The Upper Cumberland Human Resource Agency
Transcription
The Upper Cumberland Human Resource Agency
Upper Cumberland Human Resource Agency Delivering Hope 580 South Jefferson Avenue, Suite B Cookeville, TN 38501 Phone: (931) 528-1127 Upper Cumberland Human Resource Agency Employee & Policy Handbook Table of Contents 1.0 INTRODUCTION ............................................................................................... 5 1.1 Welcome ......................................................................................................................................... 5 1.2 History and Mission......................................................................................................................... 6 1.3 Changes in Policy ............................................................................................................................. 6 2.0 EMPLOYMENT POLICIES .................................................................................. 6 2.1 At-Will Employment ........................................................................................................................ 6 2.2 Conflicts of Interest ......................................................................................................................... 6 2.3 Outside Employment....................................................................................................................... 7 2.4 Introductory Period ......................................................................................................................... 8 3.0 COMMUNICATION OPPORTUNITIES ................................................................. 9 3.1 4.0 Open Door Policy............................................................................................................................. 9 FAIR TREATMENT ............................................................................................. 9 4.1 Equal Employment Opportunity ..................................................................................................... 9 4.2 Americans with Disabilities Act (ADA)........................................................................................... 10 4.3 Workplace Violence ...................................................................................................................... 11 4.4 Sexual Harassment ........................................................................................................................ 12 4.5 Drug Free Workplace .................................................................................................................... 13 4.6 Agency Policy on Alcohol/Drug Use .............................................................................................. 13 4.7 Alcohol/Drug Testing..................................................................................................................... 15 4.8 Religious Accommodation............................................................................................................. 15 4.9 Grievance Procedure ..................................................................................................................... 16 4.10 Audit Committee ........................................................................................................................... 17 5.0 GENERAL OPERATING POLICIES AND STANDARDS OF CONDUCT................... 17 5.1 Parking........................................................................................................................................... 17 5.2 Courtesy Titles ............................................................................................................................... 17 5.3 Sign Out Log .................................................................................................................................. 17 5.4 Housekeeping................................................................................................................................ 17 5.5 Employment Applications ............................................................................................................. 18 5.6 Recruitment and Selection of Personnel ...................................................................................... 18 5.7 Security Inspections ...................................................................................................................... 18 5.8 Personnel Records and Change of Status ..................................................................................... 19 C: Documents/Handbook/2015 Rev. 09/10//2015 Page 2 of 49 Upper Cumberland Human Resource Agency Employee & Policy Handbook 5.9 Employment Verification Requests ............................................................................................... 19 5.10 Visitors In The Workplace.............................................................................................................. 19 5.11 News Media & Social Media Policy ............................................................................................... 19 5.12 Public Information Policy .............................................................................................................. 21 5.13 Gifts and Gratuities-Acceptance Prohibited.................................................................................. 22 5.14 Inclement Weather ....................................................................................................................... 22 5.15 Political Activity ............................................................................................................................. 23 5.16 Work Rules .................................................................................................................................... 23 5.17 Smoking ......................................................................................................................................... 25 5.18 Copy and Fax Machine .................................................................................................................. 26 5.19 Use of Agency Vehicle / Fuel Card................................................................................................. 26 5.20 Progressive Discipline Procedure .................................................................................................. 26 5.21 Work Schedules ............................................................................................................................. 27 5.22 Classification of Employees ........................................................................................................... 28 5.23 Attendance and Punctuality .......................................................................................................... 28 5.24 Job Bid Policy ................................................................................................................................. 29 5.25 Promotions .................................................................................................................................... 30 5.26 Employment and Supervision of UCHRA Personnel ...................................................................... 30 5.27 Employment of Relatives............................................................................................................... 31 5.28 Dress and Grooming Code............................................................................................................. 31 5.29 Use of Company Equipment .......................................................................................................... 34 5.29.1 Credit Card Policy ....................................................................................................................... 34 5.29.2 Telephone Calls and Messages ................................................................................................. 35 5.29.3 Cell Phones ................................................................................................................................ 35 5.29.4 Information Technology Usage ................................................................................................. 36 5.30 Layoff and Recall Policy.................................................................................................................. 37 5.31 Resignation .................................................................................................................................... 38 5.32 Termination of Employment ......................................................................................................... 38 5.33 Return of Agency Property ............................................................................................................ 38 6.0 COMPENSATION POLICIES ............................................................................ 38 6.1 Meal and Break Periods ................................................................................................................ 38 6.2 Salary and Wages – Pay Plan and Classification............................................................................ 39 6.3 Exempt and Non-Exempt/Overtime/Compensatory Time ........................................................... 40 C: Documents/Handbook/2015 Rev. 09/10//2015 Page 3 of 49 Upper Cumberland Human Resource Agency Employee & Policy Handbook 6.4 Pay Day and Pay Checks ................................................................................................................ 40 6.5 Longevity Pay ................................................................................................................................ 40 6.6 Travel and Expense Reimbursement............................................................................................. 40 6.7 Jury and Witness Duty................................................................................................................... 40 6.8 Bereavement Leave....................................................................................................................... 41 6.9 Timesheets and Wage Payments .................................................................................................. 41 6.10 Homework ..................................................................................................................................... 41 6.11 Attendance to Seminars/Conferences .......................................................................................... 41 7.0 TIME OFF/BENEFITS ...................................................................................... 42 7.1 Holidays with Pay .......................................................................................................................... 42 7.2 Vacations (Annual Leave) .............................................................................................................. 42 7.3 Sick Leave ........................................................................................................................................ 44 7.4 Leave of Absence without Pay ...................................................................................................... 44 7.5 Family Medical Leave (FMLA) ....................................................................................................... 45 7.6 Medical Leave Extension (After Family Medical Leave) ................................................................ 46 7.7 Time Off During Work Day ............................................................................................................ 47 7.8 Military Leave ................................................................................................................................ 47 7.9 Benefit Plans.................................................................................................................................. 48 7.10 Em plo y ee and Dependent Insurance ......................................................................................... 48 7.11 Retirement Benefits ...................................................................................................................... 49 7.12 Disability Insurance ...................................................................................................................... 50 7.13 401K Retirement Plan with Mass Mutual (formerly Hartford) .................................................... 50 7.14 State of Tennessee Retirement Plan – Tennessee Consolidated Retirement System (TCRS) ...... 50 7.15 Life Insurance ............................................................................................................................... 50 7.16 Social Security............................................................................................................................... 50 7.17 Worker’s Compensation Insurance .............................................................................................. 50 7.18 Unemployment Insurance............................................................................................................ 51 7.19 Cancer Insurance .......................................................................................................................... 51 7.20 Prepaid Legal Services .................................................................................................................. 51 7.21 Credit Union Membership ............................................................................................................ 51 8.0 CONCLUSION ................................................................................................. 51 C: Documents/Handbook/2015 Rev. 09/10//2015 Page 4 of 49 Upper Cumberland Human Resource Agency Employee & Policy Handbook 1.0 INTRODUCTION This document has been developed in order to familiarize employees with the Upper Cumberland Human Resource Agency and provide information about working conditions, key policies, procedures, and benefits affecting their employment at UCHRA. 1.1 Welcome Welcome to the staff of the Upper Cumberland Human Resource Agency (UCHRA). We hope you find your job pleasant, challenging, and satisfying. We realize that reporting to a new job can be a stressful experience, particularly if you have never worked in an Agency such as ours. However, we take pride in our Agency and we all work hard to foster and maintain a good communication and working relationship among our employees and communities. Our intention at UCHRA is to give the taxpayers of the fourteen counties we serve more than their full measure for every tax dollar we spend. You are now an essential part of that effort and you may be the only contact a person has with the Agency. Therefore, it is extremely important that you familiarize yourself with the Agency and its operation, and that you always serve our constituency willingly, knowledgeably, conscientiously, and cheerfully. You should become familiar with the information contained in this book. If questions come to mind that are not addressed in this handbook, see your supervisor. If they do not have an immediate answer to your particular question, they will get the answer for you. Again, please read this booklet carefully and keep it for future reference. If changes are necessary or revisions made, you will be given revised copies for inclusion in your personal copy. Contact your supervisor if you should lose your copy. Welcome to UCHRA! Sincerely, Luke Collins Executive Director C: Documents/Handbook/2015 Rev. 09/10//2015 Page 5 of 49 Upper Cumberland Human Resource Agency Employee & Policy Handbook 1.2 History and Mission The Upper Cumberland Human Resource Agency was established in 1973, through enabling legislation of the Tennessee legislation, to be the delivery system for human services in the 14 counties of the Upper Cumberland by providing a wide range of programs to improve the quality of life for residents in the region. These programs illustrate the services delivered by our Agency through contracts with various federal, state and local sources. Easily accessible to the community through local county offices, services range from child care food to transportation and elderly nutrition, among many others. 1.3 Changes in Policy This employee handbook contains general statements concerning policies, procedures and benefits of the Agency. It does not, nor is it intended to, cover all circumstances which may arise. If you have any questions about a particular policy, procedure, benefit or situation, you should consult your supervisor or Human Resources. The purpose of this Employee Handbook is to provide you with uniform and equitable guidance and procedural instruction and to help you fully understand the terms and conditions of your employment. Any changes to our policies are made with the approval of the UCHRA Policy Council and Board of Directors. Personnel policies are reviewed at least once during the fiscal year. This booklet is not the final word in all cases. Circumstances may dictate individual attention, and the policies and procedures set out here may be modified or omitted in particular situations. 2.0 EMPLOYMENT POLICIES 2.1 At-Will Employment While the Agency expects to follow the policies and procedures contained in this handbook, this handbook is not a contract and does not create any contractual obligations or enforceable promises, express or implied, of any kind. The Agency and employees agree that all employees are employees-at-will, with no definite term of employment, and that both the Agency and employees have the right to terminate employment at any time. No Agency official or employee is authorized to make any promises to the contrary or offer employment for a specific length of time, unless in writing and signed by the Executive Director. 2.2 Conflicts of Interest Employees and members of the board have an obligation to conduct business within guidelines that prohibit actual or potential conflicts of interest. This policy establishes only the framework within which the UCHRA wishes the business to operate. The purpose of these guidelines are to provide general direction so that employees can seek further clarification on issues related to the subject of acceptable standards of operation. An actual or potential conflict of interest occurs when an employee or board member is in a position to influence a decision that may result in a personal gain for that employee, board member, or for a relative as a result of UCHRA's business dealings. For the purposes of this policy, a relative is any person who related by blood or marriage, or whose relationship with the employee or board member is similar to that of persons who are related by blood or marriage. No "presumption of guilt" is created by the mere existence of a relationship with outside firms. C: Documents/Handbook/2015 Rev. 09/10//2015 Page 6 of 49 Upper Cumberland Human Resource Agency Employee & Policy Handbook However, if an employee or board member has any influence on transactions involving purchases, contracts, or leases, it is imperative that he or she disclose this information as soon as possible the existence of any actual or potential conflict of interest so that safeguards can be established to protect all parties. Personal gain may result not only in cases where an employee, board member, or relative has a significant ownership in a firm with which the UCHRA does business but also when an employee, board member or relative receives any kickback, bribe, substantial gift, or special consideration as a result of any transaction or business dealings involving the UCHRA. (Review separate document titled “Code of Ethics Policy” on file in the Human Resource Department and on the agency website for a more detailed expectation of employees & board members conduct is association with UCHRA.) 2.3 Outside Employment Staff members may be employed in other jobs, subject to the following conditions: • Outside employment must not interfere with the work schedule and proper performance of the employee's position with the Agency. • Outside employment must not constitute, nor give the appearance of, any conflict of interest with Agency programs. • An employee who engages in any activity for pay, in any field, directly related to Agency work must have prior written approval from the Executive Director. • Full-time employees must have prior approval from the Executive Director to accept any other paid employment on a regular basis which is performed during the employee’s regular work week. Weekend work and occasional work on days off, even if during the week, do not require approval. • Work performed by an Agency employee for any other Agency employee, or their immediate relatives, must be voluntarily done and performed only outside of the normal work week. (i.e., it must be done after working hours or weekends) Time, including annual leave time, may not be taken off during the normal work week to perform work for other Agency employees or their immediate relatives. Annual leave may be taken during the normal work week to perform work for persons other than Agency employees or their immediate relatives. • No employee shall utilize UCHRA office space, supplies, vehicles or equipment in connection with outside employment or business. Regardless of the nature of any outside employment, the requirements of employment with the Agency must take precedence over other jobs. These requirements include, but are not limited to: • • • attendance at Agency work as scheduled, being available for overtime work or work outside of normal hours if the Agency job requires it; and being well-rested and physically fit so Agency work can be done properly and efficiently. C: Documents/Handbook/2015 Rev. 09/10//2015 Page 7 of 49 Upper Cumberland Human Resource Agency Employee & Policy Handbook 2.4 Introductory Period The introductory period is intended to give new employees the opportunity to demonstrate their ability to achieve a satisfactory level of performance and to determine whether the new position meets their expectations. UCHRA uses this period to evaluate employee capabilities, work habits, and overall performance. Either the employee or UCHRA may end the at-will employment relationship at any time during or after the introductory period, with or without cause or advance notice. Upon satisfactory completion of the initial introductory period, employees enter the "regular" employment classification. Regular employment is defined as an employee who has successfully completed the introductory period and is believed to meet the minimum standards of employment with UCHRA. This in no way infers that an employee with regular employment status has a contract or guarantee of permanent employment. All UCHRA employees are “At Will” employees. During the initial introductory period, new employees are eligible for those benefits that are required by law, such as workers' compensation insurance and social security. They may also be eligible for other UCHRA provided benefits, subject to the terms and conditions of each benefit program. Employees should read the information for each specific benefit program for the details on eligibility requirements. Employment status is not changed during the secondary introductory period that results from a promotion or transfer within the UCHRA. Upon the successful completion of the introductory period, the starting date for purposes of “length of service” will be the first day of employment with the Agency. The Agency's progressive discipline policy does not apply to introductory period employees and there is no legal appeal of termination during this period or post period. All new and rehired employees work on an introductory basis for the 180 calendar days after their date of hire. Employees who are promoted or transferred within UCHRA must complete a second trial period of 90 calendar days with each reassignment to a new position. Any significant absence will automatically extend an introductory or trial period by the length of the absence. If UCHRA determines that the designated introductory or trial period does not allow sufficient time to thoroughly evaluate the employee's performance, an extension for a specified period, may be granted. In cases of promotions or transfers within UCHRA, an employee who, in the sole judgment of management, is not successful in the new position can be removed from that position at any time during the trial period. If this occurs, the process will be as follows: Trial Period After a 90 calendar day trial period, employees will be considered assigned to the new job classification. In the event an employee’s performance is unsatisfactory during the trial period, the following procedure will apply in sequential order, 1-4. 1. Return to former job, if vacant. 2. Assigned to comparable job, if available and qualified. 3. Assigned to a lower job, if available and qualified. 4. If no job is available, the employee will be placed on permanent layoff. C: Documents/Handbook/2015 Rev. 09/10//2015 Page 8 of 49 Upper Cumberland Human Resource Agency Employee & Policy Handbook 3.0 COMMUNICATION OPPORTUNITIES 3.1 Open Door Policy Our Agency is committed to maintaining a productive open-door policy. Normally, an employee will be expected to use the grievance procedure to resolve a problem, however, an employee may meet first with the County Coordinator, Department Director, Human Resource Director or Executive Director to discuss a problem or complaint of a personal nature. As a courtesy, we do ask that if you should have an issue, that you follow the chain of command by allowing your immediate supervisor an opportunity to correct the situation first. If the situation is not corrected or if the issue is directly related to your immediate supervisor, you shall proceed to the next level of management until either your issue is resolved or final determination is made by the senior authority, the Board of Directors. In order for our open door policy to be an effective means of communication, it must have the support of all levels of management. There will be no retaliation against an employee for using the open door procedure. 4.0 FAIR TREATMENT 4.1 Equal Employment Opportunity It is the policy of UCHRA to be fair and impartial in all its relations with its employees and applicants for employment without regard to race, color, religion, age, gender, or national origin. The Agency employs and advances in employment qualified disabled persons, whose disability does not preclude, with a reasonable accommodation, the satisfactory performance of the essential elements of the job. Employment decisions will be based on the principle of Equal Employment Opportunity. If you believe this policy has been violated in any way, you are to report the matter to the Agency’s Equal Opportunity Officer or the Executive Director. Equal Employment Opportunity Policy Purpose To state the commitment of the system to Equal Employment Opportunity. Policy 1. The UCHRA Agency is an Equal Opportunity employer. No person is unlawfully excluded from consideration for employment because of race, color, religious creed, national origin, ancestry, sex, age, veteran’s status, marital status of physical challenges. 2. This policy applies not only to recruitment and hiring practices, but also includes affirmative action in the area of placement, promotion, transfer rate of pay and termination. 3. Executive, management and supervising levels have the responsibility to further the implementation of this policy and insure conformance by subordinates. 4. Any UCHRA Agency employee who engages in discrimination will be subject to suspension or termination. C: Documents/Handbook/2015 Rev. 09/10//2015 Page 9 of 49 Upper Cumberland Human Resource Agency Employee & Policy Handbook 5. Any supervising or managerial employee who knows of such behavior and fails to take immediate and appropriate corrective action will also be subject to disciplinary action. 6. Any individual who is the target of discrimination is encouraged to discuss the matter with Department Directors. 7. The Directors will discuss the matter with the Human Resource Director and EEO Officer in an effort to dissolve the problem. 8. If the matter cannot be resolved, the Department Director, EEO, and/or the Human Resource Director will discuss the matter with the Executive Director in an effort to dissolve the problem. 9. Any individual who feels such a discussion would be or has been futile, unsatisfactory or counter-productive should contact the EEO Department. 10. The EEO will investigate the claim. 11. The accused individual may be suspended pending the outcome of the investigation. 12. Retaliation against claimant will not be tolerated. The Upper Cumberland Human Resource Agency is proud to be an Equal Opportunity Employer. We are committed to providing Equal Employment Opportunities to you and all persons without regard to race, creed, color, religion, national origin, sex, marital status, citizenship status, age, veteran’s status or disability. Furthermore, we will not tolerate any form of discrimination or harassment of our employees by co-workers, supervision, customers, or vendors. This commitment extends to our policies on recruiting, advertising, hiring, placement, promotion, training, transfer, wages, benefits, termination and all other privileges, terms and conditions of employment. Last Revision of EEO Policy: December 17, 2013 4.2 Americans with Disabilities Act (ADA) The Americans with Disabilities Act (ADA) requires employers to reasonably accommodate qualified individuals with disabilities. It is the policy of the Agency to comply with all federal and state laws concerning the employment of persons with disabilities. The Agency does not discriminate against qualified individuals with disabilities in regard to application procedures, hiring, advancement, discharge, compensation, training, or other terms, conditions, and privileges of employment. UCHRA shall reasonably accommodate qualified individuals with a temporary or long-term disability so that they can perform the essential functions of a job. An individual who can be reasonably accommodated for a job, without undue hardship, will be given the same consideration for that position as any other applicant. All employees are required to comply with safety standards. Applicants who pose a direct threat to the health or safety of other individuals in the workplace will be placed on appropriate leave until an organization decision has been made in regard to the C: Documents/Handbook/2015 Rev. 09/10//2015 Page 10 of 49 Upper Cumberland Human Resource Agency Employee & Policy Handbook employee’s immediate employment situation. The Human Resource Director is responsible for implementing this policy, including resolution of reasonable accommodation, safety, and undue hardship issues. 4.3 Workplace Violence The Agency strives to provide a safe workplace for all employees. In an effort to ensure a safe workplace and to reduce the risk of violence, all employees should review and understand all provisions of this workplace violence policy. Any type of workplace violence committed by or against another employee is strictly prohibited and will not be tolerated. Employees are prohibited from making threats or engaging in violent activities. The following lists of behaviors, while not inclusive, provide examples of conduct that is prohibited. Behaviors that cause physical injury to another person, making threatening remarks, aggressive, hostile or intimidating behavior that creates a reasonable fear of injury to another person or subjects another individual to emotional distress. Other examples include intentionally damaging employer property or property of another employee, possession of a weapon while on Agency property or while on Agency business, and committing acts motivated by or related to sexual harassment or domestic violence. Reporting Procedures Any potentially dangerous situations must be reported immediately to a Supervisor or the Human Resource Director. Reports can be made anonymously and all reported incidents will be investigated. Reports or incidents warranting confidentiality will be handled appropriately and information will be disclosed to others only on a need-to-know basis. All parties involved in a situation will be counseled and the results of investigations will be discussed with them. The Agency will actively intervene at any indication of a possibly hostile or violent situation. Risk Reduction Measures Hiring: The Human Resource Department takes reasonable measures to conduct background investigations to review candidate’s background and reduce the risk of hiring individuals with a history of violent behavior. Safety: The Agency conducts annual inspections of the premises to evaluate and determine any vulnerability to workplace hazards. Any necessary corrective action will be taken to reduce all risks. Individual Situations: While we do not expect employees to be skilled at identifying potentially dangerous persons, employees are expected to exercise good judgment and to inform the Human Resources Director or immediate supervisor if any employee exhibits behavior that could be a sign of a potentially dangerous situation. Such behavior includes: Discussing weapons or bringing them to the workplace, displaying overt signs of extreme stress, resentment, hostility, anger, making threatening remarks, sudden or significant deterioration of performance, or displaying irrational or inappropriate behavior. Dangerous/Emergency Situations: Employees who confront or encounter an armed or dangerous person should not attempt to challenge or disarm the individual. Employees should remain calm, make constant eye contact and talk to the individual. If a supervisor can be safely notified of the need for assistance without endangering the safety of the employee or others, such notice should be given. Otherwise, cooperate and follow the instructions given. C: Documents/Handbook/2015 Rev. 09/10//2015 Page 11 of 49 Upper Cumberland Human Resource Agency Employee & Policy Handbook Enforcement Threats, threatening conduct, or any other acts of aggression or violence in the workplace will not be tolerated. Any employee determined to have committed such acts will be subject to disciplinary action, up to and including termination. Non-employees engaged in violent acts on the employer’s premises will be reported to the proper authorities and fully prosecuted. No employee is permitted to have any type of weapon on Agency property or while conducting Agency business. 4.4 Sexual Harassment It is the policy of UCHRA to provide a working environment free of sexual harassment. Any manner or form of sexual harassment is expressly prohibited and will not be tolerated. Allegations of sexual harassment will be promptly and thoroughly investigated, and if warranted, appropriate disciplinary action taken. Any employee wishing to report, in good faith, an incident of sexual harassment may do so verbally or in writing, without fear of reprisal. Also, any employee assisting in the investigation of a complaint will not be adversely affected in the terms and conditions of his/her employment. Definition As defined by federal and state regulators, sexual harassment consists of unwelcome sexual advances, requests for sexual favors, or other physical or verbal conduct of a sexual nature by others in the workplace. Sexual harassment can come from managers, supervisors, coworkers, and non-employees. Men as well as women can be victims of sexual harassment. Sexual harassment exists when: 1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; 2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or 3. Such conduct has the purpose of effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment. Prohibited acts of sexual harassment can take a variety of forms, ranging from subtle pressure for sexual activity, to physical assault. Men, as well as women, can be victims of sexual harassment, and the harasser and victim can be of the same sex. Examples of sexual harassment include, but are not limited to: 1. Threats or intimidation of sexual relations or sexual conduct which is not freely or mutually agreeable to both parties. 2. Continual or repeated verbal abuses of a sexual nature including graphic commentaries about the person’s body; sexually suggestive objects or pictures placed in the work area that may embarrass or offend the person, or propositions of a sexual nature. 3. Threats or insinuations that the person’s employment, wages, promotional opportunities, job or shift assignments, or other conditions of employment may be adversely affected by not submitting to sexual advances. C: Documents/Handbook/2015 Rev. 09/10//2015 Page 12 of 49 Upper Cumberland Human Resource Agency Employee & Policy Handbook 4. Jokes about gender, specific traits or sexual propositions, suggestive or insulting noises, leering, whistling or obscene gestures, and touching, pinching, or brushing the body, coercing sexual intercourse or assault. Conduct occurring off-duty and/or outside of the workplace or involving non-employees with whom employees must interact in the performance of their job duties may still constitute a violation of this policy. All employees must take steps to prevent harassment in the workplace. Any employee who believes he/she or others have experienced sexual harassment has the right to present their complaint without fear of reprisal. He/she should immediately notify his/her Supervisor, Department Director or directly to the Human Resource Director. All investigations will be conducted in a prompt and professional manner and will be kept confidential to the extent consistent with a thorough investigation. The intent of all investigations will be to ensure protection for victims and witnesses against retaliation. There will be no retaliation against anyone who, in good faith, complains of or opposes harassment or participates in any investigation. Employees who believe that they have been retaliated against should immediately notify his/her Supervisor, Department Director or Human Resource Director. After a thorough investigation, any employee found to have sexually harassed or retaliated against another employee in violation of this policy will be subject to appropriate disciplinary action, up to and including termination. 4.5 Drug Free Workplace In accordance with the Federal Drug Free Workplace Act of 1988, the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is strictly prohibited on any Agency premises or while engaged in work for the Agency. Violation of this policy will result in mandatory rehabilitation or immediate discharge. It is the policy of this Agency to maintain a drug-free workplace. The use of illegal drugs or controlled substances may result in death to the drug user as a result of using the drug. Drug use in the workplace may also cause accidents resulting in death or injury to the employee or his coworkers, damage to property, adverse public relations for the Agency and a general impairment of the efficiency of the Agency in serving its clients. Drug counseling, rehabilitation and employee assistance programs may be available to Agency employees. As a condition of continued employment with the Agency, each employee must acknowledge receipt of this policy, abide by the terms of this policy and notify the Agency of any criminal drug statute conviction for a violation occurring within the workplace no later than five (5) days after such conviction. The Agency, as part of this policy will notify the federal Agency from which it receives grants of any criminal drug statute conviction for a violation occurring in the workplace. This notification will be made within ten (10) days of the Agency becoming aware of same. The Agency will impose appropriate disciplinary action on any employee convicted of any criminal drug statute for a violation occurring in the workplace. Such disciplinary action will be taken within thirty (30) days after the Agency receives notice of the conviction. The Agency may, at its sole discretion, require the employee to satisfactorily participate in a drug abuse assistance or rehabilitation program as part of the disciplinary action imposed, and as a condition of continued employment and make a good faith effort to continue to maintain a drug free workplace through the implementation of this policy. C: Documents/Handbook/2015 Rev. 09/10//2015 Page 13 of 49 Upper Cumberland Human Resource Agency Employee & Policy Handbook 4.6 Agency Policy on Alcohol/Drug Use Drugs and alcohol in the workplace are a danger to us all. They impair safety, health, promote crime, lower productivity and quality, and undermine public confidence in the work we do. The Agency has a significant interest in ensuring the health and safety, continued good performance, and attendance of its employees In furtherance of this goal, the Agency has established the following rules and regulations regarding the manufacturing, distribution, use, sale, or possession of alcohol, illegal drugs, or controlled substances. The Agency will be confidential and supportive of any employee who has a desire to correct any related problem. The obligations set forth in these rules and regulations constitute conditions of employment. 1. The manufacture, distribution, use, sale, or possession of alcohol, illegal drugs or controlled substances on Agency premises may constitute grounds for immediate dismissal. 2. The illegal manufacture, distribution, use, sale, or possession of illegal drugs or controlled substances off duty or off Agency premises may constitute grounds for immediate dismissal. 3. If an employee reports to work under the influence of alcohol or drugs, including psychoactive drugs such as Oxycodone and Hydrocodone, he/she will not be allowed to work, and will be sent home, and notified of disciplinary action up to and including discharge. 4. Any employee convicted of violating a criminal drug statute in this workplace must inform the Agency of such conviction (including pleas of guilty and nolo contendere) within five (5) days of the conviction occurring. Failure to inform the Agency subjects the employee to disciplinary action, up to and including termination for the first offense. By law, the Agency will notify the federal contracting officer within 10 days of receiving such notice from an employee or otherwise receiving notice of such a conviction. The Agency reserves the right to offer employees convicted of violating a criminal drug statute in the workplace participation in an approved rehabilitation or drug abuse assistance program as an alternative to discipline. 5. The Agency has discretion to terminate the employee or assist the employee who has violated the above rules in recovering from drug/alcohol dependency. In this regard, the Agency may suggest an Employee Assistance Program (EAP) to which an employee who has violated the above rules may be referred for counseling and treatment if such a program is offered, and accepted by the employee then the employee must satisfactorily participate in the program as a condition of continued employment. 6. The Agency is under no obligation to refer an employee who has violated the above rules to an EAP. Instead, the Agency has discretion to determine whether such a referral is appropriate under the circumstances. 7. The employee acknowledges that enrollment in an EAP is for the purpose of curing a drug/alcohol dependency or for counseling an employee against the illegal use, sale, or possession of illegal drugs or controlled substances. In this C: Documents/Handbook/2015 Rev. 09/10//2015 Page 14 of 49 Upper Cumberland Human Resource Agency Employee & Policy Handbook regard, any illegal use, sale, or possession of illegal drugs or controlled substances following treatment or counseling through an EAP will result in immediate dismissal. The employee thus acknowledges the EAP is a "lastchance" program. 8. 4.7 The legal use of drugs prescribed by a licensed physician may be permitted. The use of prescription medications bearing a cautionary label against driving or operating heavy machinery poses a special obligation for employees engaged in those activities. Employees whose jobs include driving Agency or private vehicles, lift trucks or work around moving machinery must report the use of these medications to their supervisor prior to working while these medications are present in the bloodstream. A work determination will then be made. Alcohol/Drug Testing In furtherance of its policy to provide for the health and safety of its employees and to ensure the health and safety of others, the Agency has established the following procedure for the testing of alcohol/drug use among its employees. The Agency has the right to require blood and/or urine samples in any of the following situations: 1. Any current employee who is involved in any accident that indicates the possible illegal use of drugs or controlled substances may be required to submit blood and/or urine samples for testing at the discretion of the Agency. 4.8 2. Upon reasonable cause the Agency has the right to require any employee to submit blood and/or urine samples for testing. The rules and regulations of this policy constitute conditions of employment. Therefore, refusal to submit to alcohol/drug testing as provided for herein (including execution of the forms necessary for such testing) constitutes a material breach of the conditions of employment, and are grounds for immediate dismissal. 3. Pre-employment non-Tennessee Department of Transportation policy; use of Agency vehicle or personal vehicle while on-the-job; completion of a criminal background, driving history and drug test; entering client’s premises; completion of a criminal background and driving history. 4. Employees - Should the criminal background and driving history indicate an offense, continued employment will be based upon the offense and there may be a ten (10) year moratorium to rehire if terminated. Religious Accommodation Upper Cumberland Human Resource Agency respects the religious beliefs and practices of all employees and will make, upon request, an accommodation for such observances when a reasonable accommodation is available that does not create an undue hardship on the Agency’s business. An employee whose religious beliefs or practices conflicts with his/her job, work schedule, or with the Agency’s policy or practice on dress and appearance, or with other aspects of employment and who seeks a religious accommodation must submit a written request for the accommodation to his/her immediate supervisor. The written request will include the type of religious conflict that exists and the employee’s suggested accommodation. C: Documents/Handbook/2015 Rev. 09/10//2015 Page 15 of 49 Upper Cumberland Human Resource Agency Employee & Policy Handbook The immediate supervisor will evaluate the request considering whether a work conflict exists due to a sincerely held religious belief or practice and whether an accommodation is available which is reasonable and which would not create an undue hardship on the Agency’s business. An accommodation may be a change in job, using paid leave or leave without pay, allowing an exception to the dress code which does not impact safety or uniform requirements, or for other aspects of employment. Depending on the type of conflict and suggested accommodation, the supervisor may confer with his/her supervisor and with the Human Resource Director. The supervisor and employee will meet to discuss the request and decision on an accommodation. If the employee accepts the proposed religious accommodation, the immediate supervisor will implement the decision. If the employee rejects the proposed accommodation, he/she may appeal following the Agency’s general grievance policy and procedure. 4.9 Grievance Procedure Definition of Grievance A grievance is defined as a written statement to the Executive Director by an employee who describes a specific unresolved action or situation or currently existing condition, which the employee believes to be in violation of these Personnel Policies, other Agency policies and/or procedures or laws and regulations governing Agency operation and management.” The grievance must specifically state the action or remedy desired or requested by the aggrieved. Resolution Through Informal Discussion and Counseling An employee is first expected to consult formally or informally, orally or in writing, with his or her immediate Supervisor, County Coordinator, Program Director and/or the Human Resource Director, regarding any action, condition, occurrence, or attitude, either expressed or implied, which the employee believes may provide grounds for a grievance. This consultation should take place immediately when the employee first becomes aware of the incident or situation. If the problem can be resolved at this time, no formal action or grievance is required. It is a specific requirement that the matter must first be brought to the attention of the Agency prior to filing a grievance. This requirement ensures that the Agency has an opportunity to correct the situation prior to the employee’s filing a formal grievance. Filing A Grievance If the employee has reported or discussed the matter with his or her Supervisor, County Coordinator, Program Director and/or the Human Resource Director, and a satisfactory agreement for resolution cannot be reached on an informal basis, the employee may file a written grievance to the Executive Director. A grievance must be in writing, addressed to the Executive Director, and must concern a previously reported situation unresolved at the time of the grievance. It must contain a specific request for action or remedy. A grievance must be filed within one (1) month after the employee first becomes aware of the incident or situation. A grievance will be considered untimely and may be rejected if filed later than the times described above. A new employee who is working within the probationary employment period is not entitled to file a grievance concerning any personnel action. The Executive Director may, at their option, accept a late or untimely grievance in an unusual situation, or if timeliness is clearly beyond control of the employee filing the grievance. C: Documents/Handbook/2015 Rev. 09/10//2015 Page 16 of 49 Upper Cumberland Human Resource Agency Employee & Policy Handbook Executive Director’s Action The Executive Director will have fifteen (15) working days to answer the grievance. Within that time, the grievance will be investigated to make a determination, and prepare a written response to the employee. The 15 day response period may be extended by the Executive Director if necessary to conduct a thorough investigation. All documents concerning the grievance may be placed in the employee’s personnel file, at the option of the Executive Director. At any stage in the Agency’s grievance process the employee may voluntarily withdraw the grievance by written request. Appeal to the Personnel and Grievance Committee If the action or response of the Executive Director does not satisfy the aggrieved, he may make a final appeal in writing to the Chairman of the Personnel and Grievance Committee for a hearing. The decision of the Personnel and Grievance Committee will be final. All documents concerning the grievance may be placed in the employee’s personnel file, at the option of the Executive Director. At any stage in the Agency’s grievance process the employee may voluntarily withdraw the grievance by written request. 4.10 Audit Committee An Audit Committee, comprised of UCHRA board members after receiving approval of the full board at the Annual Meeting, will select the accounting firm to perform the annual audit of UCHRA. During the auditing process, the Audit Committee will meet with the auditors as needed with no UCHRA staff present so as to alleviate questions of intrusion on the part of UCHRA. 5.0 GENERAL OPERATING POLICIES AND STANDARDS OF CONDUCT 5.1 Parking The Agency provides parking spaces for employees, business visitors, and senior staff. We suggest that you lock your car and keep valuables out of sight. The Agency is not responsible for theft or damage to employee automobiles or property in the parking lot. 5.2 Courtesy Titles Staff persons shall use courtesy titles (Mr., Mrs., Miss) to address clients without regard to race, color, or national origin in both oral and written communications. 5.3 Sign Out Log All employees leaving the office during normal work hours shall sign in and out on the log form located at the reception desk and indicate their exact destination. This practice allows the telephone receptionist to inform callers of expected return times and allows contact in event of an emergency. 5.4 Housekeeping We at UCHRA are proud of our offices. Clients, guests and elected officials tour our facilities and form an opinion of the Agency and its employees based on their appearance. A clean C: Documents/Handbook/2015 Rev. 09/10//2015 Page 17 of 49 Upper Cumberland Human Resource Agency Employee & Policy Handbook environment is also a safer place to work. Housekeeping is a part of every employee's job description, and each of us is responsible for keeping his work area clean, neat and orderly. 5.5 Employment Applications UCHRA relies upon the accuracy of information contained in the employment application, as well as the accuracy of other data presented throughout the hiring process and employment. Any misrepresentations, falsifications or material omissions in any of this information or data may result in the Agency excluding the individual from further consideration for employment or if the person has been hired, termination of employment. 5.6 Recruitment and Selection of Personnel Residence: The area of recruitment may be necessarily expanded to secure a representative number of qualified applicants. Education: The attainment of a high level of education may be important to performance in certain positions. However, formal education qualifications, unless required by state or local law, may not be made a requirement for employment or advancement if the applicant has the ability to perform the duties with competence and integrity. Prior work experience may be substituted for formal education in some cases. 5.7 Security Inspections The Agency wishes to maintain a work environment that is free of illegal drugs, alcohol, explosives or other improper materials. To this end, the Agency prohibits the control, possession, transfer, sale or use of such materials on its premises or other Agency property. The Agency requires the cooperation of all employees in administering this policy. Desks, lockers and other storage areas may be provided for the convenience of employees but remain the sole property of the employer. Accordingly they, as well as any articles found within them, can be inspected by any agent or representative of the employer at any time either with or without prior notice. In the event that an employee is a legal gun permit holder, you may legally transport and store your firearm or firearm ammunition in your privately- owned motor vehicle while parked on agency property under the following conditions: (Unless otherwise prohibited by state or federal law.) • Both the firearm and ammunition are required to be kept from ordinary observation and locked within the trunk, glove box, or interior of the person’s motor vehicle or a container securely affixed to such vehicle if the permit holder is not in the vehicle. • At no time, should you carry any firearm into an agency building, transport or store in any agency vehicle, or be in possession of your firearm while on agency business. • If using your personal vehicle for agency business, the policy for your vehicle would be the same as with an agency vehicle, which means that you should not be in possession of a fire arm in this circumstance. • A copy of your gun carry permit must be kept in your personnel file. The Agency likewise wishes to discourage theft or unauthorized possession of employees' personal property, as well as that of visitors, customers and the Agency. To facilitate this policy, the Agency or its representative may inspect packages, lunch or tool boxes, purses and the like upon entering and/or leaving the premises. Any employee who wishes to avoid inspection of any articles or materials should not bring such items onto Agency premises. C: Documents/Handbook/2015 Rev. 09/10//2015 Page 18 of 49 Upper Cumberland Human Resource Agency Employee & Policy Handbook 5.8 Personnel Records and Change of Status The Agency will maintain an official personnel file for each employee. Medical records will be maintained separately from the employee personnel file. An employee may review the contents of his personnel file at any reasonable time, and may submit written challenges to items the employee believes to be incorrect. Personnel file documents are the property of the Agency and may not be copied except for use by Agency management. It is the responsibility of each employee to promptly notify the Human Resource department of any changes in personal data, such as mailing address, telephone number, marital status, number and names of dependents, name of person to contact in an emergency, and educational accomplishments, etc. 5.9 Employment Verification Requests All requests for employment verifications should be forwarded to Human Resources. Written requests from reputable inquirers will be quickly answered and copies of written employee verifications will be placed in the employee personnel file. The only information regarding an employee that will be answered over the telephone is a verification of present or previous employment. 5.10 Visitors In The Workplace To provide safety and security for employees and the facilities at the UCHRA, only authorized visitors are allowed in the workplace. Restricting unauthorized visitors helps maintain safety standards, protects against theft, ensures security of equipment, protects confidential information, safeguards employee welfare, and avoids potential distractions and disturbances. All visitors should enter and sign in and out at the reception area. Authorized visitors will be provided with a Visitor Badge and either receive directions or be escorted to their destination. Employees are responsible for the conduct and safety of their visitors. If an unauthorized individual is observed on Agency property, employees should immediately notify their Supervisor or, if necessary, direct the individual to the reception area. 5.11 News Media & Social Media Policy At Upper Cumberland Human Resource Agency (UCHRA), we understand that social media can be a fun and rewarding way to share your life and opinions with family, friends and co-workers around the world. However, use of social media also presents certain risks and carries with it certain responsibilities. To assist you in making responsible decisions about your use of social media, we have established these guidelines for appropriate use of social media. This policy applies to all employees who work for UCHRA. Managers and supervisors should use the supplemental Social Media Management Guidelines for additional guidance in administering the policy. Guidelines In the rapidly expanding world of electronic communication, social media can mean many things. Social media includes all means of communicating or posting information or content of any sort on the Internet, including to your own or someone else’s web log or blog, journal or diary, personal C: Documents/Handbook/2015 Rev. 09/10//2015 Page 19 of 49 Upper Cumberland Human Resource Agency Employee & Policy Handbook web site, social networking or affinity web site, web bulletin board or a chat room, whether or not associated or affiliated with UCHRA, as well as any other form of electronic communication. The same principles and guidelines found in UCHRA policies and these basic beliefs apply to your activities online. Ultimately, you are solely responsible for what you post online. Before creating online content, consider some of the risks and rewards that are involved. Keep in mind that any of your conduct that adversely affects your job performance, the performance of fellow associates or otherwise adversely affects members, clients, suppliers, people who work on behalf of UCHRA or UCHRA’s legitimate business interests may result in disciplinary action up to and including termination. Know and follow the rules Carefully read these guidelines, the UCHRA Statement of Ethics Policy, the UCHRA Employee Handbook Policy and the Discrimination & Harassment Prevention Policy, and ensure your postings are consistent with these policies. Inappropriate postings that may include discriminatory remarks, harassment, and threats of violence or similar inappropriate or unlawful conduct will not be tolerated and may subject you to disciplinary action up to and including termination. Be respectful Always be fair and courteous to fellow associates, clients, members, suppliers or people who work on behalf of UCHRA. Also, keep in mind that you are more likely to resolved work related complaints by speaking directly with your co-workers or by utilizing our Open Door Policy than by posting complaints to a social media outlet. Nevertheless, if you decide to post complaints or criticism, avoid using statements, photographs, video or audio that reasonably could be viewed as malicious, obscene, threatening or intimidating, that disparage clients, associates or suppliers, or that might constitute harassment or bullying. Examples of such conduct might include offensive posts meant to intentionally harm someone’s reputation or posts that could contribute to a hostile work environment on the basis of race, sex, disability, religion or any other status protected by law or company policy. Be honest and accurate Make sure you are always honest and accurate when posting information or news, and if you make a mistake, correct it quickly. Be open about any previous posts you have altered. Remember that the Internet archives almost everything; therefore, even deleted postings can be searched. Never post any information or rumors that you know to be false about UCHRA, fellow associates, clients, suppliers, or people working on behalf of UCHRA or competitors. Post only appropriate and respectful content Maintain the confidentiality of UCHRA’s private or confidential information. Do not post internal reports, policies, procedures or other internal business-related confidential communications. Do not create a link from your blog, website or other social networking site to a UCHRA website without identifying yourself as a UCHRA associate. Express only your personal opinions . Never represent yourself as a spokesperson for UCHRA. If UCHRA is a subject of the content you are creating, be clear and open about the fact that you are an associate and make it clear that your views do not represent those of UCHRA, fellow associates, clients, suppliers or people working on behalf of UCHRA. If you do publish a blog or post online related to the work you do or subjects associated with UCHRA, make it clear that you are not speaking on behalf of UCHRA, It is best to include a disclaimer such as “The postings on this site are my own and do not necessarily reflect the views of UCHRA”. C: Documents/Handbook/2015 Rev. 09/10//2015 Page 20 of 49 Upper Cumberland Human Resource Agency Employee & Policy Handbook Using social media at work Refrain from using social media while on work time or on equipment we provide, unless it is workrelated as authorized by your manager or consistent with the Agency Equipment Policy. Do not use UCHRA email addresses to register on social networks, blogs or other online tools utilized for personal use. Retaliation is prohibited UCHRA prohibits taking negative action against any associate for reporting a possible deviation from this policy or for cooperating in an investigation. Any associate who retaliates against another associate for reporting a possible deviation from this policy or for cooperating in an investigation will be subject to disciplinary action, up to and including termination. Request for information about the Agency from the news media must be directed to the Human Resource Director. No person, employee or non-employee, shall be permitted to make a video or audio recording (other than routine dictation and telephone voicemail) on Agency property or inside any Agency office exempt by prior arrangement with the Executive Director. The foregoing shall not apply to a non-employee or off duty employee attending a meeting which is subject to the Tennessee Open Meetings Act. 5.12 Public Information Policy In accordance with T.C.A. Section 10-7-505, records of a governmental entity are to be open to citizen for inspection and/or copying. However, these courts have also acknowledged the ability of the records custodians to adopt reasonable rules, governing the manner in which records request are to be made and fulfilled. In an effort to comply with these requests, the following process and fee schedule will be as follows: Process: Requestor must complete an Inspection/Duplication of Records Request form and provide the requested materials in order to complete such requests. Delivery of copies of records to a requestor is anticipated to be by hand delivery when the requestor returns to the custodian’s office to retrieve the requested records. If the requestor chooses not to return to the records custodian’s office to retrieve the copies, the records custodian may deliver the copies through means of the United States Postal Service and the cost incurred in delivering the copies may be assessed in addition to any other permitted charge. It is within the discretion of the records custodian to deliver copies of records through other means, including electronically, and to assess the costs related to such delivery. Fee Schedule: Records custodian may assess a charge of $ .15 per page for each standard 8 ½ x 11 or 8 ½ x 14 black and white copy produced. A records custodian may assess a requestor a charge for a duplex copy that is the equivalent of the charge for two (2) separate copies. If a public record is maintained in color, the records custodian shall advise the requestor that the record can be produced in color if the requestor is willing to pay a charge higher than that of a black and white copy. If the requestor then requests a color copy, a records custodian may assess a charge of $ .50 per page for each 8 ½ x 11 or 8 ½ x 14 color copy produced. C: Documents/Handbook/2015 Rev. 09/10//2015 Page 21 of 49 Upper Cumberland Human Resource Agency Employee & Policy Handbook If a records custodian’s actual costs are higher than those reflected above or if the requested records are being produced on a medium other than 8 ½ x 11 or 8 ½ by 14 paper, the records custodian may develop its own charges. The records custodian must establish a schedule of charges documenting ‘actual cost’ and state the calculation and reasoning for its charges in a properly adopted policy. If a records custodian utilizes an outside vendor to produce copies of requested records because the custodian is legitimately unable to produce the copies in his/her office, the cost assessed by the vendor to the governmental entity may be recovered from the requestor. If a charge is assessed by the records custodian to retrieve requested records from archives or any other entity having possession of requested records, the records custodian may assess the requestor the cost assessed to the governmental entity for retrieval of the records. Labor Charges: A records custodian is permitted to charge the hourly wage of the employee(s) reasonably necessary to produce the requested records above the labor threshold**. The hourly wage is based upon the base salary of the employee(s) and does not include benefits. If an employee is not paid on an hourly basis, the hourly wage shall be determined by dividing the employee’s annual salary by the required hours to be worked per year. In calculating the charge for labor*, a records custodian shall determine the number of hours each employee spent producing a request. The records custodian shall then subtract the one (1) hour threshold from the number of hours the highest paid employee(s) spent producing the request. The records custodian will then multiply the total number of hours to be charged for the labor of each employee by that employee’s hourly wage. Finally, the records custodian will add together the totals for all the employees involved in the request and that will be the total amount of labor that can be charged. * Labor threshold is defined as the labor of the employee(s) reasonably necessary to produce requested material for the first hour incurred by the records custodian in producing the material. ** Labor is defined as the time reasonably necessary to produce the requested records and include the time spent locating, retrieving, reviewing, redacting, and reproducing the records. 5.13 Gifts and Gratuities-Acceptance Prohibited Employees of the Agency, and of its subcontract agencies, are prohibited from accepting gifts, money, and gratuities from persons receiving benefits or services of the agency or those performing services under contract or otherwise in a position to benefit from an employee action. 5.14 Inclement Weather When hazardous traveling conditions exist due to snow, sleet, ice, flood, etc., to such extent employees cannot get to their official work sites, they may charge the time off to any accumulated annual leave or to any accumulated compensatory time. C: Documents/Handbook/2015 Rev. 09/10//2015 Page 22 of 49 Upper Cumberland Human Resource Agency Employee & Policy Handbook 5.15 Political Activity Everyone is entitled to his personal political opinion and encouraged to exercise his personal right to vote. However, the Agency itself and its employees, while on duty, must remain free from partisanship. Accordingly, the following regulations must be observed: 1. An employee may not solicit or accept political contributions or campaign expenses from any person or organization who has received contracts, compensation, employment, loans, grants or benefits financed by public funds. 2. An employee shall not solicit or accept any political contribution from another employee if the solicitor is in a supervisory capacity over the contributing employee or is otherwise able to control the terms of the employee's employment. 3. No employee shall promise employment, work, compensation, contracts or other benefits provided principally from public funds as a consideration, favor, or reward for political activity; or threaten to deprive one of employment, work, compensation, contracts or other benefits provided principally from public funds as a result of any political activity. 4. No employee shall display or permit campaign literature, banners, stickers, signs, etc., to be displayed on Agency buildings, equipment or vehicles. 5. Agency buildings or facilities shall not be used for meetings in support of any particular political candidate unless equal access is provided to all sides. 6. Employees may not engage in political activity on behalf of any party, candidate or measure during the time the employee is on duty working for the Agency. 7. Employees seeking political office must have the written approval of the Executive Director prior to becoming candidates. 5.16 Work Rules Standards of Conduct Employees are expected to observe "common sense" rules; honesty, positive conduct, concern for the job, safe work practices and good behavior in their relations with each other. Disciplinary action may vary from a verbal warning to termination of employment depending on the nature and circumstances of the violation and the employee’s prior disciplinary record. Action shall be in accordance with all federal, state and local laws. Violations of Agency rules are subject to progressive discipline. The following list is a guide, although not all inclusive, are examples of misconduct. Some are considered more serious offenses than others, but depending on the severity of the issues, discipline up to and including termination of employment may be imposed. 1. Failure or refusal to use required safety equipment. 2. Possession of dangerous explosives, ammunition or dangerous explosives on agency property, or possession of firearm and/or ammunition in any agency building or vehicle being operated in the course of agency business. C: Documents/Handbook/2015 Rev. 09/10//2015 Page 23 of 49 Upper Cumberland Human Resource Agency Employee & Policy Handbook 3. Intimidation, coercion, threatening or attempting bodily injury to another employee, fighting on Agency property or off Agency property if related to the participant’s employment with the Agency. 4. Insubordination, direct or indirect, including refusal to follow instructions of management. 5. Falsification of Agency records or reports. 6. Walking off the job or leaving the facility without notifying the supervisor or lead person. 7. Failure to report to work for two consecutive days without personally calling in and speaking with his/her supervisor unless physically unable to use the telephone. 8. Participation in or involvement (other than as a victim) with a serious crime, on or off duty, without regard to whether or not the employee’s conduct results in a criminal conviction. 9. Deliberately falsifying another employee’s time sheet or travel claim, falsifying one’s own time card or travel claim in order to obtain payment for time not worked or expenses not incurred, or repeated failure to turn in a time sheet. 10. Engaging in horseplay or disorderly conduct on Agency property. 11. Sleeping on the job or gross inattention to duties. 12. Negligence or carelessness. 13. Violation of Agency safety rules. 14. Distribution of any kind of non-work materials or literature in working areas. 15. Deliberate or grossly negligent conduct that endangers the safety of the employee, another person, or Agency property. 16. Gambling, other than approved internal sports pools, on Agency property. 17. Smoking on Agency property except in designated areas. 18. Unsatisfactory job performance including failure to meet required performance standards. 19. Use of excessively profane, abusive or inflammatory language toward another employee. 20. Sexual harassment. 21. Tampering with, posting or removing notices from bulletin boards contrary to Agency policy. 22. Unsuitability for employment due to excessive unauthorized absenteeism or tardiness regardless of reason. 23. Theft, misuse, destruction, damage, defacement or deliberate abuse of Agency C: Documents/Handbook/2015 Rev. 09/10//2015 Page 24 of 49 Upper Cumberland Human Resource Agency Employee & Policy Handbook property, materials, supplies or equipment, or the property of a fellow employee. 24. Deliberately restricting work efficiency, soliciting or encouraging co-workers to do so. 25. Excessive talking to other employees which supervision determines adversely affects work efficiency. 26. Disclosing to anyone the confidential matters of the Agency or a client. 27. Removal or attempted removal of Agency property from the premises without written permission. 28. Refusal to use work saving devices or improved techniques. 29. Falsification of employment application or misrepresentation of fact in obtaining employment. 30. Outrageous or indecent conduct on Agency premises while on duty, or elsewhere if the conduct causes negative publicity for the Agency. 31. Failure to follow established procedures in the performance of assigned work. 32. Failure to report a suspected work related injury within 8 hours, or to cooperate in the investigation. Leaving the work area during working time without the supervisor’s authorization, or loitering in other departments. 33. 34. Illegal use, sale or possession of narcotics, drugs or controlled substances by employees whether on or off duty or on or off Agency premises. 35. Failure to make known to employee’s supervisor the use of controlled substances prescribed to that employee by a licensed physician which may affect behavior, safety or job performance. 36. Consumption or possession of alcohol on Agency property and during business operations, or working under the influence. 37. Refusal to submit a blood or urine sample in accordance with the Agency’s drug testing policy and upon reasonable cause. 38. Excessive garnishments. 39. Working unauthorized hours. 5.17 Smoking Use of tobacco products will be restricted to designated outdoor areas, must be a minimum twenty-five (25) feet distance from an entrance or window and not in sight of the office main entrance. This policy applies to all properties, Agency vehicles and offices under the Upper Cumberland Resource Agency domain. There is no smoking in Agency vehicles. C: Documents/Handbook/2015 Rev. 09/10//2015 Page 25 of 49 Upper Cumberland Human Resource Agency Employee & Policy Handbook 5.18 Copy and Fax Machine A limited amount of personal use of Agency copy and fax machines is permitted upon payment of the Agency’s actual cost. Payment is made to the receptionist at time of use. 5.19 Use of Agency Vehicle / Fuel Card Agency vehicles are assigned to specific Agency employees as specified in job descriptions or for employees as deemed necessary for job requirements. Agency vehicles are to be used for Agency business, travel to and from home, and reasonable daily use as deemed appropriate by Program Directors. Mileage logs shall be submitted to Program Directors at the end of each month for review. Directors will review mileage logs to ensure reasonable and appropriate use and to eliminate abuse if found. Use of illegal drugs, controlled substances, tobacco products, and/or alcohol is prohibited while operating or occupying an Agency vehicle. Upon reasonable cause, drug testing will be requested. Inappropriate use or abuse of Agency vehicles will result in disciplinary action, up to and including termination of employment. Executive personnel, as specified by the Executive Director, will be exempt from maintaining daily mileage logs (refer to Policy #4, Department of General Services, Division of Motor Vehicle Management Authority TCA 4-3-1105(10) February 1, 2005). Vehicle cleanliness is a priority and shall be reviewed by appropriate staff. Each employee who is assigned an Agency vehicle will be issued a fuel card. This card is to be used for the purchase of fuel strictly for the designated Agency vehicle. Copies of the fuel invoice will be furnished to each Program Director for review. Directors will evaluate fuel purchases and mileage logs to ensure proper use of fuel cards. Inappropriate use or abuse of the fuel card will result in disciplinary action. 5.20 Progressive Discipline Procedure Disciplinary action may be required in certain situations. The normal disciplinary progression is as follows: Written Verbal Warning - A verbal warning placed in your personnel file and remains active for six (6) months from issue date. Written Warning - The infraction is serious enough that it warrants a written warning placed in your personnel file and remains active one (1) year from issue date. Final Written Warning and/or Suspension without Pay – A final written warning notifies the employee that any additional infraction may result in termination. A suspension is usually from one to three days depending on the seriousness of the infraction or a probation may be incurred or extended. The final written warning remains active one (1) year from issue date. Termination - This is the most serious disciplinary action taken. Corrective Action Form – Maybe used at any point in conjuction with or as a stand alone documentation of employee discipline. This form’s purpose is to document cause of problem, action taken by management and expectations of future performance of employee. C: Documents/Handbook/2015 Rev. 09/10//2015 Page 26 of 49 Upper Cumberland Human Resource Agency Employee & Policy Handbook As part of progressive discipline, documented verbal warnings are active for six months while written and final written warnings are active for twelve months from the date of issuance provided no further warnings have been issued during that period. When an employee is given a verbal warning, as a matter of discipline, this warning will be placed in the employee's personnel file. The approval of the Executive Director and Human Resource Director must be obtained prior to terminating the employment of any employee. The Agency reserves the right to impose the level of discipline it believes is appropriate considering the facts and circumstances. Any warnings issued for Sexual Harassment or Workplace Violence will remain active in an employee’s personnel file indefinitely. All discipline forms will remain in the employees file indefinitely unless written approval from the Executive Director is provided to the Human Resource Director to remove the disciplinary form(s). 5.21 Work Schedules The Executive Director will establish and may change office hours and working times for all employees, taking into account client needs, requirements of grantor agencies, and the hours of other state and local agencies. The normal work schedule for all employees is 7.5 hours a day, 5 consecutive days a week. However, immediate Supervisors will set specific starting and stopping times based on staffing needs and operational demands necessitated by work schedules, meal periods and the total hours scheduled per day and per week. Non-exempt employees are not permitted or authorized to work overtime beyond the normal quitting times or prior to the normal starting times without prior authorization from their immediate Supervisor. It is UCHRA’s policy to permit flexible working hours for staff, as long as working hours are scheduled in advance with the approval of Supervisors, and meet the needs of the Agency, its grantors, and its clients. UCHRA employees are expected to be in attendance at work at the scheduled times unless prior approval for leave has been granted. In the event of an unexpected illness or emergency, an employee is expected to contact his/her supervisor as soon as possible, ordinarily one (1) hour before the beginning of the scheduled work period. An employee who is absent from scheduled work without proper approval may be placed on leave without pay, at the option of the Executive Director, regardless of other paid leave accruals which may have been available for approved leave. Unauthorized absence from work is considered employee misconduct, and may provide grounds for dismissal. Excessive unauthorized absenteeism, regardless of reason, will cause the employee’s attendance record to be reviewed to determine his/her suitability for continued employment with the Agency. Hours Scheduled Per Week (Full-Time and Part-Time) The number of working hours scheduled per week for any employee is determined by the availability of funds and the need for work. The regular working schedule for most full-time UCHRA employees is 37.5 hours per week, 7.5 hours per day Monday through Friday and in certain positions 8.0 hours per day 40 hours per week. Employees who are regularly scheduled to work less than 37.5 or 40.0 hours per week are considered part-time employees, and do not receive benefits. C: Documents/Handbook/2015 Rev. 09/10//2015 Page 27 of 49 Upper Cumberland Human Resource Agency Employee & Policy Handbook 5.22 Classification of Employees Regular Employee A regular employee is one who is in full-time job capacity and has completed the introductory period. Regular employees may also be classified a regular full-time or regular part-time. • Regular Full-Time Employee A full-time employee is a permanent or probationary employee who regularly works a full 7.5-hour day, 37.5-hour week (salaried); or full 8.0-hour day or 40.0-hour week (some hourly) and whose employment is not time limited. • Regular Part-Time Employee A regular part-time employee is any employee who works less than a full 7.5 hour day or 37.5 hour week; or less than a full 8.0 hour or 40.0 hour week; on a regularly scheduled basis, but whose employment is not time limited. Regular part-time employees are eligible for pro-rated holidays and vacations, but not other benefits. Introductory Employee An employee is one who has not completed their introductory period of 180 calendar days. Temporary Employee A temporary full-time or part-time employee is one who is hired for a specified job or time limit. Temporary employees are not eligible for participation in fringe benefit programs. Substitute, Casual or On-Call Employee Substitute, casual or on-call employees are those who are called in to work only as needed and are not eligible for participation in fringe benefit programs. 5.23 Attendance and Punctuality To maintain a safe and productive work environment, UCHRA expects each employee to be dependable and punctual in reporting for scheduled work. Absenteeism and tardiness place a burden on other employees and are disruptive to the Agency in general. Whenever it is necessary for an employee to be absent from work, the employee should personally telephone their Supervisor as soon as possible to permit the Supervisor to make arrangements to cover the employee. A family member or co-worker may not "send word" for an employee unless he/she is physically unable to use the telephone. An employee who learns that he/she will be late (Omitted) should also contact their Supervisor immediately. Excessive absenteeism or tardiness, for reasons other than those covered by the Family and Medical Leave policy, may result in an employee's record being reviewed to determine suitability for continued employment. While notification to the Supervisor and submission of doctors' statements may not serve to excuse an absence, they will be considered in any such review. UCHRA employees are expected to be in attendance, at work, and at the scheduled times. In the event of an unexpected illness or emergency, an employee is expected to personally contact his Supervisor as noted above. In the event of tardiness, the employee shall report the reason to C: Documents/Handbook/2015 Rev. 09/10//2015 Page 28 of 49 Upper Cumberland Human Resource Agency Employee & Policy Handbook their Program Director, who may at their discretion, dismiss the tardiness request for the employee to take leave, record the employee as AWOL, and/or make appropriate entries in the employee's personnel file. Unexplained, unreasonable, and excessive tardiness shall be cause for disciplinary action. Group tardiness or absenteeism due to inclement weather or other unforeseen circumstance may be excused by the Executive Director. 5.24 Job Bid Policy It is the Agency’s policy to fill job openings by promotion from within the Agency if there are qualified candidates among our employees. All promotions and transfers will be made in accordance with federal, state, and local laws concerning Equal Employment Opportunities and with full regard to the Agency’s affirmative action objectives. If necessary, the Executive Director reserves the right to assign employees permanently to better meet the goals and objectives of the Agency’s operations. Such actions will not be considered as part of the Job Posting Policy. Procedure All job postings will be directed through the Human Resource department. Vacant full-time positions will be emailed to Central Office employees, forwarded to the UCHRA offices and advertised through the career centers and media as necessary. The Agency will in most cases consider qualified internal candidates for promotions and transfers to open positions before external candidates are considered for employment. Employees will be notified of job openings and given the opportunity to apply for these jobs through the Job Bid Procedure. Openings Job openings will exist when additional employees are required, replacements are needed, or new jobs are created. Human Resources will post the actual opening once approved by the Program Director. Job openings will not be posted for temporary positions, entry-level positions or part-time positions. Job Postings Job openings, other than those listed above, will be posted by email at the Central Office, and forwarded to all UCHRA offices for three (3) business days. All supervisors are to post or inform any and all employees of job postings who do not have access to work email. Application Procedure A completed and signed Internal Job Posting Interest Form must be submitted to the Human Resource department on or before the date and time stated on the posting. 1. It is the employee’s responsibility to learn of and apply for a posted job opening during an absence. 2. Once submitted, the employee may withdraw a job opening application form by contacting the Human Resource department. C: Documents/Handbook/2015 Rev. 09/10//2015 Page 29 of 49 Upper Cumberland Human Resource Agency Employee & Policy Handbook Application Eligibility Limitations Employees with written or final written disciplinary actions will not be eligible for a period of one (1) year from the date of the infraction. Trial Period After a 60 day trial period, employees will be considered assigned to the new job classification. In the event an employee’s performance is unsatisfactory during the trial period, the following procedure will apply in sequential order, numbers 1-4. 1. Return to former job, if vacant. 2. Assigned to comparable job, if available and qualified. 3. Assigned to a lower job, if available and qualified. 4. If no job is available, the employee will be placed on permanent layoff. 5.25 Promotions The Agency values the experience and skill associated with seniority and longevity with the Agency. The Agency follows, as far as possible, a policy of promotion from within and seeks to select the best qualified individual to fill each position. In order to be considered for promotion, employees must have demonstrated sustained acceptable performance on the present job, discipline, attendance and ability to perform specific job requirements of the new position. When there are no other major differences between candidates, length of service shall determine employee placement. If there are no suitable candidates found internally, external candidates may considered. The Agency may transfer employees as necessary to meet Agency needs. 5.26 Employment and Supervision of UCHRA Personnel The Executive Director shall be hired in accordance with the UCHRA By-laws. All members of the UCHRA staff will be responsible to the Executive Director, who is responsible to the Board of Directors for the administration of the Agency. The Executive Director will organize the staff to accomplish the work of the Agency, and designate Supervisors for the various programs and functions of the Agency. The Executive Director shall take action to rectify any situation where a personal relationship adversely affects workplace efficiency or morale. Such action may include transfer to another position or termination of employment. If a personal relationship results in a charge of sexual harassment, the Agency will generally not be receptive to the defense that the relationship is, or was, consensual. The policy applies to supervisory personnel as well as any Agency employee that adversely affects the workplace routine. C: Documents/Handbook/2015 Rev. 09/10//2015 Page 30 of 49 Upper Cumberland Human Resource Agency Employee & Policy Handbook 5.27 Employment of Relatives The following rules shall be observed with respect to persons whose employment is supported by funds administered by the Agency: 1. No full-time person shall become employed by the Agency, at any location (other than Lakeside which, a husband & wife team maybe hired at the discretion of the Executive Director), while his/her immediate family member as described below is a current employee or serves on a current board or committee with the Agency. Husband Father Mother Son Daughter Brother Sister Wife Father-in-law Mother-in-law Son-in-law Daughter-in-law Brother-in-law Sister-in-law Any step relationships Grandchild(ren) 2. No person shall become employed in a job which a member of his/her immediate family exercises supervisory authority, either directly or indirectly. 3. Exception: Due to the concern of recruiting qualified individuals in communities with a small employment pool it may be necessary to void requirements 5.27 numbers 1 and 2. In order to void the requirements of 1 and 2 the county hiring must have an unemployment rate of 7% or less, no other qualified candidates applied for position, and position must have been advertised through all available media resources in hiring county and surrounding counties for two consecutive weeks and documented. If all these conditions are met the Executive Director can then authorize the hiring of the individual in a temporary status until approval or denial by the board of directors and the next regularly scheduled meeting. The Agency shall take action to rectify any situation where a personal relationship adversely affects workplace efficiency or morale. This provision will not prohibit the continued employment of an existing Agency employee, whose employment predates the election of a family member to elected office, who by virtue of such election becomes a member of the Agency Board, or otherwise serves on the Executive Committee or Policy Council. Exception: If both parties are currently employed and a relationship between the two results in a marriage, the employees shall be deemed to be grandfathered in under Sub-section I 5.28 Dress and Grooming Code Dress, grooming and personal cleanliness standards contribute to the morale of all UCHRA employees and affect the business image we present to the community and visitors to our C: Documents/Handbook/2015 Rev. 09/10//2015 Page 31 of 49 Upper Cumberland Human Resource Agency Employee & Policy Handbook facilities. All employees are to wear clothes that are in good taste and appropriate for a work setting. Specific dress codes are as follows: OFFICE STAFF Women Business casual clothing that is neat, appropriate fitting and free from wrinkles and stains. 1. 2. 3. 4. 5. 6. 7. 8. Dress pants, khakis, crop pants or corduroys with coordinating top. (sweater, vest, blouse, jacket, etc.) Crop/capri pants are to be approximately 6” above the ankle. Blouses must be worn in good taste with no see-through or low cut tops, front or back. Dresses/skirts are to be no shorter than 3” above the knee. Shoes should be color coordinated and suitable for business wear. Dress flats, dress sandals and slides are allowed. Tennis shoes are not allowed, except for Casual Friday. No visible body piercings, with the exception of the lower ear lobe are allowed. No excessive jewelry. No visible tattoos. Hair and makeup should be neat, clean and well maintained. Men Business casual clothing that is neat, appropriate fitting and free from wrinkles and stains. 1. Dress pants, khakis, or corduroys with coordinating top. (sweater, vest, jacket, etc.) 2. 3. Dress shirt with coordinating tie. Shoes should be color coordinated and suitable for business wear. Dress shoes are allowed. Tennis shoes are not allowed, except for Casual Friday. 4. 5. 6. 7. No visible body piercings. No excessive jewelry. No visible tattoos. Hair, to include facial hair, should be neat, clean and well maintained. FIELD STAFF Women Business casual clothing that is neat, appropriate fitting and free from wrinkles and stains. 1. 2. 3. 4. 5. 6. Pants* with appropriate coordinating top, if uniforms are not required. Blouses must be worn in good taste with no see-through or low cut tops, front or back. No t-shirts, sweatpants or sweatshirts of any fabric, parachute pants, miniskirts, city shorts, or skorts. Shoes should be color coordinated and suitable for position. Dress flats, dress sandals and slides are allowed in office areas only. Flip flops are not allowed. Tennis shoes or leather flats with a non-skid sole are allowed for field staff in non-office environments. No excessive jewelry. No visible body piercings, with the exception of the lower ear lobe are allowed. C: Documents/Handbook/2015 Rev. 09/10//2015 Page 32 of 49 Upper Cumberland Human Resource Agency Employee & Policy Handbook 7. 8. 9. No visible tattoos. Hair and makeup should be neat, clean and well maintained. Clothing should be neat and properly fitted, clean and pressed. * Van drivers will be allowed to wear denim jeans that meet the following criteria: Denim must be a solid color, blue or black, and have no holes or fringed hems or strings. Men Business casual clothing that is neat, appropriate fitting and free from wrinkles and stains. 1. 2. 3. 4. 5. 6. 7. Pants* with coordinating top, if uniforms are not required. Shorts are not permitted. (polo shirt, sweater, vest, jacket, etc.) No t-shirts, sweatpants or sweatshirts of any fabric, parachute pants or shorts. Shoes should be color coordinated and suitable for position. Flip flops are not allowed. Tennis shoes or leather flats with a non-skid sole are allowed for field staff in non-office environments. No visible body piercings, with the exception of the lower ear lobe are allowed. No excessive jewelry. No visible tattoos. Hair, to include facial hair, should be neat, clean and well maintained. * Van drivers will be allowed to wear denim jeans that meet the following criteria: Denim must be a solid color, blue or black, and have no holes or fringed hems or strings. Field Staff Include: Residential Counselors Teacher Aides (residential & day care programs) Cooks/Nutrition Site Staff Custodian/Maintenance/Commodities Van Drivers Head Start Bus Drivers/Custodian Homemaker Aides Corrections Dept. If you have any questions concerning your classification, please contact your immediate supervisor. Casual Friday 1. Denim jeans are permitted only if they are a solid color, blue or black, with no holes or fringed hems or strings. 2. Coordinating top such as polo shirt, sweater, blouse, dress shirt, vest, jacket, etc. 3. No t-shirts, sweatshirts, sweatpants, tank tops, spaghetti straps or shorts are permitted. 4. Tennis shoes are permitted for Casual Friday. 5. Denim crop/capri pants are permitted for Casual Friday only and are to be approximately 6” above the ankle. LAKESIDE STAFF Women Casual clothing that is neat, appropriate fitting and free from wrinkles and stains. 1. Casual pants, khakis, Khakis Shorts no more than 1” above the Knee, crop pants or corduroys with coordinating top. (sweater, vest, blouse, jacket, T-shirt, etc.) Crop/capri pants are to be approximately 6” above the ankle. C: Documents/Handbook/2015 Rev. 09/10//2015 Page 33 of 49 Upper Cumberland Human Resource Agency Employee & Policy Handbook 2. 3. 4. 5. 6. 7. 8. Blouses must be worn in good taste with no see-through or low cut tops, front or back. Dresses/skirts are to be no shorter than 3” above the knee. Shoes should be color coordinated and suitable for business wear. Tennis Shoes, Sandals, boots that are safe and slip resistant neat and clean. No visible body piercings, with the exception of the lower ear lobe are allowed. No excessive jewelry. No visible tattoos. Hair and makeup should be neat, clean and well maintained. Men Casual clothing that is neat, appropriate fitting and free from wrinkles and stains. 1. Pants* with coordinating top, if uniforms are not required. Shorts are permitted such as Khakis no more than 1” above the knee. (polo shirt, sweater, vest, jacket, T-Shirt, etc.) 2. No sweatpants or sweatshirts of any fabric, parachute pants or shorts. 3. Shoes should be color coordinated and suitable for position. shoes or leather flats with a non-skid sole are allowed for field staff in non-office environments. 4. No visible body piercings, with the exception of the lower ear lobe are allowed. 5. No excessive jewelry. 6. No visible tattoos. 7. Hair, to include facial hair, should be neat, clean and well maintained. * Van drivers and Lakeside employees will be allowed to wear denim jeans that meet the following criteria: Denim must be a solid color, blue or black, and have no holes or fringed hems or strings. If you have any questions concerning your classification, please contact your immediate supervisor. Please note that if you are attending a speaking engagement, making a presentation on behalf of the Agency or publicly representing the Agency in any way, that you must wear business attire under those circumstances, regardless of the day of the week. The Executive Director reserves the right to revoke the Casual Friday policy at any time should the criteria not be met. 5.29 Use of Company Equipment 5.29.1 Credit Card Policy UCHRA has adopted and implemented this Credit Card Policy to safeguard public funds and to provide clear instructions to employees that have been formally authorized to use Agency credit/debit cards. All employees using UCHRA credit/debit cards must be specifically authorized by the Executive Director and shall be subject to the requirements of this policy. For the purposes of this policy, all authorized employees shall be referred to as “cardholders.” This Policy may be amended from time to time by the board. As a cardholder, you assume the responsibility for the protection and proper use of the card. Purchases with Agency cards must not conflict with the Agency’s Purchasing Policy. Cardholders C: Documents/Handbook/2015 Rev. 09/10//2015 Page 34 of 49 Upper Cumberland Human Resource Agency Employee & Policy Handbook are responsible for all unauthorized charges on the cards assigned to them. Cards and card numbers must be safeguarded against unauthorized use. All credit card transactions will be visible via secure internet reporting tools and all cardholders’ purchasing activity will be monitored by the finance department and reviewed by auditors. Credit cards are not intended to be used for normal, recurring expenses associated with normal department operations. Business accounts should be set up for recurring activities. Receipts for all purchases by credit card shall be forwarded to the finance department. It is the goal of UCHRA to have all transactions sales tax exempt, when applicable. It is the cardholder’s responsibility to notify the supplier, at the time of the transaction, if it will be exempt from sales tax. If the cardholder uses the credit card to pay sales tax and the purchase was tax exempt, the cardholder is personally liable to pay the sales tax. The following situations are examples of misuse of the card: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Alcoholic beverages/tobacco products/controlled substances Purchases for personal benefit of the cardholder or another employee Assignment or transfer of an individual card to another person Use of the card by an unauthorized employee Use of a card by a suspended or terminated employee Purchases that are not for legitimate Agency and public purposes Purchases in violation of the Agency’s Purchasing Policy Splitting a purchase to avoid a single-purchase limitation Use of the card for commodities, goods, or services at vendors with Agency accounts Lack of proper and timely submission of all purchase receipts Any violations of this policy may subject to the employee to discipline, including termination of their employment with the agency. 5.29.2 Telephone Calls and Messages There are a limited number of telephone lines. Employees may use office telephones for local personal calls if such calls do not interfere with their work or the work of those around them. 5.29.3 Cell Phones This policy sets forth Upper Cumberland Human Resource Agency’s (UCHRA) policies about cell phone usage and applies to all employees. For purposes of this policy, the term “cell phone” is defined as any handheld electronic device with the ability to receive and/or transmit voice, text, or data messages without a cable connection. UCHRA reserves the right to modify or update these policies at any time. Mobile phones, personal digital assistants, and other electronic innovations have given employers increased access to their employees, making those individuals more available and connected to their jobs. The business world understands that technologies have improved customer service and elevated employee efficiencies. The Agency will provide cell phones if job function of the person requires considerable time outside of assigned office or work areas and/or outside of scheduled or normal work hours (e.g., on-call, community corrections, etc.); and it is essential to the operation of the program that the person be accessible during those times. Cell phones will be provided to essential departmental employees. The Departmental Director is responsible for determining essential departmental staff and should consider if the cell phone is essential for the daily operation of the program. The Department Director is responsible to ensure that his/her program has sufficient funds to cover equipment costs and recurring monthly charges. C: Documents/Handbook/2015 Rev. 09/10//2015 Page 35 of 49 Upper Cumberland Human Resource Agency Employee & Policy Handbook The Agency will provide a smart phone if the job functions requires access to e-mail outside of the office and/or beyond regularly scheduled working hours, and it is essential for the Agency that the person has the ability to receive and send email during those times. All smart phones have to be approved by either the Executive Director or Deputy Director prior to purchase and activation. The Agency will not support nor purchase more than one cell phone per employee. The primary purpose of the phone is to conduct Agency business. Each department is responsible for ensuring the Agency pays the lowest possible costs for all cell phones and recurring service charges. Departmental staff is responsible for reviewing monthly bills and monitoring individual usage. Agency cell phones are subject to be reviewed by management staff at any time. Agency provided cell phones are property of the Agency and are subject to the public records laws. 5.29.4 Information Technology Usage All information systems and technologies are classified as, including but not limited to, e-mail, voice mail, text messages, any files (i.e. photos, videos, spreadsheets, etc.) that are sent, received, deleted or stored on an agency device or computer/system regardless of nature (business or personal). UCHRA maintains full ownership of all electronic communication including the ability to access, audit, and/or monitor device content on a business necessity basis. All employees should operate under the assumption that use of any agency resource is considered neither private nor confidential. To ensure that the use of information systems and technologies and business equipment is consistent with the UCHRA’s legitimate business interests, authorized representatives of the agency may monitor/audit the use of such equipment at any given time. The use of any software, hardware and/or business equipment, including but not limited to, cell phones, facsimiles, computers, and copy machines that are used for private purposes is permitted by designated Director. Permission to use devices for personal use does not exclude the individual from compliance with agency policy and guidelines. Such activities will be permitted unless it interferes with an employee’s work or that of another. Non-business related sites, software and/or hardware can and will be blocked or prevented based on, but not limited to, the content, intent or categories at the discretion of the MIS Director. Employees may not use unauthorized codes, passwords, or other means to gain access or retrieve information from agency systems, files, email, or any stored agency information unless they have received prior clearance and authorization from an authorized UCHRA representative. If employees have not been issued an information user account (domain account), they are not authorized to use the agency systems, devices, software and/or hardware. No employee may use an access credential that has not been issued to that employee or which the issuance is unknown to agency management. Assigned personal passwords are confidential and should not be given out to anyone under any circumstance. If an employee is required to gain access to a particular software or system within the agency’s scope, they must contact their immediate supervisor and request an account from the MIS department. Passwords should be changed quarterly in order to maintain security. All user accounts are considered property of the agency and should be treated as so. Systems, files, and/or messages are monitored randomly to determine whether any outsiders have compromised an account or whether any violations of agency policy have occurred. Employees who violate this policy are subject to disciplinary action, up to and including termination of employment. C: Documents/Handbook/2015 Rev. 09/10//2015 Page 36 of 49 Upper Cumberland Human Resource Agency Employee & Policy Handbook Transmitting, viewing or downloading of material that is discriminatory, defamatory, harassing, insulting, offensive, pornographic or obscene in nature is prohibited. Foul, inappropriate, offensive messages (i.e. racial, sexual, or religious slurs), and/or defamatory remarks are prohibited in any form of electronic information transmission. Sensitive information is not to be sent via electronic mail or via text message unless encrypted and protected by a password. Examples of sensitive information are but not limited to social security numbers, client medical records, etc. All UCHRA information users are required to sign a copy of the agency’s information use policy that will be placed in their personnel file. 5.30 Layoff and Recall Policy Due to funding and program conditions, there may be a time when it is necessary to conduct a temporary or permanent layoff. If a layoff becomes necessary, the Agency reserves the right to keep some employees working in order to retain the skills necessary to operate the Agency, regardless of seniority. Should the Agency see a need to conduct a layoff, the process will be as follows: Temporary Layoff Employees on this type of layoff will be laid off for a specific amount of time and have a tentative return date. This type of layoff will be considered temporary. Permanent Layoff Employees on this type of layoff will not have a tentative return date. This type of layoff will be considered a permanent layoff. During the layoff period, Agency benefits will not be paid, but employees may elect to continue COBRA coverage, which includes medical and dental only, at their own expense. Evaluation of the foregoing criteria shall be within the sole discretion of the Agency. Employees will be selected for layoff based on the following criteria: 1. 2. 3. Demonstrated current and past performance Promotional potential and transferability of skills to other positions within the Agency The needs of the Agency and specific projects Employees considered to be on permanent layoff will receive payment for any unused annual leave days at the time of layoff. Employees who are laid off will not accrue annual leave or sick leave during the layoff. Recall Employees who are laid off will be maintained on a recall list for six months. Removal from the recall list terminates all job rights the employee may have. W hile on the recall list, employees should report to the Human Resource department if they become unavailable for recall. Employees who do not keep a current telephone number with the Human Resource department may lose their recall rights. Employees will be recalled according to the needs of the Agency, their classification and their ability to perform the job. Notice of recall will be made via telephone with the last known telephone number noted on the employee record. The Agency may return employees to their previous position, if available, or to any vacant position that is available. If an employee is unavailable or unreachable (i.e. invalid phone number or no voicemail), their name will be removed from the recall list and the next person on the recall list will be notified of the open position. In the event that a voicemail message is left, the employee must respond to C: Documents/Handbook/2015 Rev. 09/10//2015 Page 37 of 49 Upper Cumberland Human Resource Agency Employee & Policy Handbook the message within 7 days of the call or their name will be removed from the recall list. If an employee is offered an available position and refuses that position, their name will be removed from the recall list and no longer have any job rights with the Agency. Should an employee agree to return to an available position and fail to return to work at date/time specified, this will result in termination of employment. If the employee is not recalled after six months, employee will be considered terminated and no longer have any job rights with the Agency. 5.31 Resignation Employees are requested to give not less than two working weeks prior written notice of resignation. A working week is defined as being present during all normal working hours. The use of annual or sick leave during that time does not constitute “working”. All notices of resignation may be submitted to your immediate Supervisor, with the exception of the resignation of the Executive Director, which shall be submitted to the Chairman of the Board. Any employee who does not submit his/her resignation as required above or who is absent from work for a period of two (2) work days or more, without notifying their Supervisor of the reasons for their absence, will be considered to have resigned without notice. 5.32 Termination of Employment When the employment relationship comes to an end, an exit interview may be held between the terminating employee and his supervisor. The purpose of the exit interview is to assist the employee in making the transition and to arrange for the proper handling of Agency work and resources assigned the employee. At time of termination the employee may be entitled to compensation for assigned time actually worked, any accumulated, and available vacation leave. (See Vacations - Annual Leave.) 5.33 Return of Agency Property Employees are responsible for all property, materials or written information issued to them, in their possession or control while employed by UCHRA. Employees must return all property of the Agency that is in their possession or control in the event of employment termination or layoff immediately upon request. 6.0 COMPENSATION POLICIES 6.1 Meal and Break Periods Bona fide meal periods are not work time and do not include coffee breaks or time for snacks. Break periods are of a short duration and must be counted as hours worked. Meal periods, typically 30 minutes or more, need not be compensated as work time. The employee must be completely relieved of duty for the purpose of eating regular meals. The employee is not relieved if he is required to perform any duties, whether active or inactive, while resting. Each employee must have a 30 minute unpaid meal period if scheduled to consecutively work 6.0 hours or greater, except in work place environments that by their nature of business provide for ample opportunity to rest and take the unpaid meal period. The meal period shall not be C: Documents/Handbook/2015 Rev. 09/10//2015 Page 38 of 49 Upper Cumberland Human Resource Agency Employee & Policy Handbook scheduled during or before the first hour of work activity. UCHRA meal policy is to allow a minimum 30 minute unpaid period each workday. The paid lunch period must be listed on the employee’s time sheet. Management’s prior approval must be obtained for lunch periods not taken and therefore paid. The time sheet must reflect the signed supervisors prior approval. Program Directors and Supervisors, at their discretion, may allow their employees two (2) rest breaks during each workday. One break may be allowed in the morning and the other in the afternoon for a period not to exceed fifteen (15) minutes each. These rest breaks are a privilege and should be taken at times that do not interfere with your work. 6.2 Salary and Wages – Pay Plan and Classification Salaries are determined by: 1. The relative difficulty and responsibility of each position; 2. Qualifications (including educational attainment and significant job related experience); 3. Job performance; 4. Cost of living factors, and; 5. Availability of program revenues It is the general policy to employ all personnel at the entrance level rate of the compensation plan for each position. The Executive Director is authorized to make exceptions to this policy for employment of persons having exceptional qualifications which require a higher rate of pay to employ such persons. The UCHRA compensation plan establishes the minimum and maximum rates of pay for each position. Specific rates of pay for each position shall be determined by the Program Director in recognition of those factors identified above. Most Agency employees are paid according to the UCHRA Classification and Compensation Plan, which provides a schedule of official annual and hourly pay rates based on the grade and the step for each position. Some grant programs operated by the Agency requires salary and wage schedules different from the official UCHRA Compensation Plan. In such cases the Executive Director will establish an alternate pay plan for the employees working under a specific grant. Employees in salary positions are paid on a salary plan, which is based on a semi-monthly rate of pay, and earns the same amount of gross pay each payroll period, without regard to the number of days included in the period. Hourly employees are paid according to an hourly wage rate, and receive pay for the hours actually worked or otherwise credited, during a payroll period. Length of employment will not qualify an employee for a salary increase. Merit pay increases will be considered annually by the UCHRA Board of Directors. Merit pay increases will upgrade the UCHRA pay plan as determined by the Board. The Executive Director is authorized to grant merit pay increases for exceptional work performance when such increases do not exceed budget limitations and when such increases do not exceed the maximum rate of pay of the job position. All merit increases shall be documented in writing, explaining the reasons for the increase and shall become a part of the employee's personnel file. C: Documents/Handbook/2015 Rev. 09/10//2015 Page 39 of 49 Upper Cumberland Human Resource Agency Employee & Policy Handbook 6.3 Exempt and Non-Exempt/Overtime/Compensatory Time UCHRA staff positions are considered either (“exempt”) or (“non-exempt”) from overtime pay requirements of Wage and Hour Laws. If an employee is (non- exempt) and is permitted to work more than 40 hours in any week, UCHRA will compensate the employee at 1.5 times pay for any hours over 40 in a given week. Prior approval by an employee’s Supervisor is necessary for any overtime worked. In the event an employee must work on an Agency scheduled holiday, the employee will be paid for the actual time worked and will be scheduled to take another work day off with pay in replacement for the holiday. In unusual emergency situations, a Program Director may give prior approval for the employee to receive holiday pay in addition to pay for time worked, in lieu of rescheduling the paid holiday. 6.4 Pay Day and Pay Checks Your wages reflect the time worked during the payroll period ending on the last day of the pay period. Your wages are automatically distributed by electronic transfer to the bank or lending th institution of your choice on the 15 and last day of each month. Should you wish to change your specified banking institution or account number within the same institution, notify the payroll clerk immediately. 6.5 Longevity Pay Full-time permanent employees receive $100.00 longevity pay for each year of employment beginning in their fifth consecutive year of employment with $100.00 added to the lump sum each year up to $3,000 maximum benefit (through 30 consecutive years employment). This lump sum is by check on the pay period following hire date of the anniversary month, with all fringe benefits other than insurance, retirement and special withholding amounts subtracted. Persons who voluntarily leave the employment of the Agency and return to its employment at some future time will be treated as new employees for the purpose of earning longevity pay. 6.6 Travel and Expense Reimbursement Employees shall be reimbursed for authorized expenses incurred while conducting Agency business at a rate specified in the state of Tennessee Comprehensive Travel Regulation’s Reimbursement Rate Schedule. Claims for travel expenses should be completed and approved by your immediate supervisor and submitted to the Finance department for reimbursement. Claims must be submitted by noon W ednesday to receive reimbursement on Friday. Employees will be reimbursed for actual lodging costs plus tax incurred up to the applicable maximum amount as indicated on the state of Tennessee Comprehensive Travel Regulation’s Reimbursement Rate Schedule. Lodging receipts are required and must itemize room charges and taxes by date. If a convention or conference rate exceeds the maximum reimbursement rate and is documented by a convention or conference brochure or registration form, a higher reimbursement rate will be allowed. 6.7 Jury and Witness Duty UCHRA expects employees to fulfill their civic responsibilities by serving jury duty when required. An employee summoned to serve as a juror in any court of the United States or the state of Tennessee shall be excused from work with pay for the period actually required for the jury C: Documents/Handbook/2015 Rev. 09/10//2015 Page 40 of 49 Upper Cumberland Human Resource Agency Employee & Policy Handbook service. The employee should show the jury duty summons to his/her Supervisor as soon as possible so that the Supervisor may make arrangements to accommodate the absence. The employee is expected to report for work whenever the court does not require his or her presence. Insurance benefits and accrual for benefits calculations, such as vacation or holiday benefits, will continue for the period of jury service. Any compensation from the court must be paid to the Agency. UCHRA recognizes that employees must appear in court for witness duty whenever subpoenaed to do so. Employees may be granted leave for absence due to witness duty. The subpoena should be shown to the employee's Supervisor immediately after it is received so that operating requirements can be adjusted, where necessary, to accommodate the employee's absence. The employee is expected to report for work whenever the court does not require his or her presence. If the employee has been subpoenaed as a witness for the Agency as a result of a job-related event, he or she will be paid for the period of witness duty. 6.8 Bereavement Leave Upon request, you may be granted up to three days bereavement leave with pay on the death of any member of your immediate family if your position with this agency has a job status that accumulates annual and sick leave. The definition of immediate family includes your spouse, child, stepchild, grandchild, brother, sister, parent, grandparent, stepparent, foster parent, or parent-in-law, stepson, stepdaughter, stepbrother, stepsister, brother-in-law, sister-in-law, grandparent-in-law, niece, nephew, aunt, uncle or others that may be approved by your immediate supervisor on a case by case basis due to your relationship to the individual. These days will not be charged against your leave balance. Proof of attendance need not be provided. 6.9 Timesheets and Wage Payments The standard work week shall start at 12:01 a.m. Sunday and shall continue until 12:00 midnight the following Saturday. A properly completed time sheet will be submitted two times each month on a schedule published by the Finance Director. Your Supervisor will answer any questions you may have about your pay. If you feel an error has been made, bring it to the attention of your Supervisor for investigation and correction as necessary. As a general rule pay check corrections will be made in the next pay check. 6.10 Homework No employee subject to the overtime pay provisions of the Wage and Hour Laws may perform any work for the Agency at home unless authorized beforehand in writing by his/her immediate Supervisor. 6.11 Attendance to Seminars/Conferences Approval may be granted and expenses reimbursed for attendance of seminars and conferences when such attendance, in the opinion of the Executive Director, is in the best interest of the Agency. Considerations shall be the nature of the seminar or conference, relevance to the professional area of the potential attendee, Agency work load, and availability of funds. The Agency shall reimburse Agency Board Members, according to state travel regulations, for expenses incurred while attending seminars and conferences in the Agency’s interest. C: Documents/Handbook/2015 Rev. 09/10//2015 Page 41 of 49 Upper Cumberland Human Resource Agency Employee & Policy Handbook 7.0 TIME OFF/BENEFITS 7.1 Holidays with Pay The Agency observes thirteen* paid holidays: New Year’s Day Martin Luther King Day President’s Day Good Friday Memorial Day Independence Day *National Election Day when occurs Mayor Edward Hale Day (floating holiday to be taken in December) Labor Day Veteran’s Day Thanksgiving Day Day after Thanksgiving Christmas Eve Day Christmas Day Additional Christmas Holiday (designated by Executive Director) When one of the above paid holidays falls on a Sunday, the following Monday will be observed as the paid holiday. Where a holiday falls on a Saturday, the preceding Friday will be observed as the paid holiday. Regular, full-time employees are eligible for holiday pay. Part-time employees who are scheduled to work on the holiday are eligible for prorated holiday pay. Temporary and casual employees are not eligible for holiday pay. An employee who is absent because of sickness or injury over a holiday period will receive holiday pay if otherwise eligible. If a holiday falls during a scheduled annual leave, holiday pay shall be received. In the event an employee must work on an Agency scheduled holiday the employee will be paid for the actual time worked and will be scheduled to take another work day off with pay as replacement for the holiday. In unusual emergency situations, a Program Director may give prior approval for an employee to receive holiday pay in addition to regular pay in lieu of rescheduling the paid holiday. 7.2 Vacations (Annual Leave) Vacations (annual leave) are an important part of an employee’s personal life. Additional Annual leave may be credited to an employee based on time employed with a city, county, or state job in Tennessee. Those years of service may be counted towards annual leave time. If an employee feels he or she qualifies for such credit they should contact the Human Resource Department. Once an employee is verified by Human Resources for this Annual Leave credit they will be notified. This credit is not retroactive and only begins at the date of approval. Our vacations are allocated and taken on a fiscal year basis. Annual leave will be earned by employees in accordance with the following procedures: Salaried employees will receive annual leave as follows: a. Full-time employees with 0-5 years of service earn one day (7.5 hrs.) per month. b. Full-time employees with 5-10 years service earn 1 1/2 days (11.25 hrs.) per month. C: Documents/Handbook/2015 Rev. 09/10//2015 Page 42 of 49 Upper Cumberland Human Resource Agency Employee & Policy Handbook c. Full-time employees with 10-20 years service earn 1 3/4 days (13.125 hrs.) per month. d. Full-time employees with 20 years of service or more earn 2.0 days (15 hrs.) per month. e. Persons who voluntarily leave the employment of the Agency and return to its employment at some future time will be treated as new employees for the purpose of earning the one and one half (1½ ) annual days per month. Previous time worked by employees who have been called back to work from lay-off status will be counted toward annual leave. f. Permanent part-time employees who work less than 20 hours/week shall not earn annual or sick leave. Hourly employees who work at a minimum of 20 hours per week and documented within the personnel file shall earn annual leave as follows: Hours Worked per Week Years of Service 20 24 28 30 32 35 37.5 40 0-5 5-10 10-20 20+ 2.00 2.50 2.75 3.00 3.25 3.50 3.75 4.00 3.00 3.50 3.75 4.25 4.25 4.75 4.50 5.25 4.75 5.75 5.25 6.00 5.75 6.50 6.00 7.00 Hours Earned 4.00 5.00 5.50 6.00 6.50 7.00 7.50 8.00 g. Probationary full-time employees shall receive one (1) day per month during their probationary period. Probationary part-time employees shall receive each month the number of hours they work based on the previous schedule and must be 20 hours or greater. h. Annual leave may not be carried over to a new fiscal year unless approved by the Executive Director. Annual leave may be taken by employees in accordance with the following procedures: a. Employees may not borrow annual leave that is not yet earned. b. No cash payment will be made for unused annual leave, except in the case of separation of an employee from the Agency, and then only if funds are available to pay for all or a portion of unused annual leave. c. Requests for annual leave shall be made to department directors by the immediate supervisor at least two (2) weeks, when possible, prior to date the leave commences. Annual leave shall be approved by the directors and granted C: Documents/Handbook/2015 Rev. 09/10//2015 Page 43 of 49 Upper Cumberland Human Resource Agency Employee & Policy Handbook insofar as possible avoiding interference with the work of the Agency. Each department shall have no more than one supervisor on leave in any work day in order to properly serve the public. Annual leave will be arranged by supervisors and directors to insure proper coverage. 7.3 d. Senior staff members’ leave shall be approved by the Executive Director. e. Employees will not be charged leave for a holiday that occurs during a period of annual leave. f. Employees who have sick and annual leave days must take them before being granted unpaid absence from work. g. Upon termination of employment for other than gross misconduct, employees will be paid for unused vacation days that are then available for use. h. In the event of a conflict between employees as to vacation scheduling, Agency seniority will prevail. Sick Leave Sick leave will be earned by employees in accordance with the following procedures: a. Full time employees will receive sick leave at the rate of one (1) day per month or twelve (12) days sick leave per year. b. There is no qualifying period for sick leave. c. Unused sick leave will not be reinstated to a person returning to the employment of the Agency except where separation was the result of involuntary lay-off. Sick leave will be taken by employees in accordance with the following procedures: 7.4 a. Sick leave is to be used for personal illness of the employee or any absence covered by the Family and Medical Leave policy. Sick leave is not extra vacation or personal time. Sick leave is for sickness. b. Employees are not paid for unused sick leave at the time of separation. c. For sick leave greater than three (3) consecutive work days, a certificate signed by a health care provider must accompany the time sheet for reimbursement as sick leave. d. Employees may not borrow sick leave that is not yet earned. e. Employees, who are out on unpaid sick leave, for one month or more, will cease to accrue annual or sick leave until they return. This time will be frozen and resume when the employee returns to work. Leave of Absence without Pay A leave of absence without pay must be requested in writing to the Executive Director. Family C: Documents/Handbook/2015 Rev. 09/10//2015 Page 44 of 49 Upper Cumberland Human Resource Agency Employee & Policy Handbook and Medical Leave Act (FMLA) rules may apply. A leave of absence may be granted at the Executive Director’s discretion taking into account the particular circumstances surrounding the individual employee’s request for leave, including but not limited to, the individual employee’s reason for requesting leave, requested length of leave, prior performance record, seniority, job position, business conditions, etc. Additional sick and annual leave will not be added during the period of a leave of absence taken under this policy. While on leave of absence without pay, the employee is required to pay the total cost of maintaining the insurance premiums. These premiums shall be paid to the Agency. The payment of the insurance premiums shall be paid to the Agency by the employee by the 25th of each month in which the employee is on leave. Non-payment of the insurance premiums will cause the employee’s insurance to be cancelled. Examples of instances when this type of leave might be authorized are as follows: 1. When an employee has exhausted all annual leave, sick leave, and/or family medical leave; 2. For educational purposes when the course of study being pursued is related to the employee's work and will enhance the employee’s value to the Agency, or; 3. Any time an employee’s physical or mental condition hampers his or her work performance, he or she may be requested to take leave of absence. Upon return to work from a leave of absence taken pursuant to this policy, the employee will be reinstated to (1) their former job, if available; (2) an equivalent position in the same county, if available, and the employee is qualified by prior experience; (3) any vacant position for which the employee is qualified; or (4) if there are no suitable vacancies, the employee will be placed on layoff status. 7.5 Family Medical Leave (FMLA) In accordance with the Family and Medical Leave Act (FMLA), any person employed by UCHRA for at least twelve 12 months, who has worked 1,250 hours or more during the 12 month period immediately before leave is requested, is eligible for up to 12 weeks of unpaid job-protected leave (16 weeks due to pregnancy / 26 weeks due to caregiver of wounded service member) in a 12 month period. The 12-month period begins on the first day of the approved leave under FMLA and continues for 12 full consecutive calendar months. FMLA leave will be granted to employees for the following purposes: 1. 2. 3. 4. An employee’s newborn or a newly placed adopted or foster child; A seriously ill child, spouse, or parent; The employee's own illness; Family members who are on or about to go on active military duty, or; 5. Employees who are caregiver of a covered wounded service member If both spouses work for the Agency, leave for births, adoption, foster care, or a sick parent's care is limited to 12 work weeks divided between each spouse in a 12-month period and 26 work weeks for caregiver of a wounded service member. C: Documents/Handbook/2015 Rev. 09/10//2015 Page 45 of 49 Upper Cumberland Human Resource Agency Employee & Policy Handbook Employees will be paid earned sick and annual leave days during FMLA leave, except for FMLA leave taken because of an employee’s work-related injury. After all sick and annual leave has been exhausted, the FMLA leave will be unpaid. Employees taking FMLA leave must adhere to the following procedures: 1. An employee must provide 30 days advance notice when FMLA leave is foreseeable. If a 30 day notice is not possible, notice is required as soon as an employee is aware of the time needed. If an employee fails to give reasonable notice, the Agency may deny FMLA leave until at least 30 days after the date notice is given. 2. An employee must provide medical certification to support FMLA leave requested because of a serious health condition. The Agency has the option to require a second and/or third opinion (at the Agency’s expense) if deemed necessary. If the employee fails to provide medical certification in a timely manner, FMLA leave may be denied. 3. If applicable, the employee must continue to pay his normal portion of any premiums for health insurance or other premiums which are direct employee costs made by payroll deduction. Failure to make timely payments could result in the cancellation of insurance. 4. An employee must exhaust all received paid leave (both annual and sick leave) before unpaid FMLA leave may be taken. This requirement does not apply to W orkers’ Compensation/FMLA leave. 5. If FMLA leave is requested for an extended period, the employee must contact the Human Resource Director every 45 days for updates on medical condition and their intent to return to work. 6. If FMLA leave is requested for the employee’s own serious health condition and is for more than three consecutive days, the employee must notify his immediate Supervisor two days or more before return date. 7. Before returning to work, the employee must submit a Return to Work Medical Certification if the FMLA leave was for his/her own serious illness. Jobs vacated by FMLA leaves of absence may be filled on a temporary basis for up to 12 weeks in a 12 month period, after which time business needs may require the vacancy to be filled with a permanent replacement. It is the policy of the Agency that an eligible employee returning from Family Medical Leave of up to 12 weeks in a 12 month period will return to the same position of employment that the employee left, or an equivalent position with equivalent employment benefits and pay. The employee will not lose any benefits, such as group life insurance, health insurance, sick leave, annual leave and pensions, accrued prior to the start of the leave. An employee has the right to maintain coverage under the Agency’s group health plan, during his/her leave of absence, by payment of the employee portion of the cost of coverage for 12 weeks. 7.6 Medical Leave Extension (After Family Medical Leave) All requests for leave or extension should be in writing, and should state the reason for the request. The Agency has the right to require a medical statement prior to, during, or at the conclusion of a leave of absence or extension, or to require and pay for a second medical C: Documents/Handbook/2015 Rev. 09/10//2015 Page 46 of 49 Upper Cumberland Human Resource Agency Employee & Policy Handbook opinion. Leaves of absence must be used solely for the purpose for which it was granted. Employees whose FMLA leave is more than 12 weeks in a 12 month period may be reinstated to: 1. 2. 3. Their former job, if available An equivalent position in the same county, if available, and the employee is qualified by prior experience. If there are no suitable vacancies, the employee will be placed on layoff status. If an employee does not return to work following FMLA leave for a reason other than (1) the continuation, recurrence, or onset of a serious health condition which would entitle him to FMLA leave, or require a certification of serious health condition; or (2) other circumstances beyond his control, he will be required to reimburse the Agency for its share of health insurance premiums paid on his behalf during his FMLA leave. A medical re-certification form will be required for the reason of a serious health condition. If an employee is unable to return to work at the end of a 12 week period (16 weeks pregnancy / 26 weeks caregiver of a wounded service member), that employee may be terminated. However, a leave extension may be granted to accommodate a serious disability which does not create an undue Agency hardship. The request for additional leave must be made by the employee. In making its decision whether to grant an extension of leave to accommodate such a disability the Agency may request, and the employee must provide, reasonable documentation from an appropriate health care or rehabilitation professional which describes the employee’s disability or functional limitations. This documentation should also identify why a reasonable extension of leave would permit the employee to resume the performance of essential job functions. 7.7 Time Off During Work Day All employees are required to be at work during their entire designated work period unless sickness or emergencies should occur. In the event it is necessary for an employee to leave the premises under either of these two circumstances, he or she should first seek permission from their Supervisor or, in that Supervisor's absence, another Supervisor, before leaving the area. Supervisors will use their individual discretion in granting time off during the work day. Excessive requests for time off during the work day or leaving the job without permission will be cause for disciplinary action. 7.8 Military Leave Employees who are inducted into the U.S. Armed Forces or who are reserve members of the U.S. Armed Forces or state militia groups will be granted leaves of absence for military service, training, or other obligations in compliance with state and federal laws. These employees may use accrued vacation leave but are not required to do so. At the conclusion of the leave, employees generally have the right to return to the same position he/she held prior to the leave or to a position with equivalent seniority, pay and benefits. The Agency will pay the difference between military pay and regular wages/salary not to exceed fifteen (15) working days in any one (1) calendar year. Employees are requested to notify their Supervisors as soon as they are aware of the military obligation. Questions regarding the company’s military leave policy, applicable state and federal laws, and continuation of benefits should contact the Human Resource Director. C: Documents/Handbook/2015 Rev. 09/10//2015 Page 47 of 49 Upper Cumberland Human Resource Agency Employee & Policy Handbook 7.9 Benefit Plans For the benefit of its regular full-time employees the Agency maintains hospitalization insurance, comprehensive medical insurance, including group life insurance, Tennessee Consolidated Retirement System (TCRS) and other benefits plans. Full information concerning the details, eligibility requirements and the cost of these plans is contained in separate booklets furnished to each employee by the Human Resource department. Some plans also provide an option to cover eligible dependents. Flexible Benefits Program (Cafeteria Plan) The Upper Cumberland Human Resource Agency offers to employees who work a minimum 30 hours per week the opportunity to participate in a comprehensive cafeteria plan through Internal Revenue Service (IRS) Code, Section 125. This plan allows employees to be given a salary reduction option so that certain eligible expenses may be paid with pre-tax dollars rather than after-tax dollars. The cafeteria plan permits each participating employee the option of selecting at least one taxable benefit (cash) and one statutory nontaxable benefit. The employee may “purchase” nontaxable benefits by foregoing taxable cash compensation. A “statutory nontaxable benefit” is any benefit for which an express exclusion from gross income is provided for in the Code. The benefit selected for inclusion in UCHRA’s plan is: Agency medical insurance The flexible benefit program is operated on calendar years. Employees can enter the program only on January 1 and must have been employed by the Agency one full year. Once an employee has signed a salary reduction agreement, no change or revocation can be made at any time during the plan year unless there is a change in family status (i.e., marriage, divorce, death of a spouse or child, birth or adoption of a child, termination of employment of a spouse, and such other events as the Plan Administrator determines will permit a change or revocation). 7.10 Employee and Dependent Insurance 1. Where funds permit, health insurance is provided to full-time employees. 2. Health insurance premiums for employee dependents are shared by the Agency insofar as funds permit. 3. Health insurance for employees eligible for this coverage under the Agency’s insurance plan becomes effective on the first day of the month following the month in which the employee is hired. Insurance coverage remains in effect through the last day of the month an employee remains on the Agency payroll. 4. Upon termination of employment, employees have the right to extend health and dental insurance coverage through the Agency at their own expense in accordance with the COBRA law. C: Documents/Handbook/2015 Rev. 09/10//2015 Page 48 of 49 Upper Cumberland Human Resource Agency Employee & Policy Handbook 7.11 Retirement Benefits Medical Insurance 1. Retirees are eligible to continue medical insurance coverage if the following conditions are met: a. Retiree has at least 20 consecutive years of employment with UCHRA and is at least 59 ½ or retiree has a total of 20 years of employment with UCHRA and is at least 59 ½; and the gap in his/her service was due to a lay-off or program elimination, not a result of resigning to take another position, or; b. Retiree has a combined total of 30 years of service, including years credited for state of Tennessee retirement credit and a minimum of 10 years consecutive employment credited with UCHRA. Employee must be employed by UCHRA at time of retirement. Retirees qualified under these criteria will be required to pay all medical insurance premiums and will not be eligible for accrued sick leave as noted in number 4 below. c. Retiree at age 65 will be eligible for Medicare supplement. d. Retiree and spouse have had one full year of medical insurance coverage immediately prior to retirement date. e. Retiree elects to continue insurance coverage no more than 30 days after retirement date. 2. Retiree must have had one full year of medical insurance either for spouse and dependent children prior to retirement date. 3. If an employee retires short of 20 years of service but has enough sick time earned to complete 20 years or more, the retiree will be eligible to continue medical insurance coverage. 4. Retirees will be required to pay the employee percentage associated with continuance of medical insurance. Retirees must accept any change in insurance providers, benefit levels, or change in premium percentage ratios that are consistent with employee medical insurance coverage. Retiree premiums will be due on or before the first day of each month. Late premiums will result in termination of coverage. Accumulated Sick Leave (at Retirement) 1. Retirees hired prior to October 16, 2012 that have 20 consecutive years of employment with UCHRA and meet criteria of section (1a) will be paid for accumulated sick leave up to six months total conditional on meeting these eligibility criteria. a. Minimum age 59 1/2 as of retirement date. b. Submission of a letter of retirement to their Supervisor a minimum of one month prior to a specific retirement date. c. Accrued sick leave will be paid at the employee’s rate of pay effective on the retirement date. C: Documents/Handbook/2015 Rev. 09/10//2015 Page 49 of 49 Upper Cumberland Human Resource Agency Employee & Policy Handbook 7.12 Disability Insurance The Agency provides short-term disability insurance coverage for all regular full- time employees at a rate of $200 per week or one-half of the employee’s pay, whichever is less, up to six months. In addition, the Agency makes available long-term disability insurance for purchase by eligible employees at group rates. 7.13 401K Retirement Plan with Mass Mutual (formerly Hartford) Mass Mutual (formerly Hartford) supplies a 401(K) plan which is available to part-time employees who work over 1,000 hours per year after one full year of employment. Any full-time employee hired after January 1, 2008 may no longer participate in the plan. 7.14 State of Tennessee Retirement Plan – Tennessee Consolidated Retirement System (TCRS) All full-time employees hired after January 1, 2008 must participate in this retirement plan by contributing 5% to the plan, with the agency paying the required state match. 7.15 Life Insurance Life insurance is paid by UCHRA for all full-time employees. You may purchase additional dependent coverage. 7.16 Social Security The employer’s share of social security taxes is paid by the Agency on employees. 7.17 Worker’s Compensation Insurance Worker’s Compensation Insurance is carried on employees. Work related accidents or illness should be reported to your immediate Supervisors within eight hours of the occurrence. Once notified, the Supervisor should immediately inform Human Resources. Any employee who is injured on the job or who experiences an occupational disability during the course of employment, unless purposely self-inflicted or due to willful misconduct in violation of safety rules or refusal to use safety equipment, is entitled to benefits and compensation in accordance with Worker's Compensation Laws of the state of Tennessee. If medical treatment is necessary in connection with an on-the-job injury, the employee must choose the treating physician from a panel of physicians provided by UCHRA in order to receive payment for medical expenses. The list of designated physicians is posted on the Agency bulletin board in each office. If the employee fails to follow the UCHRA's procedures for Worker's Compensation, the employee may be personally responsible for medical expenses. As with all events noted in these policies that result in an employee being absent from his place of employment, an employee's employment relationship with the UCHRA may be terminated in accordance with federal or state law and the provisions of these policies. An employee's worker's compensation status is not a guarantee of continued employment. There is no buy-back of leave provision with worker's compensation payments under UCHRA policy. C: Documents/Handbook/2015 Rev. 09/10//2015 Page 50 of 49 Upper Cumberland Human Resource Agency Employee & Policy Handbook 7.18 Unemployment Insurance Unemployment insurance is provided by the Agency on each employee through the Tennessee Department of Employment Security. 7.19 Cancer Insurance Voluntary cancer insurance is made available to all employees. Premiums are paid through payroll deductions. 7.20 Prepaid Legal Services Voluntary prepaid legal services are made available for purchase at group rates. 7.21 Credit Union Membership Employees of the Agency have the opportunity to become members of the Tennessee W orkers Credit Union. To open account employees should fill out a membership card and make a deposit. Through payroll deduction employees can participate in the following credit union services: (1) Christmas club, (2) money fund (savings account), (3) share drafts (look like and are acceptable as checks), and (4) loan services. 8.0 CONCLUSION This handbook is for your information only and does not create any contractual obligation. Employment is on the basis of employment-at-will and may be terminated by either party. UCHRA reserves the right to amend, modify, depart from or delete this handbook. Questions concerning a matter not covered in this handbook should be directed to your supervisor. C: Documents/Handbook/2015 Rev. 09/10//2015 Page 51 of 49