ABC Auto Body EMPLOYEE POLICY AND PROCEDURE MANUAL Table of Contents Introduction 3 Welcome Letter 3 Continuity of Policies 3 Changes in Policy…………………………………………………………………………………...3 Equal Opportunity Policy 4 Employment Applications…………………………………………………………………………4 Sexual Harassment 4 Substance Abuse 4 Smoking 6 Probationary Period…………………………………………………………………………………6 Employment Classifications 7 Employee Safety 7 Return to Work after Serious Injury or Illness 7 Termination 8 Corrective Actions…………………………………………………………………………………..9 Prohibited Conduct………………………………………………………………………………….9 Grievance Procedure 9 Compensation 10 Equal Pay 10 Job Descriptions 10 Workday 11 Payday 11 Pay Advances 11 Overtime Compensation 11 Breaks 11 Performance Review 11 Payroll Deductions 12 Employee Benefits 13 Insurance 13 Vacation 13 Holidays 14 Personal Days 14 Leave of Absence and Military Leave 15 Medical/Family Leave 16 Bereavement Leave 18 Jury Duty 18 Voting 19 Miscellaneous Policies 19 Confidentiality of Company Information 19 Confidentiality of Company Information- E-Mail 19 Computer Usage Policy 19 Employee Privacy 20 Telephone 20 Dress Code 20 Break Room 21 Visitors 21 Emergency Closings 21 Introduction Welcome Letter Welcome to ABC Auto Body! We are pleased to have you with us and hope that you find your position rewarding and challenging. ABC Auto Body is a growing company, and we feel that all of us have the opportunity to benefit. We want to maintain the benefits of our current environment as we expand and grow the Company over the coming years. To reach our goal we must provide superior service to our customers and this means employing the best people. As a member of the ABC Auto Body team, you are critical to our success. Through your success we can reach our goals. Once again, welcome to ABC Auto Body and our best wishes for success. We appreciate your confidence in our future. Let’s grow together. Continuity of Policies The policies and procedures in this Manual are not intended to be contractual commitments by ABC Auto Body and employees shall not construe them as such. They are intended to be guides to management and merely descriptive of suggested procedures to be followed. No policy is intended as a guarantee of continuity of benefits or rights. No permanent employment or employment for any term is intended or can be implied by statements in this Manual. We hope that our association will be a long and pleasant one, but it should be understood that as you have the right to terminate your employment at any time ABC Auto Body also reserves the right to terminate your employment for any reason at any time. While this “Manual” is intended to clarify matters relating to your employment it is not a contract or guarantee of employment. Changes in Policy This Manual supersedes all previous employee manuals and memos that may have been issued from time to time on subjects covered in this Manual. However, since our business and our organization are subject to change, we reserve the right to interpret, change, suspend, cancel or dispute with or without notice all or any part of our policies, procedures and benefits at any time. We will notify all employees of these changes. Changes will be effective on the dates determined by ABC Auto Body, and after those dates all superseded policies will be null. No individual supervisor or manager has the authority to change policies at any time. If you are uncertain about any policy or procedure, speak with your direct supervisor. Equal Opportunity Policy ABC Auto Body is an Equal Opportunity employer. No employee of the Company will discriminate against an applicant for employment or a fellow employee because of race, creed, color, religion, sex, national origin, ancestry, age or any physical or mental disability. No employee of the Company will discriminate against any applicant or fellow employee because of the person’s veteran status. ABC Auto Body employs only United States citizens and those non-United States citizens authorized to work in the United States in compliance with the Immigration Reform and Control Act of 1986. This policy applies to all employment practices and personnel actions including advertising, recruitment, testing, screening, hiring, selection for training, upgrading, transfer, demotion, layoff, termination, rates of pay and other forms of compensation or overtime. Employment Applications ABC Auto Body relies on the accuracy of information contained in the employment application and the accuracy of other data presented throughout the hiring process and employment. Any misrepresentations, falsifications or material omissions in any of this information or data may result in exclusion of the individual from further consideration for employment or, if the person has been hired, termination of employment. Sexual Harassment ABC Auto Body will not allow any form of sexual harassment within the work environment. Sexual harassment interferes with work performance and creates an intimidating, hostile or offensive work environment. Sexual harassment influences or tends to affect the career, salary, working conditions, responsibilities, duties or other aspects of career development of an employee or prospective employee; or creates an explicit or implicit term or condition of an individual’s employment. It will not be tolerated. Sexual harassment, as defined in this policy, includes, but is not limited to, sexual advances, verbal or physical conduct of a sexual nature, visual forms of a sexual or offensive nature (e.g., signs and posters) or requests for sexual favors. Any intentional sexual harassment is considered to be a major violation of company policy and will be dealt with accordingly by corrective counseling and/or suspension or termination, depending upon the severity of the violation. Substance Abuse ABC Auto Body is committed to providing a safe and productive workplace for its employees. In keeping with this commitment, the following rules regarding alcohol and drugs of abuse have been established for all staff members, regardless of rank or position, including both regular and temporary employees. The rules apply during working hours to all employees of the Company while they are on Company premises or elsewhere on Company business. The manufacture, distribution, possession, sale or purchase of controlled substances of abuse on Company property is prohibited. Being under the influence of illegal drugs, alcohol or substances of abuse on Company property is prohibited. Working while under the influence of prescription drugs that impair performance is prohibited. So that there is no question about what these rules signify, please note the following definitions: Company property: All Company owned or leased property used by employees. Controlled substance of abuse: Any substance listed in Schedules I-V of Section 202 of the Controlled Substance Act, as amended. Drug: Any chemical substance that produces physical, mental, emotional or behavioral change in the user. Drug paraphernalia: Equipment, a product or material that is used or intended for use in concealing an illegal drug, or otherwise introducing into the human body an illegal drug or controlled substance. Illegal Drug: a. Any drug or derivative thereof whose use, possession, sale, transfer, attempted sale or transfer, manufacture or storage is illegal or regulated under any federal, state or local law or regulation. b. Any drug, including-but not limited to-a prescription drug, used for any reason other than that prescribed by a physician. c. Inhalants used illegally. Under the Influence: A state of not having the normal use of mental or physical faculties resulting from the voluntary introduction into the body of an alcoholic beverage, drug or substance of abuse. Consistent with the rules listed above, any of the following actions constitutes a violation of the Company’s policy on drugs and may subject an employee to disciplinary action, up to and including immediate termination. Using, selling, purchasing, transferring, manufacturing or storing an illegal drug or drug paraphernalia, or attempting to or assisting another to do so, while in the course of employment. Working or reporting to work, conducting Company business or being on Company property while under the influence of an illegal drug or alcohol, or in an impaired condition. Giving another employee any medication unless the medication has been prescribed for the recipient. ABC Auto Body reserves the right to report any substance abuse to the appropriate government enforcement agencies. ABC Auto Body reserves the right to screen for drugs and alcohol at any time on any employee or prospective employee. Smoking Smoking and the use of smokeless tobacco products are permitted in designated locations only. Employees may not take longer or more frequent breaks to smoke or use smokeless tobacco. No smoking or use of smokeless tobacco products will be allowed inside any facility owned by ABC Auto Body at any time. This policy is for the health and safety of all employees. Probationary Period For the first (60) days of his or her employment, each employee of ABC Auto Body will be considered to be completing a period of introduction and training. During this (60) day period the employee will be monitored and evaluated on a regular basis to determine suitability for the position in which he or she was hired. If during the (60) days the Company decides for any reason that the employee’s performance, attendance and/or conduct are unsatisfactory, the employee may be terminated by the Company without any advance notice. Upon completion of the (60) day period and provided the employee’s job performance, attendance and conduct meet all Company standards and requirements, the employee shall be granted regular employee status with benefits if the employee is full time. Completion of the probationary period is not a contract or guarantee of employment. An employee’s employment can be terminated at any time for any reason, with or without cause. Employment Classifications There are three classifications of employees: Regular Full-time — An employee who works a minimum 30-hour workweek on a regularly scheduled basis. Regular Part-time — An employee who works less than a normal workweek on either a regularly scheduled basis or on an irregular basis. Temporary — An employee hired for a position required for only a specific, known duration, usually less than six months, and who is not entitled to regular benefits. A temporary employee may be full-time or part-time. In addition to the use of this classification for secretarial or clerical positions, it applies to students working part- time and those who work during the summer. All employees are classified as exempt and nonexempt according to these definitions: Salaried Exempt — Positions of a managerial, administrative or professional nature, as prescribed by federal and state labor statutes, which are exempt from mandatory overtime payments. Salaried Nonexempt (hourly) — Positions defined by statute, which are covered by provisions for overtime payments. If you are uncertain as to your status, please contact your supervisor/manager. Employee Safety ABC Auto Body strives to provide its employees with a safe and healthful workplace environment. To accomplish this goal, both management and employees must diligently undertake efforts to promote safety. Always keep your work area clean so it does not create a safety hazard to you or to others. You should report any unsafe conditions to your manager/supervisor immediately. All job-related injuries or illnesses are to be reported to your manager/supervisor immediately, regardless of severity. In the case of serious injury, an employee’s reporting obligation will be deferred until circumstances reasonably permit a report to be made. Failure to report an injury or illness may preclude or delay the payment of any benefits to the employee and could subject ABC Auto Body to fines and penalties. All employees will be expected to follow safety guidelines as presented to them in the company annual safety video. Further safety information will be covered upon hire. Return to Work After Serious Injury or Illness As a joint protection to the employee and the Company, employees who have been absent from work because of serious illness or injury are required to obtain a doctor’s release specifically stating that the employee is capable of performing his or her normal duties or assignments. A serious injury or illness is defined as one that results in the employee being absent from work for more than two (2) consecutive weeks or one which may limit the employee’s future performance of regular duties or assignments. (Also see Medical/Family Leave policy.) ABC Auto Body management shall ensure that employees who return to work after a serious injury or illness are physically capable of performing their duties or assignments without risk of re-injury or relapse. If the cause of the employee’s illness or injury was job-related, the employee’s supervisor/manager will make every reasonable effort to assign the returning employee to assignments consistent with the instructions of the employee’s doctor until the employee is fully recovered. A doctor’s written release is required before recovery can be assumed. Termination Terminations are to be treated in a confidential and professional manner by all concerned. The supervisor/department manager must assure thorough and consistent termination procedures. This policy and its administration will be implemented in accordance with the Company equal opportunity statement. Terminated employees are entitled to receive all earned pay, including vacation pay. Employment with the Company is normally terminated through one of the following actions: Resignation — voluntary termination by the employee; Dismissal — involuntary termination; or Layoff — termination due to reduction of the work force or elimination of a position Resignation — An employee who wants to terminate employment, regardless of employee classification, is expected to give as much advance notice as possible. Two weeks or ten working days is generally considered to be sufficient notice time. Dismissal — ABC Auto Body is under no obligation to continue any person’s employment. An employee may be terminated with or without cause, for any reason not prohibited by law. Misconduct — An employee found to be engaged in activities such as, but not limited to, theft of company property, insubordination, conflict of interest, gambling, conducting any illegal trade in any merchandise, kickbacks, receiving or paying any gratuity without the written approval of management or any other activities showing willful disregard of company interests or policies will be terminated immediately without further notice. An employee who brings any weapons or firearms into the workplace will be terminated immediately without further notice. Termination resulting from misconduct shall be entered into the employee’s personnel file. The employee shall be provided with a written summary of the reason for termination. No salary continuance or severance pay will be allowed. Corrective Actions The usual sequence of corrective actions includes an oral warning, a written warning, probation and finally termination of employment. In deciding which initial corrective action would be appropriate, a supervisor will consider the seriousness of the infraction, the circumstances surrounding the matter and the employee’s previous record. Prohibited Conduct While not intended to list all forms of behavior that are considered unacceptable in the workplace, the following are examples of the rule infractions or misconduct that may result in disciplinary action, including termination of employment. Theft or inappropriate removal or possession of property; Falsification of timekeeping records; Working under the influence of alcohol or illegal drugs; Possession, distribution, sale, transfer, or use of alcohol or illegal drugs in the workplace; Fighting or threatening violence in the workplace; Boisterous or disruptive activity in the workplace; Negligence or improper conduct leading to damage of company-owned or customer-owned property; Insubordination or other disrespectful conduct; Violation of safety or health rules; Smoking in undesignated areas; Sexual or other unlawful or unwelcome harassment; Excessive absenteeism or any absence without notice Unauthorized use of telephones or other company-owned equipment; Using company equipment for purposes other than business (i.e. playing games on computers or personal Internet usage); Unauthorized disclosure of business “secrets” or confidential information; Violation of personnel policies; and Unsatisfactory performance or conduct. Actions, words, jokes or comments based on an individual’s sex, race, ethnicity, age, religion or any other legally protected characteristic will not be tolerated. Grievance Procedure ABC Auto Body recognizes the value of a grievance procedure that provides for the timely review of employee grievances in a fair yet workable manner. A grievance is considered to be any dispute between an employee and the Company which impacts on an employee’s ability to perform his or her job. Although purely personal matters between employees would not ordinarily give rise to a grievance subject to this grievance procedure, any matter that adversely affects an employee’s ability to perform his or her job could be the subject of a grievance. Use good individual judgment and common sense as your guide. An employee may express a verbal grievance to his or her immediate supervisor/manager. If the concern is not resolved to the employee’s satisfaction within a timely manner, the employee may put in writing the details of his or her grievance and submit the grievance to the Company. The Company will deal with the matter as it deems appropriate in its sole discretion. The decision will be reduced to writing, a copy given to the employee and supervisor/manager, with the original kept by the Company. A copy will be filed in the employee’s personnel file when appropriate. Compensation Equal Pay ABC Auto Body will not pay wages to any employee at a rate less than the Company pays employees of the opposite gender for work that is substantially equivalent requiring comparable skills. Gender discrimination is against company policy. This policy is to be construed in accordance with applicable federal and state laws and regulations. Job Descriptions Job descriptions are available in the Human Resource department for all positions in the Company. The items included in each position description are the following: 1. Title of position; 2. Department; 3. Position qualifications (essential qualifications including job experience, skills, and education); and 4. Job summary or overview; 5. Assigned duties and responsibilities; 6. Supervisor or manager. Position descriptions are used to determine employee selection, job requirements, performance criteria, organizational structure, and the relative worth of jobs in relation to each other. Company management annually reviews all company positions to ensure equity and consistency in our Personnel system. Workday Office hours at ABC Auto Body are 7:30 a.m. – 5:30 p.m. Monday thru Friday. However the nature of our business sometimes demands workday or workweek hours different than those set forth above. Variation to the schedule will be made or approved by department managers. Payday Employees are paid on a bi-weekly basis. The workweek begins on Monday and ends on the following Sunday. The regular payday is Friday. If the payday falls on a holiday, the payday will be on Thursday. Pay Advances It is our policy to decline all requests for early paychecks or pay advances for personal reasons. Overtime Compensation Nonexempt salaried (hourly) employees will be paid at the rate of one and one-half times their regular hourly rate of pay for all time worked in excess of 40 hours in any one workweek. Overtime is never at the employee’s discretion. It shall only be incurred and paid at the request of the Company through the employee’s supervisor/manager. Supervisors/managers shall ensure that no unauthorized overtime hours are worked. Breaks Nonexempt employees are permitted two paid 10-minute rest periods. Rest periods are to be scheduled as near the middle of the morning and afternoon as possible. Employees must “clock out” for a scheduled 1 hour lunch break. Employees that do not adhere to the break policy will be subject to disciplinary action, including termination. Performance Review ABC Auto Body has adopted a management by objective approach to performance appraisal. It is the supervisor’s/manager’s responsibility to develop and maintain a work environment in which employees can openly discuss performance, develop plans for improvement and discuss mutual goals for the upcoming year. The employee will have a performance appraisal at least but not limited to once every twelve months. The supervisor/manager is responsible for establishing a relaxed atmosphere at the performance review and encouraging two-way communication. The discussion should be conducted in a positive manner, in complete privacy and with no interruptions. The supervisor/manager shall verify that the employee is familiar with his or her job duties, determine the progress made in meeting employment goals, discuss future goals, identify areas the employee demonstrates great strengths and where additional training may be needed. At the conclusion of the performance appraisal, the employee will be requested to sign the appraisal verifying that he or she participated in the evaluation. The employee should be encouraged to submit comments about the appraisal that will become part of the record. The employee must be given a signed copy of the appraisal. The appraisal is then submitted for review by the next level of management. ABC Auto Body believes that pay increases should be related to an employee’s performance. Following performance reviews, the supervisor/manager will rank the employee’s performance according to his or her relative level of contribution to the Company. A decision relating to the employee’s merit increase in pay will be made by the supervisor/manager after the review has been completed. The supervisor/manager will forward a merit increase recommendation with the appraisal to the next level of management. Merit increases in pay are neither automatic nor periodic. They are reserved for employees who show skills improvement and higher than average performance. Information about rates of pay and merit increases in pay, if any, are deemed to be confidential matters between the Company and each employee and are not to be discussed among employees. Payroll Deductions The following mandatory deductions will be made from every employee’s gross wages: federal income tax, Social Security FICA tax and applicable state taxes. Every employee must fill out and sign a federal withholding allowance certificate, IRS Form W-4, on or before his or her first day on the job. This form must be completed in accordance with federal regulations. The employee may fill out a new W-4 at anytime when his or her circumstances change. Employees who paid no federal income tax for the preceding year and who expect to pay no income tax for the current year may fill out an Exemption from Withholding Certificate, IRS Form W-4E. Employees are expected to comply with the instructions on Form W-4. Questions regarding the propriety of claimed deductions may be referred to the IRS in certain circumstances. Other optional deductions include the portion of group health insurance and misc benefits not paid by the company, which shall be deducted from each payroll check. Employee Benefits Insurance ABC Auto Body offers all full-time employees a group medical and dental insurance plan. Each employee in the plan will receive a booklet completely detailing its policies, procedures and benefits. Each full-time employee will have the option to join or waive participation. The employee shall select the range of coverage when enrolling in the plan, e.g. employee only, full family, medical, dental, etc. The employee shall pay 30% percent of the medical coverage and 1% percent of the dental coverage– to be deducted on a pre-tax basis at each pay period - and the Company shall pay 70% percent of the medical and 99% percent of the dental. Note that coverage rates are reevaluated and adjusted by the insurance company on an annual basis. Eligibility The employee is a full-time employee. The employee is eligible for coverage effective on the first day of the month following 60 days of employment. Changes to the employee’s health insurance benefits can be made at any time for reasons of life-event changes such as the birth of a child, divorce, loss of coverage through the spouse’s employer, etc. All other changes can only take place during the open enrollment period which is the month prior to the Company’s insurance anniversary date of April 1. In addition, ABC Auto Body offers disability, accident, cancer and group life insurance coverage to all full time employees. Premiums shall be paid 100% percent by the employee and are to be deducted each pay period. ABC Auto Body has the right to change insurance companies or to modify or terminate eligibility requirements, benefits, or coverage at any time. Vacation All full-time employees are entitled to 1 week (40 hours) vacation after 1 year of employment and 2 weeks (80 hours) after 3 years of employment to be accrued evenly over the course of the year. Employees who begin after January 1st will accrue vacation time on a pro rated basis. An employee will not be permitted to take his or her vacation money in lieu of vacation. Vacation not taken during the calendar year is forfeited. Employees who are not entitled to paid vacation may request permission from their supervisor/manager to take unpaid time off. All vacations must be scheduled in advance with the employee’s supervisor/manager. Employees are responsible for planning ahead for vacation and working out a complete schedule with their supervisor/manager. Upon termination, the employee’s accrued, but not taken, vacation hours will be added to the final paycheck using the employee’s then-current straight-time hourly rate for conversion. Holidays ABC Auto Body provides six (6) paid holidays each year. The Company is officially closed on these days: New Year’s Day-January Memorial Day-May Independence Day-July Labor Day-September Thanksgiving Day-November Christmas Day-December * If these holidays fall on a Saturday or Sunday, eligible employees will be paid for the holiday. Only regular full-time and part-time employees are eligible for full holiday pay. Temporary employees are not eligible for holiday pay. If a designated holiday falls within an employee’s vacation period, the holiday is not considered a vacation day. Personal Days In the event that an employee needs time off due to illness or personal business, ABC Auto Body provides all full-time employees with three (3) personal days per year effective after 30 consecutive days of employment. Part-time and temporary employees are not eligible for sick or personal leave. An employee is expected to notify his or her supervisor/manager at the beginning of each work day during illness or injury. Exceptions to this include a serious accidental injury or hospitalization, or when it is known in advance that the employee will be absent for a certain period of time. A medical statement from the employee’s doctor may be requested by the Company when an employee is absent from work for more than five working days. Personal business should be conducted on the employee’s own time. Employees are encouraged to make their routine doctor or dentist appointments before arriving for work or after leaving work for the day. If time off is required for such appointments, arrangements should be made in advance with the employee’s supervisor. If an employee has unexpected personal business to take care of, they must notify their supervisor to discuss time away from work and make provisions as necessary. Leave of Absence and Military Leave A leave of absence is time off in a non-pay status. Upon receipt of a formal written request for leave of absence from regular full-time employees, management will determine whether a leave of absence will be granted. (Also see Medical/Family Leave policy.) The employee is expected to request a leave of absence with as much advance notice as possible. Leaves of absence will not be granted for periods less than two weeks in duration. Vacation or sick leave should be used for such absences. The reason for leave should fall into one of the following categories: 1. Military 2. Personal The leave classifications are defined as follows: Military — To protect the employment rights of employees entering the armed forces of the United States and to ensure conformance with the applicable federal laws, a leave of absence must be granted to all employees, except temporary, who enter military service for active duty as a result of the following: Initial enlistment in the armed services of the United States; Initial training period in the National Guard; Being ordered to active military service as a member of the Reserves or National Guard for an indefinite period or for a periodic training period up to ten working days; and Any service requirements under the Selective Service Act. Personal — Except for those situations covered under the Medical/Family Leave policy, personal leaves may be granted to employees having special nonmedical personal needs for an extended period of absence. Each case will be evaluated on its own merits, and the following will be taken into consideration: 1. The reason for the request; 2. The amount of time required; and 3. The employee’s length of service and past record. Normally personal leaves are granted for periods of up to 90 days. Return to Work See Medical/Family Leave policy paragraph 3.5 and paragraph 6 for details on reporting during leave and return from leave. Exceptions to this policy are for those employees who are granted military leave of absence. They are entitled to full re-employment rights subject to the governing federal and state laws. Employees who do not return to work after any leave of absence will be terminated effective on the last day of work or paid leave, whichever is later. Benefits during Approved Leave of Absence Holidays — To be paid for a holiday, an employee must be in active pay status the day before and the day after the holiday. Employees are not eligible to receive pay for any holiday during the leave period. Vacation — No vacation hours are earned during the leave period. Employees requesting a leave of absence for medical or military reasons may choose to use all earned vacation before beginning leave of absence. Employees requesting personal leave of absence must use all earned vacation before beginning leave of absence. Sick or Personal — No sick or personal hours are accumulated during the leave period. Insurance — The Company will continue the employee’s insurance benefits on a leave of absence approved only under the Medical/Family Policy described below, provided that the employee continues to pay his or her portion of the premiums. In the case of military leaves, insurance benefits will be continued for up to ten working days per year starting with the day military leave begins. Medical/Family Leave ABC Auto Body understands that its employees on occasion will have the need to take an extended period of time away from work to care for their child after birth or adoption or foster care placement, to care for their spouse, child or parent with a serious health condition, or because of a serious health condition of their own. In recognition of this need, the Company has voluntarily adopted the following Medical and Family Leave Policy as a benefit of employment. 1. Eligibility Requirements. To qualify for leave under this policy, you must have been employed by ABC Auto Body for at least 12 months and you must have worked 1250 or more hours in the previous 12 months. 1.1 Up to 12 weeks of unpaid medical and family leave is allowed under the conditions described in paragraph 4. 2. Reasons for Leave. Leave under this policy may be taken: 2.1 to care for your child after birth or adoption or after state placement of a child with you for foster care; 2.2 to care for your spouse, child or parent who has a serious health condition; or 2.3 for a serious health condition that makes you unable to perform the essential functions of your job. 3. Procedures 3.1 Notice. You must provide ABC Auto Body with thirty days’ notice if the absence is foreseeable. If the leave of absence is not reasonably foreseeable you must notify ABC Auto Body as soon as practicable. Any failure to give a timely notice may cause your leave to be delayed. 3.2 Request. To request family/medical leave, you should obtain, complete, and sign a Medical/Family Leave Request Form (“Request Form”) and submit it to Personnel or your supervisor. 3.3 Doctor’s Certification. If the reason for the leave request involves a serious health condition (either yours or your family member’s), you must also obtain and submit a completed and signed Certification of Health Care Provider (“Certification Form”) within 15 days of submitting the Request Form. 3.3.1 Second Opinion. Should ABC Auto Body disagree with the opinion given by your health care provider, ABC Auto Body reserves its right to require opinions from second or third health care providers at the Company’s expense. 3.3.2 Third Opinion. If the two doctors disagree about your condition, a third health care provider, agreed upon by you and the Company, will render a binding decision. 3.4 Notice of Designation. After receiving the completed forms, Personnel will designate the leave as either Medical/Family Leave or non- Medical/Family Leave, and provide you with a Notice of Medical/Family Leave Rights and Responsibilities (“Medical/Family Leave Notice”) reflecting that designation. 3.5 Reporting During Leave. You will be required to furnish ABC Auto Body reports on your status, intent to return and recertification of the serious health condition every 30 days. 4. Substitution of Other Kinds of Leave. ABC Auto Body requires that you use all available paid leave time, such as sick leave, vacation or personal time before your twelve weeks on unpaid Medical/Family leave takes effect. 5. Benefits during Leave 5.1 Health Insurance. ABC Auto Body will maintain any health insurance coverage that you have at the time of your Medical/Family Leave for the duration of the leave. You will be required to pay your normal health insurance premium during Medical/Family Leave. 5.2 Accrual of Other Benefits. You will not accrue sick leave or annual leave while on Medical or Family leave. In addition, all other benefits provided by ABC Auto Body may cease during the leave. You will be reinstated to your current position or to an equivalent position as described in paragraph 6.3 without any need for requalification upon your return. 6. Return from Leave 6.1 Failure to Return. When Medical/Family Leave expires, your failure to return to work will be grounds for immediate termination unless a written extension is obtained from your supervisor. 6.2 Fitness for Duty Certificate. Where your leave was taken because of your own illness or injury, you must provide a fitness-for-duty certification from a health care provider before your return. A failure to do so may cause a delay or denial in your reinstatement. 6.3 Reinstatement. Upon your return, you will be entitled to reinstatement to your current position or to an equivalent position with the same pay and benefits, subject to the Company’s business needs. 6.3.1 Exception. If you are a salaried exempt employee paid in the top 10 percent of ABC Auto Body employees within 75 miles of your facility you may forfeit your right to reinstatement under certain conditions. You will be informed of this possibility when notice is given or as soon thereafter as practical under the circumstances. 7. False Claims. An employee who fraudulently obtains Medical/Family Leave from ABC Auto Body is not protected by this policy’s restoration or maintenance of health benefits provisions and will be subject to appropriate disciplinary action including discharge. Bereavement Leave ABC Auto Body will grant time off without pay in the event of the death of a spouse, parent or child of the employee. The employee and supervisor/manager will determine the amount of time the employee will be absent from work. Time off to attend the funeral of a nonimmediate family member or person with an especially close relationship may be granted without pay. The employee’s supervisor will make determination after consultation with management. Jury Duty ABC Auto Body will grant an employee unpaid time off for mandatory jury duty or court appearances as a witness when the employee must serve or is required to appear as a result of a court order or subpoena. A copy of the court order or subpoena must be supplied to the employee’s supervisor/manager when requesting time off. Voting On Election Days, the employee should make arrangements to vote before or after normal working hours. Miscellaneous Policies Confidentiality of Company Information It is the responsibility of all ABC Auto Body employees to safeguard sensitive company information. In consideration of their employment with ABC Auto Body, employees will be exposed to information and materials which are confidential and proprietary and of vital importance to the economic well-being of the Company. Employees will not at any time disclose or use, either during or subsequent to their employment, any information, knowledge or data which they receive or develop during their employment which is considered proprietary by ABC Auto Body or which relates to the trade secrets of the Company. Such information, knowledge or data includes the following which is by example only: processes, know-how, designs, drawings, diagrams, formulas, test data, accounting or financial data, pricing or salary data, marketing data, business plans and strategies, negotiations and contracts, research, customer or vendor lists, inventions and discoveries. Upon termination of their employment with ABC Auto Body they must promptly return any and all documents containing the above information, knowledge or data, or anything relating thereto, to the Company. Confidentiality of Company Information — E-Mail Company computers and e-mail system are company property. All employees are expected to use good judgment in using electronic mail and to avoid indiscretions such as offensive or inappropriate messages or any other message the Company deems inappropriate. E-mail messages should be used for business and not for soliciting outside business ventures or other matters unrelated to the Company’s affairs. Misuse of e-mail may result in disciplinary action up to and including termination. Computer Usage Policy Computers are to be used for office work only. They may not be used for personal use. This also applies to Internet access and chat software. It is against the policies of ABC Auto Body for any employee to visit or view any Internet site that is not directly related to their day to day work practices. Pornography in the use of computers or other media is strictly prohibited and may be grounds for immediate dismissal. Internet sites may be monitored by management. This policy has been established to restrict the installation of unauthorized software and reduce the legal exposure to the Company of unlicensed software and reduce the effort required to operate and troubleshoot employee’s machines. This policy covers all desktop and laptop computers owned or operated by ABC Auto Body. Any employee found in violation of this policy may be subject to disciplinary action. Employee Privacy ABC Auto Body recognizes our employees’ rights to privacy. In achieving this goal, the Company adopts these basic principles: 1. The collection of employee information will be limited to that which the Company needs for business and legal purposes; 2. The confidentiality of all personal information in our records will be protected; 3. All in-house employees involved in record keeping will be required to adhere to these policies and practices. Violations of this policy will result in disciplinary action; 4. Internal access to employee records will be limited to those employees having an authorized, business-related, need-to-know basis. Access may also be given to third parties, including government agencies, pursuant to court order or subpoena; 5. The Company will refuse to release personal information to outside sources without the employee’s written approval, unless legally required to do so; 6. Employees are permitted to see the personal information maintained about them in the Company records. They may correct inaccurate factual information or submit written comments in disagreement with any material contained in their company records. Telephone Office telephones may be used for personal calls during work hours on an emergency basis only. Personal calls can, however, be made during the employee’s “clocked out” lunch break. Cellular telephones and pagers are not to be used during working hours except during the employee’s lunch or break times. At all times personal cell phones and pagers should be placed on “silent” mode to minimize disturbances. Dress Code Employee dress should be neat in appearance. ABC Auto Body employees not required to wear company uniforms are invited to dress “business casual” in a manner consistent with a professional atmosphere. The use of protective clothing, goggles, hard hats or the like is mandatory in all designated areas. The impression made on customers, visitors and other employees and the need to promote company and employee safety should be kept in mind. Inappropriate dress or refusal to wear protective apparel will result in being sent home without pay and if persistent, dismissal. Break Room ABC Auto Body provides a break room for the benefit of its employees. Employees shall be responsible to keep the area clean. All trash should be disposed of in the trash container. Any empty aluminum cans or glass bottles shall be disposed of in the trash container marked “Aluminum Cans Only” or “Glass Bottles Only,” if applicable. Visitors The safety regulations for visitors should be established in accordance with the building safety regulations. Law enforcement or government officials, including health or fire inspectors, shall be directed immediately to management who shall determine proper governmental authority, review court orders or subpoenas, and assist the law enforcement or government officials in a manner which provides full cooperation with minimal disruption to company operations. Emergency Closings Except for regularly scheduled holidays, ABC Auto Body will be open for business during normal business hours. The Company recognizes that circumstances beyond its control, such as inclement weather, national crisis or other emergencies do occur. On such occasions the Company may close for all or part of a regularly scheduled workday. In such event the Company will endeavor to notify all supervisory personnel for the purpose of contacting employees. Any closing longer than one full work shift shall be assessed against employee’s sick leave or vacation time, whichever may be applicable and, if none, the closing shall be regarded as unpaid personal leave.
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