Employee keeps - Apple American Group

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HOURLY RESTAURANT ASSOCIATE
HANDBOOK
California
(Employee keeps)
August 2012
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Our History - Applebee’s Neighborhood Grill & Bar
The first Applebee’s opened in 1980 in Atlanta, Georgia as T.J. Applebee’s
Edibles & Elixirs, a neighborhood bar and restaurant. “I had five partners,
mortgaged my house and borrowed $50,000 to open the first restaurant”,
said Bill Palmer, the founder of the Applebee’s concept, who together with
his investors watched their dream become a reality.” “At first we had 17 tables and a long wait.
We added another nine tables and an atrium and sales doubled. Then, it just kept evolving. I knew we had something
when the aggressive growth began. It took us ten years to open the first 100 – now we open more than 100 each
year”, said Palmer. Palmer sold the Applebee’s concept to W.R. Grace in 1983, but remained one of the company’s
most active franchisees. Applebee’s International, Inc. was created in 1988 when Midwestern franchisees Abe Gustin
and John Hamra purchased the 54-unit concept from W.R. Grace.
Applebee’s quickly made a name for itself in the restaurant industry thanks to the resolve of Gustin. He believed he
could aggressively franchise a casual dining restaurant, a restaurant that offers table service and a full bar. At the time,
only fast food franchising was predominant. Applebee’s pioneered casual dining’s use of smaller restaurant facilities
and more recently created a prototype casual dining restaurant for use in smaller communities with populations of
25,000. Applebee’s also led the implementation of market penetration strategies in the casual dining segment, creating
a presence in a specific area, and then filling in the market afterward.
Applebee’s localizes each restaurant to reflect the neighborhood in which it operates. Each restaurant’s décor reflects
local hometown heroes ranging from local athletes and celebrities to firefighters and other notables. The menu offers a
wide range of choices from appetizers and salads to steak, chicken and ribs.
In 2007 Applebee’s International was purchased by IHOP Corp and became Applebee’s Services Inc. This created
the largest full service restaurant company in the world. In 2008 Applebee’s, along with IHOP, became part of
DineEquity Inc. Applebee’s Services Inc. is headquartered in Kansas City, MO and continues to develop, franchise and
operate restaurants under the Applebee’s Neighborhood Grill & Bar brand, the largest casual dining concept in the
world. Additional information on Applebee’s Services can be found at their website www.applebees.com.
The Apple American Group Team
Apple American Group LLC is a franchisee of Applebee’s Services Inc. Founded in 2001, Apple American Group LLC
(AAG) has grown to 436 restaurants with over 25,000 teammates – and we’re poised to continue growing. We are the
largest Applebee’s franchisee in the world. We currently own and operate restaurants in: California and Nevada,
Washington, Indiana, Ohio, New Jersey and Delaware, Pennsylvania and West Virginia, Minnesota, Wisconsin,
Massachusetts, Rhode Island, New York, New Hampshire, Vermont, Maine, Alabama, Colorado, Georgia, Idaho, New Mexico and
Oregon.
On 7/23/10, DineEquity, Inc. announced that it had reached agreement with Apple American Group LLC for the sale of
63 company-operated Applebee's restaurants located in Minnesota and parts of Wisconsin. “We are pleased to have
reached an agreement to sell our Minnesota and Wisconsin restaurants to our largest Applebee’s franchisee and one
of our best operators, Apple American Group. Apple American is a valuable franchise partner who continues to
support our menu, marketing and operations revitalization efforts currently underway and is committed to reinvesting in
the brand through new restaurant development, acquisition and restaurant remodel programs,” said Julia A. Stewart,
DineEquity’s chairman and CEO. In November 2011, Apple American Group acquired another 66 restaurants in New
England. The most recent acquisition brought an additional 99 units including 6 states in which AAG had not yet done
business. As growth continues, Apple American remains dedicated to making every location a truly neighborhood
restaurant responsive to the needs of each guest, each employee, and each community. Visit our website at
www.AppleAmerican.com.
Apple American Group LLC is built on a decentralized business model, which means that each geographic area is led
by a Market President. Reporting to the Market President are Area Directors, who are multiple unit operators,
responsible for the overall functions of the restaurants in their areas. Reporting to the Area Directors are the General
Managers, who are the chief restaurant managers responsible for the overall running of their restaurant. Aiding in the
management of the restaurant are Assistant Managers, who are responsible for running of their departments (Kitchen,
Carside, Service, Bar) and who help with every-day management responsibilities. Rounding out the store
leadership are key employees, team leads, and neighborhood experts.
In addition, all markets are assisted by the Support Center, which is located in Cleveland, Ohio. Company Accounting,
Human Resources, Information Technology, Marketing, Payroll, Purchasing, Real Estate, and Training departments
are housed at the Support Center, with field representatives available in the markets.
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WELCOME!
We’re happy that you have joined Apple American Group (AAG), the premier franchise group in the Applebee’s system. Along
with your training, this handbook was written to answer the usual employee questions you may have. If you ever have any
questions regarding anything to do with your employment – benefits, payroll, training – please speak with your managers, for
they know you are truly our most valuable asset. Thanks for joining our team and good luck with your new job!
Greg Flynn
Chairman & CEO
Brad Pettinger
Chief Operating Officer
EMPLOYMENT AT WILL
Your employment with AAG is an employment at will. Just as you may quit your employment with us at any time for any reason,
AAG may terminate your employment at any time for any reason.
Our policies and procedures in this Handbook aren’t intended to be all inclusive, but rather to serve as a guideline. They are
subject to change from time to time at the discretion of management. None of the policies, procedures or benefits contained in
this handbook are intended to constitute a contract of employment. Only AAG officers have any authority to enter into any
agreement extending the employment of any employee for any specific period of time, or to make any promise or agreement
contrary to the rules and policies of Apple American Group. Any such promise or agreement must be in a writing signed by an
AAG officer.
EQUAL EMPLOYMENT OPPORTUNITY - AMERICANS WITH DISABILITIES ACT
It is the policy of AAG not to discriminate on the basis of race, creed, color, national origin, sexual orientation, gender identity,
religion, medical condition, marital status, genetics sex, age, disability or any other status protected by state or federal law. It is
our policy and practice to ensure equal opportunity in employment for all qualified individuals with disabilities in accordance with
the Americans with Disabilities Act and similar state laws.
OPEN DOOR POLICY
In any relationship, when a disagreement occurs, keeping emotions bottled up inside only causes the problem to get bigger. At
AAG we want to encourage open communication so we can solve the problem with the least amount of stress for those involved.
To do this, we have developed an open-door policy that encourages you to talk with your supervisor to get your concern
addressed quickly.
Option 1.
Talk directly to your immediate supervisor. If you have a problem, first discuss it with your manager as soon
as possible after the problem arises.
Option 2.
Talk to a higher level of management. If you are not able to resolve the issue with your manager, or if you are
not comfortable discussing the issue with your manager, you should take your concern to your Area Director and even the level of
Market President get the answers you need. Follow the chain of command as high as you need to go to resolve the problem.
Option 3.
Talk with Human Resources. If you have tried the above steps and are not satisfied, or if you are not
comfortable talking to management for any reason, you can contact your Human Resources Generalist to get the help you need.
This number is found on your Open Door posting in your restaurant.
Option 4.
Talk with Support Center. Contact the Support Center Human Resource Dept at 216.525.2775 or Employee
Hotline at 800.837.3667, ext. 1300,and ask for help.
_________________________________________________________________________________________________
Apple American Group (Apple American Group LLC and Apple American Group II LLC) includes the following subsidiaries and affiliates: Apple Delaware LLC, Apple
Indiana I LLC, Apple Indiana II LLC, Apple Indiana III LLC, Apple New Jersey LLC, Apple NorCal LLC, WineCountry Apple LLC, Apple Ohio LLC, Apple Pennsylvania LLC,
B.T. Woodlipp, Inc, Apple Washington LLC, AppleSoCal LLC, Apple Nevada LLC, Apple Minnesota LLC and Apple New England LLC
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VALUES & BELIEFS
GOLD CARD
OUR VISION
To be the premier franchise group in the Applebee’s system, having the best people to do “whatever it takes” to
deliver great products and excellent service in a clean and welcoming environment to every guest, each and every
time.
GUIDING PRINCIPLES
We will never compromise our integrity. Our standard for ethical behavior must always meet this test: We will be
comfortable seeing our actions (and the motive for them) published in the newspaper.
WE BELIEVE
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That creating and keeping customers is the only basis for job security and the foundation for Company growth
That employees are our most valuable asset, and they should be recognized for their contributions to the
Company’s growth
That performance is the only basis for reward
That measurement improves performance
That we should control the selection of people rather than control the people we select
That a positive attitude is the most important attribute of employees
That good employees openly express their opinions, concerns, and ideas and that successful managers listen
That success depends upon the commitment of each individual to our standards, to our goals, and to each other
in celebrating successes
WE PLEDGE
To Our Customers:
• We will express our appreciation for your patronage
• We will treat you as though you are a guest in our home
• We will take the initiative to understand your needs and desires
• We will strive to exceed your expectations
To Our Fellow Employees:
• We will reward you based on your individual and team performance
• We will treat you fairly and with dignity and respect
• We will encourage and assist each of you to reach your highest level of accomplishment
• We will encourage your frank expression of opinions, concerns and ideas
• You have a right to know the reasons underlying Company goals, standards and procedures
• We will consistently measure your performance and provide accurate and timely feedback
• We will provide a clean and safe workplace
To Our Suppliers:
• We believe that you are our partners in better serving our customer, therefore:
• We will honor our agreements
• We will objectively measure supplier performance
• We will treat your representatives with respect and value their time
• We will honor and maintain confidences
To Our Communities:
• We will maintain our properties, obey the law, assist those less fortunate and support those institutions that
enhance the quality of life in our community
To Our Shareholders:
• We will earn continued use of shareholders’ capital by developing a management team that will generate
superior returns on capital placed at risk
• We will communicate routinely and effectively with our shareholders
• We will actively seek new opportunities for sound investment
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EMPLOYMENT POLICIES
RIGHT TO REVISE: This employee handbook contains the employment policies and practices of AAG in effect at the time
of publication. All previously issued handbooks and any inconsistent policy statements or memoranda are superseded.
AAG reserves the right to revise, modify, delete, or add to any and all policies, procedures, work rules, or benefits stated in
this handbook or in any other document, except for the policy of at-will employment. However, any such changes must be
in writing and must be signed by an officer of AAG.
Any written changes to this handbook will be distributed to all employees so that employees will be aware of the new
policies or procedures. No oral statements or representations can in any way alter the provisions of this handbook.
Nothing in this employee handbook or in any other personnel document, including benefit plan descriptions, creates or is
intended to create a promise or representation of continued employment for any employee. AAG abides by all federal, state
and local laws. Summaries of your legal rights herein are not intended to substitute for actual legal text; at all times, the
actual law in effect governs employee rights.
ASSOCIATE BENEFITS
MEALS: Meals When Working -- Front of the House employees receive a 50% discount on food items eaten on premises if
they are eating directly before, during, or after their shift. Back of the House employees receive up to $9 meal benefit for each
shift they work. The food must be consumed on premises and does not include steaks or baby back ribs. There is also no
charge for soda, coffee, and iced tea while on duty. The Market Presidents may modify or discontinue meal benefits at their
discretion.
VACATION: You are eligible for vacation on your 2nd anniversary in the years when you average at least 34.00 hours of
work per week for the 52 weeks immediately preceding your anniversary date. On your 2nd and 3rd anniversary of eligible
employment you will accrue .0192 hours of vacation time for each 1 hour worked each pay period in the 52 weeks
immediately following your anniversary date of employment. On your 4th anniversary of eligible employment and every
anniversary of eligible employment thereafter you will accrue .0385 hours of vacation time for each 1 hour worked each
pay period for the 52 weeks immediately following your anniversary date. Vacation accrual will cap at any time the accrued
vacation “bank” is equal to or greater than 1.5 times your annual vacation award.
It is the responsibility of management to schedule vacations at whatever time best suits your needs without interfering with
the operation of the restaurant.
Upon termination of your employment with the Company, you will receive any vacation pay earned. If you have not
completed a vacation eligibility year at the time of your termination of employment, you are not eligible to receive a
prorated vacation.
Questions regarding vacation scheduling, vacation days earned or payment of vacation balances should be referred to
your manager, your Human Resources Generalist, or the Employee Hotline at 800.837.3667, ext. 1300.
HEALTH BENEFITS: Associate health benefits are available. Your Manager and/or HR Generalist will provide you with
the program information.
COORDINATION OF PREGNANCY DISABILITY LEAVE WITH FAMILY/MEDICAL LEAVE: Leave taken under the
pregnancy disability policy runs concurrently with family and medical leave under federal law, but not family and medical
leave under California Law.
FAMILY AND MEDICAL LEAVE: State and federal family and medical leave laws provide up to 12 workweeks of unpaid
family/medical leave within a 12-month period, under the following conditions:
• The employee has more than 12 months of service;
• The employee has worked at least 1,250 hours during the previous 12-month period before the need for leave; and
• The employee is employed at a work site where there are 50 or more employees within a 75-mile radius.
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Leave may be taken for one or more of the following reasons:
• The birth of the employee’s child, or placement of a child with the employee for adoption or foster care;
• To care for the employee’s spouse, registered domestic partner, child, or parent who has a serious health
condition; or
• For a serious health condition that makes the employee unable to perform his or her job.
Under most circumstances, leave under federal and state law will run at the same time and the eligible employee will be
entitled to a total of 12 weeks of family and medical leave in the designated 12-month period.
However, leave because of the employee’s disability for pregnancy, childbirth or related medical condition is not counted as
time used under California law (the California Family Rights Act). Time off because of pregnancy disability, childbirth or
related medical condition does count as family and medical leave under federal law (the Family and Medical Leave Act).
Employees who take time off for pregnancy disability and who are eligible for family and medical leave will also be placed
on family and medical leave that runs at the same time as their pregnancy disability leave. Once the pregnant employee is
no longer disabled, she may apply for leave under the California Family Rights Act, for purposes of baby bonding.
Any leave taken for the birth, adoption, or foster care placement of a child does not have to be taken in one continuous
period of time. California Family Rights Act leave taken for the birth or placement of a child will be granted in minimum
amounts of two weeks. Any leave taken must be concluded within one year of the birth or placement of the child with the
employee.
The following procedures shall apply when an employee requests family leave:
• Please contact your Manager or General Manager as soon as you realize the need for family/medical leave.
• If the leave is based on the expected birth, placement for adoption or foster care, or planned medical treatment for
a serious health condition of the employee or a family member, the employee must notify the Company at least 30
days before leave is to begin. The employee must consult with his or her manager regarding scheduling of any
planned medical treatment or supervision in order to minimize disruption to Company operations. Any such
scheduling is subject to the approval of the health care provider of the employee or the health care provider of the
employee’s child, parent, or spouse.
• If the employee cannot provide 30 days notice, the Company must be informed as soon as is practical.
If the Family and Medical Leave Act/California Family Rights Act request is made because of the employee’s own serious
health condition, AAG may require, at its expense, a second opinion from a health care provider that the Company
chooses. The health care provider designated to give a second opinion will not be one who is employed on a regular basis
by the Company.
If the second opinion differs from the first opinion, AAG may require, at its expense, the employee to obtain the opinion of a
third health care provider designated or approved jointly by the employer and the employee. The opinion of the third health
care provider shall be considered final and binding on AAG and the employee.
AAG requires the employee to provide certification within 15 days of any request for family and medical leave under state
and federal law, unless it is not practicable to do so. AAG may require recertification from the health care provider if
additional leave is required.
If the leave is needed for to care for a sick child, spouse, or parent, the employee must provide a certification from the
health care provider stating:
• Date of commencement of the serious health condition;
• Probable duration of the condition;
• Estimated amount of time for care by the health care provider; and
• Confirmation that the serious health condition warrants the participation of the employee.
When both parents are employed by AAG, and request simultaneous leave for the birth or placement for adoption or foster
care of a child, the Company will not grant more than a total of 12 workweeks of family/medical leave for this reason.
If an employee cites his/her own serious health condition as a reason for leave, the employee must provide a certification
from the health care provider stating:
• Date of commencement of the serious health condition;
• Probable duration of the condition; and
• Inability of the employee to work at all or perform any one or more of the essential functions of his/her position
because of the serious health condition.
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AAG will require certification by the employee’s health care provider that the employee is fit to return to his or her job.
Failure to provide certification by the health care provider of the employee’s fitness to return to work will result in denial of
reinstatement for the employee until the certificate is obtained.
Under most circumstances, upon return from family/medical leave, an employee will be reinstated to his or her original job
or to an equivalent job with equivalent pay, benefits, and other employment terms and conditions. However, an employee
has no greater right to reinstatement than if he or she had been continuously employed rather than on leave. For example,
if an employee on family/medical leave would have been laid off had he or she not gone on leave, or if the employee’s job
is eliminated during the leave and no equivalent or comparable job is available, then the employee would not be entitled to
reinstatement. In addition, an employee’s use of family/medical leave will not result in the loss of any employment benefit
that the employee earned before using family/medical leave.
Leave granted under any of the reasons provided by state and federal law will be counted as family/medical leave and will
be considered as part of the 12-workweek entitlement in a 12-month period. The 12-month period is measured forward
from the date any employee’s first Family and Medical Leave Act leave begins. Successive 12-month periods commence
on the date of an employee’s first use of such leave after the preceding 12-month period has ended. No carryover of
unused leave from one 12-month period to the next 12-month period is permitted.
USE OF LEAVE: An employee does not need to use this leave entitlement in one block. Leave can be taken intermittently or
on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for
planned medical treatment so as not to unduly disrupt the employer’s operations. Military Family Leave due to qualifying
exigencies may also be taken on an intermittent basis. Leave may not be taken on an intermittent basis when used to care for
the employee’s own child during the first year following birth, or to care for a child placed with the employee for foster care or
adoption, unless both the employer and employee agree to such intermittent leave.
SUBSTITUTION OF PAID TIME OFF FOR UNPAID LEAVE: Employees are required to use any earned, but unused
vacation during their leave. The substitution of paid leave time for unpaid leave time does not extend the 12-week leave
period.
MEDICAL AND OTHER BENEFITS: During an approved family medical leave, AAG will maintain the employee’s health
benefits (if any) as if the employee continued to be actively employed. If an employee contributes to his or her own health
benefits before the leave, that employee will still be responsible for the payment of that contribution while on leave.
MILITARY FAMILY LEAVE: There are two types of Military Family Leave available.
1. Qualifying exigency leave. Employees meeting the eligibility requirements described above may be entitled to use up to 12
weeks of their Basic FMLA Leave entitlement to address certain qualifying exigencies. Leave may be used if the employee’s
spouse, son, or daughter, is on active duty or called to active duty status in the National Guard or Reserves in support of a
contingency operation.
Qualifying exigencies may include:
• Short-notice deployment (up to 7 days of leave)
• Attending certain military events
• Arranging for alternative childcare
• Addressing certain financial and legal arrangements
• Periods of rest and recuperation for the service member (up to 5 days of leave)
• Attending certain counseling sessions
• Attending post-deployment activities (available for up to 90 days after the termination of the covered service member’s
active duty status)
• Other activities arising out of the service member’s active duty or call to active duty and agreed upon by AAG and the
employee
2. Leave to care for a covered service member. There is also a special leave entitlement that permits employees who meet the
eligibility requirements for FMLA leave to take up to 26 weeks of leave to care for a covered service member during a single 12month period. A covered service member is a current member of the Armed Forces, including a member of the National Guard
or Reserves, who has been rendered medically unfit to perform his or her duties due to a serious injury or illness incurred in the
line of duty while on active duty that may render the service member medically unfit to perform his or her duties for which the
service member is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary
disability retired list.
When both husband and wife work for the same employer, the aggregate amount of leave that can be taken by the husband
and wife to care for a covered service member is 26 weeks in a single 12-month period.
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MILITARY LEAVE: Employees who wish to serve in the military and take military leave should contact their Human
Resources Generalist or the Employee Hotline (800-837-3667, ext. 1300) for information about their rights before and after
such leave. Employees are entitled to reinstatement upon completion of military service, provided they return or apply for
reinstatement within the time allowed by law.
MILITARY SPOUSE LEAVE: Employees who work more than 20 hours per week and have a spouse in the Armed
Forces, National Guard or Reserves who have been deployed during a period of military conflict are eligible for up to 10
unpaid days off when their spouse is on leave from (not returning from) military deployment.
Employees must request this leave in writing to their Manager or General Manager within two business days of receiving
official notice that their spouse will be on leave. Employees requesting this leave are required to attach to the leave request
written documentation certifying the spouse will be on leave from deployment.
Additionally, the Family and Medical Leave Act (FMLA) provides up to 26 weeks of leave during a 12 month period for
spouses, parents, children, or next of kin (defined as “nearest blood relative”) to care for recovering military service
personnel who develop a serious injury or illness while serving in the armed forces.
Employees interested in the foregoing leaves should see their Human Resources Generalist or call the Employee Hotline
at (800-837-8667, ext. 1300) for further information.
PREGNANCY DISABILITY LEAVE: Pregnancy, childbirth, or related medical conditions will be treated like any other
disability, and an employee on leave will be eligible for temporary disability benefits in the same amount and degree as any
other employee on leave.
Any female employee planning to take pregnancy disability leave should advise her Manger or General Manager as early
as possible.
The individual should make an appointment with the Human Resources Generalist to discuss the following conditions:
• Employees who need to take pregnancy disability must inform AAG when a leave is expected to begin and how
long it will likely last. If the need for a leave or transfer is foreseeable, employees must provide notification at least
30 days before the pregnancy disability leave or transfer is to begin. Employees must consult with the Human
Resources Generalist regarding the scheduling of any planned medical treatment or supervision in order to
minimize disruption to the operations of the Company. Any such scheduling is subject to the approval of the
employee’s health care provider;
• If 30 days’ advance notice is not possible, notice must be given as soon as practical;
• Upon the request of an employee and recommendation of the employee’s physician, the employee’s work
assignment may be changed if necessary to protect the health and safety of the employee and her child;
• Requests for transfers of job duties will be reasonably accommodated if the job and security rights of others are not
breached;
• Temporary transfers due to health considerations will be granted when possible. However, the transferred
employee will receive the pay that accompanies the job, as is the case with any other temporary transfer due to
temporary health reasons;
• Pregnancy leave usually begins when ordered by the employee’s physician. The employee must provide AAG with
a certification from a health care provider. The certification indicating disability should contain:
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The date on which the employee became disabled due to pregnancy;
The probable duration of the period or periods of disability; and
A statement that, due to the disability, the employee is unable to perform one or more of the
essential functions of her position without undue risk to herself, the successful completion of her
pregnancy, or to other persons.
Leave returns will be allowed only when the employee’s physician sends a release;
Duration of the leave will be determined by the advice of the employee’s physician, but employees disabled by
pregnancy may take up to four months. The four months of leave includes any period of time for actual disability
caused by the employee’s pregnancy, childbirth, or related medical condition. This includes leave for severe
morning sickness and for prenatal care.
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Under most circumstances, upon submission of a medical certification that an employee is able to return to work from a
pregnancy disability leave, an employee will be reinstated to her same position held at the time the leave began or to an
equivalent position, if available. An employee returning from a pregnancy disability leave has no greater right to
reinstatement than if the employee had been continuously employed.
BEREAVEMENT LEAVE: Employees are eligible for up to three days of unpaid bereavement leave. An employee needing
bereavement leave should notify his or her supervisor immediately.
JURY/WITNESS DUTY: AAG considers jury duty a civic responsibility and will make arrangements for an employee to be
absent from work to serve on a jury or as a witness in a court case. Employees requiring such leave must inform their
Manager or General Manager and provide a copy of the summons or other legal proof that their presence is requested.
Employees on jury/witness leave must keep management up to date on their jury/witness duty schedule. Jury/witness duty
is an unpaid absence.
STUDENT LEAVE: An unpaid leave of absence may be allowed for qualified students who work for AAG during breaks
from school. Employees approved for student leave are allowed to return to AAG employment during breaks from school
without having to repeat the application, hiring and orientation process. To be eligible for student leave, an employee must
be in good standing with the Company.
Employees requesting Student Leave must notify their General Manager no less than 2 weeks prior to departure for school.
Student Leaves are approved by the General Manager and are granted at the General Manager’s discretion.
Failure to return to work with AAG after 6 months will be considered voluntary resignation.
OTHER LEAVE: Provided the appropriate documentation is produced, unpaid time off may be available to employees who
are (1) victims of domestic violence or other crimes, (2) volunteers for civil air patrol, firefighters, peace officers, or
emergency rescue personnel, (3) participants in a child’s school activities, and (4) organ and bone marrow donors.
Employees interested in the foregoing leaves should see their Human Resources Generalist or call the Employee Hotline
at (800-837-8667, ext. 1300) for further information.
Note that the foregoing are summaries only and other restrictions and qualifications may apply. For specific and
detailed information about these leaves of absence, contact your Human Resources Generalist or call the
Employee Hotline at 800.837.3667, ext. 1300.
PAY POLICIES
GARNISHMENTS: AAG will comply with all court orders to withhold money from employee paychecks. Garnishments are
processed by the Support Center Payroll department. Any questions about your garnishment should be directed to that
department at 800.837.3667, ext. 1300.
MEAL AND REST PERIODS: All hourly employees are entitled to periodic rest break periods during their workday. Hourly associates
will be paid for all rest break periods and will not clock out. Managers will advise employees of the time and duration of rest breaks and
employees are expected to return to work promptly at the end of any rest break.
REST PERIOD TABLE –
HOURS WORKED
Less than 3.5 hours worked
3.5 to 6 hours worked
More than 6 hours worked to 10 hours worked
More than 10 hours worked to 14 hours worked
MEAL PERIOD TABLE –
HOURS WORKED
Work period of more than 5 hours
Work period of more than 10 hours
REST PERIODS (CALIFORNIA)
Rest period need not be authorized for employees
whose total daily work time is less than 3.5 hours
A total of 1 10-minute rest period
A total of 2 10-minute rest periods
A total of 3 10-minute rest periods
MEAL PERIODS (CALIFORNIA)
1 30-minute meal period (if total work period per day
is 6 hours or less, the meal period may be waived by
mutual consent)
2 30-minute meal periods (if total hours worked is no
more than 12 hours, the second meal period may be
waived by mutual consent only if the first meal
period was not waived)
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Employees must clock out for meal periods. Managers will advise employees of the scheduling of meal periods. Employees must not
perform any work during their meal periods, and must stop working for at least 30 full, consecutive minutes. Employees may, if they
choose, waive their first or second meal break. If you choose to waive your meal break, you will be asked to sign a form indicating your
consent. Please see your manager for details.
All rest breaks and meal periods must be taken away from the regular work area. Employees may leave the premises for meal
periods.
These breaks from work are not optional but required by state law. Subject to the meal break waivers provided in the attached booklet,
we are required to provide all breaks.. Proper clocking-out and clocking-in is the employee’s responsibility. Failure to follow these
requirements places our company at risk and may result in discipline up to and including termination. Any employee who does not waive
his or her meal break and fails to take the applicable rest breaks and/or meal periods must notify the Manager or General Manager
immediately.
MEETINGS: Meetings are occasionally held to discuss new policies, new menu items, or new procedures. Employees will
be paid at least minimum wage for these meetings and attendance is required unless excused by the General Manager. If
an employee misses a meeting and it was not excused by the General Manager, it will count as an unexcused missed shift.
OVERTIME: Employees may be required to work overtime as necessary. Only actual hours worked in a given workday
or workweek can apply in calculating overtime. All overtime work must be previously authorized by a manager. AAG
provides compensation for all overtime hours worked by hourly employees in accordance with state and federal law as
follows:
•
All hours worked in excess of eight hours in one workday or 40 hours in one workweek will be treated as
overtime. A workday begins at 04:01am and ends at 04:00am 24 hours later. Workweeks begin each Wednesday
at 04:00 am;
•
Compensation for hours in excess of 40 for the workweek, or in excess of eight and not more than 12 for the
workday, and for the first eight hours on the seventh consecutive day of work in one workweek, shall be paid at a
rate one and one-half times the employee's regular rate of pay; and
•
Compensation for hours in excess of 12 in one workday and in excess of eight on the seventh
consecutive workday in a workweek shall be paid at double the regular rate of pay.
Employees with questions about how overtime is calculated should consult management, the Human
Resources Generalist, or the Support Center Payroll Department at 800-837-3667.
PAYDAYS: Our pay week runs from Wednesday through Tuesday. In compliance with State law, employees will be paid biweekly on the Tuesday following the end of the pay week.
Employees may not cash paychecks at work. Direct Deposit is not mandatory, but all employees are eligible for direct deposit.
To sign up for direct deposit, talk with your General Manager. Lost checks should be immediately reported to a manager.
Please check your paycheck carefully. If you believe an error has been made, it is your responsibility to call it to the attention of
a manager.
PAYROLL DEDUCTIONS: The following list represents deductions you may notice on your paycheck /direct deposit stub:
• TAXES**
o Federal Income Tax
o State Income Tax
o City/Local Income Tax
o Social Security (FICA) Tax
o Federal Medicare Tax
• OTHER ITEMS DESIGNATED BY EMPLOYEE
**State and local taxes vary depending on your local laws.
TIME KEEPING: All sales terminals have a time keeping feature that acts as a time clock. Employees are assigned a
specific employee number, and are required to clock in and clock out for each shift and unpaid break. If an employee
forgets to clock in or out, and a manager is required to make a change in the system, the employee will need to verify the
change with the manager by signing a form stating it has been reviewed with the manager. Repeatedly forgetting to clock
in or out will lead to performance counseling, up to and including termination.
No non-management employee is allowed to clock in or out for an employee; and managers can only clock employees
in/out with the employee’s signature verifying the action. Employees cannot clock in prior to a shift or after the shift is
completed without manager approval. Time clock records are required by state and federal law – if we discover an
employee has manipulated a clock record, that employee will receive performance counseling up to and including
termination.
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TIPS: Neither AAG nor its managers, directors or executives are permitted to share or keep any part of any gratuity left for
employees. “Tip pooling,” whereby employees pool a portion of their tips and then share those tips with other employees, is
strictly voluntary.
GENERAL INFORMATION
DISPUTE RESOLUTION PROGRAM: Included in this handbook is our complete Dispute Resolution Program booklet that
explains our formal Dispute Resolution Program in detail, and provides clear description of what is covered under the program.
EMPLOYEE PROPERTY: An employee’s personal property, including but not limited to lockers, packages, purses, and
backpacks, may be inspected upon reasonable suspicion of unauthorized possession of AAG property or illegal/improper
substances.
NAMES AND ADDRESSES: AAG is required by law to keep current all employees’ names and addresses. Employees are
responsible for notifying AAG in the event of a name or address change. Employees should also notify AAG if there is a
change in phone number, marital status, number of dependents or emergency contact.
SCHEDULING AND POSITION: AAG reserves the right to schedule employees in any position for which they are trained
at any time. Neither tenure nor past practice guarantees any employee the right to a particular schedule, number of hours
or position.
WORKPLACE PRIVACY: Employees may not use any cameras, audio or video recording devices in or around the restaurant.
AAG PROPERTY
BULLETIN BOARDS: A bulletin board is posted to serve as a means of communication between AAG and restaurants,
between employee on different shifts, and between management and employees. It is to be used for official business only,
and all postings must have management approval. Please check the board when arriving for work and when leaving the
premises at the end of a shift for pertinent information.
OFFICE: The Manager’s Office is off-limits unless you are accompanied by a manager.
SOLICITATION AND DISTRIBUTION OF LITERATURE: In order to ensure efficient operation of AAG’s business and to
prevent disruption to employees, we have established control of solicitations and distribution of literature on AAG property. AAG
has enacted rules applicable to all employees governing solicitation, distribution of written material, and entry onto the premises
and work areas. All employees are expected to comply strictly with these rules. Any employee who is in doubt concerning the
application of these rules should consult with his or her manager.
•
•
No employee shall solicit or promote support for any cause or organization during his or her working time or during
the working time of the employee or employees at whom such activity is directed.
No employee shall distribute or circulate any written or printed material in work areas at any time, or during his or
her working time or during the working time of the employee or employees at whom such activity is directed
Under no circumstances will non-employees be permitted to solicit or to distribute written material for any purpose on
AAG property.
TELEPHONES: Restaurant telephones are for business use and to provide extra service for our guests. They cannot be used
for employee personal business except in an emergency situation.
EMPLOYEE CONDUCT
ALCOHOL AWARENESS: Any employee who does not “card” guests (verify guests who appear to be 30 or under by
asking for proper ID) ordering alcoholic beverages will be terminated. Any employee who serves alcoholic beverages to
someone who is clearly intoxicated will be terminated. We will do whatever it takes to assure that a guest drinks
responsibly and gets to their destination safely. Restaurant managers will communicate procedures for dealing with
alcohol issues.
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ATTENDANCE: Employees are expected to be at work, ready to go, at the scheduled start time and to stay until the
completion of your shift. Tardiness is grounds for performance counseling. An employee who can’t appear for a scheduled
shift must call their manager at least 3 hours before the shift begins. The absence of an ill employee may be excused if the
employee provides a doctor’s release within 48 hours after returning to work.
To avoid discipline, employees who cannot work an assigned shift can arrange to have another team member cover the
shift or trade with another team member. Any changes to the schedule must be approved by a manager.
NOTE: It is your responsibility to make sure proper notification of scheduling conflicts/absences is given.
Notification received from another employee, friend or relative is not considered proper, except under emergency
conditions. You must also speak with a manager – telling a fellow on-duty employee that you won’t be in is not
acceptable and will lead to disciplinary action.
CASH SHORTAGES: AAG will use employee counseling, up to / including termination of employment for any cash
shortage. If there is a cash shortage due to gross negligence, dishonesty or a willful act on the part of an employee, AAG
reserves the right to pursue legal means of repayment from that employee.
CELL PHONES AND OTHER DEVICES: Employees may not use or carry a cell phone while on the clock. The same is
true for a pager, Blackberry, iPhone or any other communications device. If there is a specific concern or emergency, an
employee must ask a manager for an exception for a specific shift.
CONDUCTING PERSONAL BUSINESS: Employees are to conduct only AAG business while at work. Employees may
not conduct personal business or business for another employer during their scheduled working hours.
DISCIPLINARY ACTION: Violation of AAG policies and rules (including engaging in conduct listed herein as Prohibited
Conduct) may warrant disciplinary action. AAG may, in its sole discretion, utilize whatever form of discipline is deemed
appropriate under the circumstances, up to, and including, termination of employment. AAG’s policy of discipline in no way
limits or alters the at-will employment relationship.
DRINKING AT APPLEBEE’S OFF THE CLOCK: Employees of legal drinking age, will be permitted to consume alcoholic
beverages in any AAG Applebee’s restaurant with a maximum of 2 (two) alcoholic beverages IF the following
requirements are met:
• Must pay full price for alcoholic beverages
• Must refrain from any behavior/language that is less than professional or not in the best interest of guests,
co-workers, or the employer.
• May not consume any alcoholic beverages within 4 (four) hours prior to the start of their shift or prior to visiting
another Applebee’s restaurant to work in any capacity.
• May NOT enter the BOH or the immediate bar area (excluding High-top tables) while consuming alcohol.
• Must be off-duty and not in any Applebee’s uniform.
All managers and supervisors have the responsibility to enforce this policy and all employees must report any violation
or potential violation to their immediate supervisor and/or the Human Resources representative immediately. Failure
either to enforce or adhere to this policy may result in immediate disciplinary action up to and including
termination.
Drinking privileges for employees at Applebee’s restaurants will be at the sole discretion of AAG. Consult the restaurant
manager for additional information about employees as off-duty guests in our restaurants.
DRUG AND ALCOHOL ABUSE: The following rules and standards of conduct apply to all employees either on AAG
property or during the workday (including meal periods). Behavior that violates AAG policy includes:
•
Possession or use of an illegal or controlled substance;
•
Being under the influence of an illegal or controlled substance while on the job; and
•
Distribution, sale, or purchase of an illegal or controlled substance while on the job.
Violation of these rules and standards of conduct will not be tolerated. AAG also may bring the matter to the attention of
appropriate law enforcement authorities.
In order to enforce this policy, AAG reserves the right to conduct searches of AAG property or employees and/or their
personal property, and to implement other measures necessary to deter and detect abuse of this policy.
Any employee who is using prescription or over-the-counter drugs that may impair the employee’s ability to safely perform
the job, or affect the safety or well-being of others, must notify a manager of such use immediately before starting or
resuming work.
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EMPLOYEE HOTLINE: Do you need help with a problem? If you have a work-related problem that seems insurmountable,
and you’ve gone through channels and are still not satisfied, try our Hotline to get help with: problems relating to your
employment; payroll/benefits questions or problems. Call 800.837.3667, ext. 1300.
GUEST TREATMENT: It is against Apple American Group policy for an associate of AAG to make negative or derogatory
remarks about a guest to anyone, including fellow employees. Speaking to a guest about the amount of tip is grounds for
immediate suspension and possible termination. Employees may not pressure hosts to have a specific type of guest in
their section.
LOST AND FOUND: Any item found in the restaurant or on the property by an employee is to be turned over to the manager
on duty immediately.
PARKING: Employee parking is a "house" policy. Your manager will tell you if you will be required to park in a specific
area.
PROMOTIONS: Apple American is always looking for career-minded internal candidates. If you are interested in another
position, notify your manager. Promotions are determined by merit, not length of time with AAG.
SMOKING: Employee smoking is restricted to specific times and areas which are determined by management. The
Smoking Policy for your restaurant will be posted where other employee notices are located. Smoking is never permitted
(1) in the restaurant, (2) while in public view or (3) in public areas while employees are in work clothes. Smoking in areas
and at times that are prohibited may result in termination.
STAYING AFTER HOURS: We understand that after work employees may want to relax and unwind as guests.
Managers will advise employees regarding specific restaurant policies on whether and when staying after hours is
acceptable. Employees who are not “on the clock” cannot do any work, even if they just want to “help out” coworkers.
WORK CLOTHES: AAG, as an Applebee’s franchise, requires its employees to wear an Applebee’s name badge &
apron, provided by AAG. We’ll also require that you wear certain styles shirt and pants and possibly other items that
could be a part of your basic street clothing and that you can buy at a variety of stores. We will provide you a free “startup” name badge and apron as these are specifically Applebee’s. Clean nails, hands, teeth, and the use of an effective
deodorant are a must in the restaurant business. Your clothing must be clean and wrinkle-free. Your shoes must be
non-slip soled shoes - Additional requirements include:
Front of House Positions
• Hair must be clean and pulled back away from face.
• Hair must be restrained if shoulder length or longer, and always away from items being served.
• Make-up should be simple and applied lightly.
• GM or AD will approve the length of mustaches, sideburns and beards. While growing a beard, daily shaving &
shaping of the beard is required.
• Manicures must be well-maintained – no chipping. Clear polish only. White French-tip also allowed.
• Tattoos and body piercing (other than ears) must be concealed from guests’ view.
• Hair color and style should be conservative.
• Jewelry should be kept to a minimum; management reserves the right to approve appropriateness.
• Perfume, colognes, and aftershave must be fresh and lightly scented. No heavy scents are permitted.
• Clothing must be clean (not stained); not worn, free of fraying or holes and wrinkle-free. Socks are required.
• T-shirts worn under a FOH shirt must be a V-neck and not visible to guests.
• Intentional body alteration or modification for the purpose of achieving a visible, physical effect that disfigures,
deforms or similarly detracts from a professional image is prohibited. Examples include, but are not limited to,
visible tattoos, brands, body piercing (other than traditional ear piercing), tongue piercing or splitting, tooth filing,
earlobe expansion, and acquiring visible, disfiguring skin implants.
• Methods to conceal an unacceptable piercing, such as using a bandage, are not permitted. For tattoo coverage, a
discrete bandage or opaque makeup will be permitted if they completely conceal the tattoo. Spacers or retainers
are not permitted in any visible body piercing while working. Jewelry worn in non-visible piercings that may pose a
safety risk because of working clothes design and/or job responsibilities will not be permitted.
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Front of the House Dress Code
• BLACK PANTS: Casual style, all black, loose fitting casual slacks (Dockers style), with belt loops and a maximum of 2 front
and 2 rear pockets. Pants can have a cuff or no cuff, but cannot touch the floor.
• BELT: Solid, plain black belt 1 inch to 1 ½ inches wide.
• SOCKS: Black socks.
• BLACK SHOES: Must be leather, with non-skid soles (see approved styles). NO EXCEPTIONS.
• SHIRT: Button down, solid black long sleeve or short sleeve shirt with collar for FOH employees. Additionally V-Neck blouses
and other feminine cut shirts can be worn with permission of the General Manager. Long sleeve shirts cannot be rolled up. All
shirts must be tucked into pants with the exception of certain feminine tailored shirts that will not need tucked in, providing the
shirt is no more than 3 inches below the waist line of pants. T-shirts can be worn but cannot be visible to the guest.
• BLACK APRONS: Servers will wear black aprons, which will be provided to them.
• NAME TAG: Approved Applebee’s Name Tag.
Back of House Positions
• Applebee’s shirts and hats are required.
• Jeans or pants with no holes – no sweats.
• No excessive jewelry.
• No shorts at any time.
• Socks are required.
• BLACK SHOES: Must be leather, with non-skid soles (see approved styles). NO EXCEPTIONS.
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PROHIBITED CONDUCT
The following conduct is prohibited and will not be tolerated by AAG. This list of prohibited conduct is illustrative only; other
types of conduct that threaten security, personal safety, employee welfare and AAG operations also may be prohibited.
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Falsifying employment records, employment information, or other AAG records (note that employment information
includes Social Security Numbers and any other documents used to verify identity and ability to work in the United
States);
Recording the work time of another employee or allowing any other employee to record your work time, or falsifying
any time record, either your own or another employee’s;
Theft and deliberate or careless damage or destruction of any AAG property, or the property of any employee or
customer;
Removing or borrowing AAG property without prior authorization;
Unauthorized use of AAG equipment, time, materials, or facilities;
Provoking a fight or fighting during working hours or on AAG property;
Participating in horseplay or practical jokes on AAG time or on AAG premises;
Carrying firearms or any other dangerous weapons on AAG premises at any time;
Engaging in criminal conduct whether or not related to job performance;
Causing, creating, or participating in a disruption of any kind during working hours on AAG property;
Insubordination, including but not limited to failure or refusal to obey the orders or instructions of a supervisor or
member of management, or the use of abusive or threatening language toward a supervisor or member of
management;
Using abusive language at any time on AAG premises;
Failing to personally notify a supervisor when unable to report to work and returning without doctor’s note;
Violation of AAG’s social media policies;
Unexcused absence;
Failing to obtain permission to leave work for any reason during normal working hours;
Failing to observe working schedules, including rest and lunch periods;
Failing to provide a physician’s certificate when requested or required to do so;
Sleeping or malingering on the job;
Violating AAG’s alcohol policies;
Working overtime without authorization or refusing to work assigned overtime;
Wearing disturbing, unprofessional or inappropriate styles of dress or hair while working;
Violating any safety, health, security or AAG policy, rule, or procedure;
Violating other policies within this handbook;
Committing a fraudulent act or a breach of trust under any circumstances;
Committing of or involvement in any act of unlawful harassment of another individual; and
Failing to promptly report work-related injury or illness.
This statement of prohibited conduct does not alter AAG's policy of at-will employment. Either you or AAG remain free to
terminate the employment relationship at any time, with or without reason or advance notice.
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SAFETY AND HEALTH
ACCIDENT REPORTING: Any employee who suffers an accidental injury, no matter how minor, must be reported to
management immediately. This is a Government requirement placed on both employee and employer.
EQUIPMENT: Care is required in the handling of all equipment and supplies. It is expected that employees will handle all
equipment as instructed. This policy applies to all areas and departments of the restaurant.
GENERAL SAFETY POLICY: All employees are responsible for their own safety, as well as that of others in the
workplace. To help us maintain a safe workplace, everyone must be safety-conscious at all times. Report all work-related
injuries or illnesses immediately to management. In compliance with California law, and to promote the concept of a safe
workplace, AAG maintains an Injury and Illness Prevention Program. The Injury and Illness Prevention Program is
available for review by employees and/or employee representatives in the General Manager’s office.
HAZARDS: All safety hazards such as broken equipment, damaged machinery or tools, or slippery floors should be reported to
the manager immediately.
OBJECTS ON THE FLOOR: Immediately pick up anything dropped on the floor and any foreign object on the floor. Keep
aisles, halls and walkways free from electric cords or hoses.
SECURITY: Be aware of persons loitering for no apparent reason in parking areas, walkways, entrances and exits, and service
areas. Report any suspicious persons or activities to management. Do not leave valuable and/or personal articles in the
restaurant where they are accessible. AAG is not responsible for personal belongings brought into the restaurant
SLIPPERY FLOORS: For safety’s sake, wipe up any spill at once--and wipe it dry. If you must walk on wet, slippery floors,
slow down and take short firm steps.
WORKPLACE VIOLENCE: AAG has a zero tolerance for acts of violence and threats of violence. Without exception, acts and
threats of violence are not permitted. All such acts and threats, even those made in apparent jest, will be taken seriously, and
will lead to discipline up to and including termination.
A threat includes, but is not limited to, any indication of intent to harm a person or damage AAG property. Threats may be direct
or indirect, and they may be communicated verbally or nonverbally.
Possession of weapons on AAG premises and at AAG-sponsored events shall constitute a threat of violence. Employees may
not possess a firearm on AAG property regardless of whether or not they have a permit. Other prohibited items are: explosives,
knives and other dangerous weapons, including chemical substances intended to cause injury to another.
It is every employee’s responsibility to assist in establishing and maintaining a violence-free work environment. Therefore, each
employee is expected and encouraged to report any weapon or incident which may be threatening or violent. Employees may
submit a report to any manager, Human Resources Generalist or via the Employee Hotline (800-837-3667, ext. 1300).
LEAVING AAG
EMPLOYEE REFERENCES: All requests for references must be directed to your Human Resources Generalist. No other
manager or employee is authorized to release references for current or former employees. AAG’s policy is to only disclose the
dates of employment and the title of the last position held of former employees. If an employee authorizes the disclosure in
writing, AAG also will inform prospective employers of the amount of salary or wage the employee last earned.
NOTICE: If an employee must resign, we request a written 2-week notice, so that we can plan accordingly. During the final 2
weeks, we expect that employees will continue to perform their job duties properly. Providing notice does not alter the at-will
status of your employment and AAG may accept your resignation immediately or at any time during the notice period.
VOLUNTARY RESIGNATION: Voluntary resignation results when an employee voluntarily quits his or her employment at
AAG or, in the absence of a severe, unforeseeable medical emergency that is verified by a medical professional, fails to report
to work for two (2) scheduled workdays without notice to, or approval by, his or her manager. All AAG-owned property,
including keys, must be returned immediately upon termination of employment.
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DISPUTE RESOLUTION PROGRAM
[2004EDR Systems, LLC/All Rights Reserved/Revised 2011]
This Dispute Resolution Program is adopted for Apple American Group (Apple American Group LLC and Apple
American Group II LLC) and all subsidiaries or affiliated entities, and all successors and assigns of any of them, all of
which are collectively hereinafter referred to as the “Company.”
The Company is committed to building a strong relationship between the Company and all of our employees - a
relationship that is based on trust and open communication. The Company is an equal opportunity employer and
strives to maintain an atmosphere of mutual trust and open, honest communication. By working together, we can reach
any goal we set for ourselves. We do not and will not tolerate harassment or discrimination by any employee,
regardless of their status with the Company, and no employee will be retaliated against for using this Program.
We understand, however, that problems and disagreements are unavoidable when people with different viewpoints
spend a lot of time together. We cannot entirely eliminate disagreements, but we can provide a process for resolving
them when they do occur by taking prompt constructive action.
Based on these beliefs and values, we developed this DISPUTE RESOLUTION PROGRAM (the “Program”). The
Program is a four- step process for resolving workplace problems quickly and fairly. This policy describes the steps that
both you and the Company must take to resolve many types of workplace problems. The Company is also obligated to
follow the Program and will also be bound by arbitration. The types of problems covered by the Program are explained
in detail in this policy.
THIS PROGRAM IS A CONDITION OF YOUR EMPLOYMENT AND IS THE MANDATORY AND EXCLUSIVE MEANS
BY WHICH DISPUTES BETWEEN YOU AND THE COMPANY MAY BE RESOLVED, SO READ THE INFORMATION
IN THIS PROGRAM BOOKLET CAREFULLY.
When you have a work-related problem, follow the steps listed below in this policy.
Step 1: UTILIZE THE OPEN DOOR POLICY
In any relationship, when a disagreement occurs, keeping emotions bottled up inside only causes the problem to get
bigger. At the Company we want to encourage open communication so we can solve the problem with the least
amount of stress for those involved. To do this, we have developed an Open-Door Policy that encourages you to talk
with your manager to get your concerns addressed quickly.
1.
Talk directly to your immediate manager. If you have a problem, first discuss it with your Manager or General
Manager as soon as possible after the problem arises.
2.
Talk to a higher level of management. Sometimes, you may not be able to resolve the issue with your
Manager or General Manager. If this is the case, take your concern to your Area Director, Director of Operations or up
to the Market President to get the answers you need.
3.
Talk with Human Resources. If you have tried the above steps and are not satisfied, or if you are not
comfortable talking to your managers for any reason, you can contact your Human Resources Generalist to get the help
you need.
4.
Talk with Support Center. If for any reason you are uncomfortable with following the prior steps, you should
feel free to contact the Support Center Human Resource Dept. at 216.525.2775 or Employee Hotline at 800.837.3667
x1300 and ask for help.
Step 2: EXECUTIVE REVIEW
If you have tried the Open Door Policy and are not satisfied, you may request the Executive Review Step. In this step,
the Company’s President or his designee (the “Executive”) will review the issue or problem and attempt to resolve the
issue or problem to your satisfaction and to the satisfaction of your Manager and the Company. Failing that, the
Executive will make a decision.
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Here is how you obtain access to the Executive Review Step:
1.
Request review. As soon as possible after your exhaustion of the Open Door Policy Step process, you can
start the Executive Review process by contacting the Company’s Employee Relations department. The Employee
Relations department can be reached at 216.525.2775 or you can call the Employee Hotline at 800.837.3667 x1300
and ask for help.
2.
Submit information. In order to access the Executive Review Step, you should provide a written statement that
contains as much of the following information as is reasonably available to you:
a.
Describe in detail, to the best of your ability, the factual basis on which your claim is made.
b.
Describe the measures you have taken at the Communication Step to resolve the issue including the supervisors
you have spoken with about the problem.
c.
Describe the nature and extent of any remedy or relief you believe you should have.
*You can obtain a copy of a form to use for this purpose from the Human Resources Department.
3.
The Review. The Company’s Executive will review the problem and make whatever investigation he believes is
appropriate under the circumstances. This may include, in all likelihood, a discussion with you and your Manager and a
review of all relevant documents.
4.
The Solution. The Executive will attempt to find a way to resolve the problem to the satisfaction of all the
parties involved in the situation. However, if the problem cannot be resolved in this manner, the Executive will make a
decision. That decision will be made in writing, generally within thirty (30) days of your request for executive review.
5.
Non-Legal Claims. If your claim is not a statutory or common law claim (“legal claim”), Executive Review is the
final step in the Dispute Resolution Program. (Only legal claims may proceed to mediation or arbitration). For example,
mediation and arbitration are not available to review performance evaluations, job elimination or lay-off decisions,
Company work rules, policies and pay rates, or increases or decreases in benefits, except to the extent such matters
relate to statutory or common law claims.
Step 3: MEDIATION
If you believe you have a legal claim that was not solved through the Open Door Policy or Executive Review, the next
step is Mediation. In Mediation, an objective, independent third party tries to help the parties reach a mutually agreeable
solution.
When you or the Company requests Mediation, the Company will contact the American Arbitration Association (AAA) or
a similar organization specializing in dispute resolution. The agency will assign a professional mediator to mediate the
dispute. The mediator will listen, work to open communication lines, and offer creative solutions. But the mediator
does not make a final decision. It is up to you and the Company to reach agreement. The goal of mediation is to
develop a solution that satisfies both parties involved.
Here is how to put the Mediation Step to work for you:
1.
Advise the Employee Relations department that you request Mediation. You should request Mediation as
soon as possible, generally within sixty (60) days from the date you complete the Executive Review Step, so that the
issues will be fresh in your mind. You will be requested to complete a Request for Mediation form, which will be
furnished.
2.
Select mediator. When either you or the Company request Mediation, the parties will select an outside,
independent neutral mediator to handle the mediation process. The Company will pay the fees of the mediator and the
mediation agency.
3.
You, the mediator and the Company representative meet. The mediator will schedule a meeting between
you and the Company representative. The mediator will guide the discussion and help resolve the problem. However,
it is up to both you and the Company to reach agreement. The mediator does not make the final decision.
4.
Written agreement. If appropriate, after you and the Company have agreed upon a solution, a written
agreement will be signed by the parties.
Step 4: ARBITRATION
If you have a work-related problem that involves one of your legally protected rights, which has not been resolved
through the earlier steps, you may request Arbitration.
In Arbitration, an outside neutral expert chosen and agreed upon by you and the Compnay, called an “arbitrator”,
becomes involved in the resolution process. He or she listens to the facts, then makes a final binding decision and
awards any damages, just like a judge in a court of law. Arbitration is less formal than conventional court litigation but
is clearly established and governed by rules and standards of conduct, which are designed to assure due process of
law is fully protected. The goal of Arbitration is to provide effective and efficient problem resolution.
Here is how the Arbitration process works:
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1.
Request Arbitration. If you believe you have a legal claim, you may request that your claim go to Arbitration.
Simply complete an Arbitration Request Form (provided upon request) and return it to the Company at its Cleveland,
Ohio Support Center addressed to the attention of the Apple American Group Employee Relation Department, 6200
Oak Tree Blvd, Suite 250, Independence, Ohio 44131. The form can be obtained from your Human Resources
Generalist. The Arbitration will be conducted by the AAA or any similar organization mutually acceptable to you and the
Company. The arbitration will be conducted under the AAA’s “National Rules for the Resolution of Employment
Disputes”, which are in effect at the time the demand for arbitration is filed. The rules can be obtained from the AAA’s
website at ADR.org or from the Company upon request.
The arbitration agency selected (the “agency”) will then bill you and the Company each a filing fee. Your portion of that
fee is limited to
$125.00. The Company will pay the balance of the agency’s initial filing fee and will pay the arbitrator’s fee. If you
establish that you cannot pay the filing fee, the Company will pay your portion of the fee.
2.
A hearing is set. The arbitrator will schedule a date, time and place for a hearing. During this hearing, both you
and the Company present the pertinent facts, documents, and witnesses. You may hire a lawyer to participate in the
Arbitration hearing with you. The hearing will be conducted in the community where you are/were employed by the
Company or in another mutually agreeable location.
3.
A decision is made. Based on the information presented and the facts gathered, the arbitrator will make a final
binding decision in writing that will set forth the essential findings and conclusions on which the award is based. The
decision of arbitrator shall have a final and binding effect in any related litigation. If you win, the arbitrator can award
you anything you might seek through a court of law. By using Arbitration, your rights are protected and damages can
be paid if those rights have been violated.
PROGRAM RULES CLAIMS SUBJECT TO ARBITRATION
Claims and disputes subject to arbitration include all those legal claims you may now or in the future have against the
Company or against its officers, directors, shareholders, employees or agents, including claims related to any Company
employee benefit program or against its fiduciaries or administrators (in their personal or official capacity), and all claims
that the Company may now or in the future have against you, whether or not arising out of your employment or
termination, except as expressly excluded under the “Claims Not Subject to Arbitration” section.
Legal claims that are subject to arbitration include, but are not limited to:
 claims for wages or other compensation;
 claims for breach of any contract, covenant or warranty (expressed or implied);
 tort claims (including, but not limited to, claims for physical, mental or psychological injury, but excluding statutory
workers compensation claims);
 claims for wrongful termination;
 claims for sexual or other illegal harassment or discrimination (including, but not limited to, claims based on race,
sex, sexual orientation, religion, national origin, age, medical condition or disability whether under federal, state or
local law);
 claims for benefits or claims for damages or other remedies under any employee benefit program sponsored by the
Company (after exhausting administrative remedies under the terms of such plans);
 “whistleblower” claims under any federal, state or other governmental law, statute, regulation or ordinance;
 claims for a violation of any other non-criminal federal, state or other governmental law, statute, regulation or
ordinance; and
 claims for retaliation under any law, statute, regulation or ordinance.
CLAIMS NOT SUBJECT TO ARBITRATION
The only claims or disputes not subject to arbitration are as follows:
 any claim by an employee for benefits under a plan or program which provides its own binding arbitration
procedure;
 any statutory workers compensation claim; and
 unemployment insurance claims;
Your agreement to adhere to this Dispute Resolution Program does not prohibit you from pursuing an administrative
claim with the National Labor Relations Board, any state or federal department of labor, the California Department of
Fair Employment and Housing or the United States Equal Employment Opportunity Commission. This Agreement,
does, however, preclude you from personally pursuing court action regarding any such claim.
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CA-EE-HBK
Additionally, nothing in this Agreement is intended to prevent either you or the Company from obtaining injunctive relief
in court to prevent irreparable harm pending the conclusion of any arbitration conducted hereunder and either of us
may apply to the appropriate state or federal court for a temporary restraining order, preliminary injunction, or other
interim or conservatory relief, as necessary, without breach of this arbitration agreement and without abridgement of the
powers of the arbitrator.
The parties also agree that any arbitration between the employee and the Company is of their individual claim and that
any claim subject to arbitration will not be arbitrated on a collective or class-wide basis. However, this provision does
not preclude employees from exercising their rights under the National Labor Relations Act to joining other employees
in a collective action to improve working conditions.
Also, any non-legal dispute is not subject to arbitration. Examples include disputes over a performance evaluation,
issues with co-workers, or complaints about your work site or work assignment which do not allege a legal violation.
Neither the employee nor the Company has to submit the items listed under this “Claims Not Subject to Arbitration”
caption to arbitration under this Program and may seek and obtain relief from a court or the appropriate administrative
agency.
REQUIRED NOTICE OF ALL CLAIMS
When seeking arbitration, the claimant must file the Request for Arbitration form and give written notice of any claim to
the other party within one year of the act complained of or within the applicable statute of limitations period, whichever
is longer. Subject to any exceptions under applicable law, the day the act complained of occurred shall be counted for
purposes of determining the applicable period.
Use the Request for Arbitration form when submitting a claim for arbitration. Identify and describe the nature of all
claims asserted and the facts on which your claims are based. Send this written notice by certified or registered mail,
return receipt requested. If the Company wishes to invoke Arbitration, it will also complete a Request for Arbitration
form identifying and describing the nature of all claims asserted and the facts on which the claims are based and send
this written notice to you at the last address recorded in the Company’s payroll records.
ARBITRATION PROCEDURES
You must use the Mediation Step explained in this policy before requesting Arbitration. The agency will administer any
Arbitration under the AAA’s “National Rules for the Resolution of Employment Disputes” and in conformity with this
Dispute Resolution Program. Go to ADR.org to obtain a copy of the rules or request a copy from the Company. The
rules in effect on the date a demand is made shall control.
The arbitration will be before a neutral arbitrator who is licensed to practice law and who has significant experience in
the employment law area. The arbitration shall apply the substantive law and the laws of remedies, if applicable, of the
state in which the claim arose, or federal law or both, depending upon the claims asserted. The decision of the
arbitrator shall be in writing and shall provide the reasons for the award unless the parties agree otherwise.
The arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes and is authorized to hold a pre-hearing
conference by telephone or in person, as the arbitrator deems necessary. The arbitrator shall have the authority to rule
on a motion to dismiss and/or a motion for summary judgment by any party and, in doing so, must apply the standards
governing such motion under the Federal Rules of Civil Procedure.
PRE-HEARING PROCEDURES
You and the Company each have the right to take the deposition of individuals and expert witnesses designated by
another party. Depositions and other pre-trial discovery will be taken in accordance with the order of the arbitrator
selected under the Program, who shall allow adequate discovery. You and the Company have the right to subpoena
witnesses to the Arbitration in accordance with the Federal Rules of Civil Procedure. At least thirty (30) days before the
Arbitration, you and the Company must exchange lists of witnesses, including any experts, and copies of all exhibits to
be used at the Arbitration.
ARBITRATION FEES AND COSTS
There are two types of administrative fees and costs associated with Arbitration; a filing fee with the arbitration agency
selected and payment to the arbitrator for his or her services and expenses. Such fees and other expenses shall be
allocated as follows:
1.
The party requesting Arbitration must pay a $125.00 filing fee to the agency to request Arbitration. If you request
Arbitration the Company will pay the balance of the initial filing fee, and will pay the entire fee if it requests Arbitration.
2.
Either party, at its expense, may arrange for and pay the cost of a court reporter to provide a stenographic
record of the Arbitration proceedings.
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CA-EE-HBK
3.
Each party shall be responsible for its own attorneys’ fees and related litigation expenses, if any; however, if any
party prevails on a statutory claim, which allows the prevailing party to be awarded attorneys’ fees the arbitrator may
award reasonable fees to the prevailing party.
4.
Where permitted by law, the arbitrator may assess attorneys’ fees against a party upon showing by the other
party that the first party’s claim is frivolous or unreasonable or factually groundless.
5.
If either party pursues a legal claim covered by the Dispute Resolution Program in court or by any means other
than Arbitration, the responding party shall be entitled to stay or dismissal of such action, the remand of such action to
Arbitration, and the recovery of all costs and attorneys’ fees and expenses related to such action.
MULTI-STATE BUSINESS
The Company is engaged in transactions involving interstate commerce and your employment involves such
commerce; therefore, the parties agree that the Federal Arbitration Act shall govern the interpretation, enforcement and
proceedings under the Dispute Resolution Program.
PROGRAM PROVISIONS/ENFORCEMENT
The provisions of the Program document are severable and, should any provision be held unenforceable, all others will
remain valid and binding. No provision of the Program document will be held unenforceable if such provision can be
reasonably interpreted in a manner that results in such provision being enforceable. The arbitrators, and not any
federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the
interpretation, arbitrability, applicability, enforceability or formation of the agreement to arbitrate including, but not limited
to, any claim that all or any part of the agreement to arbitrate is void and voidable.
If a court should determine that Arbitration under this Program is not the exclusive, final, and binding method for the
Company and its employees to resolve disputes and/or that the decision and award of the arbitrator is not final and
binding as to some or all of a party’s claim(s), the party must submit the claim(s) to Arbitration and pursue the
Arbitration to conclusion before filing or pursuing any legal, equitable, or other legal proceeding for any eligible claim in
a court of competent jurisdiction.
PROGRAM STEPS
While we encourage you to use all of the steps in the Program in the order outlined, we realize that in some cases it
may not be appropriate to use the preliminary steps. Accordingly, if your claim involves a legal claim that is subject to
Arbitration hereunder, you may proceed directly to Step 3, Mediation, without first using Step 1, Open Door Policy or
Step 2, Executive Review. The Company may skip Steps 1 and 2 if a legal claim is involved.
NOT AN EMPLOYMENT CONTRACT/EXCLUSIVE REMEDY
While this Program constitutes a binding promise between you and the Company to resolve all disputes pursuant to the
process outlined herein, this Program is not and shall not be construed to create any contract of employment,
expressed or implied. Nor does this Program in any way alter the “at will” status of any employment.
This Program will prevent you from filing a lawsuit in Court for individual, class, or collective relief for a legal claim
subject to arbitration.
[2004EDR Systems, LLC/All Rights Reserved/Revised 2011]
Apple American Group (Apple American Group LLC and Apple American Group II LLC) includes the following subsidiaries and affiliates:
Apple Delaware LLC, Apple Indiana I LLC, Apple Indiana II LLC, Apple Indiana III LLC, Apple New Jersey LLC, Apple NorCal LLC,
WineCountry Apple LLC, Apple Ohio LLC, Apple Pennsylvania LLC, B.T. Woodlipp, Inc, Apple Washington LLC, AppleSoCal LLC, Apple
Nevada LLC, Apple Minnesota LLC and Apple New England LLC
- 22 -
CA-EE-HBK
• Changes in the policies or practices of the
involved employer
• Back pay or promotion
• Hiring or reinstatement
• Fines or damages for emotional distress
from each employer or person found to have
violated the law
If the Commission finds that discrimination has occurred, it can order remedies including:
DFEH serves as a neutral fact-finder and attempts to
help the parties voluntarily resolve disputes.
If DFEH finds sufficient evidence to establish that discrimination occurred and settlement efforts fail, the
Department may file a formal accusation. The accusation will lead to either a public hearing before the Fair
Employment and Housing Commission or a lawsuit
filed by DFEH on behalf of the complaining party.
Employees or job applicants who believe that they
have been sexually harassed may file a complaint of
discrimination with DFEH within one year of the
harassment.
Filing a Complaint
• once aware of any harassment, the employer
took immediate and appropriate corrective
action to stop the harassment.
• there was a program to prevent harassment; and
• the employer had no knowledge of the
harassment;
such as a lead, supervisor, manager or agent;
DFEH-185 (11/07)
State of California
Department of Fair Employment & Housing
In accordance with the California Government Code and
ADA requirements, this publication can be made available
in Braille, large print, computer disk, or tape cassette as
a disability-related reasonable accommodation for an
individual with a disability. To discuss how to receive a copy
of this publication in an alternative format, please contact
DFEH at the numbers above.
For more information, contact DFEH toll free at
(800) 884-1684
Sacramento area & out-of-state at (916) 478-7200
TTY number at (800) 700-2320
or visit our Web site at www.dfeh.ca.gov
For more information, see publication DFEH-159
“Guide for Complainants and Respondents.”
Employees can also pursue the matter through
a private lawsuit in civil court after a complaint
has been filed with DFEH and a Right-to-Sue
Notice has been issued.
many forms of offensive behavior.
The definition of sexual harassment includes
• Physical touching or assault, as well as
impeding or blocking movements
• Sexual comments including graphic comments about an individual’s body; sexually degrading words used to describe an
individual; or suggestive or obscene letters,
notes, or invitations
• Making or using derogatory comments,
epithets, slurs, or jokes
• Leering; making sexual gestures; or
displaying sexually suggestive objects,
pictures, cartoons, or posters
• Actual or threatened retaliation
• Offering employment benefits in
exchange for sexual favors
• Unwanted sexual advances
The Fair Employment and Housing Act (FEHA)
defines sexual harassment as harassment
based on sex or of a sexual nature; gender
harassment; and harassment based on pregnancy, childbirth, or related medical conditions.
The definition of sexual harassment includes
many forms of offensive behavior, including
harassment of a person of the same gender
as the harasser. The following is a partial list of
types of sexual harassment:
The Facts About Sexual Harassment
Sexual Harassment
Department of Fair Employment and Housing
CA-EE-HBK
• Take prompt and effective corrective
action if the harassment allegations are
proven. The employer must take appropriate action to stop the harassment and ensure it will not continue. The employer
must also communicate to the com-
• Fully and effectively investigate. The investigation must be thorough, objective, and
complete. Anyone with information regarding the matter should be interviewed.
A determination must be made and the results communicated to the complainant,
to the alleged harasser and, as appropriate,
to all others directly concerned.
• Fully inform the complainant of
his/her rights and any obligations to secure those rights.
• Develop and implement a sexual harassment prevention policy with a procedure
for employees to make complaints and
for the employer to investigate complaints.
Policies should include provisions to:
• Take all reasonable steps to prevent
discrimination and harassment from
occurring. If harassment does occur,
take effective action to stop any further
harassment and to correct any effects
of the harassment.
All employers must take the following actions
against harassment:
Employers’ Obligations
• Employers who do business in California and
employ 50 or more part-time or full-time
employees must provide at least two hours of
sexual harassment training every two years
to each supervisory employee and to all new
supervisory employees within six months of
their assumption of a supervisory position.
• All employees should be made aware of the
seriousness of violations of the sexual harassment
policy and must be cautioned against using peer
pressure to discourage harassment victims
from complaining.
• Distribute an information sheet on sexual
harassment to all employees. An employer may
either distribute this pamphlet (DFEH 185)
or develop an equivalent document that meets
the requirements of Government Code section
12950(b). This pamphlet may be duplicated in
any quantity. However, this pamphlet is
not to be used in place of a sexual harassment
prevention policy, which all employers are
required to have.
• Post the Department of Fair Employment and
Housing (DFEH) employment poster (DFEH
- 162) in the workplace (available through the
DFEH publications line [916] 478-7201 or
Web site).
plainant that action has been taken to stop the
harassment from recurring. Finally, appropriate
steps must be taken to remedy the complainant’s
damages, if any.
the perpetration of acts of hate violence.
• the harasser is not in a position of authority,
An employer might avoid liability if
In addition, if an employer knows or should have
known that a non-employee (e.g. client or customer) has sexually harassed an employee, applicant, or
person providing services for the employer and fails
to take immediate and appropriate corrective action, the employer may be held liable for the actions
of the non-employee.
Additionally, the law requires employers to take
“all reasonable steps to prevent harassment from
occurring.” If an employer has failed to take such
preventive measures, that employer can be held liable for the harassment. A victim may be entitled to
damages, even though no employment opportunity
has been denied and there is no actual loss of pay or
benefits.
All employers, regardless of the number of employees,
are covered by the harassment section of the FEHA.
Employers are generally liable for harassment by
their supervisors or agents. Harassers, including both
supervisory and non-supervisory personnel, may be
held personally liable for harassing an employee or
coworker or for aiding and abetting harassment.
Employer Liability
• A program to eliminate sexual harassment from
the workplace is not only required by law, but is
the most practical way for an employer
to avoid or limit liability if harassment should
occur despite preventive efforts.
California from unlawful discrimination in employment, housing and public accommodations, and from
The mission of the Department of Fair Employment and Housing is to protect the people of
CA-EE-HBK
CA-EE-HBK
CA-EE-HBK
(write to: PO Box 201006, Stockton, CA 95201-9006)
Stockton ................... 528 North Madison Street
(write to: PO Box 700, Santa Rosa, CA 95402-0700)
Santa Rosa ................... 606 Healdsburg Avenue
(write to: PO Box 1529, Santa Barbara, CA 93102-1529)
Santa Barbara ................. 128 East Ortega Street
(write to: PO Box 1466, Santa Ana, CA 92702-1466)
Santa Ana .. 605 West Santa Ana Blvd., Bldg. 28, Rm. 735
(write to: PO Box 637, San Jose, CA 95106-0637)
San Jose ..................... 297 West Hedding Street
(write to: PO Box 193534, San Francisco, CA 94119-3534)
San Francisco ....... 745 Franklin Street, Rm. 300
(write to: PO Box 120831, San Diego, CA 92112-0831)
San Diego.. 9246 Lightwave Avenue, Bldg. A, Ste. 300
(write to: PO Box 781, San Bernardino, CA 92402-0781)
San Bernardino ...................371 West 3rd Street
(write to: PO Box 10402, Van Nuys, CA 91410-0402)
N. Los Angeles... 15400 Sherman Way, Rm. 500
(write to: PO Box 513096, Los Angeles, CA 90051-1096
Los Angeles ......888 S. Figueroa Street, Ste. 200
(write to: PO Box 469, Long Beach, CA 90801-0469)
Long Beach ... 4300 Long Beach Blvd., Ste. 600
(write to: PO Box 32, Fresno, CA 93707-0032)
Fresno ........... 2550 Mariposa Mall, Rm. 1080A
(write to: PO Box 60006, City of Industry, CA 91716-0006)
Chino Hills .. 15315 Fairfield Ranch Road, Ste. 100
(write to: PO Box 8190, Chico, CA 95927-8190)
Chico ..................................... 645 Salem Street
(write to: PO Box 1857, Oakland, CA 94604-1857)
Alameda .....1600 Harbor Bay Parkway, Ste. 120
DI Claim Management Offices
DE 2515 Rev. 59 (1-12) (INTERNET)
Page 1 of 2
EDD is an equal opportunity employer/program.
Auxiliary aids and services are available upon request
to individuals with disabilities. Requests for services,
aids, and/or alternate formats need to be made
by calling DI at 1-800-480-3287 (voice), or TTY
1-800-563-2441, or PFL at 1-877-238-4373 or TTY
1-800-445-1312.
CU
This pamphlet is for general information only,
and does not have the force and effect of the law,
rule or regulation.
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DISABILITY
INSURANCE
PROVISIONS
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Elective Coverage claims are filed in the
same manner as State Plan claims; however,
there are some differences in eligibility
requirements from those listed in this pamphlet.
For additional information or to apply for
coverage, contact EDD DI Customer Service
at 1-800-480-3287 or EDD Employment Tax
Customer Service at 1-888-745-3886.
• Elective Coverage. Employers and self-employed
persons, including general partners, may elect
coverage. However, the method of computing
benefits for elective coverage participants is not
the same as for mandatory rate payers. The cost
of participating, which is set annually, can be
obtained from your local EDD Employment Tax
Customer Service Office.
• Voluntary Plan. This is a private plan, approved
by the Director of EDD, which may be substituted
for the State Plan. Employers and employee
groups may establish voluntary plans if the
majority of employees and the employer agree
to do so. If you are covered by a voluntary plan,
the provisions of this brochure may not apply to
you. Obtain information about your coverage
and file a voluntary plan claim through your
employer.
• State Plan. DI’s state plan is covered in this
brochure.
DI Plans
SDI taxes are paid by those California workers
who are covered by the SDI program. Tax
rates may vary from year to year. For current
rates, contact the Employment Development
Department (EDD) DI Customer Service at
1-800-480-3287 or EDD Employment Tax
Customer Service at 1-888-745-3886.
Disability Insurance (DI) is a component of the
State Disability Insurance (SDI) Program and
is designed to partially replace wages you lost
because of a disability that was not caused by
your work. (See “Other Programs” on reverse for
job-related disabilities.)
Disability is any illness or injury, either physical
or mental, that prevents you from doing your
regular or customary work. Disability also includes
elective surgery, pregnancy, childbirth, or related
medical conditions.
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• The SDI Program is designed to serve you by
mail or online. You do not need to appear in
person to apply for or receive benefits.
How Benefits Are Paid
4. Mail your claim form within 49 days from
the first day you were disabled. If your
claim is late, you may lose benefits unless
your explanation of the delay is accepted as
reasonable.
3. Have your doctor complete the “Physician/
Practitioner’s Certificate.” Usually a claim
cannot begin more than seven days before
you were examined by or under the care of a
certifying physician/practitioner. Certification
may be made by a licensed medical or
osteopathic physician and surgeon, nurse
practitioner, chiropractor, dentist, podiatrist,
optometrist, designated psychologist, or an
authorized medical officer of a United States
Government facility. Certification may also be
made by a licensed nurse-midwife or licensed
midwife for disabilities related to normal
pregnancy or childbirth.
2. Fill out and sign the “Claimant’s Statement.”
Print clearly, and be sure that your answers
are complete and correct because errors may
delay payments.
• California State government employees
covered by SDI should telephone
1-866-352-7675.
• In person by visiting any of the DI offices listed
under “Disability Insurance Office Locations.”
• By mail: EDD, Disability Insurance,
P.O. Box 13140, Sacramento, CA 95813-3140
• By TTY (teletypewriter for deaf, hearingimpaired and speech-impaired persons only):
1-800-563-2441 for DI or 1-800-445-1312
for PFL.
• By Internet: www.edd.ca.gov
• By telephone: 1-800-480-3287
1. Request a claim form:
How to Claim State Plan Benefits
CA-EE-HBK
• January, February, or March, your base
period is the 12 months ending last
September 30. (Example: A claim beginning
February 14, 2011, uses a base period of
October 1, 2009, through September 30,
2010.)
If your claim begins in:
Only the wages in your base period that were
subject to the disability insurance tax can be
used in computing your benefits. To qualify, you
must have earned at least $300 during your base
period. The month in which your claim begins
determines which four consecutive quarters
must be used.
Your benefit amounts are based on wages paid
to you during a specific 12-month base period,
which is determined by the date your claim
begins. Therefore, you should carefully consider
when to start your claim since this may affect
your weekly benefit rate, your maximum benefit
amount, and the period of your benefit eligibility.
How Your Benefit Rate is Determined
Benefits are paid as quickly as possible after all
information to determine eligibility is received.
If you meet all eligibility requirements, benefits
will be authorized. If you are eligible for further
benefits, you will be sent additional benefits
automatically or sent a “continued claim”
certification form for you to complete for the
next benefit period. Usually these benefit periods
will be in two week intervals. However, the DI
program pays benefits based on daily eligibility
within a seven-day calendar week. Partial weeks
are paid at a daily rate. This rate is one-seventh
of your weekly benefit amount. Please allow ten
days from the date you mail a certification for
receipt of your payment.
• The first seven days of your disability claim
are a “non payable” waiting period.
• When your claim is received, you may
be contacted by mail or by telephone for
additional information if needed. Most claims
are processed within 14 days.
DE 2515 Rev. 59 (1-12) (INTERNET)
Page 2 of 2
CU
In addition, benefits are payable only for a limited
period to a resident in an alcoholic recovery home
or drug-free residential facility that is both licensed
and certified by the state in which the facility is
Maximum Benefits. The maximum benefit amount
is 52 times the weekly rate, but not more than your
total base period wages. Exception: For employers
and self-employed individuals who elect SDI
coverage, the maximum benefit amount is 39 times
the weekly rate.
Wage Continuation. If your employer continues
to pay you wages while you are disabled, your DI
benefits may be affected. DI benefits plus wages
cannot exceed your regular weekly wage. Your DI
benefits will not be affected by any vacation pay you
may receive.
If your situation fits any of the above, include a note
with your claim form.
• were in the military service.
• received Workers’ Compensation benefits.
• did not work because of a labor dispute.
In addition, you may be entitled to substitute wages
paid in prior quarters either to make your claim valid
or to increase your benefit amount, if during your
base period you:
Exceptions: If your claim is determined to be invalid,
but you were unemployed and seeking work for 60 days
or more in any quarter of your base period, you may
be able to substitute wages paid in prior quarters.
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Your Rights. You are entitled to:
• Know the reason and basis for any decision that
affects your benefits.
The California Unemployment Insurance
Code provides for penalties consisting of fines,
imprisonment, and loss of benefit rights for fraud
against the DI system.
You May Not be Eligible for Benefits
• If you are receiving Unemployment
Insurance or Paid Family Leave benefits.
• If you are not working or looking for work at the
time you become disabled.
• If you are in custody due to conviction of a
crime.
• If your full wages are paid.
• If you are receiving Workers’ Compensation at a
weekly rate equal to or greater than the DI rate.
If Workers’ Compensation benefits are paid at a
lower rate than your DI rate, you may be paid
the difference.
• For the amount of time a claim is late (without
good cause).
• If you make a false statement or fail to report
a material fact. (A 30 percent penalty may be
assessed if benefits are overpaid because you
willfully withheld a material fact or made a false
statement.)
• If you fail to attend an independent medical
examination when requested. (Fees for such
examinations are paid by EDD.)
NOTE: For information on Paid Family Leave
bonding benefits, see the “Other Programs” section
of this brochure.
Pregnancy. As with any medical condition, your
disability period begins the first day you are unable
to do your regular or customary work. DI benefits
are based on the period of time your physician/
practitioner certifies you are unable to do your regular
or customary work. Do NOT send in your claim for
pregnancy-related disability benefits until the date
your physician/practitioner certifies you are disabled.
located. However, disabilities related to or caused
by acute or chronic alcoholism or drug abuse,
being medically treated, do not have this limitation.
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• April, May, or June, your base period is the
12 months ending last December 31.
(Example: A claim beginning June 20, 2011,
uses a base period of January 1, 2009, through
December 31, 2010.)
• July, August, or September, your base period is
the 12 months ending last March 31.
(Example: A claim beginning September 27, 2011,
uses a base period of April 1, 2010, through
March 31, 2011.)
• October, November, or December, your base
period is the 12 months ending last June 30.
(Example: A claim beginning November 2, 2011,
uses a base period of July 1, 2010, through
June 30, 2011.)
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IF YOU ARE INJURED ON THE JOB or become
ill as a result of your occupation, notify your
employer.
Other Programs
Contact DI
• By telephone: 1-800-480-3287 (English) or
1-866-658-8846 (Spanish).
• By U.S. mail: addressed to the office handling
your claim and on the Internet at http://
www.edd.ca.gov/Disability/Contact_SDI.
htm#bylocation. If you do not have a current
claim, you may write to any DI Claim
Management Office.
• By TTY (teletypewriter for deaf, hearing-impaired,
and speech-impaired persons only):
1-800-563-2441.
• By Internet:
http://www.edd.ca.gov/About_EDD/Contact_EDD.htm
• In person by visiting any of the DI offices listed
under “Disability Insurance Office Locations.”
Your Obligations. You are responsible to:
• Complete your claim and other forms correctly,
completely, and truthfully.
• Mail your claim and other forms in the time
limits shown on the forms. If you are late and you
believe you have a good reason for being late,
you should include a written explanation of the
reason(s) with the form.
• Contact DI if you do not understand a question
or how to answer it.
• Include your name and Social Security number
on all letters to DI.
• Appeal any decision about your eligibility for
benefits. (Appeals must be sent to the DI office
in writing.)
• A hearing of your appeal before an Administrative
Law Judge (ALJ). You may further appeal the
ALJ’s decision to the California Unemployment
Insurance Appeals Board and the courts.
• Privacy. Information about your claim will be
kept confidential except for the purposes allowed
by law.
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QUESTIONS ABOUT CHILD SUPPORT
obligations should be directed to the
Department of Child Support Services at
1-866-249-0773.
QUESTIONS ABOUT SPOUSAL OR PARENTAL
SUPPORT obligations should be directed to
the District Attorney’s Office for the county that
issued the court order.
IF YOU ARE A VICTIM OF A CRIME, call the
California Victims Compensation Program at
1-800-777-9229. TTY users may contact the
Program via TTY at 1-800-735-2929 (English) or
TTY at 1-800-855-3000 (Spanish). You may also
contact your county Victim/Witness Assistance
Center.
NOTE: A Paid Family Leave bonding claim form
will be sent automatically with the final benefit
payment to new mothers receiving DI benefits.
IF YOU TAKE TIME OFF FROM WORK TO
BOND WITH A NEW CHILD, including newly
adopted or newly placed foster children or those
of your registered domestic partner, contact
EDD’s Paid Family Leave program at
1-877-238-4373 or TTY 1-800-445-1312.
IF A FAMILY MEMBER TAKES TIME OFF FROM
WORK TO CARE FOR YOU, contact EDD’s Paid
Family Leave program at 1-877-238-4373.
IF YOUR DISABILITY IS PERMANENT or is
expected to continue for a year or more, contact
the U.S. Social Security Administration at
1-800-772-1213 (TTY 1-800-325-0778) or on
the Internet at: www.ssa.gov
IF YOU NEED HELP IN FINDING WORK, JOB
TRAINING, RETRAINING, or other services in
order to return to work, visit your local onestop career center listed in the white pages of
your telephone directory and on the Internet at:
www.servicelocator.org
IF YOU ARE ABLE AND AVAILABLE TO WORK
but unemployed, contact the Unemployment
Insurance Program of EDD at 1-800-300-5616
(TTY 1-800-815-9387).
CA-EE-HBK