranteed to any employee requesting a leave under this Section XVII .
However, _____________________ (Name of Company) will endeavor to place
employees returning from leave in their former position or a position comparable
in status and pay, subject to budgetary restrictions and _____________________
(Name of Company) need to fill vacancies its ability to find qualified temporary
replacements.
F. All questions regarding leaves of absence should be directed to
_____________________ (Name of Company) human resources department.
Leave-of-Absence Request Forms are also available from the human resources
department.
XVII. MILITARY LEAVES OF ABSENCE . Leaves of absence without pay for military or
Reserve duty are granted to full-time regular and part-time regular employees. If you are
called to active military duty or to Reserve or National Guard training, or if you volunteer
for the same, you should submit copies of your military orders to your supervisor as soon
as is practicable. You will be granted a military leave of absence without pay for the
period of military service, in accordance with applicable federal and state laws. If you
are a reservist or a member of the National Guard, you are granted time off without pay
for required military training. Your eligibility for reinstatement after your military duty or
training is completed is determined in accordance with applicable federal and state laws.
XVIII. BEREAVEMENT LEAVE . If you are a full-time regular or part-time regular
employee and a death occurs in your family, you will be compensated for time lost from
your regular work schedule in accordance with the following guidelines.
A. You will be granted up to five days off from work with pay in the event of
the death of your spouse, child, parent, or sibling; up to three days in the event of
the death of your grandparents, father-in-law, mother-in-law, son-in-law, or
daughter-in-law; and one day in the event of the death of a relative not a member
of your immediate family as defined above.
B. Requests for bereavement leave should be made to your immediate
supervisor.
XIX. JURY AND WITNESS DUTY LEAVE
A. If you are a full-time regular employee who is summoned to jury duty,
_____________________ (Name of Company) continues your salary during your
active period of jury duty for up to a maximum of fifteen working days per calendar
year. You are also permitted to retain the allowance you receive from the court
for such service. If you are not a full-time regular employee, you are given time
off without pay while serving jury duty.
B. All employees are allowed unpaid time off if summoned to appear in court
as a witness.
C. To qualify for jury or witness duty leave, you must submit to your supervisor
a copy of the summons to serve as soon as it is received. In addition, proof of
service must be submitted to your supervisor when your period of jury or witness
duty is completed.
D. _____________________ (Name of Company) will make no attempt to
have your service on a jury postponed except when business actions necessitate
such action.
XX. VACATIONS. Because we recognize the importance of vacation time in providing
the opportunity for rest, recreation, and personal activities, _____________________
(Name of Company) grants annual, paid vacations to its full-time regular and part-time
regular employees. The amount of vacation to which you are entitled depends on your
status as an exempt or nonexempt employee (as defined earlier in this handbook) and
on your length of service as of your anniversary date, as follows:
Full-Time Regular Nonexempt Employees
Years of Service Annual Vacation Allowance Monthly Accrual (days)
1 through 4 10 days 5/6
5 through 9 15 days 1.25
10 or more 20 days 1 2/3
Full-Time Regular Exempt Employees
Years of Service Annual Vacation Allowance Monthly Accrual (days)
1 through 4 15 days 1.25
5 or more 20 days 1 2/3
C. Part-time regular employees accrue vacation on schedules proportionate to
these but are paid only for the number of hours they would normally be scheduled
to work during the vacation period. For example, after completing three years of
service, a nonexempt part-time regular employee who is regularly scheduled to
work twenty hours per week is entitled to ten days or two weeks of vacation time,
and based on the employee's regular schedule of twenty hours per week is paid
for twenty hours for each week of vacation.
D. Newly hired full-time regular and part-time regular employees may take one
half of their first year's vacation entitlement after completing six months of
employment.
E. VACATION CARRYOVER. Vacation may be taken as time accrues at any
point during the year. However, you may not carry over any vacation time beyond
your next anniversary date. For example, if you are eligible for ten days of
vacation on your first anniversary date of service with _____________________
(Name of Company) , you must use this vacation time before your second
anniversary dated, and so on.
F. PAY IN LIEU OF VACATION. Employees are required to take their earned
vacation. No payments will be made in lieu of taking vacation, except for accrued
unused vacation at the time of termination.
G. HOLIDAY WITHIN VACATION PERIOD. In the event that a holiday
observed by _____________________ (Name of Company) falls within a
scheduled vacation period, you will be granted an alternate day of vacation at a
later date.
H. VACATION SCHEDULING . Vacations may be taken as weekly period or
as individual days as long as the periods chosen meet departmental approval.
You should submit a vacation request form to your supervisor at least two weeks
before the date you wish your vacation to begin.
I. VACATION PAY ADVANCES. If you wish to receive vacation pay before a
scheduled vacation, you must indicate this in the appropriate section of the
vacation request form when you submit this form to your supervisor at least two
weeks before the start of your scheduled vacation.
J. VACATION FOR TERMINATING EMPLOYEES . Employees terminating
employment for any reason are entitled to payment for all accrued unused
vacation time, calculated on a pro rata basis.
XXI. HOLIDAYS
A. _____________________ (Name of Company) usually provides paid time
off to all full-time regular and part-time regular employees on the following
holidays:
New Year's Day Labor Day Martin Luther King's Birthday
Veterans Day Presidents Day Thanksgiving Day
Memorial Day Day after Thanksgiving Day
Independence Day Christmas Day
B. Holidays falling on a Saturday are normally observed on the preceding
Friday. Holidays falling on a Sunday are normally observed on the following
Monday. You are notified prior to the beginning of each calendar year of the
actual dates on which each of these holidays is observed.
C. In order to be eligible to receive holiday pay, you are required to work your
regularly scheduled hours the workday preceding and workday following the
holiday. In accordance with _____________________ (Name of Company)
policy, an approved vacation day or any other excused and pay day off is
considered a day worked for purposes of holiday pay eligibility.
XXII. PERSONAL DAYS
A. In addition to providing paid time off for company-designated holidays,
_____________________ (Name of Company) permits full-time regular
employees to take up to three paid personal days annually for personal business
that cannot be taken care of outside regular business hours and for religious
observances, ethnic holidays, and other events of personal significance. Personal
days may also be used by employees with disabilities for the purpose of securing
necessary treatment. Note that personal days may not be used to extend
scheduled vacations. At the discretion of their supervisor, part-time regular and
temporary employees may also be granted time off for personal reasons without
pay.
B. Full-time regular employees accrue one personal day for every four months
actually worked during the calendar year. Newly hired full-time regular employees
are eligible for personal days during the calendar year in which they were hired in
accordance with the following schedule:
Date Employed Personal Day Entitlement
January 1 -- March 31 3 days
April 1 -- June 30 2 days
July 1 -- September 30 1 day
C. You must give your immediate supervisor written notice of intent to use a
personal day at least one week before taking that day off except in emergency
situations. Your supervisor considers workload priorities in determining whether
to approve such requests; however, full consideration is given to requests for
holidays of religious significance where reasonable accommodation is possible.
D. Personal days may be taken only after they have been accrued, and they
must be used during the calendar year. There shall be no carryover of personal
days from year to year, and there shall be no payment for unused personal days
at the end of any calendar year or in the event of termination.
XXIII. SICK DAYS
A. _____________________ (Name of Company) recognizes that inability to
work because of illness or injury may cause economic hardship.
_____________________ (Name of Company) also recognizes that employees
may require time off to secure necessary treatment for disabilities. For these
reasons, _____________________ (Name of Company) provides paid sick days
to full-time regular employees.
B. Eligible employees accrue sick days at the rate of one-half day per month
to a maximum of six days per calendar year.
C. Sick days may not be carried over from one calendar year to the next, and
no payments are made for accrued unused sick days at the end of any calendar
year or in the event of termination.
D. The procedure to follow when you are absent and other important
guidelines are set forth in the discussion of absenteeism and tardiness earlier in
this handbook. Please familiarize yourself with these guidelines.
E. In certain states, employees may also be eligible for short-term disability
benefits if they are ill or injured and unable to work. In such states
_____________________ (Name of Company) maintains short-term disability
plans in accordance with applicable state law. Please check with our human
resources department to ascertain whether you are eligible for short-term
disability benefits.
F. Long-term illnesses are covered under _____________________ (Name
of Company) salary continuation and long-term disability plans. Please consult
the appropriate sections of this handbook for further details regarding these plans.
XXIV. SALARY CONTINUATION PLAN
A. _____________________ (Name of Company) has established a salary
continuation plan to supplement the company's paid sick day policy, short-term
disability insurance program (where applicable), and workers' compensation
program. Under this plan, full-time regular employees who have completed at
least six months of continuous service may be eligible for salary continuation
benefits for the period of an absence resulting from illness or injury that extends
beyond five consecutive workdays.
B. Accrual of benefits is based on the following schedule:
Length of Employment Weeks of Full Pay in any 12-Month Period
Less than 6 months 0
6 months to 1 year 2
1 but less than 2 years 4
2 but less than 3 years 8
3 but less than 4 years 12
4 but less than 5 years 18
Over 5 years 26
C . Any payments you may be entitled to receive under this program are offset
by any amounts received from our short-term disability or workers' compensation
insurance programs.
D. To qualify for benefits, you must apply for and be granted a formal medical
leave of absence [see _____________________ (Name of Company) family and
medical leave of absence policy for details] and provide your supervisor with a
statement from your physician verifying the disability and your expected date of
return. In addition, _____________________ (Name of Company) reserves the
right to require that you be examined by a company-designated physician at any
time at its discretion. To be eligible for continued benefits under this policy, you
must provide additional physician's statements once every thirty days, or more
frequently if requested, attesting to your continued disability and inability to work.
E. No benefits are payable under this program if your illness or injury is
connected to work you do for another employer.
F. The receipt of benefits under this program is not to be construed as a
guarantee of employment for any specific duration.
G. The cost to provide salary continuation benefits is currently paid completely
by (Name of Company) .
XXV. EMPLOYEE BENEFITS PROGRAM
A. _____________________ (Name of Company) has established a variety of
employee benefits programs designed to assist you and your eligible dependents
in meeting the financial burdens that can result from illness, disability, and death,
and to help you plan for retirement, deal with job-related or personal problems,
and enhance your job-related skills.
B. This following sections of the handbook highlights some features of our
benefits program. Our group health and life insurance and retirement-related
programs are described more fully in summary plan description booklets, with
which you are provided once you are eligible to participate in these programs.
Complete descriptions of our group health insurance programs are also in
_____________________ (Name of Company) master insurance contracts with
insurance carriers, which are maintained in the employee benefits section of the
human resources department; complete descriptions of our retirement-related
programs are in the appropriate master plan documents, which are likewise
maintained in the employee benefits section. If information in this handbook and
our summary plan descriptions contradicts information in these master contracts
or master plan documents, the master contracts/documents shall govern in all
cases.
C. _____________________ (Name of Company) reserves the right to
amend or terminate any of these programs or to require or increase employee
premium contributions toward any benefits with or without advance notice at its
discretion. This reserved right may be exercised in the absence of financial
necessity. Whenever an amendment is made to any of _____________________
(Name of Company) benefits programs, the respective plan administrator will draft
and submit the amendment to _____________________ (Name of Company)
policy committee for review and approval. The respective plan administrator will
notify plan participants of all approved amendments or plan terminations.
D. For more complete information regarding any of our benefits programs,
please contact our human resources department. 16
XXVI. BASIC SURGICAL AND MAJOR MEDICAL INSURANCE
A. All full-time and part-time regular employees and their eligible dependents
are eligible to participate in _____________________ (Name of Company) group
basic surgical and major medical insurance program. Coverage for eligible
employees is effective on the first day of employment.
B. After a deductible of _________ (e.g., $100) per individual _________
(e.g., $300) per family per calendar year is satisfied, our plan pays _________
(e.g., 80) percent of reasonable and customary charges for the first _________
(e.g., $2,000) of covered expenses incurred for medical care and treatment,
including surgery and prescriptions, and _________ (e.g., 100) percent of
reasonable and customary charges for the balance of covered expenses incurred
in that calendar year. Expenses incurred in a calendar year for, or in connection
with, mental illness on an outpatient basis (e.g., visits to a psychiatrist) are
reimbursed at the rate of _________ (e.g., 50) percent of actual expenses
incurred to a maximum of _________ (e.g., $40) per visit.
C. The annual benefit maximum payable under our major medical plan for
outpatient mental illness coverage is _________ (e.g., $1,000 per person ) . The
lifetime benefits maximum payable under our major medical plan for all covered
services - with the exception of outpatient mental illness benefits - is unlimited.
D. The cost to provide basic surgical and major medical benefits for you and
your eligible dependents is currently shared by you and
_____________________ (Name of Company) .
E. Benefits under this plan terminate on the date your employment with
_____________________ (Name of Company) terminates. (Please review
_____________________ (Name of Company) policy, set forth in this handbook,
regarding continuing group health insurance benefits after termination of
employment.)
F. For further details regarding basic surgical and major medical benefits
coverage, consult the summary plan description booklet titled "You Basic Surgical
and Major Medical Benefits" or contact the human resources department.
16
The Employee Retirement Income Security Act of 1974 (ERISA) is a U.S. federal law that
regulates most private sector employee benefit plans, including 401(k) plans, profit-sharing
plans, simplified employee pension (SE)) plans, and Keogh plans.
XVII. DENTAL INSURANCE
A. All full-time regular and part-time regular employees and their eligible
dependents are eligible to participate in _____________________ (Name of
Company) group dental insurance program. Coverage for eligible employees is
effective on the first day of employment.
B. After a deductible of _________ (e.g., $100) per individual _________ (i.e.,
$300) per family per calendar year is satisfied, our plan pays _________ (e.g.,
80) percent of reasonable and customary charges for covered diagnostic and
preventive services, including oral examinations, X rays, and cleaning and scaling
of teeth and fillings, and _________ (e.g., 50) percent of reasonable and
customary charges for covered major dental services, such as root canal therapy,
crowns, bridges, and orthodontics.
C. The annual benefit maximum payable under our dental plan is _________
(e.g., $1,000) per person.
D. The cost to provide dental benefits for you and your eligible dependents is
currently shared by you and _____________________ (Name of Company) .
E. Benefits under this plan terminate on the date your employment with
_____________________ ( Name of Company) terminates. (Please review
_____________________ (Name of Company) policy, set forth in this handbook,
regarding continuing group health insurance benefits after termination of
employment.)
For further details regarding dental coverage, consult the summary plan description
booklet titled "Your Dental Insurance Benefits" or contact the human resources
department.
XXVIII. LIFE INSURANCE
A. All full-time regular employees are eligible to participate in
_____________________ (Name of Company) life insurance program. Coverage
under this program is available for employees only; dependent coverage is not
available. Coverage for eligible employees is effective on the first day of
employment.
B. Under this program, you are covered by a life insurance benefit of twice
your annual base salary. Additional coverage for the same amount is provided in
the event of accidental death or dismemberment.
C. The cost to provide this benefit is currently paid completely by
_____________________ ( Name of Company) .
D. Life insurance benefits terminate on the date your employment with
_____________________ (Name of Company) terminates.
E. For further details regarding life insurance benefits, consult the summary
plan description booklet titled "Your Life Insurance Benefits" or contact the human
resources department.
XXIX. LONG-TERM DISABILITY INSURANCE
A. _____________________ (Name of Company) provides all full-time
regular employees with long-term disability insurance benefits. Coverage for
eligible employees is effective in the first day of employment.
B. Under this program, employees who are disable
