Ymca Employee Handbook 632nk

NURTURING

We care for, , and help develop through encouragement

GENUINE

We are honest and open with others

HOPEFUL

We take an optimistic or positive view of future outcomes

DETERMINED

As the world continually changes, we remain steadfast in devoting full strength and attention toward each individual’s development

WELCOMING

We accept everyone eagerly, warmly, hospitably, and as equal participants

A BRIEF HISTORY 1911 The Anaheim Family YMCA was established in 1911 by Charles Pearson (who would later go on to become the city's mayor). The YMCA operated out of a house on Philadelphia Street and began offering Hi-Y clubs in local schools. In 1924, Camp Osceola began the Anaheim Y’s first camping season. The YMCA Indian Guides program got started two years later, providing parents and children the opportunity to share one-on-one experiences. 1930s-1950s In 1930, the Anaheim YMCA became incorporated. Through the 40s, the Hi-Y Clubs and Girls Reserves continued to be very popular among youth. In 1950, the YMCA building on Citron Street was constructed, providing a place for even more young people to share in the YMCA experience. Also in 1950, a new YMCA program called Youth & Government made its mark with local high school students. 1960s-1980s In the late 1960s, the shores of Catalina Island became the home of YMCA Camp Fox, a place for teens to continue their camp experience. In 1967, ground-breaking began at the YMCA’s North Street location. A two-phase plan resulted in a magnificent 58,000 sq. ft. facility offering expanded sports activities, aerobics and swimming. The building was officially dedicated in 1972, thanks to a $1.2 million gift from John and Donna Crean. In 1980, the word “family” was added to the YMCA’s name; it would now be officially called the Anaheim Family YMCA. 1980s-1990s In 1993, the YMCA opened the Children’s Station through a partnership with the City of Anaheim to offer quality, low-cost childcare. In 1994, YMCA Character Development was adopted nationwide, tying all Y programs to the four pillars of Honesty, Caring, Respect and Responsibility. In 1995, the YMCA sold its North Street facility and expanded programs across Anaheim. In 1998, the YMCA partnered with the City to offer its Youth Sports programs at the Downtown Community Center. In 1999, the Anaheim Achieves after-school program made its debut on 16 school sites, providing a safe place for thousands of students each day. 2000-Today In 2001, the Anaheim Y kicked off its new Endowment Program to help ensure a strong, viable YMCA for future generations. In 2011, the Anahiem Family YMCA celebrated its 100th anniversary. Today, the Anaheim Family YMCA impacts more than 14,000 people of all ages annually. Thanks to a volunteer board of directors, 390 full and part-time staff, and hundreds of volunteers, mentors and ers, we are connecting people, building leaders and promoting health and well-being for all. From infants to active older adults, the Anaheim Family YMCA impacts people of all ages through a variety of character-building programs in more than 50 locations across greater Anaheim. The Anaheim Achieves after-school program serves 5,000 students daily in 46 elementary, junior high and high schools; Youth Sports promotes teamwork, fitness and character; the Children’s Station gives our youngest residents ages 8 weeks to 6 years a positive start; Youth & Government builds teens’ confidence and leadership; YMCA Express improves the well-being of active older adults; and Resident Camps, Day Camps, Aquatics and more provide positive summer outdoor experiences. The YMCA is currently planning centers of wellness in the community to further strengthen the health and well-being for all residents.

Anaheim Family YMCA www.anaheimymca.org

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“AT WILL” EMPLOYEE HANDBOOK ANAHEIM FAMILY YMCA TABLE OF CONTENTS

! I.!

INTRODUCTION TO THE EMPLOYEE HANDBOOK.................................................. 1! Welcome From the President .......................................................................................... 1! Handbook Overview ...................................................................................................... 2! Employment Authority .................................................................................................. 2!

II. GENERAL EMPLOYMENT INFORMATION ..................................................................... 2! A.!

Employment At-Will ......................................................................................... 2!

B.!

Equal Employment Opportunity and Affirmative Action Policy ............................. 2!

C.!

Reasonable Accommodation ............................................................................... 3!

D.!

Open Application/Selection Process .................................................................... 3!

E. !

Job Vacancies ................................................................................................... 3!

F.!

Orientation ........................................................................................................ 3!

G.!

Conditions of Employment ................................................................................. 4! 1.! Age ............................................................................................................ 4! 2.! I-9 Form ..................................................................................................... 4! 3.! Fingerprinting and Background Checks ......................................................... 4! 4.! Obligation to Disclose Arrest or Conviction ................................................... 4! 5.! Motor Vehicle Reports (MVR) ..................................................................... 4! 6.! Medical Screenings ..................................................................................... 5! 7.! Certifications .............................................................................................. 5!

H.!

Job Duties ......................................................................................................... 5!

I.!

Employment of Relatives ................................................................................... 5!

J.!

Classification of Employees................................................................................ 5! 1.! Exempt Employees ...................................................................................... 5! 2.! Non-Exempt Employees .............................................................................. 5! 3.! Full-Time Employees .................................................................................. 6! 4.! Part-Time Employees .................................................................................. 6! 5.! Seasonal/Temporary Employees ................................................................... 6!

L.!

Consulting Services ........................................................................................... 6!

M.!

Employees as Mentors/Volunteers....................................................................... 6!

N.!

Wage and Salary istration ......................................................................... 6!

O.!

Performance Evaluation ..................................................................................... 6!

P.!

Wage and Salary Reviews .................................................................................. 7!

Revised November 2012

Q..!

Issue Resolution Procedure ................................................................................. 7!

III. PAYROLL/PERSONNEL PRACTICES .............................................................................. 7! A.!

Hours of Work .................................................................................................. 7!

B.!

Pay Days and Pay Periods .................................................................................. 7!

C.!

Direct Deposit ................................................................................................... 8!

D.!

Payment on Resignation, Termination, or Completion of Assignment or Term ........ 8! 1.! Payroll Records/Timekeeping ....................................................................... 8! 2.! Rest and Meal Break Periods ........................................................................ 9!

E.!

Overtime........................................................................................................... 9!

F.!

Expense Reimbursement .................................................................................. 10! 1.! Procedures ................................................................................................ 10! 2.! Use of Private Vehicles .............................................................................. 10! 3.! Business Travel ......................................................................................... 10! 4.! Training Opportunities for Individual Growth .............................................. 10! 5.! National YMCA Leadership Competency Training Program ......................... 10! 6.! Professional hips.......................................................................... 10! 7.! Relocation/Moving Expenses ..................................................................... 10! 8.! Personnel Records ..................................................................................... 11!

G.!

Employment Verifications/Inquiries about Employees ........................................ 11!

H.!

Health Insurance Portability and ability Act (HIPAA) ............................. 11!

IV. BENEFITS FOR ALL EMPLOYEES ................................................................................ 11! A.!

YMCA Retirement Fund .................................................................................. 11!

B.!

YMCA Retirement Fund Savings s ....................................................... 12!

C.!

Social Security ................................................................................................ 12!

D.!

State Disability Insurance (SDI) ........................................................................ 12!

E.!

Workers Compensation Insurance ..................................................................... 12!

F.!

Unemployment Insurance (UI) .......................................................................... 13!

G.!

Employee Discounts ........................................................................................ 13!

V. BENEFITS FOR FULL-TIME EMPLOYEES ..................................................................... 13! A.!

Introduction to Benefits .................................................................................... 13!

B.!

Vacation ......................................................................................................... 13! 1.! Vacation for Full-Time Exempt Employees ................................................. 14! 2.! Vacation for Full-Time Non-Exempt Employees .......................................... 14! 3.! Accrual Cap .............................................................................................. 14!

C.!

Holidays ......................................................................................................... 15!

D.!

Personal Day ................................................................................................... 15! ii


E.!

Health Insurance .............................................................................................. 15!

F.!

COBRA .......................................................................................................... 16!

G.!

Sick Leave ...................................................................................................... 16!

H.!

Bereavement/Funeral Leave ............................................................................. 17!

VI. LEAVES OF ABSENCE .................................................................................................. 17! A.!

Family Care, Medical and Military Family Leave ............................................... 17! 1.! Eligibility ................................................................................................. 17! 2.! Permissible Uses of Family Care, and Medical/Military Leave ...................... 18! 3.! Substitution of Paid Leave.......................................................................... 19! 4.!

Amount of Leave...................................................................................... 19!

5.! Leave's Effect on Pay ................................................................................ 19! 6.! Leave's Effect on Benefits .......................................................................... 20! 7.! Procedure for Requesting Family Care, Medical and Military Family Leave ... 20! 8.! Designation of Protected Leave .................................................................. 22! 9.! Return to Work Certification ...................................................................... 22! 10.! Leave's Effect on Reinstatement ............................................................... 22! B.!

Pregnancy-Related Leave and Disability Rights.................................................. 22! 1.! Leaves of Absence and Transfers ................................................................ 22! 2.! Substitution of Paid Leave for Pregnancy-Related Disability Leave ............... 23! 3.! Leave's Effect on Benefits .......................................................................... 23! 4.! Other and Conditions of Leave ......................................................... 23!

C.!

Other Disability Leaves .................................................................................... 23!

D.!

Paid Family Leave Insurance (PFL)................................................................... 24!

E.!

Organ and Bone Marrow Donor Leave .............................................................. 24!

F.!

Jury Duty ........................................................................................................ 24!

G.!

Court Appearances .......................................................................................... 24!

H.!

Voting Policy .................................................................................................. 25!

I.!

Military Duty/Leave ........................................................................................ 25!

J.!

Military Leave ................................................................................................. 25!

K.!

Military Spousal Leave .................................................................................... 25!

L.!

Volunteer Firefighter, Reserve Peace Officer, and Emergency Rescue Personnel ... 25!

M.!

Personal Leave ................................................................................................ 26!

N.!

Leave for School Visits .................................................................................... 26!

O.!

Additional Leaves ............................................................................................ 26!

VII. WORK RULES .............................................................................................................. 27! A.!

Attendance/Punctuality .................................................................................... 27! iii


B.!

Reporting an Absence ...................................................................................... 27!

C. !

Job Abandonment ............................................................................................ 27!

D.!

Vehicle Use .................................................................................................... 27!

E.!

Drug and Alcohol Substance Abuse Policy ........................................................ 27! 1.! Grounds for Testing ................................................................................... 28! 2. ! Discipline ................................................................................................ 28! 3.! Searches ................................................................................................... 29! 4.! Rehabilitation ........................................................................................... 29! 5.! Prescriptive Medications ............................................................................ 29! 6.! Acknowledgment and Consent ................................................................... 29!

F.!

Dress Code ..................................................................................................... 30!

G.!

Cellular Telephone Policy ................................................................................ 30!

H.!

Cellular Phones with Cameras .......................................................................... 30!

I.!

Non-Fraternization........................................................................................... 30!

J.!

Babysitting/ Outside of the YMCA ........................................................ 30!

K.!

Conflict of Interest ........................................................................................... 31!

L.!

Social Media/Personal Expression /Conduct Policy............................................. 31!

M.!

Media Relations .............................................................................................. 31!

N.!

Prohibition against Harassment and Complaint Procedure ................................... 32!

O.!

Use of Association Equipment .......................................................................... 32! 1.! Use of Association Owned Computers/Communication Devices .................... 33! 2.! s ................................................................................................. 33! 3.! Inspection ................................................................................................. 34!

P.!

Record Retention Policy ................................................................................... 34!

Q.

Gifts and Gratuities ............................................................................................ 34!

VIII. SAFETY/SECURITY .................................................................................................... 34! A.!

Workplace Violence Prevention ........................................................................ 34!

B.!

Child Abuse Prevention.................................................................................... 35!

C.!

Smoke-Free Work Environment ........................................................................ 35!

D.!

Occupational Health and Safety ........................................................................ 35!

E.!

Blood Borne Pathogens .................................................................................... 36!

F.!

Material Safety Data Sheets (MSDS) ................................................................. 36!

IX. EMPLOYEE CONDUCT/DISCIPLINE ............................................................................ 36! A.!

Public Relations .............................................................................................. 36!

B.!

Discipline ....................................................................................................... 36!

C.!

Standards of Conduct ....................................................................................... 36! iv


D.!

Whistleblower Policy ....................................................................................... 37! 1. ! Reporting Responsibility ........................................................................... 37! 2.! Questionable Conduct ................................................................................ 37! 3.! Making a Report ....................................................................................... 37! 4.! Whistleblower Protection/No Retaliation ..................................................... 38! 5.! Reporting Procedures for misuse of YMCA assets ........................................ 38! 6.! Disciplinary Action ................................................................................... 38!

X. SEPARATIONS FROM EMPLOYMENT .......................................................................... 38! A.!

Employment-At-Will ....................................................................................... 38!

B.!

Voluntary Separation ....................................................................................... 39!

C.!

Involuntary Separation ..................................................................................... 39! 1.! Termination of Employment ....................................................................... 39! 2.! Reduction in Workforce ............................................................................. 39!

D.!

Exit Interview ................................................................................................. 39!

XI. ACKNOWLEDGMENT .................................................................................................. 40!

v Revised November 2012

I.

INTRODUCTION TO THE EMPLOYEE HANDBOOK

Welcome From the President Welcome to the Anaheim Family YMCA! Our Cause: The Y is a powerful association of people of all ages and from all walks of life ed together by a shared ion: to strengthen the foundations of community. At the Y we focus on: Youth Development: Nurturing the potential of every child and teen. Healthy Living: Improving the nation’s health and well-being. Social Responsibility: Giving back and providing for our neighbors. Our Core Values: Caring, Honesty, Respect and Responsibility Our Mission: To put Christian Principles into practice through programs that build healthy spirit, mind and body for all. Operating Principles: •

Promote sense of belonging.

•

Model and instill character: honesty, caring, respect and responsibility.

•

Help young people become healthy, caring and competent adults.

•

and strengthen families.

•

Embrace diversity, world-mindedness and inclusion.

•

Promote positive life choices and outcomes.

•

Be responsible stewards of assets/resources.

•

Collaborate to meet community needs.

•

Promote and value volunteerism.

•

Seek new opportunities for involvement and service.

You are ing a team of staff (paid and volunteer) who are committed to ensuring that every individual has the opportunity to learn, grow and thrive. Your ability to help us serve others is vitally important to fulfilling our mission, cause and values… and we hope you have fun along the way. Again, welcome! We wish you the best in the YMCA. Paul Andresen, President and CEO 1 Revised November 2012

Handbook Overview This handbook describes and provides a guideline and summary of policies, rules, procedures, and benefits at The Anaheim Family YMCA (also referred to as the “YMCA” or the “Association”). This handbook is not intended as an all inclusive reference resource of employee responsibilities, job duties, and expectations and does not constitute a contract of employment or alter the at will nature of employment. Employees are expected to read this handbook, and to know and understand its contents. The YMCA reserves the right to amend, modify, or eliminate any policy, rule, procedure, or benefit at any time, with or without prior notice. Employees are responsible for knowing about and understanding amendments and changes made to the policy once they have been disseminated. The YMCA also reserves the right to interpret the provisions of this handbook. No employee or volunteer is authorized to make verbal or written agreements outside of official written policy, and any such communication is not binding upon the YMCA or its employees. This handbook may be reviewed on an annual basis and may be changed at any time. This handbook supersedes and replaces all previously existing YMCA personnel policy handbooks, policies, and manuals. Employees must sign the acknowledgment form at the back of this handbook, tear it out, and return it to Human Resources. Questions about the content of this handbook should be directed to the employee’s supervisor or the Human Resources Director, Anaheim Family YMCA, (714) 635-9622. Employment Authority All employed personnel of the Association are legal employees of the Anaheim Family YMCA, a nonprofit public benefit corporation incorporated under the laws of California, whether employed directly by the Board of Directors upon recommendation of the President/Chief Executive Officer (CEO) or under grants of authority to other designees for employing personnel. The Board of Directors employs the CEO of the Anaheim Family YMCA. The CEO is responsible to the Board of Directors for the employment and dismissal of all employees. The CEO may delegate the employment or dismissal of exempt and non-exempt employees to the Department Directors in conjunction with input from the Human Resources Department. II. GENERAL EMPLOYMENT INFORMATION A.

Employment At-Will

All employees are hired “at will” which means for an indefinite and unspecified length of time. Employment is at the mutual consent of the employee and the YMCA. Accordingly, either the employee or the YMCA can terminate the employment relationship at will, at any time, with or without cause or advance notice. Furthermore, only the Board of Directors of the Anaheim Family YMCA has the legal authority to alter the nature of the employment relationship, and then only if done so by written agreement signed by both parties. This at-will statement is the entire agreement between the YMCA and the employee relating to the employment term. There are no implied or expressed contracts for employment. B.

Equal Employment Opportunity and Affirmative Action Policy

The Anaheim Family YMCA has a long standing policy of equal employment opportunity which means the YMCA does not discriminate on the basis of race, religion, color, sex (including pregnancy, childbirth, or related medical conditions), age, marital status, domestic partner status, legally-protected medical condition or information, physical or mental disability, sexual orientation or gender identity, ancestry, national origin, veteran status, genetic information, political ideology or any other classification protected by local, state or federal law. The YMCA is an equal opportunity employer and is committed to an Affirmative Action Program. The YMCA prohibits all forms of harassment, whether or not unlawful, and discrimination in all employment practices and decisions. All job applicants and all employees shall receive equal consideration and treatment. All recruitment, hiring, placements, transfers, and promotions will be on the basis of qualifications of the individual for the positions being filled. All other personnel actions such as compensation, benefits, layoffs/reduction in workforce, returns from layoffs, terminations, and training programs are also istered in accordance with the above. When 2 Revised November 2012

necessary, the YMCA also makes reasonable accommodations for disabled employees and for pregnant employees who request an accommodation for pregnancy, childbirth, or related medical conditions. The objective of the YMCA Affirmative Action and Nondiscrimination program is to, whenever possible, actively recruit and include for consideration for employment of historically disadvantaged groups, including racial minorities, females and the disabled. All decisions on employment and promotions must be made solely on the individual’s qualifications and bona fide occupational qualifications for the job in question, and any reasonable accommodations that may be necessary. The YMCA’s Human Resources Director has been designated as the EEO Coordinator. Inquiries concerning the application of federal and state laws and regulations should be referred to the Human Resources Director. All personnel actions are monitored and analyzed to ensure the adherence of this policy. To achieve the goals of the Affirmative Action Program, each employee of the YMCA understands the importance of the program and his or her individual responsibility to contribute toward its maximum fulfillment. C.

Reasonable Accommodation

The Association will make reasonable accommodations for the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or an employee, unless undue hardship to the organization would result as per applicable law. This section does not prohibit the YMCA from refusing to hire a job applicant or discharging an employee with a physical or mental disability, where the applicant or employee, because of his or her physical or mental disability, is unable to perform his or her essential duties with or without reasonable accommodations, or cannot perform those duties in a manner that would not endanger his or her health or safety or the health or safety of others, with or without reasonable accommodations. Any applicant or employee who believes he or she requires an accommodation in order to perform the essential functions of the job must his or her supervisor or the Human Resources/Risk Management Director and request such an accommodation. Medical certification may be required. (See section VI:C). D.

Open Application/Selection Process

The YMCA is committed to promotion from within, when appropriate. This means the Association will make an effort to select a qualified internal candidate over an external one if the internal candidate is equally or better qualified than the external candidate. Therefore, the Association encourages employees to prepare themselves for promotional opportunities and to seek new positions when they become available. Those who display the interest and proven performance may be considered for additional assignments. E.

Job Vacancies

Job vacancies may or may not be d. The YMCA may transfer and promote qualified personnel from within the organization and all transfer and promotion decisions will be made on the basis of selecting the best qualified person for the job. F.

Orientation

All new employees are required to attend the New Employee Orientation conducted by the Human Resources Department within the first 90 days of employment. This program is intended to provide the new employee with information about the YMCA, its history, facilities, and programs, and will also address such topic as job descriptions, policies and rules, the retirement plan, time keeping requirements, discount programs and other important information.

3 Revised November 2012

G.

Conditions of Employment 1.

Age

For most positions, the minimum age is 18. 2.

I-9 Form

Federal immigration laws require all employers to the identity of each employee and his or her legal right to work in the United States. Documentation of identity and the right to work and the completion of an I-9 Form will be required after an offer of work is made, but before the new employee actually begins to work. Should the Association become aware that an employee does not have the proper authorization to work and remain in the United States his/her employment will be terminated immediately. 3.

Fingerprinting and Background Checks

The Association recognizes the importance of maintaining a safe and productive workplace with honest, qualified, reliable and non-violent employees who do not present a risk of harm to other employees, volunteers or program participants. Therefore, all employees and volunteers must be fingerprinted and cleared by the California Department of Justice (DOJ) and Federal Bureau of Investigation (FBI). In addition, the Child Abuse Index (CAI) is required for licensed facilities. Instructions for obtaining fingerprints will be given at the time of hire and the YMCA will pay the cost. After fingerprints have been processed the results will be received by Human Resources and held confidential. Employment history and personal references may also be checked and verified for the purposes of evaluating the suitability for employment. 4.

Obligation to Disclose Arrest or Conviction

Employment is subject to the results of fingerprinting and background checks. A job applicant, employee, or volunteer may be denied employment, terminated, or separated from the YMCA if, in the Association’s judgment, the criminal history warrants such action. However, the YMCA will not use as a factor in determining any condition of employment including hiring or continued employment: (1) any record of arrest or detention that did not result in conviction, (2) any conviction for which the record has been judicially ordered sealed, expunged, or statutorily eradicated, (3) any misdemeanor conviction for which probation has been successfully completed or otherwise discharged and the case has been judicially dismissed, or (4) any arrest for which a pretrial diversion program has been successfully completed. Employees must notify the Association of any arrests and/or conviction other than minor traffic violations, within five (5) calendar days during the course of their employment. Failure to do so may result in disciplinary action up to and including termination. Employees who have been arrested must complete a criminal arrest /conviction exemption form which will be evaluated by the Executive Management Team and the Human Resources/Risk Management Director. The employee will then be notified of his or her employment status. 5.

Motor Vehicle Reports (MVR)

Any employee hired as a driver or any employee who may have occasion to drive for business related purposes must have a valid California Driver’s License and a Motor Vehicle Report through the Department of Motor Vehicles performed annually which is subject to approval by the Association and/or the Insurance Association. Employees who use their personal vehicles for YMCA purposes must provide a copy of their driver’s license and proof of insurance before driving for business.


6.

Medical Screenings

Offers of employment with the YMCA may be contingent upon successful completion or ing medical screenings which will assess the candidate’s ability to perform the essential functions of the position. Instructions for obtaining the screenings will be given at the time of hire and the YMCA will pay the costs. 7.

Certifications

Employees in some positions will be required to submit copies of transcripts, licenses, certifications, or other documentation and must keep them updated as necessary. Failure to submit this documentation within the time specified may lead to suspension without pay or termination. H.

Job Duties

An employee’s job responsibilities and work hours may change at any time during employment. From time to time, an employee may be asked to work on special projects, perform additional work, work a different schedule, or assist with other work if necessary or important to the efficient operation of the department or the Association. An employee’s cooperation and assistance in performing such additional work is expected. The Association reserves the right, at any time, with or without notice, to alter or change job responsibilities, reassign or transfer job positions, or assign additional job responsibilities. Employees are encouraged to ask their supervisor or Human Resources any questions they have about their job responsibilities and duties. I.

Employment of Relatives

Employees are encouraged to recommend qualified candidates for employment, including relatives. However, relatives normally will not be assigned to positions within the same department or office. Relatives may not work in any direct supervisory relationship or in any position which presents the potential for compromise of ing controls, or any other real or apparent conflict of interest, unless prior written approval is obtained from the CEO. For purposes of this policy, a relative is defined as a spouse, domestic partner who has ed with the State of California, i.e., filed a declaration of domestic partnership with the Secretary of State, parent, stepparent, legal guardian, child, stepchild, sibling, stepsibling, nephew, niece, aunt, uncle, cousin, grandparent, grandchild, in-law, and adoptive relationships of the above relations. J.

Classification of Employees

The Anaheim Family YMCA recognizes the following classifications of employees for payroll and benefit purposes: 1.

Exempt Employees

Exempt employees (executive, istrative, and professional employees) are paid on a fixed salary basis and are not entitled to pay for overtime work (i.e. work in excess of 8 hours a day or 40 hours per week). Thus, exempt employees may regularly be required to work more than 8 hours a day or 40 hours per week. Additionally, the Association may make deductions from an exempt employee’s vacation or sick leave bank for partial-day absences from work. If an exempt employee’s vacation and sick leave banks are exhausted and the employee is absent from work for one or more full days for personal reasons, other than his or her own sickness or disability, the Association may make a deduction from the exempt employee's salary. 2.

Non-Exempt Employees

Non-exempt employees (full and part-time employees) are paid on an hourly basis and are entitled to overtime compensation for any work in excess of 8 hours a day or 40 hours per week.


3.

Full-Time Employees

Employees are considered full-time if they work 40 hours or more per week on a regularly scheduled basis. 4.

Part-Time Employees

Employees are considered to be part-time if they work less than 40 hours per week on a regularly scheduled basis. These employees are not eligible for most employer-sponsored benefits except when provided by contract, grant or funding sources. 5.

Seasonal/Temporary Employees

A seasonal or temporary employee is one who is hired for a specific and/or limited period of time for a short-term need. A seasonal/temporary employee may work on either a part-time or full-time schedule. If this employee is reclassified as a regular part-time or full-time employee, the individual will not become eligible to earn applicable benefits until the effective date of the reclassification. K.

Independent Contractors

The Anaheim Family YMCA occasionally uses independent contractors. These individuals are not employees and are not subject to the provisions of this handbook or the benefits contained herein. L.

Consulting Services

Exempt staff are permitted to provide consulting services to other YMCAs and/or kindred organizations upon prior written approval of the department director. If employees are released from job responsibilities to provide such services and remuneration is received, then the YMCA must be reimbursed any consulting fee received by those employees. If the employee consults during their time-off, then the employee may retain any remuneration. Consulting services should never adversely affect the fulfillment of regular job responsibilities/duties. M.

Employees as Mentors/Volunteers

Full-Time non-exempt employees may serve as mentors or volunteers to the YMCA only for services which are completely different from the job functions for which they are compensated. For example, a member of the office staff may volunteer his/her time to coach a youth sports team. There are no restrictions on exempt employees performing mentoring or volunteer work for the YMCA. Any volunteer activity during scheduled work hours must be approved by the employee’s supervisor/director. N.

Wage and Salary istration

The YMCA maintains a wage and salary istration plan to ensure that all employees are paid according to fair and uniform principles and in relation to the responsibility and value which they provide to the Association’s success. Attempts will be made to pay employees at a level which compares favorably with wages/salaries for comparable jobs in other similar organizations. O.

Performance Evaluation

A performance evaluation is normally conducted annually on dates set by the Association. The purpose is to evaluate the employee’s performance to assist in their continued growth and development and to ensure that goals and objectives are being met through the employee’s work effort. Such performance evaluations will normally be conducted by the employee’s immediate supervisor, documented in written form, and reviewed with that employee. The evaluation will be placed in the employee’s personnel file. Positive performance reviews do not guarantee continued employment, an increase in salaries/wages, or alter the at-will employment relationship.


P.

Wage and Salary Reviews

Salaries and wages will be reviewed at the discretion of the Association. Increases are neither automatic nor guaranteed. Merit-based increases are determined by a number of factors, including performance evaluation and the Association’s financial situation. A salary/wage adjustment due to promotion or demotion may be made at any time. Q.

Issue Resolution Procedure

Occasionally issues arise in any workplace. To assist employees in resolving such issues and to promote a good working environment for all, the Association has adopted the following procedures: 1.

The first step to resolving any job related problem, complaint, or issue is with the employee’s immediate supervisor. This should be done promptly either verbally or in writing. The employee will have an opportunity to discuss the matter in private. The supervisor will investigate the matter and will attempt to arrive at a prompt and equitable solution. In most instances, the problem or issue raised by the employee can be resolved at this level. Note: if an issue arises regarding an employee’s immediate supervisor (including drug, alcohol, substance abuse, child abuse/molestation, child endangerment, harassment, or alleged danger to another employee or program participant), the employee should the Human Resources Director directly.

2.

If the immediate supervisor does not resolve the issue to the employee’s satisfaction, he or she may appeal the decision to the next level of management. The nature of the issue should be specified in writing both to his or her immediate supervisor and to the next level of management. The employee will be given an opportunity to discuss the matter in private. Following a thorough investigation, the employee will receive a decision, which may be in writing. The Association will attempt to maintain an employee’s complaint confidential unless disclosure is required or necessary per applicable law.

3.

If the matter is still not resolved to the employee’s satisfaction, the employee may discuss the issue with Human Resources to reach a resolution. If necessary, the CEO may set up a conference with all concerned parties to resolve the matter. The CEO’s decision will be final and binding. III. PAYROLL/PERSONNEL PRACTICES

A.

Hours of Work

Time schedules and work hours shall be set by the employee’s supervisor and approved by the Department Director. Federal and state laws regulating hours of labor shall govern work schedules. All such schedules shall be determined by the needs of the Anaheim Family YMCA and are subject to variation at any time and without prior notice. Exempt employees are paid a fixed salary that is intended to cover all of the compensation to which they are entitled. Because they are exempt, such employees are not entitled to additional compensation for extra hours of work or time off in lieu of additional compensation. The YMCA does not maintain any compensatory time off plan or arrangement. The work schedules of full-time exempt employees can rarely be limited to a regular number of hours or days per week. Based on a minimum of a 40-hour work week and in consultation with the immediate supervisor, these staff will have work schedules which will enable them to accomplish their job responsibilities. B.

Pay Days and Pay Periods

All exempt employees will receive their paychecks on the 15th of the month for the semi-monthly pay period which ends on that day. Time worked from the 16th of the month through the last day of the month will be paid on the last day of the month. All non-exempt employees will receive their paychecks on the 15th of the month for the semimonthly pay period which goes from the 24th day of the prior month through the 8th day of the current month. Time worked from the 9th of the month through the 23rd of the month will be paid on the last day of the month. If the payday falls on a Saturday, the employee will be paid on the prior Friday. If the payday falls on a Sunday, the 7 Revised November 2012

employee will be paid on the following Monday. If a payday falls on a holiday, paychecks will be distributed on the preceding workday. Paychecks will not be released to persons other than the employee except by prior written authorization. If the employee is not available to receive their paycheck, it will be mailed to them. Should the employee require other arrangements be made regarding their paycheck, it is the employee’s responsibility to their direct supervisor or the payroll/ing department and provide the necessary documentation. The Association is required to withhold a portion of an employee’s pay/earnings for tax or government mandated benefit programs and other mandatory deductions. These legally required deductions include, but are not limited to, the following items: Federal Income Tax, State Income Tax, Federal Social Security Insurance (FICA), Medicare Deduction, State Disability Insurance (SDI), and Court Ordered Deductions (Garnishments) and Tax Liens. Additionally, employees may authorize certain deductions to be made from their paychecks each month for reasons such as, but not limited to, payment of group medical insurance s, additional retirement fund contributions, and Annual Campaign. All deductions, whether they are legally required or voluntary, are itemized on each employee’s paycheck stub. C.

Direct Deposit

The Association offers the option of utilizing direct deposit of wages each payday to any bank, savings and loan, credit union, or any other financial institution of their choice that is a member of the Federal Reserve System. Employees have the ability to split the full deposit amount among more than one . To begin direct deposit, employees must complete a direct deposit form including number(s), financial institution name(s), routing number(s) and amount(s) desired. The first direct deposit normally takes place after an initial “test” pay period to assure all information provided is accurate. D.

Payment on Resignation, Termination, or Completion of Assignment or Term

If an employee resigns, his or her paycheck will be available on the final day of work, provided the employee has given at least 72 hours prior notice. If an employee resigns without giving 72 hours notice, his or her paycheck will be made available within 72 hours after the employee gives notice of the resignation, unless the employee requests in writing that his or her final paycheck be mailed, in which case the YMCA will mail the final paycheck within three days after the employee gives notice. Employees who are terminated involuntarily will be paid on the day of the discharge. If an employee is hired for a specific assignment or otherwise has a defined term of employment, his or her final paycheck will be available upon the completion of the assignment or employment term. In all cases, employees' final paychecks will include payment for all wages owed and any accrued but unused vacation time. 1.

Payroll Records/Timekeeping

The Association maintains payroll and time records of all employees. Both the employee and supervisor are held able for the accuracy of time records which reflect the exact hours and days actually worked. Non-exempt and/or hourly employees are required to fill out a daily time record and/or utilize the computerized AOD (Attendance On Demand) system which accurately records the times the employee arrived at work, left for the meal period (if applicable), returned after the meal period, and left for the day. Time worked must be recorded at the work site either through the AOD system on the site computer or via a paper time record. No mobile devices, including cellular telephones, IPads, Tablets, etc. may be used to record any time worked. No employee is authorized or permitted to record a time record for another employee. Failing to accurately record time worked, altering or falsifying any time-keeping record, allowing someone else to alter your time record, removing any timekeeping record from the designated area without proper authorization or destroying any time keeping records can be cause for disciplinary action up to, and including, termination. Time records must be approved by each employee (non-exempt and exempt) and are then approved by their supervisor at the end of each pay period and are used to compute paychecks. 8 Revised November 2012

2.

Rest and Meal Break Periods

Non-exempt employees working at least three and one-half hours in a day are provided and are required to take a paid 10-minute rest break for each four hours worked or major fraction thereof. Rest breaks may not be combined or added to meal breaks. Rest breaks may not be used to allow an employee to come in 10 minutes late or leave 10 minutes early. The rest break should be taken as near as possible to the middle of each work period (the period before and the period after a meal break).The employee may be required to remain on the work site premises during the rest break. Employees who work in excess of five hours in a day are provided and are required to take a 30-minute unpaid, offduty meal period. Employees will be relieved of all duties and are free to leave the worksite during their meal period. Employees should not perform any work duties during their break periods, however, the YMCA need not ensure that employees do not work during their breaks. It is the employee’s responsibility to take his or her breaks and the YMCA will not police this process. Employees working a shift of six hours or more must be given a meal break between the 3rd and 5th hour of work. Employees who work at least five but no more than six hours in a day may waive the lunch break by mutual written consent of the employee and supervisor. The waiver must state that the employee may, in writing, revoke the agreement at any time. The waiver must also be input on the computerized AOD (Attendance on Demand) system on the day of the occurrence. Rest and meal breaks shall not be taken at the beginning or end of a shift. Employees are expected to return to their workstations promptly after the rest period and/or meal break. E.

Overtime

The Anaheim Family YMCA pays overtime to non-exempt employees in accordance with State and Federal labor laws. All overtime must be authorized in advance and in writing by the immediate supervisor. Only hours actually worked will be used to compute overtime pay. Exempt employees are not compensated for overtime. Overtime work is subject to the same rules and policies as regular work hours relating to attendance, tardiness, rules of conduct and performance. When asked to work overtime, it is expected that employees will do so. All nonexempt employees who work more than eight (8) hours in one workday or more than forty (40) hours in one workweek will receive overtime pay computed as follows: (1) Overtime at the rate of 1! times the employee's regular rate of pay for all hours worked in excess of forty (40) in any one workweek. (2) Overtime at the rate of 1! times the employee's regular rate of pay for the hours worked in excess of eight (8) hours in any one workday up to twelve (12) hours, and for the first eight (8) hours worked on the seventh day of work in any one workweek. (3) Overtime at the rate of double the employee's regular rate of pay for all hours worked in excess of twelve (12) in one workday, and for all hours worked in excess of eight (8) on the seventh day of work in one workweek. Only those hours that are actually worked are counted to determine an employee's overtime pay. Compensated holidays, for example, are not hours worked and are therefore not counted in making overtime calculations. There may be exceptions to the above overtime computations for non-exempt employees who are subject to an Alternative Workweek Schedule.


F.

Expense Reimbursement 1.

Procedures

All employees eligible for reimbursement of approved expenses must keep a record of such approved expenses incurred on behalf of the Association. Approved expenses must be submitted to the supervisor for approval and then to the ing Department for reimbursement within 10 days after the end of the preceding month. 2.

Use of Private Vehicles

Employees who are required to use their own vehicles while on Association business will be reimbursed at a rate consistent with the IRS allowable deduction for business use. The rate is intended to cover expenses including, but not limited to, gas, oil, maintenance, depreciation, and insurance. Reimbursement does not include mileage that would normally be driven between home and the place of work. Employees may be required to use “Google Maps” [©] to print/submit documentation for mileage incurred for reimbursement purposes. Employees should refer to their own additional department specific reimbursement guidelines. 3.

Business Travel

Approved business trips requiring air travel are reimbursed at the least expensive coach fare. Car rentals, mileage, meals, and lodging are also reimbursed with appropriate receipts. Employees should their supervisor for additional travel reimbursement guidelines and procedures. 4.

Training Opportunities for Individual Growth

The Association encourages employees to obtain additional, job-related training to enhance their professional growth. To this end, the Association will reimburse an employee for expenses incurred for certain training programs, subject to the advance written approval of the department director and/or CEO. Employees are paid their full salary/wages while attending required trainings, seminars, workshops, conferences, and meetings. Non exempt employees must comply with the Association’s rest/meal and overtime policies while attending such trainings. For more information about the training program eligibility requirements and employee reimbursement guidelines, employees should their immediate supervisor or the Human Resources Director. 5.

National YMCA Leadership Competency Training Program

Employees may enroll for Leadership Competency trainings with the written approval of their direct supervisor and/or the CEO. These trainings are designed to promote employees to further their YMCA career goals. 6.

Professional hips

The Association encourages active participation in professional societies related to the employee’s scope of work. When hip is for the purpose of officially representing the Association, the employee will be reimbursed for reasonable expenses incurred for hip dues, meals, and fees. Such expenses must be approved in writing, in advance by your immediate supervisor. Dues for appropriate professional hips for an employee who is not officially representing the Association may be paid when such hip is deemed important in carrying out the duties of the job and is approved by the Department Director or designee. The Association will pay a portion of hip dues for those who belong to the Association of YMCA Professionals (AYP) at the discretion of the CEO. 7.

Relocation/Moving Expenses

Generally, a new employee will not be paid for relocation expenses. At the discretion of the CEO, a relocation package may be offered. If offered, specific arrangements and amounts will be contained in the Employment Offer Letter.


8.

Personnel Records

The YMCA shall create a personnel file for each employee hired. That file is maintained during the course of the employee’s employment at the YMCA. A master set of all personnel files shall be maintained at the istration office. It is the employee’s responsibility to notify the Human Resources Department of changes to their name, address, telephone number, marital status, dependents, emergency information and beneficiary designation. Employees who wish to see the contents of their personnel file should make an appointment with the Human Resources Department. Personnel records and other important documents are kept in accordance with the organizational record retention policy and as per applicable law.

G.

Employment Verifications/Inquiries about Employees

The Anaheim Family YMCA may receive inquiries from other companies or individuals about current and former employees. All requests for information on employees or former employees must be referred to the Human Resources Department or the CEO. No one else is authorized to disclose any information, verbal or written, concerning any employee or former employee unless authorized by Human Resources or the CEO. Generally, the Human Resources Department will provide information regarding an employee’s name, job title and dates of employment to perspective employers. H.

Health Insurance Portability and ability Act (HIPAA)

Personal information is collected for a number of reasons including: determining eligibility for health care coverage, providing tests results to an officer of the Association, requirements of government regulatory agencies or companies that require certain tests under contract, determining fitness for duties of the employee’s job, (including a physical exam and drug screening), evaluation of work-related injuries and to comply with workers’ compensation laws, request for accommodation under the ADA, istering leave under FMLA, to comply with OSHA, and similar state laws. Other personal information will be collected when employment begins. Employee personal medical information is maintained in accordance with HIPAA, OSHA, and/or any other state or federal law to protect the privacy of such information. IV. BENEFITS FOR ALL EMPLOYEES A.

YMCA Retirement Fund

As a condition of employment all eligible Anaheim Family YMCA employees, except those hired at 60 years of age or older, must participate in the YMCA Retirement Fund. The Fund provides retirement, permanent disability, and death benefits for its plan participants and their designated beneficiaries upon completion of the eligibility requirements. Employees hired at age 60 or older may choose to participate in the Retirement Fund at their own discretion. If they choose not to participate, they must complete a participation waiver form. Each employee begins to participate in the YMCA Retirement Fund when all of the following eligibility requirements are met. The employee: 1. 2. 3.

Reaches the age of 21, Completes two one-year periods of employment, Completes 1,000 hours of work within each of the two one-year periods of employment.

At the time of enrollment in the Retirement Fund, participants will be fully vested in their personal and YMCA s. The Anaheim Family YMCA established the following contribution rates: 11 Revised November 2012

a. b. c.

Employee Monthly Contribution - 3% of gross earnings Anaheim Family YMCA Monthly Contribution - 7% of gross earnings Total Monthly Contribution - 10% of gross earnings

The Anaheim Family YMCA reserves the right to amend its participation in the YMCA Retirement Fund at any time within the and conditions set by the Board of Directors and the Fund itself. B.

YMCA Retirement Fund Savings s 1.

Tax Deferred Savings -YMCA Retirement Fund 403(b) Smart

Any employee of a participating YMCA can also participate in the voluntary Tax-Deferred Savings Plan by opening a 403(b) Smart regardless of their age, length of service, or hours worked. This allows the employee to save money on a pre-tax basis through payroll deduction. The more money you put in a tax-deferred savings the lower your taxable salary, the less tax you pay and the faster your retirement savings grow. To get benefits of tax deferral, an employee cannot withdraw from their 403(b) Smart before they turn 59 ! or retire. If the employee does, he or she may owe a 10% federal penalty tax on the amount they take out, in addition to any income tax due. However, if the employee is working for a YMCA and is under age 59 !, the employee may withdraw funds from this to help during a financial hardship. 2.

Tax Deferred Savings Plans: Employees may participate in an IRA 403(b)

Employees may participate in an IRA 403(b) plan of their choosing. Voluntary contributions to a 403(b) savings plan may be made by payroll deduction on a pre-tax basis, which will be paid to the selected plan by the Association during the month following after the deduction is taken. There is a limit on the plans available. Please the C.F.O. for information on available plans. For more information about the YMCA Retirement Fund and Voluntary Savings s visit www.yretirement.org. C.

Social Security

All employees are required to participate tly with the Association in the Federal Social Security program. Employees pay for FICA and Medicare by means of a payroll deduction. The Association matches this amount. D.

State Disability Insurance (SDI)

State Disability Insurance (SDI) provides for weekly benefit payments to employees who cannot work because of sickness or injury not related to the job. This benefit is funded by the employee by means of a payroll deduction. Employees who apply for SDI benefits should notify the Human Resources and ing Department of eligibility and payments received. In cases where the employee has accumulated paid sick leave, SDI may be coordinated with sick leave benefits, as long as the total amounts received do not exceed the employee’s regular compensation. If sick leave or vacation time is not available, compensation by the Association ceases until the employee returns to work. Eligibility information may be obtained by ing the Employment Development Department (EDD). E.

Workers Compensation Insurance

Pursuant to California law, the Association maintains Workers Compensation Insurance to provide benefits to an employee for an injury or death arising out of, or in the course of, employment. The Association provides this benefit at no expense to the employee. 12 Revised November 2012

If an employee is injured while working, the employee must immediately report it to their supervisor, regardless of how minor the injury may seem. An incident/injury report must be completed and submitted to the Human Resources Department within 24 hours of the injury. An injured employee may be required to leave work, and/or report to the Association’s designated employee injury clinic for medical care, immediately or at the end of his or her shift. The YMCA has implemented a return-to-work program. Should you become injured, the YMCA wants to assist you in a rapid recovery and in continuing a productive career. To help provide continuing employment to employees with job related injuries, the YMCA, with coordination from a treating physician, will make an effort to offer modified work to injured employees for a number of hours per day that the YMCA may have available as per applicable law. For more information concerning Workers’ Compensation benefits or the return-to-work program, the Human Resources Director. Any person who files or contributes to the filing of a false workers’ compensation claim has committed a crime punishable by imprisonment for up to five years, or by a fine of up to $50,000, or both. Examples of filing a false claim include filing a claim for a nonexistent injury, filing a claim for a non work-related injury, or aiding a coworker in the filing of a false claim. Because fraud harms employers by increasing the already high cost of insurance and harms employees by undermining the legitimacy of all workers’ compensation claims, all employees are expected to do their part in trying to stop such fraud. Filing a false or fraudulent workers’ compensation claim is a violation the Anaheim Family YMCA policy and may result in disciplinary action up to and including termination. F.

Unemployment Insurance (UI)

Employees who are out of work through no fault of their own may be eligible for unemployment benefits. The Association pays the cost of this program. Eligibility is determined by the State Employment Development Department (EDD), to whom all inquiries must be directed. G.

Employee Discounts

Beginning immediately at the time of hire, the Association offers all employees a discount on all Anaheim Family YMCA programs. Current program discount information may be obtained from the Human Resources Department. In some cases, employees may qualify for financial assistance. V. BENEFITS FOR FULL-TIME EMPLOYEES A.

Introduction to Benefits

This section of the handbook provides brief descriptions of some of the employee benefit programs which are sponsored by the Anaheim Family YMCA. More detailed information regarding many of these benefits is contained in plan booklets, group insurance policies, and official plan documents. If there is any real or apparent conflict between the summaries of these benefits included here and the , conditions, or limitations of the official plan documents, the provisions of the official plan documents will be controlling. Employees are encouraged to review these documents for more detailed information. Except where noted, the benefits in this section are available only to full-time employees. B.

Vacation

The Anaheim Family YMCA believes that it is beneficial to both the employee and the YMCA that vacations are taken annually. Rest and relaxation are essential to an employee’s productivity and effectiveness. Upon completion of the 90-day introductory period of employment, vacation will be earned at the following rates:


1.

Vacation for Full-Time Exempt Employees

Length of Employment Hire through 3rd month 4th through 12th month

Days/Hours Earned Per Month 0 0.833 days/6.66 hours

13th month through 3rd year 4th Anniversary of Hire Date through the 5th year 6th Anniversary of Hire Date and thereafter

0.833 days/6.66 hours

Days Earned Per Year N/A 7.5 (1st Year*) 10

1.25 days/10 hours

15


20

*Due to the 90 day waiting period for benefits to be effective, the maximum number of days that can be earned for the first year of employment is 7.5 days. 2.

Vacation for Full-Time Non-Exempt Employees Length of Employment Hire through 3rd month 4th through 12th month 13th month through 5th year 6th Anniversary of Hire Date through the 10th year 11th Anniversary of Hire Date and thereafter

Days/Hours Earned Per Month 0 0.833 days/6.66 0.833 days/6.66 hours

Days Earned Per Year N/A 7.5 (1st yr*) 10

1.25 days/10 hours

15


20

Vacation must be earned before it can be used. If a recognized holiday occurs within an employee’s vacation period, the employee will not be required to use a vacation day. In order to schedule a vacation, employees must submit a request in the AOD system and to their immediate supervisor who must approve it before the time off may be taken. Generally, requests should be submitted as soon as possible but no later than two weeks before the start of the vacation period. While the YMCA will attempt to accommodate vacation requests, time off will be scheduled based upon the needs of the organization and may be denied, rescinded or rescheduled if required by business necessity. 3.

Accrual Cap

Employees are encouraged to use their vacation benefits annually in order to avoid reaching the maximum which may be accrued. Vacation time may not accrue beyond 240 hours or 30 days. Once an employee has reached this accrual cap of earned but unused vacation benefits, the employee will cease to earn this benefit until time off has been taken and accrued vacation has been reduced below the maximum allowed. An employee may request, and, subject to the approval of the Department Director and CEO, cash out up to 50% of his/her unused accrued vacation if at least some of the annual vacation time accrued has been taken during the calendar year. Employees transferring to the Anaheim Family YMCA from another YMCA or rehired to the Anaheim Family YMCA after a break in service of not more than 2 years will be entitled to vacation accrual based upon their total years of continuous full-time YMCA service, which will begin immediately after the transfer to, or re-employment with the Anaheim Family YMCA. Any exception must be approved by the CEO. Accrued unused vacation will be paid upon termination. 14 Revised November 2012

An employee does not accrue vacation time while on a leave of absence for any reason. C.

Holidays

The Anaheim Family YMCA observes the following holidays: New Years Day

Labor Day

Martin Luther King Day

Thanksgiving Day

President’s Day

Day after Thanksgiving

Memorial Day

Christmas Eve

Independence Day

Christmas Day

While the offices are generally closed on these holidays, childcare programs may operate as usual on President’s Day, the day after Thanksgiving, and Christmas Eve. All full-time employees will begin receiving holiday benefits upon hire. Holiday pay is equivalent to one eight hour workday. At any time, a full-time employee may be required to work on a holiday. If so, he or she will be given an alternative day off which will be scheduled with the prior approval of the CEO. If a recognized holiday occurs on Saturday, it is observed on the preceding Friday. A recognized holiday occurring on Sunday is observed on the following Monday. If a recognized holiday occurs during vacation, it will not count as a paid vacation day but will be paid as a holiday. A schedule of holiday dates which are observed by the Anaheim Family YMCA shall be issued annually by Human Resources with approval from the CEO. Employees on leave of absence, for any reason, are not eligible for holiday pay. D.

Personal Day

Full-time employees will be granted one day per calendar year for their own personal use. The day should be scheduled in advance, when possible, must have the approval of the supervisor before it can be taken, and must be taken before the end of the calendar year. For example, Lincoln’s Birthday, Veteran’s Day, etc. are not part of the regular holiday schedule, and only one of these days may be taken as a Personal Day. E.

Health Insurance

Upon completion of 90 days of employment, the Association offers full-time employees a health care, vision, and dental plan. The Anaheim Family YMCA will pay a portion of the health insurance s for eligible employees. The remaining amount will be taken out in the form of employee payroll deductions. If the employee selects the HMO insurance option and wishes to include a spouse, ed domestic partner, and/or other dependents, the employee will pay an additional portion of the health insurance s. If the employee selects the PPO (Preferred Provider Option) insurance option for either medical and/or dental for themselves, spouse, ed domestic partner, and/or other dependents, the YMCA will pay the same amount as if the employee had selected the HMO insurance option. The remaining amount will be deducted in the form of employee payroll deductions.


Human Resources for more specific information regarding information which is subject to change. Notice of changes will be made to all employees in advance of changes to s/contributions. Refer to insurance documents provided by Human Resources for further information on specific benefits. Full time regular employees will be eligible for enrollment following the 90-day introductory period of employment. F.

COBRA

In accordance with the Consolidated Omnibus Budget Reconciliation Act (COBRA) regulations, employees will receive notification of COBRA rights upon commencement of health coverage. Upon termination, resignation, death, or reduction in employee’s hours, covered employees and their covered dependents will be given the opportunity to continue the same insurance coverage as when they were employed, at their own expense. The COBRA will charge an additional 2% istrative fee. The employee may continue this coverage for the maximum the law currently allows from the date of change in employment status. The employee has 60 days from the date of termination of employment to elect this coverage. G.

Sick Leave

The Association provides paid sick leave benefits to all full-time employees. Sick leave is accrued at the rate of 6.66 hours per month, or ten days per year. Unused sick leave may be accumulated to a maximum of 480 hours or sixty days. Once the employee has reached this maximum, no additional sick leave benefits will be earned. No sick leave benefits will be provided prior to the date they are earned. Employees may use sick leave for the following reasons: 1. 2. 3.

Personal illness or injury, which prevents the employee from working; To care for a child, parent, spouse, or ed domestic partner which is considered “Kin Care”; and Medical, dental or vision appointments which cannot be scheduled outside of regular working hours, IF scheduled and approved in advance by the employee’s supervisor.

In order to be paid for sick leave, the following procedures must be followed: 1. 2. 3. 4.

Employees must give as much prior notice as possible of the need to be absent and must follow the Association’s notification procedure. Medical evidence of the illness/injury and/or medical certification of the employee’s fitness to return to work satisfactory to the Association may be required after three consecutive days of sick leave or three sick days in a given week. Employees must log their absence(s) in the AOD (Attendance on Demand) system the day they return to work. Any misrepresentation regarding sick leave is grounds for immediate termination of employment.

Sick leave may be paid to an employee who is receiving workers’ compensation benefits. The employee must Human Resources for more information about coordinating accrued sick leave with workers’ compensation benefits. After the paid sick leave benefit has been exhausted, non-exempt employees will not be paid for the absence. Exempt employees who are absent from work due to illness will be required to use accumulated sick leave in full or partial day increments. In the event that paid sick leave is exhausted, salaries will be reduced when the employee is absent for a whole day. Payment for sick leave will be calculated at the employee’s regular rate of pay, and will be made only for qualifying absences falling within the employee’s normal workweek, exclusive of overtime.


Employees who are off work for an extended period due to an illness or injury which is not work related are encouraged to apply for California State Disability Insurance with the Employment Development Department. Sick leave payments will be reduced by the amount of the benefit the employee receives from the State. A physician’s verification will be required indicating the beginning date of disability and the date on which the employee is certified to be able to return to work listing any work restrictions. The YMCA may require additional information from the physician, including but not limited to, the duration of the work restrictions, clarification of the work restrictions, and the employee’s ability to perform the essential functions of the position with or without reasonable accommodation. Sick leave does not accrue during any leave of absence, has no cash value and unused sick leave will not be cashed out for any reason, nor will it be paid upon termination. Employees transferring to the Anaheim Family YMCA from another YMCA or rehired to the Anaheim Family YMCA after a break in service of not more than 2 years will be entitled to sick leave accrual based upon his or her total years of continuous full-time YMCA service, which will begin immediately after the transfer to, or reemployment with the Anaheim Family YMCA. Any exception must be approved by the CEO. H.

Bereavement/Funeral Leave

In the event of the death of an immediate family member (spouse, ed domestic partner, parent, stepparent, legal guardian, child, stepchild, sibling, stepsibling, nephew, niece, aunt, uncle, grandparent, grandchild, in-law, and adoptive relationships of the above relations), a full-time employee may request up to 3 days off with pay. Documentation may be required. Additional time off for bereavement purposes may be provided at the YMCA’s discretion, which must be requested and approved in writing by a Director, and will be deducted from the employee’s vacation accrual. If no vacation is accrued, any such additional time off for bereavement will be time off without pay. VI. LEAVES OF ABSENCE The YMCA provides (1) family care, medical, and military family leave for up to 12 or 26 weeks per year, depending on the reason, in accordance with California's Family Rights Act ("CFRA") and the federal Family and Medical Leave Act of 1993, as amended ("FMLA"); (2) pregnancy leave for up to four months in accordance with the California Fair Employment and Housing Act ("FEHA"); (3) disability leave as required to reasonably accommodate employees with a workplace injury or a qualified disability or serious medical condition under the Americans with Disabilities Act ("ADA") or the FEHA; and (4) leave for other legally required absences as set forth below. A.

Family Care, Medical and Military Family Leave 1.

Eligibility

To be eligible for family care, medical, and military family leave, an employee must have worked for the Association for at least twelve months prior to the date on which the leave is to commence and have worked at least 1,250 hours in the twelve (12) months preceding the leave. An employee returning from fulfilling his or her National Guard or Reserve military obligation will be credited with the hours of service that would have been performed but for the period of military service in determining the 1,250 hours of service. In the case of a pregnancy disability or other legally protected disability or medical condition or work-related injury, an employee may not need to satisfy all of the above requirements and should consult Human Resources.


2.

Permissible Uses of Family Care, and Medical/Military Leave

"Family care and medical leave" may be requested for (1) the birth or adoption of an employee's child; (2) the placement of a foster child with the employee; (3) the serious health condition of an employee's child, ed domestic partner, spouse, or parent; or (4) an employee's own serious health condition. A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee's job, or prevents the qualified family member from participating in school or other daily activities. The term "serious health condition" ordinarily does not cover short-term conditions for which treatment and recovery are very brief since such conditions generally would be covered by the Association’s sick leave policy. Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than three consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment. "Military exigency leave" may be requested when there is a qualifying military exigency as defined by the U.S. Department of Labor arising out of the fact that an employee's spouse, child, or parent is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces. Qualifying military exigencies include the following: •

Short-notice deployment where the employee may take leave to attend any issue that arises from the fact that a covered military member is notified of an impending call or order to active duty seven or less calendar days prior to the date of deployment. Leave taken for this purpose can be used for a period of seven calendar days beginning on the date the covered service member receives the notification.

•

Military events and related activities where the employee may take leave to attend to any official ceremonies, programs or events related to the call to active duty and to attend to family , assistance programs, or informational briefings related to the call to active duty.

•

Childcare and school activities where the employee may take leave to arrange for alternative childcare or to provide childcare on an urgent, immediate need basis when the need arises from the call to active duty, to enroll or transfer a child to a new school, to attend meetings with school or daycare facility staff regarding disciplinary measures, parent-teacher conferences, or meetings with school counselors.

•

Financial and legal arrangements where the employee may take leave to make or update financial or legal arrangements related to the covered service member’s absence, such as preparing powers of attorney, wills, transferring bank s, and the like, or appearing or acting on behalf of the absent service member in matters related to military benefits.

•

Counseling where the employee may take leave to attend counseling, the need for which arises from the call to active duty of the covered service member.

•

Rest and recuperation where the employee may take up to five days of leave to spend time with a covered service member each time the service member is on short-term rest and recuperation leave during the period of deployment.

•

Post-deployment activities where the employee may take leave for a period of up to 90 days following the termination of the deployment to attend arrival ceremonies, reintegration briefings and events, and other official ceremonies or programs provided by the military, or to address issues that arise out of the death of a covered service member.

Additional activities where the employee may take leave to address other events that arise out of the call to active duty as the Association and the employee may agree as to both timing and duration. 18 Revised November 2012 •

3.

Substitution of Paid Leave

Employees may use accrued vacation time, sick leave and one paid personal day for all family care, medical leaves, and military leaves. Employees may elect to substitute sick leave to attend to an illness of a child, parent, spouse or domestic partner of the employee or for other types of family care leave. 4.

Amount of Leave a.

Family Care, Medical, and Military Caregiver Leave

Provided all the conditions of this policy are met, an employee may take a maximum of 12 weeks of family care, medical, and military exigency leave in a rolling 12-month period measured backwards from the date the employee's leave commences. Employees who are unable to work due to pregnancy disability will be granted the greater of 12 weeks leave or the amount of leave to which the employee may be entitled under California state law for a pregnancy-related disability or in connection with childbirth. Family care leaves for the birth, adoption, or foster care placement of a child must be concluded within one year of the birth, adoption, or placement. b.

Military Caregiver Leave

Provided all the conditions of this policy are met, an employee may take a maximum of 26 weeks of military caregiver leave in a single 12-month period, inclusive of the time the employee takes for a family care, medical, or military exigency leave during that period. This 12-month period will be measured forward from the first day leave is taken. Spouses who are both employed by the Association may take a maximum combined total of 26 weeks in the 12month period for the care of the service member and the birth, adoption, or foster care of their child or to care for an ill parent, provided that no more than 12 weeks of this combined 26-week period may be taken for reasons other than to care for the service member. c.

Intermittent Leave

Medical leave for the employee's own serious health condition, family care leave for the serious health condition of the employee's spouse, parent, or child, and military caregiver leave may be taken intermittently or on a reduced schedule when medically necessary. Where the intermittent or reduced schedule leave is for planned medical treatment, the employee must make an attempt to schedule the treatment so as not to disrupt unduly the Association's operations. Where the family care leave is to be taken in connection with the birth, adoption, or foster placement of a child, the minimum duration for each period of leave is two weeks, except that the employee may request leave of less than two weeks duration on any two occasions. Military exigency leave also may be taken intermittently or on a reduced schedule. 5.

Leave's Effect on Pay

Except to the extent that other paid leave is substituted for family care, medical, and military family leave, leave under the FMLA and the CFRA is unpaid. However, employees may be entitled to California State Disability Insurance (SDI). Employees also may be entitled to Paid Family Leave (PFL) (discussed below) for up to six (6) weeks in any twelve month period to care for qualifying family . PFL must be taken concurrently with family care leave and does not entitle an employee to take any additional time off. 19 Revised November 2012

6.

Leave's Effect on Benefits

During an employee's family care, medical, and military family leave, the Association will continue to pay for the employee's participation in the Association’s group health plans, retirement plan, and supplemental unemployment benefit plans, to the same extent and under the same and conditions as would apply had the employee not taken leave. Thus, the employee must continue to pay his or her share of the health plan s during the leave. If the employee substitutes paid leave for unpaid leave, such payments will be deducted from the employee's pay through the regular payroll deductions. Otherwise, the employee must make arrangements with the Association for the payment of such s. All other benefits will be governed in accordance with the of each benefit plan and are the sole responsibility of the employee. If the employee fails to pay his or her share of the s during leave, or if the employee fails to return from the leave at the expiration of 12 weeks (or 26 weeks in the case of a military caregiver leave) for a reason other than the recurrence, continuation, or onset of a serious health condition for which leave under this policy is allowed or other circumstances beyond the employee's control, the Association may recover from the employee its share of allowable s paid to maintain coverage. Use of FMLA leave will not result in the loss of any employment benefit that accrued prior to the start of an employee's leave. 7.

Procedure for Requesting Family Care, Medical and Military Family Leave a.

Notice Requirements

Employees must notify the Association of their request for family care, medical, military exigency, or military caregiver leave as soon as they are aware of the need for such leave. For foreseeable family care, medical, and military caregiver leave, the employee must provide 30 calendar days' advance notice to the Association in writing, where possible, of the need for leave. For events that are unforeseeable 30 days in advance, the employee must notify the Association as soon as is practicable and generally must comply with the Association's normal call-in or notice procedures. If the leave is requested in connection with a planned, non-emergency medical treatment, the employee must make an attempt to schedule such treatment so as to avoid unduly disrupting Association operations, and may be requested to reschedule the treatment so as to minimize disruption of the Association's business. If an employee fails to provide the requisite 30-day advance notice for foreseeable events without any reasonable excuse for the delay, the Association reserves the right to delay the taking of the leave until at least 30 days after the date the employee provides the required notice of the need for family care or medical leave. All requests for family care, medical, military exigency, and military caregiver leave should include enough information to make the Association aware that the employee needs qualifying leave, and the anticipated timing and duration of the leave, if known. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances ing the need for military family leave. Employees also must inform the Association if the requested leave is for a reason for which FMLA leave was previously taken or certified. Any requests for extensions of leave under this policy must be received as soon as is practicable and must include the revised anticipated date(s) and duration of the leave. To the extent permitted by law, the Association reserves the right to deny requests for extensions or deny reinstatement to an employee who exceeds the leave amounts provided by this policy or fails to provide requested medical certification. In addition, if you have a disability, you may be eligible for leave under the Americans with Disabilities Act (ADA) or state law. For more detailed information on extended leaves, please Human Resources. 20 Revised November 2012

Once the Association is aware of the employee's need for leave, it will inform the employee whether he or she is eligible under the FMLA. If the employee is eligible, the notice will specify any additional information required as well as the employees' rights and responsibilities. If the employee is not eligible, the Association will provide a reason for the ineligibility. b.

Certification

Any request for medical leave for an employee's own serious health condition, for family care leave to care for a child, spouse, domestic partner or parent with a serious health condition or for a serious injury, or for military caregiver leave must be ed by medical certification from a health care provider. For military caregiver leave, the employee must provide confirmation of a family relationship to the seriously ill or injured service member. Employees generally must provide the required certification within 15 calendar days after the Association's request for certification. For foreseeable leaves, employees must provide the required medical certification before the leave begins. When this is not possible, employees must provide the required certification within 15 calendar days after the Association's request for certification, unless it is not practicable under the circumstances to do so, despite the employee's good faith efforts. The medical certification for a child, spouse, domestic partner or parent with a serious health condition or for the serious injury or illness of a qualifying service member must include (a) the date on which the serious health condition or serious injury or illness commenced; (b) the probable duration of the condition or injury or illness; (c) the health care provider's estimate of the amount of time needed for family care; (d) the health care provider's assurance that the health care condition or injury or illness warrants the participation of the employee to provide family care; and (e) in the case of intermittent or reduced schedule leave where medically necessary, the probable duration of such a schedule. The medical certification for leave for the employee's own serious health condition must include (a) the date on which the serious health condition commenced; (b) the probable duration of the condition; (c) a statement that, due to the serious health condition, the employee is unable to perform the essential functions of his or her position; and (d) in the case of intermittent leave or reduced schedule leave where medically necessary, the probable duration of such leave. In addition, the certification may, at the employee's option, identify the nature of the serious health condition involved. Failure to timely provide the required certification may result in the denial of foreseeable leave until such certification is provided. In the case of unforeseeable leaves, failure to timely provide the required certification may result in a denial of the employee's continued leave. Where the employee's need for leave due to the employee's own serious health condition, or the serious health condition of the employee's covered family member, lasts beyond a single leave year, the Association may require the employee to provide a new medical certification in each subsequent leave year. Any request for an extension of the leave also must be ed by an updated medical certification. For military caregiver leave, the Association will accept Invitational Travel Orders (ITOs) or Invitational Travel Authorizations (ITAs) in lieu of a medical certification form. It is the employee's responsibility either to furnish a complete and sufficient certification or to furnish the health care provider providing the certification with any necessary authorization from the employee or the employee's family member in order for the health care provider to release a complete and sufficient certification to the Association to the employee's leave request. If the Association has reason to doubt the validity of the medical certification provided by the employee, the Association may require the employee to obtain a second opinion from a doctor of the Association's choosing at the Association's expense. If the employee's health care provider providing the original certification and the doctor providing the second opinion do not agree, the Association may require a third opinion, also at the Association's expense, performed by a mutually agreeable doctor who will make a final determination. It is the employee's responsibility to furnish his or her health care provider with the necessary authorization for the disclosure of medical 21 Revised November 2012

information to the doctor(s) who will provide the second and third opinions. If the employee fails to provide the necessary authorization, the request for leave may be denied. 8.

Designation of Protected Leave

Once the Association has enough information to determine whether the leave is FMLA-qualifying, the Association will inform the employee if leave will be designated as FMLA-protected and, if known at that time, the amount of leave that will be counted against the employee's leave entitlement. If the Association determines that the leave is not protected, the Association will notify the employee. 9.

Return to Work Certification

Where the leave is for the employee's own serious health condition, the Association requires the employee to provide medical certification that he or she is fit for duty and able to return to work. The Association may delay restoring the employee to employment or terminate the employee without such certificate. 10.

Leave's Effect on Reinstatement

Employees timely returning from a leave covered under this policy are entitled to reinstatement to the same or equivalent position. An employee has no greater right to reinstatement than if he or she had been continuously employed rather than on leave. The Association will comply with all applicable laws pertaining to reinstatement of employees, including where required, the reasonable accommodation of employees who have been on an approved leave. The Association complies with applicable family care, medical leave, and military family leave laws. Under the FMLA it is unlawful for any employer to: interfere with, restrain, or deny the exercise of any right provided under the FMLA; or discharge or discriminate against any person for opposing any practice made unlawful by the FMLA or for involvement in any proceeding under or relating to the FMLA. If an employer has done so, an employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer. The FMLA does not affect any federal or state law prohibiting discrimination, or supersede any state or local law or collective bargaining agreement that provides greater family or medical leave rights. If you have questions, or would like further clarification about your rights under the FMLA or other types of leave, please the Human Resources Department. B.

Pregnancy-Related Leave and Disability Rights 1.

Leaves of Absence and Transfers

Any employee who is disabled on of pregnancy, childbirth, or related conditions may take a pregnancyrelated disability leave for the period of actual disability of up to four months, in addition to any family care or medical leave to which the employee may be entitled under Section A of this policy (Family Care, Medical and Military Family Leaves). Pregnancy-related disability leaves may be taken intermittently, or on a reduced-hours schedule, as medically necessary. Moreover, an employee is entitled to reasonable accommodation for pregnancy, childbirth, or related medical conditions if she so requests and provides the Association with medical certification from her health care provider. In addition to other forms of reasonable accommodation, a pregnant employee is entitled to transfer temporarily to a less strenuous or hazardous position or to less hazardous or strenuous duties if she so requests, the transfer request is ed by proper medical certification, and the transfer can be reasonably accommodated.


2.

Substitution of Paid Leave for Pregnancy-Related Disability Leave

An employee taking pregnancy-related disability leave must substitute any available sick pay for her leave and may, at her option, substitute any accrued vacation time for her leave. The substitution of paid leave for pregnancyrelated disability leave does not extend the total duration of the leave to which an employee is entitled. 3.

Leave's Effect on Benefits

During an employee's family care, medical, and military family leave, the Association will continue to pay for the employee's participation in the Association's group health plans, to the same extent and under the same and conditions as would apply had the employee not taken leave. Thus, the employee must continue to pay his or her share of the health plan s during the leave. If the employee substitutes paid leave for the unpaid leave, such payments will be deducted from the employee's pay through the regular payroll deductions. Otherwise, the employee must make arrangements with the Association for the payment of such s. All other benefits will be governed in accordance with the of each benefit plan and are the sole responsibility of the employee. The Association may recover from the employee the that the Association paid to maintain coverage for the employee under the group health plan if the employee fails to return from leave after the period of leave has expired and the employee's failure to return is for a reason other than: (i) the employee is taking leave under the California Family Rights Act; (ii) the continuation, recurrence, or onset of a health condition that entitles the employee leave for pregnancy disability or other circumstances beyond the employee's control. Employees on Pregnancy-Disability leave will accrue employment benefits, such as sick leave, vacation leave, and seniority only when paid leave is being substituted for unpaid leave and only if the employee would otherwise be entitled to such accrual. Employee benefits may be continued during the unpaid portion of the Pregnancy-Disability leave according to the provisions of the Company's various employee benefit plans. 4.

Other and Conditions of Leave

The provisions of the Company's Family Care, Medical and Military Family Leave policy regarding the leave's effect on pay [Section B(5)], notice requirements [Section A(7)(a)], medical certification requirements [Section A(7)(b)] and reinstatement [Section A(11)] also apply to all pregnancy-related disability leaves and leaves taken under the CFRA. For the purpose of applying those provisions, an employee's pregnancy-related disability is considered to be a serious health condition. C.

Other Disability Leaves

In addition to medical or pregnancy-related disability leaves described in Sections A and B above, employees may take a temporary disability leave of absence if necessary to reasonably accommodate a workplace injury or disability or medical condition under the ADA or the FEHA. Any disability leave under this section will run concurrently with any other medical leave to which the employee is provided. Disability leaves under this section will be unpaid. Employees taking disability leave must comply with the Family Care, Medical and Military Family Leave provisions regarding substitution of paid leaves (Section B(3)), notice (Section B(7)(a)) and medical certification (Section B(7)(b)). For the purpose of applying these provisions, a disability leave will be considered to be a medical leave.


If a disability leave under this section extends beyond 12 weeks in a 12-month period, the employee will not be entitled to any continued employer contributions toward the employee’s benefit plan unless otherwise required by law. An employee, however, may elect to continue participating in such benefit plans, at the employee's own expense, to the extent permitted by such plans. In no event shall the leave extend past the date on which an employee becomes capable of performing the essential functions of his or her position, with or without reasonable accommodation. For a full explanation of leave duration and reinstatement rights, employees should the Human Resources Director. D.

Paid Family Leave Insurance (PFL)

The Paid Family Leave (PFL) insurance program makes it easier for employees to balance the demands of workplace and family care needs at home. It provides an employee some compensation to care for parents, children, spouses, and domestic partners (who have ed with the State of California, i.e., filed a declaration of domestic partnership with the Secretary of State) or to bond with a minor child within one year of the birth or placement of the child in connection with foster care or adoption. It covers all employees who are covered by State Disability Insurance (SDI). It offers up to six weeks of benefits in a twelve month period and provides benefits of approximately 55% of lost wages. The program is funded through mandatory payroll deductions for all employees. The program is istered by the Employment Development Department (EDD). As with all time off from work, employees must request time off from their Director and Human Resources, in writing. Detailed information about eligibility for benefits can be obtained by ing either Human Resources or the EDD. Paid Family Leave Insurance does not provide job protection or return to work rights. E.

Organ and Bone Marrow Donor Leave

All qualifying employees are permitted a leave of absence with pay for up to 30 (thirty) workdays for purposes of organ donation, and up to 5 (five) workdays for bone marrow donation. Employees returning from an organ or bone marrow donation leave will be returned to the same position they held before the leave or to an equivalent position. This leave does not run concurrently with a leave of absence taken pursuant to either the FMLA (Family Medical Leave Act) or the CFRA (California Family Rights Act). The employer will also continue to pay all applicable health benefits during the leave and the leave does not constitute a break in service for purposes of seniority, vacation or sick leave accrual, salary or the benefits of employment. The YMCA can require qualifying employees to use up to two weeks of accrued but unused vacation or sick leave for purposes of an organ donation leave, and up to five days of available vacation or sick leave for purposes of bone marrow donation. This leave does not run concurrently with a leave of absence taken pursuant to either the Family Medical Leave Act (FMLA) or the California Family Rights Act (CFRA). F.

Jury Duty

Upon receipt of a summons to jury duty, the employee must immediately notify his/her supervisor and the Human Resources Director. Should the Association determine that jury duty service would unduly impact the needs of the Association, the Human Resources Department will send a letter to the court requesting a delay of service. Full-time employees may take up to 10 days off with pay per calendar year for jury duty. Once the jury duty has exceeded 10 days, non-exempt employees will cease to be paid by the YMCA but their position will be held. Following the initial 10 days of paid jury duty, exempt employees shall not be paid in any week in which no work was performed. If the employee is released from partial-day jury duty, he/she must report to work. G.

Court Appearances

An employee must notify his/her supervisor and the Human Resources Department immediately upon receipt of a summons to appear in court to comply with a subpoena or to serve as a court witness, or if he/she is a victim of 24 Revised November 2012

domestic violence and requires time off to obtain court relief for the employee or the employee’s child(ren). The employee shall be granted this time off without pay. H.

Voting Policy

If a voter does not have sufficient time outside of working hours to vote at a statewide election, the voter may, take up to two hours off with pay in order to vote. The time off for voting shall be only at the beginning or end of the regular working shift, whichever allows for the most free time for voting and the least time off from the regular working shift, unless otherwise mutually agreed. If an employee, on the third working day prior to the day of an election, knows or has reason to believe that time off will be necessary to be able to vote on election day, the employee shall give the employer at least two working days’ notice that time off for voting is desired in accordance with the provision of California Elections Code Section 14000. I.

Military Duty/Leave

The YMCA complies with applicable state and federal law concerning leaves of absence for military service and spousal military leave. The employee’s notice for military leave should be submitted in writing promptly and accompanied by a copy of the employee’s orders indicating the beginning and ending dates of the employee’s duty period. Employees on a military leave of absence are guaranteed the right to re-employment and continued seniority upon completion of their military service. J.

Military Leave

An employee who is assigned to a U.S. Military Armed Forces Reserve organization and is subject to active or inactive duty training will be granted leaves of absence without pay, generally for up to two weeks. An employee may use his or her accrued, unused vacation benefits for all or part of an unpaid leave of absence for Reserve training to supplement his or her military pay so as to equal the amount of pay that would have been received from the Association during the leave of absence. Any portion of a leave that occurs after all available accrued vacation benefits have been used will be without pay. A military leave of absence without pay will be granted to an employee who is called to active duty in the U.S. Military Armed Forces. An employee returning from military duty shall be offered re-employment in accordance with the Uniformed Services Employment and Re-Employment Rights Act of 1994 (RA). If an employee fails to notify the Association of his or her intent to return to work within the time period allowed by law, the employee will be considered to have resigned and his or her employment may be terminated. K.

Military Spousal Leave

The spouse of a qualified member of the military service who works an average of 20 or more hours per week will be allowed up to 10 days of time off to be with spouses on leave from combat zones for each occasion of such leave. To be eligible, the employee must notify the Association within two business days after receiving official notice that the service member spouse will be deployed. The employee must also provide official documentation (usually a set of military orders) certifying that the spouse is actually on leave from active duty during the same time period the leave is requested. There is also no requirement that the service member on leave actually return home, so the employee spouse may choose to meet the service member at another location during the leave period. Although military leave is taken on an unpaid basis, the employee may request that accrued vacation be paid not to exceed the number of days missed from work during the period of absence. L.

Volunteer Firefighter, Reserve Peace Officer, and Emergency Rescue Personnel

Nonexempt employees will be granted time off [without pay] to perform emergency duties as a volunteer firefighter, reserve peace officer, or emergency rescue personnel. [Employees who are volunteer firefighters also are eligible for leave of up to 14 days per calendar year for fire or law enforcement training.] Exempt employees who work any portion of a workweek in which they also perform such emergency duties or training will receive their full salary for 25 Revised November 2012

that workweek. Otherwise, exempt employees will be granted time off without pay. Employees may substitute vacation pay for any unpaid portion of leave to perform such emergency duties or training. M.

Personal Leave

While not required by law, the Anaheim Family YMCA will consider granting a personal leave of absence under compelling circumstances. An employee may request a personal leave without pay, for up to 20 consecutive days, with the possibility of an extension. Requests for a personal leave of absence will be considered on the basis of the employee’s length of service, performance, responsibility level, reason for the request, and the expected impact on the Association. All requests must be submitted in writing and must be approved in writing by the Department Director, the Human Resources Director and the Chief Executive Officer. The employee is responsible for the cost of his/her group health/dental/vision insurance s during a personal leave of absence. Failure to pay the s will result in termination of coverage on the last day of the month during which the leave begins, and the employee will be subject to a waiting period for reinstatement of benefits upon return to work. If coverage is terminated for non-payment of s, the employee will receive notification of COBRA benefits eligibility. Upon return from a personal leave, every effort shall be made to place the employee in the same or a comparable position to the one held before the leave began. However, return to employment is not guaranteed and is subject to the employee being able to perform the essential functions of the job with or without reasonable accommodation, as well as he needs of the Association. If re-hired within a period of six months following such termination, the employee shall be given full credit for prior service. N.

Leave for School Visits

An employee who is also a parent or guardian with primary custody of a child in kindergarten through twelfth grade may take up to 40 hours off without pay each school year to participate in school activities, provided that no more than 8 hours are taken in any calendar month, reasonable notice is given of the planned absence, and the employee’s supervisor approves the time off in advance. The employee has the option of using accrued vacation or taking the time off without pay. An employee who is the parent or guardian with primary custody of a child in kindergarten through twelfth grade, who has been suspended from school, may be allowed time off to appear at the school in conjunction with that suspension. The employee has the option of using accrued vacation or taking time off without pay. O.

Additional Leaves

The Association complies with all State and Federal laws when granting leaves of absence. Employees may also request leaves for reasons such as: 1.

Drug or alcohol rehabilitation, participating in adult literacy education, seeking protection from domestic violence, or sexual assault, and being a victim of a violent crime, an immediate family member of a victim, a ed domestic partner of a victim, or the child of a ed domestic partner of a victim.

2.

Employees who need leaves or who have questions about their eligibility for the various leaves of absence described herein are encouraged to their Director and the Human Resources Director. Employees should also refer to the Labor Law postings on leaves of absence in the istration or Human Resources office.


VII. WORK RULES A.

Attendance/Punctuality

To be successful, the YMCA requires the active contribution of all employees. The YMCA expects employees to be reliable and to be punctual in reporting for scheduled work. Absenteeism and tardiness place a burden on other employees and the organization. Therefore, employees must arrive at their job location and be ready to start work at their assigned shift time and dressed appropriately. They should also be ready to resume work on time after authorized rest and meal periods. The employer may determine that absenteeism or tardiness is excessive if, based on all the facts and circumstances, it is found disruptive to the employer or co-worker(s). Absenteeism or tardiness that is determined to be excessive may lead to disciplinary action up to and including termination of employment. B.

Reporting an Absence

Should an employee find that he or she is unable to report to work when expected to be on duty, the employee must personally call his or her immediate supervisor as soon as possible prior to normal reporting time. In the event the immediate supervisor cannot be reached, the second level of supervision shall be called and the employee must leave a message regarding the nature of the absence or tardy and a telephone number where he or she can be reached if the supervisor cannot be reached. Employees may not email, text or instant message their supervisor to report an absence. (Refer to the department/site specific policy regarding the reporting of absences). A physician’s note may be required upon three (3) consecutive days of absence. Regular or excessive absenteeism or failure to follow this absence reporting policy will lead to disciplinary action up to and including termination of employment. C.

Job Abandonment

If an employee DOES NOT call and DOES NOT report to work for two days, or provide a physician’s note where required, the Association will assume the employee has abandoned his or her position and such employment may be terminated. D.

Vehicle Use

An employee using his or her vehicle for YMCA business must carry public liability insurance covering property damage and bodily injury at the minimum required by law. For your own protection, as well as the YMCA, the recommended limits should be $100,000 per person and $300,000 per accident. Automobile coverage should have no exclusions for driving on behalf of the employer. In addition, coverage must include underinsured and uninsured motorists. You must also have a valid California driver’s license in good standing. Tickets for traffic or parking and similar violations are the responsibility of the employee. Accidents during working hours must be reported to the employee’s immediate supervisor and Human Resources within 24 hours or the next business day. Employees are not to use personal vehicles to transport program participants. Only in an emergency situation, with prior authorization from the Department Director or CEO, can there be deviation from this policy. Violation of this policy may be considered grounds for disciplinary action up to and including termination of employment. Employees having authorization to drive a YMCA owned vehicle for business purposes must never use the vehicle for personal use. E.

Drug and Alcohol Substance Abuse Policy

Drug and alcohol substance abuse in the workplace is detrimental to the health and safety of the , other employees/volunteers and YMCA programs and activities. It also contributes to increased employee/volunteer absenteeism, tardiness, medical costs and decreased productivity. As a result, the YMCA has established the following substance abuse policy.


The YMCA is committed to maintaining a drug and alcohol free workplace. The YMCA prohibits the use, sale, possession or distribution of any controlled substance, alcohol, or related paraphernalia while at work, on YMCA property, while operating a YMCA owned vehicle or while conducting YMCA business. Furthermore, no employee/volunteer may continue to work while under the influence of drugs or alcohol. (This policy shall not apply in special situations where the Association serves alcohol in relation to holiday functions or other celebrations. In these cases, alcohol consumption must be approved in advance by the CEO and conducted in accordance with such approval, keeping in mind that the employee is representing the YMCA at all such events.) In accordance with this policy all employees/volunteers are subject to substance abuse testing under the various conditions described herein. In addition, when there is reason to believe an employee/volunteer has violated this policy, the Association may conduct a legal search of persons, their personal belongings, and work spaces for drugs, alcohol and related paraphernalia. 1.

Grounds for Testing

Substance abuse tests (drug screens) will be conducted under the following circumstances: a.

Pre-Employment All employees will be drug tested at the time of hire. The employee is hired subject to satisfactory completion of a drug test. This also includes employees who transfer within the YMCA.

b.

Reasonable Suspicion Drug testing will be conducted on all employees/volunteers when there is a reasonable suspicion that:

2.

a.

An employee’s/volunteer’s impaired job performances or accident involving a YMCA vehicle was caused by the consumption of drugs or alcohol either at or outside the workplace;

b.

An employee/volunteer is under the influence of drugs or alcohol while on the job; or

c.

An employee/volunteer possesses or is distributing or selling alcohol, drugs or related drug paraphernalia at the workplace.

Discipline

The following procedures will apply following a determination by the YMCA to conduct drug testing of an employee/volunteer: a.

The employee/volunteer may not return to work and will be excluded from entering any YMCA facility or participating in any YMCA sponsored program or activity until the test results are available (normally not to exceed 4 business days). While off work, the employee will be placed on unpaid istrative leave pending the results of the testing;

b.

If the test results are negative, the employee/volunteer may return to work immediately after the results are known to the YMCA, with no loss of pay for the period they were on suspension awaiting the results;

c.

If the test results are inconclusive or show a “weak positive” or a “weak negative”, a second test may be istered.

d.

If the test results are positive or if the employee/volunteer refuses to submit to drug testing, the employee/volunteer is to be immediately suspended (without pay) from all duties until further 28


disciplinary action is taken by the appropriate YMCA Human Resources officer up to and including termination. e.

Disciplinary action may be reduced or not imposed at all if it is determined by the appropriate Human Resources officer that the employee/volunteer has a plausible and reasonable explanation, such as a medical condition. Additionally, employees/volunteers who test positive may be referred to a substance abuse professional. Such a referral and/or completion of a drug rehabilitation program do not guarantee further employment or a reduction in discipline.

f.

Possession, sale, use or distribution of drugs or their related paraphernalia in the workplace, when operating a YMCA vehicle, or while conducting YMCA business, will result in immediate disciplinary action up to and including termination.

3.

Searches

In addition to the procedures described above, the YMCA reserves the right to conduct nonconsensual searches of an employee’s/volunteer’s belongings, workplace locker, desk, work area or person. Such searches would be associated with a reasonable belief the employee/volunteer has possessed, sold, distributed, or used illegal drugs while at a YMCA facility or YMCA sponsored event or activity. Any illegal material (such as drugs, weapons, etc.), will be confiscated and provided to local law enforcement authorities. 4.

Rehabilitation

If an employee/volunteer voluntarily informs management that he or she has a substance abuse problem and wishes to seek rehabilitation, he or she may not be subject to disciplinary action or disciplinary action may be reduced under the following conditions, as determined by the appropriate Human Resources officer: a.

Employee/volunteer informs management prior to causing an event which necessitates a drug test, that he or she has violated the YMCA’s substance abuse policy.

b.

It is the first instance which the employee/volunteer comes forward to notify management of this problem.

c.

Employee/volunteer successfully completes a drug rehabilitation program approved by the Los Angeles Superior Court for Penal Code § 1000 or Proposition 36 sentencing. The YMCA will assist employee/volunteer in obtaining such information.

5.

Prescriptive Medications

Employees/volunteers may continue to work after using prescriptive medications for health care reasons which do not impair their performance or impact the safety of themselves or others. Any employee/volunteer taking any legal drug, either prescribed or over-the-counter, which might impair safety, performance, or any motor functions must advise his/her supervisor before reporting to work while taking such medication. If the supervisor and human resources director determines that such use does not pose any safety risk, the employee/volunteer will be permitted to work. 6.

Acknowledgment and Consent

All employees and applicants subject to testing under this policy will be asked to sign a form acknowledging the procedures governing testing, and consenting to (1) the collection of a urine sample for the purpose of determining the presence of alcohol or drugs, and (2) the release to the Association of medical information regarding the test results. Refusal to sign the agreement and consent form, or to submit to the drug test, will result in the revocation of an applicant's job offer, or will subject an employee to discipline up to and including termination. 29 Revised November 2012

F.

Dress Code

As representatives of the Anaheim Family YMCA, all employees are expected to dress in a professionally appropriate manner. This includes good grooming and personal hygiene. Additional clarification and questions regarding the specific department or work site’s dress code should be directed to the immediate supervisor. G.

Cellular Telephone Policy

By law, it is unlawful to drive a motor vehicle while using a wireless cellular telephone without a device that permits hands-free listening and talking while driving. All Anaheim Family YMCA employees who may drive during Association time or for Association business are prohibited from using a cellular telephone without a hands-free listening and talking device, and from texting while driving. Texting includes writing, sending, or reading a text-based communication using an electronic wireless communications device while driving. A text-based communication includes a text message, instant message, or electronic mail. While the YMCA understands the importance of being accessible, it is not necessary to be accessible while driving. You are not expected to make/receive any business related phone calls or text-based communications while driving. Phone calls and text-based communications may be returned when you have reached your destination. Your safety and the safety of your engers as well as other drivers and pedestrians take precedence over any other concern. As with any traffic violation, employees who are charged with any violations resulting from their use of a cellular telephone of any kind while driving will be solely responsible for any liabilities, fines, etc. that may result. Please refer to your department specific policies regarding cell phone usage during work hours. H.

Cellular Phones with Cameras

The taking of photographs and transmitting feature available on most cellular telephones may not be used for any reason in the workplace, or on Association property, unless specifically authorized by the employee’s department Director and for business purposes only. The Marketing/Communications staff is authorized to photograph employees/program participants who have a signed release on file. NOTE: Staff that are provided a cellular phone device may be subject to tax implications. I.

Non-Fraternization

In order to promote the achievement of the Anaheim Family YMCA’s mission, and to avoid the appearance or perception of favoritism, whether actual or not, it is inappropriate for any supervisor, manager, director, or executive staff, to pursue romantic or intimate relationships with employees who they directly supervise or who are in the same reporting structure. As with all personal relationships among the workforce, the employer maintains the right to become involved if and when any off duty behavior by an employee(s) creates any inappropriate or adverse consequences or issues for the Association. If this occurs, then the employee(s) can be subject to disciplinary action up to and including termination of employment. It is also inappropriate for an employee to have or involvement with program participants outside the scope of the employee’s or volunteer’s duties. Such conduct is also prohibited in accordance with the Association’s policy for the prevention of child abuse. J.

Babysitting/ Outside of the YMCA

You may not be alone or communicate with children you meet in YMCA programs outside the YMCA. This includes babysitting, sleepovers, driving, or riding in cars, inviting children to your home, going to their home, text messaging, e-mailing, instant messaging, or any online communication. Any exceptions require a written explanation before the fact and require prior approval. 30 Revised November 2012

K.

Conflict of Interest

Employees must avoid any conflict, or any appearance of conflict, between their own interests and the interests of the Association. The following examples are considered to be in conflict with the Association’s interests: 1.

For any employee to have proprietary interest in any organization which has or is seeking to have business dealings with the Association.

2.

For any employee to solicit for personal gain commissions, gifts, travel, or other materials or services from any organization, firm, or individual doing or seeking to do business with the Association.

3.

For any employee to have an outside business, elected office, financial interest, or activity which, in the Association’s judgment, may be perceived as interfering with the interest of the YMCA, or which may be perceived as interfering with the employee’s ability to perform his/her assigned job duties.

4.

For any employee to have a business interest which is in direct competition with the Association.

5.

For any full-time employee to engage in any outside employment without notifying his/her supervisor.

6.

For any employee to use or give to anyone information obtained from the YMCA, such as participant, employee, or volunteer lists to conduct personal business.

In all cases where there is the potential of a conflict of interest, the employee must disclose the facts in writing to the Human Resources Director who, along with the CEO, will determine whether a conflict does indeed exist and how the matter should be resolved. Questions of whether an issue should be disclosed are to be resolved in favor of disclosure. L.

Social Media/Personal Expression /Conduct Policy

Employees are free to exercise their rights as citizens, including the right to express their personal convictions on social, economic, religious, or political issues. However, employees must refrain from giving the impression that the views expressed and positions taken by them are those of either the Anaheim Family YMCA or other employees, nor should their public statements contain any detrimental comments or information about the YMCA. This includes the usage of the YMCA name in any internet exchange. YMCA symbols, emblems and stationery may not be used for such expressions. While employees have freedom of expression with personal Internet blogs, websites or social networking sites outside of the employment with the YMCA, care must be taken with any direct or indirect reference to the YMCA, its employees or program participants. Even postings with a positive slant might contain misleading or inaccurate information. It is important to exercise good judgment in any public forum to help ensure that the YMCA identity and reputation is never unknowingly portrayed in an objectionable light. Employees are expected to conduct their personal affairs in a manner consistent with the YMCA Character Development pillars of caring, honesty, respect, and responsibility in such a way that does not adversely affect the Association’s or their own integrity, reputation or credibility. Please refer to the full Social Media Policy received at time of hire. M.

Media Relations

The Communications Department solely initiates and manages with all media, including television, radio, newspapers and regional monthly publications. Promotion of newsworthy events and activities for feature coverage in local media outlets must be coordinated through the Communications Department. In an emergency communications situation or any time a media representative requests information directly from a staff member or 31 Revised November 2012

volunteer, that individual must consult their supervisor, who will the Communications Department immediately for counsel and . N.

Prohibition against Harassment and Complaint Procedure

The Anaheim Family YMCA endeavors to provide a work environment which is free of unlawful discrimination and harassment. Harassment in any form, including sexual harassment, harassment based on race, color, age, gender, sexual orientation, national origin, or any other characteristic protected by State or Federal law is prohibited whether it is exhibited verbally, visually, or physically. This policy applies to all employees, as well as others with whom the YMCA conducts business. Examples of prohibited harassment include: 1. 2. 3. 4. 5.

Verbal conduct, such as derogatory comments, slurs, unwanted sexual advances, invitations, or epithets, Visual conduct, such as derogatory posters, cartoons, drawings, or gestures, Physical conduct, such as assault, blocking normal movement, interference with work directed at an employee because of the employee’s sex or other protected characteristic, Threats or demands to submit to sexual requests in order to keep one’s job or avoid some other loss, and offers of job benefits in return for sexual favors, Retaliation for having reported unlawful harassment or for participating in an investigation of unlawful harassment.

With this policy, the Association prohibits not only behavior which violates the laws against harassment, but also behavior which is considered by the employer to be inappropriate in the workplace. All employees are responsible to ensure a workplace free of harassment. Toward that end, all supervisory level staff receives two hours of harassment prevention training at least every two years to gain a better understanding of how to prevent harassment and how to deal with harassment if it should ever occur. Furthermore, any employee who is subjected to offensive comments or conduct should tell the offending person that the behavior must stop immediately and report the conduct to their immediate supervisor. However, if the employee is not comfortable advising the offending person or their immediate supervisor, or if the offending conduct does not stop, the employee must the Human Resources Department. Upon receipt of a report or complaint by the Human Resources Director, prompt investigation and corrective and/or preventative action will be taken. In addition, any other employee, supervisor, or manager who becomes aware of any such objectionable conduct by any employee, supervisor, manager, vendor, or program participant must immediately advise the Human Resources Director to ensure that such conduct does not continue. If the YMCA determines that unlawful discrimination has occurred, appropriate disciplinary action up to and including termination of employment will be taken. O.

Use of Association Equipment

The Association provides desks, cabinets, office equipment, telephones, cellular telephones, computers, computer memory, communication equipment, and office supplies for work-related use. These and other equipment and fixtures remain the sole property of the Association. Upon separation, all YMCA property including but not limited to equipment, computers, records, keys, pagers, cellular phones and chargers, uniforms, and ID cards must be returned to the YMCA. Damage caused to or failing to return YMCA property may require the employee to reimburse the YMCA for the loss. Only Association provided locks may be used on Association equipment and fixtures. 32 Revised November 2012

1.

Use of Association Owned Computers/Communication Devices

The Anaheim Family YMCA provides certain employees with access to and stewardship over Association owned computers under the following and conditions:

2.

a.

No changes of any kind to the software or hardware of the computer system are to be made unless instructed to do so by the Association’s Information Technology Department (IT) or Department Director.

b.

Employees are not to move any computer system without the written approval of their immediate supervisor and approval from the IT department.

c.

Employees are not allowed to copy or place any other software on a computer system other than the Association’s standard software packages. Any software on a computer that is not approved Association standard software, whether legally licensed or not, will be removed and discarded to prevent copyright infringement and violations of software licensing agreements.

d.

E-mail resources are to be used to conduct YMCA business. Subject to the supervisor’s discretion, occasional, limited, and appropriate personal use of the YMCA’s resources are permitted during an employee’s break or meal period, when the use does not (1) interfere with the ’s work performance; (2) interfere with any other ’s work performance; (3) have an adverse impact on the operation of the network resources; or (4) violate any other provision of this policy or any other policy, guideline, or standard.

e.

Electronic communications must be conducted in a professional and courteous manner. s should exercise good judgment when creating, distributing, or forwarding messages electronically. Employees may not use e-mail, interoffice mail, cellular telephone messages/text messaging or any other Association communications to send any material (including photos & video) which violates the Association’s policy against discrimination and harassment or is inconsistent with the YMCA’s core values and mission. Offensive content which includes any intimidating, hostile or offensive material on the basis of sex, race, color, age, religion, national origin, sexual orientation, disability, or any other protected characteristic under federal or state law is a violation of this policy and will not be tolerated. In addition, crude, vulgar, or pornographic material may not be received, sent, or accessed on any computer, e-mail, or other Association property.

f.

In order to enforce these policies, computers, Internet, voice-mail, cellular telephone messages/text messages, and e-mail usage may be monitored by the YMCA, including retrieving, listening to, and/or reading voice-mail, cellular telephone/text messages, e-mail messages, and other computer files, and monitoring of telephone communications. Therefore, voicemail, e-mail messages, cellular telephone messages/text messages, and other use of YMCA computer and communications equipment is not confidential, and even though employees may be issued a private or other private access code to to the voice-mail and/or computer, there should be no expectation of privacy with regard to employee use of these Association owned equipment/systems.

g.

Employees assume all responsibility for any operating manuals received with the equipment. Operating manuals are to be kept with the equipment at all times.

s

s are designed to maintain the confidentiality of the Association’s business related information and to give employees access to all or part of the Association’s computers, electronics, facsimiles, and/or telephone systems as part of their work functions. s are not designed to provide confidentiality of any personal messages or 33 Revised November 2012

documents. Employees are to keep s secure and confidential at all times and not add any supplementary s or security features above those that are part of the YMCA network of computer systems. 3.

Inspection

To protect the interests of the Association, its employees, and program participants, Association property must be available for inspection at all times. The Association reserves the right to open and inspect desks, cabinets, computers, computer memory (including all e-mail), communications systems (including voicemail, cellular telephone messages/text messages), other furniture and office equipment as well as contents, effects, or articles they contain. Such an inspection can occur at any time, with or without advance notice, consent, or the employee’s presence. A director or an executive designated by the CEO can conduct the inspection. Anyone who fails to cooperate in any inspection will be subjected to disciplinary action up to and including termination of employment. The Association is not responsible for any personal property which is lost, stolen or destroyed while on any Association or Association related premises. P.

Record Retention Policy

The Record Retention Policy is for the Anaheim Family YMCA to enhance it’s compliance with all applicable laws and regulations and to promote the proper treatment of corporate records. The YMCA expects all officers, directors, and employees to comply fully with any published records retention policy and/or schedule. A “Recordkeeping and Document Retention Schedule” will identify and list each document and its retention period. YMCA management will periodically review and determine whether or not any additional documents need retention or if a change is needed to the period of time for retention for those listed in the schedule. Changes may be made to this policy at the sole discretion of the YMCA without notice to employees. Employees receive the policy at time of hire. Q.

Gifts and Gratuities

Employees may not solicit gifts and may not accept gratuities or tips. Gifts of modest value may be accepted.

VIII. SAFETY/SECURITY A.

Workplace Violence Prevention

The YMCA recognizes the importance of maintaining a safe workplace. In the interest of the safety and well-being of all, the YMCA prohibits violence, both in the workplace and in areas under the YMCA’s control. Violence in the workplace will not be tolerated. The YMCA believes that prevention of workplace violence begins with recognition and awareness of potential early warning signs and has established procedures for responding to any situation that presents the possibility of violence. Workplace violence includes, but is not limited to: • • • • • • •

Acts of physical assault; Acts which threaten physical assault; Acts of intimidation; Behavior indicating potential for violence, including throwing objects and brandishing weapons; Acts which endanger the safety of others; Acts of destruction of property; Any substantial threat to destroy property.

Bringing weapons of any kind on the premises is strictly prohibited. All threats are viewed with the assumption that they will be carried out. Any employee who threatens another employee, supervisor, program participant, or 34 Revised November 2012

otherwise engages in such prohibited behavior, even as a joke, is subject to legal action and disciplinary action up to and including immediate termination of employment. Any employee who witnesses or is aware of any act of violence or threat, or who observes uninvited individuals loitering near the premises, should immediately report such incidents to their supervisor and the Human Resources Director, without fear of any reprisal. The safety of each employee and each participant is the YMCA’s biggest concern during any crime that could take place in the workplace. The safety of the employee or participant is much more important to the YMCA than the fate of the criminal or the Association’s property. Any person harmed or in fear of imminent harm should security/law enforcement immediately. B.

Child Abuse Prevention

A principal endeavor of the YMCA is to provide a healthy, safe atmosphere for the growth and development of youth and children. Because of its concern for their welfare, the YMCA has developed policies, standards, guidelines, and training to aid in the detection and prevention of child abuse. All employees receive training in recognizing, reporting, and preventing child abuse. As required by law, Section 11166 of the Penal Code requires all licensed child care employees to be mandated reporters. The Association policy is that all child care employees are mandated reporters. As such, any suspected child abuse shall be reported to the supervisor and to proper law enforcement authorities in accordance with applicable laws and approved policies. C.

Smoke-Free Work Environment

As required by law, YMCA work areas must remain smoke free. Employees and visitors are not permitted to smoke in YMCA facilities or work areas. Employees who wish to smoke must limit their smoking to break or meal periods. For more information concerning available designated smoking areas at a specific work site, employees should their immediate supervisor. D.

Occupational Health and Safety

Each employee is responsible for becoming familiar with the YMCA’s Safety and Injury/Illness Prevention Plan. A safe, healthy, and environmentally sound workplace for all employees is accomplished through a variety of activities including safety education and training on the use of certain equipment and job instruction. Employees should refer to their department’s specific safety guidelines and emergency procedures for further information so they are fully informed and aware. Unsafe conditions must be immediately reported to the supervisor. The employee must also report all accidents, no matter how minor, and become familiar with the location of first aid kits, fire extinguishers, and evacuation/emergency procedures. YMCA requires that all equipment and machinery is in proper working condition and safe to work with at all times. The supervisor must be notified immediately of any equipment breakdown as soon as it occurs. Faulty equipment may not be used until it is repaired by a qualified technician. Employees are expected to follow these general safety requirements: • • • •

Dress appropriately for work including the proper footwear; Keep immediate work area safe and free of any hazards and report all incidents and accidents to their supervisor including suspicious behaviors and those of strangers in and around YMCA program areas Do not move or lift heavy (greater than 25 lbs.) objects above chest height without assistance; and Do not use any furniture to stand on


Additionally, all employees are expected to complete the required employee safety orientation, position specific safety training, and hazardous exposure training as outlined in the Association’s Injury/Illness Prevention Program. Failure to follow work safety requirements and rules may result in disciplinary action up to and including termination. E.

Blood Borne Pathogens

The YMCA complies with all Federal OSHA requirements for the training of staff on Blood Borne Pathogens Standards. The YMCA seeks to minimize the risk of exposure by training those employees who may encounter blood borne pathogens in the course of their work. The YMCA subscribes to the concept of “universal precautions” which means that all employees are required to treat all human blood or other body fluids as if it were contagious. Universal precautions mean that employees are expected to exercise work practice controls and to use personal protective equipment when necessary. Employees must report any exposure incident. In addition, the YMCA provides an exposure control plan, medical response, post-exposure evaluation and follow-up. F.

Material Safety Data Sheets (MSDS)

A Material Safety Data Sheets (MSDS) record notebook of all workplace chemicals is kept at the Reception desk and all program sites and is available to employees for their inspection and review. IX. EMPLOYEE CONDUCT/DISCIPLINE A.

Public Relations

Making a favorable impression on people both within the organization and outside the YMCA is always to our benefit. A good reputation affects the growth and success of the Association and increases opportunities for all. Each employee’s manner and appearance, in addition to his/her technical ability, contribute to the overall impression that co-workers, customers and the general public have of the YMCA. It is hoped that the conduct, actions and speech of employees, both on and off the job, will reflect favorably on the YMCA. B.

Discipline

On occasion, it may become necessary to warn an employee regarding his/her performance, conduct, attitude, or for some other reason. Supervisors shall document all disciplinary actions. This system is intended to give employees advance notice, whenever possible, of problems with their conduct or performance in order to provide them an opportunity to correct any problems. While the YMCA attempts to notify employees when their performance or behavior is unsatisfactory, no formal system of warning or progressive discipline is required and the employer may elect to discharge any employee at any time without notice or opportunity to correct. The individual circumstances, nature of the offense, and the employee's prior work record shall be used among other factors to determine the appropriate action to be taken. Disciplinary actions shall not be limited to, but may take any one of the following forms: • • • •

C.

Counseling session Verbal or written warning Withholding of wage increase Disciplinary probation

• • •

Suspension with or without pay Termination Transfer, demotion, or reduction in working hours

Standards of Conduct

Anaheim Family YMCA expects its employees to use good judgment, perform well, and follow established rules and procedures. It may be helpful, however, to give some examples of the types of conduct that are NOT permitted. 36 Revised November 2012

The following list is not complete nor is it in order of importance but does provide examples of behavior that is not acceptable and will result in disciplinary action up to and including termination: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. D.

Failure to meet performance and job standards Disregard of Association policies or other related State and Federal governmental regulations Breach of confidentiality including, but not limited to the release of confidential information about the Association or its customers Falsifying or making a material omission on any Association record Insubordination Abusive or profane language Theft or damage to Association property Endangering the health or safety of participants or other staff Violation of the Association’s rules against unlawful harassment, including but not limited to sexual harassment, whether verbal, physical, or visual Reporting to work under the influence of drugs or alcohol or use, possession, manufacture, distribution, or dispensation on Association premises or during working hours Reporting for work in a condition rendering one unfit to work Illegal or immoral conduct that brings unwanted attention to the YMCA Gross negligence Child abuse, molestation, or display of any inappropriate behavior Violation of safety rules/policies Internet misuse: inappropriate sites (pornographic and/or violent sites) and any use that adversely affects work performance (See Use of Assoc. Equipmt.) Conviction of felony Violence, threats, and/or possession of weapons on Association premises or during work hours Other misconduct

Whistleblower Policy

The Anaheim Family YMCA follows a Code of Ethics which requires officers, directors, and employees to observe high standards of business and personal ethics in the conduct of their duties and responsibilities. As employees and representatives of the organization, we must practice honesty and integrity in fulfilling our responsibilities and comply with all applicable laws and regulations. The Whistleblower Policy of the Anaheim Family YMCA is intended to provide a mechanism for the reporting of suspected or actual unethical or illegal activity or the misuse of YMCA assets while protecting the employees who make such reports from retaliation. 1.

Reporting Responsibility

It is the responsibility of all employees to comply with the Code of Ethics and to report violations or suspected violations in accordance with this Whistleblower Policy. Volunteers and consultants are also encouraged to report any violations or suspected violations. 2.

Questionable Conduct

This policy is designed to address situations in which an employee suspects another employee has engaged in illegal acts or questionable conduct involving the YMCA. This conduct might include outright theft (of equipment or cash), fraudulent expense reports, misstatements of any s to any manager or to the YMCA’s auditors, or even an employee’s conflict of interest that results in financial harm to the YMCA. The YMCA encourages staff to report such questionable conduct and has established a system that allows them to do so anonymously. 3.

Making a Report

If an employee suspects unethical or illegal conduct or behavior or conduct involving any violation of the law, he or she may report it, anonymously if the employee wishes, and will be protected against any form of harassment, intimidation, discrimination, or retaliation for making such a report in good faith. 37 Revised November 2012

Employees can make a confidential report to any of the following YMCA executives at any time: chief executive officer, chief financial officer, or the director of human resources. The YMCA may conduct an investigation into matters reported, keeping the informant’s identity as confidential as possible to conduct a full and fair investigation. Employees can make a report by calling the Board Chair if the conduct involves the Chief Executive Officer. Their names and phone numbers are available at the YMCA istration Office front desk. 4.

Whistleblower Protection/No Retaliation

Any employee who has made a report of suspicious conduct and who subsequently believes he or she has been subjected to retaliation of any kind by any YMCA employee is directed to immediately report it to the Chief Executive Officer, the Chief Financial Officer, or the Director of Human Resources as appropriate. Reports of retaliation may be investigated in a manner intended to protect confidentiality as much as practicable, consistent with a full and fair investigation. The YMCA strongly disapproves of and will not tolerate any form of retaliation against employees who report concerns in good faith regarding the YMCA’s operations. Any employee who engages in such retaliation is subject to discipline up to and including termination. 5.

Reporting Procedures for misuse of YMCA assets

The reporting procedure is intended to describe the process through which concerns about the possible misuse of YMCA assets are handled pursuant to the YMCA’s Whistleblower Policy. a. b.

c.

d.

6.

An employee makes a report of suspected misuse of YMCA assets by reporting in person to a YMCA executive, or reporting anonymously to the Board Chair or the Audit Committee Chair. The report is promptly reviewed by the Chief Executive Officer, as well as the Chief Financial Officer, unless one of them is allegedly involved in the misconduct, in which case the report should be reviewed by only one of them. (If both of them are alleged to be involved, the report should go directly to the Board Chair or the Audit Committee Chair.) The report will be investigated and forwarded to the Audit Committee Chair. Alternatively, the report may be referred to the appropriate executive or manager for follow-up. Each complaint is fully investigated, and as far as possible handled so as to protect the privacy of the employee making the complaint. A written report of the outcome of each investigation may be prepared and delivered to the Chief Executive Officer or Board Chair. The Chief Executive Officer and/or Board Chair decides whether the report involves a matter that is material. If it is deemed material, it is reviewed by the Board Executive Committee, which may forward it for disposition to the board or may direct senior management to take actions to resolve the situation. If the report is deemed nonmaterial, it is not reviewed by the committee but is instead addressed by the Chief Financial Officer, as appropriate.

Disciplinary Action

Any staff member violating the Policy/Code will be subject to disciplinary action, up to and including reprimand, suspension, and termination, and could be subject to civil or criminal legal proceedings. X. SEPARATIONS FROM EMPLOYMENT A.

Employment-At-Will

It must be ed that employment is at the mutual agreement of the employee and employer. Consequently, either the employer or the employee can terminate the employment relationship at will, at any time, with or without cause, and with or without advance notice.


B.

Voluntary Separation

A voluntary separation is one that is initiated by the employee. The departing employee should submit a letter of resignation stating the reason for leaving and the date the resignation becomes effective. Notice of resignation should not be made via text messaging. A two week notice is requested for Non-Exempt employees; a four week notice is requested for Exempt employees. The YMCA reserves the right to accept the resignation of an employee immediately upon receiving notice thereof. C.

Involuntary Separation

An involuntary separation is one that is initiated by the Association for one of the following reasons: 1.

Termination of Employment

The decision to terminate an employee will be carefully made but will not require advance warning or notice or cause (refer to Standards of Conduct). 2.

Reduction in Workforce

A reduction in workforce may be imposed by the employer including, but not limited to, changes in programs, budget allocations, change or elimination of state and federal funding, relocation of operations, automation of work previously done by hand, or re-organization. D.

Exit Interview

An exit interview may be conducted with the departing employee by his/her immediate supervisor for the following purposes: 1.

To allow terminating employees to communicate their views verbally and/or in writing via the Exit Interview Form pertaining to their work with the Association, the job requirements, operations, or training needs, and to give suggestions they may have for improving employment conditions.

2.

To review group insurance conversion privileges, COBRA, and other pertinent employee benefit matters.

3.

To have the employee sign and receive a copy of the Employee Separation Form.

4.

To reclaim any YMCA property.

5.

To issue forms or other materials as may be required by state or federal laws including any change of address for tax purposes (W2).

6.

To arrange for distribution of termination paychecks, if any, to the employee.


XI. ACKNOWLEDGMENT I acknowledge that I have received a copy of the Anaheim Family YMCA’s Employee Handbook and understand that it contains information on YMCA policies and on my obligations as an employee. I take responsibility for reading and familiarizing myself with the material in this handbook. I am aware that during the course of my employment confidential information may be made available to me. During my employment and in the event of termination of employment, whether voluntary or involuntary, I hereby agree not to utilize or exploit this information with any other individual or Association. I agree to abide by the contents of this handbook and failure on my part to do so may be grounds for disciplinary action up to and including termination of employment. I understand that the employer may change, supplement, or rescind any of the policies, benefits, or practices described here at its sole discretion, with or without advance notice. I further acknowledge that employment with the Anaheim Family YMCA is for no specific period of time.

I

understand and acknowledge that I am employed on an “at-will” basis and employment is based upon the mutual consent of the YMCA and myself, and either party can terminate the employment relationship at will, at any time, with or without cause, advance warning, or notice. I understand that the policies contained herein do not create any contractual rights or obligations and shall not be construed as guaranteeing employment for a specified period of time. I understand that my signature below indicates that I have read and understand the above statements and that a copy of this acknowledgment will be kept in my personnel file. I understand that this Acknowledgment contains a full and complete statement of the agreements that it recites and supersedes all previous agreements. Employee Signature: ____________________

Date: _____________________

Employee’s Printed Name: __________________

Position:___________________


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