Employee Handbook and Policy Guide...Jan 01, 2019 · available to me at the CLC office to be reviewed. The Community Living Centers, Inc. (CLC) Employee Handbook (the “Handbook”)

Employee Handbook and Policy Guide

Effective as of: 1/1/2019

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Contents Purpose of this Handbook .............................................................................................................. 6

Purpose, History, Mission and Philosophy of the Organization ..................................................... 7

Mission Statement .......................................................................................................................... 7

Employee Handbook Acknowledgement ....................................................................................... 8

Handbook Changes and Waiver Clause .......................................................................................... 9

At-Will Status of Employment ...................................................................................................... 10

Equal Employment Opportunities ................................................................................................ 11

Open Door Policy .......................................................................................................................... 11

Complaint Resolution Procedure .................................................................................................. 11

Management Rights ...................................................................................................................... 12

Unlawful Harassment.................................................................................................................... 13

• Examples of harassment may include one or more of the following: .................................... 13

• Examples of sexual harassment may include one or more of the following: ......................... 14

Complaint Procedure .................................................................................................................... 14

• Resolving the Complaint ......................................................................................................... 15

If Violation Found .......................................................................................................................... 15

If No Violation Found .................................................................................................................... 16

If No Determination Possible ........................................................................................................ 16

Substance Screening ..................................................................................................................... 17

• Policy Purpose ......................................................................................................................... 17

All Employees ................................................................................................................................ 17

• Substance Screen Procedure .................................................................................................. 18

• Refused or Delayed Substance Testing ................................................................................... 19

Medical Evaluations ...................................................................................................................... 19

Good Moral Character and Criminal Histories .............................................................................. 19

• 330.1723 Suspected abuse of recipient or resident; report to law enforcement agency. .... 24

• Resident Rights ....................................................................................................................... 25

• Incidents and Accidents .......................................................................................................... 26

• Reporting of Suspected Abuse, Neglect or Exploitation ......................................................... 27

• Reporting of Criminal Abuse ................................................................................................... 28

• Mistreatment ......................................................................................................................... 28

Employee Conduct ........................................................................................................................ 30

• Ethics ....................................................................................................................................... 30

• Guidelines for Appropriate Conduct ....................................................................................... 30

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• No Tobacco Products or E-Cigarettes Policy ........................................................................... 31

• Antitrust Policy ........................................................................................................................ 31

Personal Appearance and Dress Code .......................................................................................... 32

• Professional Staff .................................................................................................................... 32

• Caregivers................................................................................................................................ 32

• Crisis Intervention Policy / Weapons / Violence in the Workplace ........................................ 33

Firearms and other weapons ........................................................................................................ 33

Observations and Reports of Concerns ........................................................................................ 33

• Conflicts Of Interest ................................................................................................................ 33

• No Solicitation/No Distribution Policy .................................................................................... 34

• Employment of Relatives & Personal Relationships among Co-Workers............................... 34

Relative Defined ............................................................................................................................ 34

Personal Relationships .................................................................................................................. 34

Personal Relationship Defined ...................................................................................................... 34

Notice ............................................................................................................................................ 34

Employer Discretion ...................................................................................................................... 34

Driving on Employer Business ....................................................................................................... 35

Safety Laws and Regulations ......................................................................................................... 35

Motor Vehicle Reports .................................................................................................................. 35

Insurance Requirements ............................................................................................................... 35

Unacceptable Drivers .................................................................................................................... 35

• Cell Phone and Other Distractions While Driving ................................................................... 36

Acceptance of Gifts and Loans ...................................................................................................... 36

Confidentiality of Resident Information ....................................................................................... 37

Sleeping on Duty ........................................................................................................................... 37

Visitors .......................................................................................................................................... 37

Confidentiality of Employer Information ...................................................................................... 38

Social Media .................................................................................................................................. 38

• Unacceptable Use ................................................................................................................... 39

• Reporting Violations of Policy ................................................................................................. 40

Media Contact ............................................................................................................................... 40

Computers and Electronic Communications ................................................................................ 40

• Property Rights ....................................................................................................................... 40

• Business Use............................................................................................................................ 41

• Personal Cell Phones and Electronic Devices ......................................................................... 41

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Office Staff and Management ....................................................................................................... 41

Direct Care Staff ............................................................................................................................ 41

Employer Phones .......................................................................................................................... 41

• Use of E-mail, Voice Mail, Texting, and Internet .................................................................... 41

Internet Usage .............................................................................................................................. 42

Employer Provided Electronic Devices ......................................................................................... 43

• Connecting to Employer Electronic Resources ....................................................................... 43

• Using or Accessing Employer Confidential Information Outside the Office ........................... 44

Notice of Violations ....................................................................................................................... 44

Policy Changes .............................................................................................................................. 44

Employer Property and Searches Policy ....................................................................................... 44

• Inspection of Containers and Packages .................................................................................. 45

Classifications of Employment ...................................................................................................... 45

Employee Record/File ................................................................................................................... 46

• Contents of Record ................................................................................................................. 46

• Employee Record .................................................................................................................... 46

• Employee Access to Employee Record ................................................................................... 46

Social Security Number Privacy Policy .......................................................................................... 47

Payroll Procedures ........................................................................................................................ 48

• Overtime Pay Procedures ....................................................................................................... 49

• Recording Work Hours ............................................................................................................ 49

• Fair Labor Standards Act Policy .............................................................................................. 50

• Qualifications .......................................................................................................................... 50

Job Description.............................................................................................................................. 51

Social Security .............................................................................................................................. 52

Promotions .................................................................................................................................... 52

Performance Evaluations .............................................................................................................. 52

Training and Staff Meetings .......................................................................................................... 52

• Required Training for CLC Staff ............................................................................................... 52

Training Requirements Staff Working in Group Homes ............................................................... 52

Training Requirements for Staff Working in CLS Programs .......................................................... 53

Breaks for Breastfeeding Mothers Policy ..................................................................................... 53

Travel, Meals and Entertainment ................................................................................................. 53

• Documentation ....................................................................................................................... 54

• Substantiation ......................................................................................................................... 54

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• Approval .................................................................................................................................. 54

Paid Time Off ................................................................................................................................. 54

• Paid Time Off (PTO) Defined ................................................................................................... 54

• Accrual of Paid Time Off ......................................................................................................... 55

• Scheduling of Paid Time Off .................................................................................................... 55

Available PTO time will automatically be used when an employee calls off a scheduled shift. .. 56

Tracking of PTO Time .................................................................................................................... 56

• Limited Carry Forward of Unused Time .................................................................................. 56

• Unused and Earned PTO Time at Termination ....................................................................... 56

• Holidays ................................................................................................................................... 56

Absenteeism and Tardiness .......................................................................................................... 57

• Attendance Policy ................................................................................................................... 57

Family and Medical Leave Act ...................................................................................................... 58

PTO/Holiday Time ......................................................................................................................... 58

Absences (Call offs) ....................................................................................................................... 58

Tardy/Early Departure .................................................................................................................. 58

Step Discipline ............................................................................................................................... 58

No-Call/No-Show .......................................................................................................................... 59

Procedures .................................................................................................................................... 59

Leave and Disability Policies ......................................................................................................... 60

• General Leave Policy ............................................................................................................... 60

Family and Medical Leave ............................................................................................................. 60

Employee Status after Leave ........................................................................................................ 63

Use of Unpaid Leave ..................................................................................................................... 63

Disability/Workers' Compensation Policy .................................................................................... 66

Unlawful Acts by Employers ......................................................................................................... 66

Enforcement ................................................................................................................................. 67

Non-FMLA Leave Policy................................................................................................................. 67

Bereavement Leave ...................................................................................................................... 68

Jury Duty Leave ............................................................................................................................. 68

Witness Duty ................................................................................................................................. 69

Voting Leave .................................................................................................................................. 69

Military Leave ................................................................................................................................ 69

Other Leaves ................................................................................................................................. 71

Workers’ Compensation Insurance .............................................................................................. 71

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Safety and Health .......................................................................................................................... 71

Group Insurance............................................................................................................................ 72

COBRA ........................................................................................................................................... 72

Termination of Employment ......................................................................................................... 72

Reinstatement Policy for former employees ................................................................................ 73

References Policy .......................................................................................................................... 73

Volunteers ..................................................................................................................................... 74

Qualifications ................................................................................................................................ 74

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Purpose of this Handbook Welcome to CLC! This Employee Handbook is designed to serve as a guide to provide you with a basic understanding of our philosophy, procedures, and operating policies. This Handbook is not intended to create any contractual obligations between you and the employer or cover every contingency or condition that may arise during your employment. All employees are employed on an “at-will” basis. This means that both the employer and the employee have the right to terminate the employment relationship at any time, with or without notice, cause or reason unless otherwise agreed upon in writing by the Executive Director of CLC This Handbook applies to all employees and cannot be changed except by a written agreement signed by the Executive Director of CLC The policies contained in this Handbook or elsewhere are not intended to and shall not be construed as modifying the “at-will” status.

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Purpose, History, Mission and Philosophy of the Organization For those of you who are commencing employment with Community Living Centers, Inc. ("Community Living Centers, Inc." or the "Company"), on behalf of Community Living Centers, Inc., we welcome you and wish you every success here. We believe that each employee contributes directly to Community Living Centers Inc.’s growth and success, and we hope you will take pride in being a member of our team. We hope you will enjoy your work here and are glad to have you with us. For those of you, who have been with us, thank you for your past and continued service. This Employee Handbook was developed to describe some of the expectations of our employees and to outline the policies, programs and benefits available to eligible employees. Employees should familiarize themselves with the contents of the Employee Handbook as soon as possible, for it will answer many questions about employment with Community Living Centers Inc. We understand that it is our employees who provide the services that our customers rely upon, and who will grow and enable us to create new opportunities in the years to come. We hope your experience here will be challenging, enjoyable and rewarding. Again, welcome! Sincerely, CLC Administrative Team

Mission Statement Community Living Centers Inc.’s purpose is to provide quality residential placement for adults with developmental disabilities. Community Living Centers Inc.’s mission is to provide quality service by:

• Maintaining safe and comfortable homes that are welcomed in the community. • Providing an enriching environment of opportunities to residents, staff & our volunteers. • Promoting wellness of body, mind & spirit. • Respecting each person’s gifts and uniqueness. • And by being the place everyone wants to be.

“Let your heart be seen in your actions today.”

-Mary Wagner, Founder

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Employee Handbook Acknowledgement I acknowledge that I have been made aware that the handbook is accessible to me online a copy is available to me at the CLC office to be reviewed. The Community Living Centers, Inc. (CLC) Employee Handbook (the “Handbook”) is the governing document for CLC. I will read and agree to comply with the provisions of the Handbook. I also understand that CLC reserves the right to change or cancel any of the provisions of the Handbook at any time without prior notice. Changes to the Handbook will become effective as soon as authorized by Management, and employees are notified of such changes. I understand that the Handbook reflects the current employment policies of CLC. It replaces and supersedes any prior policies, procedures or Handbooks. I acknowledge that this Handbook is a statement of policies and procedures, and the Handbook is not a guarantee of employment. I am fully aware that the Human Resources Department is willing to explain any section of the Handbook which I may wish to discuss or about which I have a question. I understand only the Executive Director of CLC is authorized to approve an employee policy, procedure or payment plan which binds the organization contrary to this Handbook and then only in writing actually signed by the Executive Director and me. No management person subordinate to the Executive Director has the authority to bind the organization with respect to any employee policy or procedure concerning any matter including but not limited to wages, hours and working conditions without express written approval of the Executive Director. I understand that in the event an employee has a separate employment contract and to the extent any of the provisions of this document conflict with the employment contract, the employment contract shall prevail. I understand and agree that my employment with CLC is on an “at-will” basis. This means that both CLC and I have the right to terminate the employment relationship at any time with or without notice, cause or reason. ______________________________________ ______________________________________ Employee Signature CLC Representative _______________________________ _______________________________ Date Date

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Handbook Changes and Waiver Clause I understand that this Handbook is the property of the employer and contains the current policies and procedures of the employer in outline form. It is only meant to serve as a reference guide. I know also that the policies and benefits described are conditions of employment but do not constitute an express or implied contract between the employer and me. I also understand that the employer reserves the unilateral right to add, delete, or amend the employer policies and benefits with or without notice. I understand that previous editions of the employer's employee Handbook are now obsolete. I will read the current Employee Handbook and understand I have opportunity to pose questions regarding its contents. I agree to comply with all of the terms and conditions set forth in the Handbook. I also understand that I have no reasonable expectation to believe that these policies will remain unchanged. Date Print Name of Employee Employee Signature

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At-Will Status of Employment I understand that the nature of the employment relationship with CLC is "at-will." This means that at the sole discretion of either the employer or me, the relationship may be terminated with or without notice, cause or reason. I acknowledge that the employee practices, including the right to hire, transfer, suspend, or discharge, to relieve employees from duty and to maintain discipline and efficiency of employees, rest exclusively in the sole discretion of the employer. I agree that the employer may introduce new policies, procedures and job requirements as employer priorities, interests and needs dictate. I have been advised that nothing in this Handbook operates to change the status of the employment relationship from “at will” to any other status. I understand that all disciplinary provisions in this Handbook are advisory, and I have no right to exhaust any single or progressive disciplinary procedure prior to termination. I know that any representations that change the employee status from an at-will employment status must be in writing and signed by the Executive Director of the organization. Any other purported changes in the at-will nature of the employment arrangement are without any effect. I acknowledge and certify that no oral statements or promises of employment beyond the at-will policy of the employer were made prior to or relied upon by me prior to hire. Date Print Name of Employee Employee Signature

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Equal Employment Opportunities The employer provides equal employment opportunities to all employees and applicants for employment without regard to race, color, religion, sex, national origin, age, height, weight, marital status, disability, genetic information or other legally protected status. In addition, the employer complies with federal, state and local laws governing nondiscrimination in employment at every location at which the employer provides services. Under Michigan law, a person with a disability needing accommodations for employment must notify the employer in writing within 182 days after the need is known or reasonably should have been known. Failure to notify the employer may result in a loss of your rights. Should you have any questions or concerns about your rights, please contact the Human Resources Department immediately.

The employer will not discriminate against persons with disabilities in regard to any employment

practices or terms, conditions and privileges of employment. This prohibition covers all aspects of the employment process, including application, testing, hiring, assignment, evaluation, disciplinary actions, promotion, medical examinations, training, termination, compensation, leave, benefits or any other term, condition or privilege of employment.

If you are a person with a covered disability as defined by law, we will make reasonable accommodations available to you. Please notify the Human Resources Department immediately.

Open Door Policy It is the employer's desire to provide good working conditions and maintain harmonious working relationships among employees, as well as between employees and management. To correct any work-related problems, the employer must be fully informed about them. Therefore, the employer has an “open door” problem-solving policy. Employees are encouraged to discuss concerns or suggestions with their manager. Employees who believe that the manager has not or cannot adequately address the situation are encouraged to discuss the problem with the Human Resources Director (HRD) Executive Director (ED), or Assistant Director(AD) s. This procedure should in no way foreclose the direct discussions we have always had on an informal basis.

Complaint Resolution Procedure Misunderstandings or conflicts can arise in any organization. To ensure effective working relations, it is important that such matters be resolved before serious problems develop. Most incidents resolve themselves naturally; however, should a situation persist that the employee believes is detrimental, the employee should follow the procedure described here for bringing the complaint to the employer’s attention. Step One Discussion of the problem with the employee’s immediate manager is encouraged as a first step. If, however, the employee does not believe a discussion with his or her manager is appropriate, he or she may proceed directly to Step Two.

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Step Two If the employee’s problem is not resolved after discussion with his or her manager, or if the employee considers discussion with the manager to be inappropriate, the employee is encouraged to request a meeting with Human Resources. In an effort to resolve the problem, the HRD will consider the facts, conduct an investigation and may also review the matter with the Assistant Director and/or the Executive Director. The employee will normally receive a response regarding the problem within five working days of meeting with his or her manager. Step Three If the employee is not satisfied with Human Resources Director’s decision and wishes to pursue the problem or complaint further, the employee may prepare a written summary of his or her concerns and request that the matter be reviewed by the Executive Director. The Executive Director, after a full examination of the facts (which may include a review of the written summary of the employee’s statement, discussions with all individuals concerned and further investigation, if necessary), will normally advise the employee of a decision within 15 working days. The decision of the Executive Director shall be final. The employer does not tolerate any form of retaliation against employees availing themselves of this procedure. The procedure should not be construed, however, as preventing, limiting or delaying the employer from taking disciplinary action against any individual, up to and including termination, in circumstances (such as those involving problems of overall performance, conduct, attitude, or demeanor) where the employer deems disciplinary action appropriate. Furthermore, this procedure does not alter the employer’s right to terminate the employee’s “at will” employment at any time, with or without notice, cause or reason. Thus, the complaint resolution procedure is not available for employer decisions resulting in termination of employment.

Management Rights The employer expressly retains and reserves the right to operate its business as it deems advisable in its sole discretion. The employer’s management rights include, but are not limited to, the right to:

1) Hire, fire, suspend, and otherwise discipline employees.

2) To determine the work hours of employees including starting and quitting times. The employer further reserves the right to reduce work hours.

3) To determine the job classifications, job descriptions, and duties of each employee, subject to

change without written notice to the employee.

4) To determine the type of work assignments. This management right includes the right to modify an employee’s work assignments.

5) To determine the location of work assignments. This management right includes the right to

transfer an employee to a different work location.

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6) To establish and change compensation levels, employee benefits, work schedules, work

standards and the processes and procedures by which such work is to be performed by employees.

7) To determine the type, scope, and location of services to be provided.

8) To determine the qualifications and competencies of the employees to perform the available

work.

9) To select employees for promotion, demotion, or transfer to another position or location.

10) To provide services as the employer deems to be in its best interest.

Unlawful Harassment Harassment because of race, color, religion, sex, national origin, age, height, weight, marital status, disability, genetic information, pregnancy or other legally protected status is unlawful discrimination and is prohibited by federal law and/or state law and the employer. The employer will not tolerate any form of harassment among employees during or after work hours. For the purposes of this Policy, “harassment” means unwelcome verbal communication or physical contact because of race, color, religion, sex, national origin, age, height, weight, marital status, disability, genetic information, pregnancy or other legally protected status, which unreasonably interferes with a person’s work performance or which creates an intimidating, hostile or offensive work environment. “Harassment” includes “sexual harassment”, which means unwelcome sexual advances, unwelcome requests for sexual favors and other unwelcome verbal or physical conduct or communication of a sexual nature when:

1) submission to such conduct or communication is made either explicitly or implicitly a term or condition of the individual’s employment;

2) submission to or rejection of such conduct or communication by an individual is used as a basis

for employment decisions affecting such individual; or

3) such conduct or communication has the purpose or effect of unreasonably interfering with an individual’s employment or creating an intimidating, hostile, or offensive work environment.

Examples of harassment may include one or more of the following: • Physically touching an employee in an offensive manner;

• Making suggestive or derogatory comments or gestures about a person’s race, color, religion, sex, national origin, age, height, weight, marital status, disability, genetic information, pregnancy or other legally protected status;

• Displaying magazines, cartoons or jokes which are derogatory about a person’s race, color, religion, sex, national origin, age, height, weight, marital status, disability, genetic information, pregnancy or other legally protected status;

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• Telling jokes which are derogatory about a person’s race, color, religion, sex, national origin, age, height, weight, marital status, disability, genetic information, pregnancy or other legally protected status.

• Sending offensive or harassing messages through texting or social media

Examples of sexual harassment may include one or more of the following: • Repeated and unwelcome requests for dates after work;

• Sending letters which make romantic suggestions;

• Sexual advances or propositions or threats;

• Continuing to express interest after being informed that the interest is unwelcome;

• Suggestive or insulting comments or sounds, including whistling;

• Commentary about an individual’s body;

• Display of sexually suggestive objects, pictures, or letters;

• Obscene gestures;

• Unwanted physical contact, including offensive touching, pinching, brushing the body, impeding or blocking movement, unwanted sexual intercourse or other unwanted sexual acts, sexual assault or battery.

The above list is not meant to be exhaustive but is included to provide examples of prohibited action. The employer does not condone, either explicitly or implicitly, and will not tolerate, harassment of any kind by anyone in the organization or others including residents, vendors, independent contractors, applicants for employment, or visitors to the workplace.

Complaint Procedure The employer is responsible for fostering a workplace free from harassment, for discouraging employment related harassment and for implementing and enforcing this Policy. Any person who feels that she or he has been subjected to harassment, who is aware of conduct prohibited under this Policy, or who feels that she or he has been retaliated against for having brought a complaint of or having opposed harassment and/or for having participated in the complaint process is encouraged to bring the matter to the attention of either the Executive Director or the Human Resources Department. The employer will investigate all allegations of harassment promptly. To protect the interests of the complainant, the person complained against, witnesses, any other person who may report an incident of harassment, and all other persons affected, confidentiality will be maintained to the extent practicable and appropriate under the circumstances. The employer will conduct a prompt, thorough, and impartial investigation using the following procedures:

1) Interviewing the complainant, both at the time the complaint is initially presented and at the time the complaint is reduced to writing;

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2) Interviewing all witnesses identified by the complainant and reducing their statements to writing,

either by requesting that the witnesses do so or by reducing their statements to writing to be signed or otherwise acknowledged by the witnesses;

3) Reviewing any documentary or other evidence submitted by the complainant;

4) Interviewing the alleged harasser and reducing her or his statement to writing;

5) Interviewing all witnesses identified by the alleged harasser and reducing their statements to writing, either by requesting that the witnesses do so or by reducing their statements to writing to be signed or otherwise acknowledged by the witnesses;

6) Interviewing other potential witnesses who may have observed the conduct alleged or who may possess knowledge regarding the allegation under investigation and reducing their statements to writing, either by requesting that the witnesses do so or by reducing their statements to writing to be signed or otherwise acknowledged by the witnesses;

7) Reviewing any documentary or other evidence submitted by the alleged harasser;

8) Informing all witnesses including the complainant and the alleged harasser of the confidentiality of the investigation;

9) Completing a written determination of the validity of the complaint.

Resolving the Complaint

If Violation Found If, as a result of an investigation, it is determined that a violation of this Policy has occurred, the employer will take prompt and appropriate remedial action to eliminate the policy violation and ensure that it does not recur. Such remedial action may include:

1) Disciplinary action of the harasser up to and including termination;

2) Restoration to an individual of any employment benefits or employment status impaired as a result of the harassment or the exercise of the right to make a complaint of harassment, to oppose harassment, or to participate in an investigation under this Policy;

3) Removal from any individual’s or complainant’s employee record or other employment records any documents containing adverse or negative references to the individual or complainant flowing from the policy violation;

4) Other appropriate measures to assure that any individual adversely affected by the filing of a complaint, participation in any complaint proceeding, or opposition to harassment is restored to the position held prior to the policy violation;

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5) Removal of the effects of the policy violation in the workplace, such as the removal of offensive graffiti or posters or similar objects of harassment, or the elimination of unwanted physical contact or verbal communication;

6) Other appropriate measures to assure that this Policy, and the employer’s commitment to enforcing this Policy, are reiterated in the workplace, such as republication of the Policy and in-house training relating to the Policy.

If No Violation Found If as a result of the investigation, it is determined that no violation of this Policy has occurred, the employer will:

1) Inform the complainant and the alleged harasser of the results of the investigation and the reasons for its finding of no Policy violation;

2) Advise the complainant and the alleged harasser that the employer is committed to the enforcement of this Policy and will not tolerate harassment or retaliation of any sort;

3) Notwithstanding the determination that no Policy violation has occurred, advise all individuals that there will be no retaliation for making a complaint of harassment, opposing harassment, or participating in an investigation under this Policy;

4) Advise the complainant to provide additional information relating to any Policy violations in the future;

5) Take appropriate measures to assure that this Policy, and the employer’s commitment to enforcing this Policy, are reiterated in the workplace, such as republication of the Policy and in-house training relating to the Policy.

If No Determination Possible If, as a result of the investigation, it is determined that there is insufficient information from which to make a determination whether a Policy violation has occurred, the employer will:

1) Inform the complainant and the alleged harasser of its finding that no determination can be made;

2) Advise the complainant and the alleged harasser that the employer is committed to the enforcement of this Policy and will not tolerate harassment of any sort;

3) Notwithstanding the determination that there is insufficient information from which to determine that a Policy violation has occurred, advise all individuals that there will be no retaliation for making a complaint of harassment, opposing harassment, or participating in an investigation under this Policy;

4) Advise the complainant to provide additional information relating to any Policy violations in the future;

5) Take appropriate measures to assure that this Policy, and the employer’s commitment to enforcing this Policy, are reiterated in the workplace, such as republication of the policy and in-house training relating to the Policy.

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Substance Screening It is the policy of the employer to maintain a drug and alcohol free environment. The employer reserves the right to require new hires to submit to a substance screen as one of the contingencies established in the written conditional job offer. The test may require a urine or blood sample when requested. Other substance screen methods may also be used at the discretion of the testing professionals with whom the employer contracts. The employer will explain the nature of the screening procedure to all employees. Policy Purpose • Assure a drug and alcohol free workforce;

• Maintain high staff morale, efficiency and productivity;

• Eliminate crime in the work place; and

• Reduce absenteeism and tardiness.

The employer has a zero tolerance for the use and/or abuse of drugs and/or abuse of alcohol. A positive test result may result in termination of employment regardless of whether the use and/or abuse occurred on duty.

All Employees 1) No employee shall possess, consume or carry with them alcoholic beverages of any kind on the

employer’s property, at any other employment-related location, in an employer vehicle or in the employee’s vehicle. Exceptions include employer related activities where the consumption of alcohol is approved in advance by the Executive Director.

2) No employee shall possess, consume or carry with them illegal drugs and controlled substances on the employer’s property, at any other employment-related location, in an employer vehicle or in the employee’s vehicle. Similarly, no employee shall possess, carry or consume medications that otherwise require a prescription by a licensed health care professional if such a prescription has not been written or ordered.

3) The on-duty or off-duty use of marijuana or other illegal drugs is strictly prohibited. Anyone testing positive for marijuana or other illegal drugs is ineligible for hire or continued employment.

4) No employee shall report to work after consuming alcoholic beverages or illegal drugs.

5) No employee shall report to work after consuming prescribed medications that make him/her unfit for complete, reliable and safe performance of any and all job responsibilities.

6) Any employee will be required to submit to a substance screen if suspected of being under the influence of drugs or alcohol, or for other good cause. Transportation will be provided by the employer.

7) Any employee involved in an accident or workplace injury may be required to submit to a substance screen.

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8) Any employee involved with damage to property belonging or entrusted to the employer may be

required to submit to a substance screen.

9) Any employee who has indicated that he/she is unable to perform his/her duties or has given the employer cause to suspect drug or alcohol usage affecting his/her job performance may be required to submit to a substance screen. Transportation will be provided by the employer.

10) Excessive or unusual absenteeism or tardiness may be cause for a substance screen.

11) Upon receipt of an allegation or complaint that an employee is using or abusing alcohol or drugs on or off duty, the employee may be requested to submit to a substance screen.

12) Any employee convicted of selling drugs, or convicted of illegal drug usage, or illegal drug possession will be terminated. If an employee is charged with selling illegal drugs, possessing illegal drugs or using illegal drugs, he/she may be suspended pending an employer investigation.

13) An employee who, as part of a medical treatment plan, is required by a licensed health care professional to use prescription drugs or narcotics that may impair performance must immediately take action to ensure that the safety of the employee, co-workers and others is not compromised and take appropriate action to ensure that the quality, thoroughness and timeliness of his/her work performance is in no way compromised.

14) The employer reserves the right to conduct random substance screen tests as determined solely by the employer.

15) The employer reserves the right to request a substance screen for all employees at any time. Similarly, the employer may test a subset of employees determined by the employer through non-discriminatory objective reasoning. A determination whether to conduct a post-accident substance screen shall be based upon the circumstances regarding a particular work-related injury or illness.

16) The employer reserves the right to search an employee and an employee’s work area if there is a reasonable suspicion that an employee is in violation of this policy.

Substance Screen Procedure 1) A substance screen shall be conducted by securing a urine or blood sample or conducted through

another method established by the employer and/or its testing professional. The employer will explain the nature of the screening procedure to the employee(s) who will be tested.

2) The employer will utilize only professionally developed and administered drug detection tests and will pay all costs for drug detection tests. Also, upon request the employee will receive a copy of the test results and all reports or analyses prepared as a result of a positive confirmation test.

3) The sample will be secured by means of a chain of custody program at the testing site to assure that identity and integrity are maintained throughout the testing process.

4) The drugs being identified are those drugs which are used or abused, are not part of a medical treatment plan, and may alter the thinking, actions and overall performance of its user. The classes of drugs frequently identified by way of illustration and not a total listing of all drugs are:

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amphetamines, barbiturates, benzodiazepines, cocaine, opiates, and cannabinoids (Marijuana or THC). Some over-the-counter drugs may also be identified. Positive results will be evaluated in the context of the individual’s medical history, including evidence of a prescription by a licensed health care provider.

5) The specimen will be subject to an initial screen. If drugs and/or alcohol are detected, it will be followed with a confirmation test if deemed appropriate by the testing site.

6) The results of a substance screen test shall be limited to only authorized employee unless disclosure of results is mandated by law, a court decision, or the advice of employer’s attorney.

7) When an employee’s confirmation test results are positive, the employee will be advised how long he/she has to make an official challenge of results.

8) If the applicant/employee chooses to use an outside laboratory for purposes of challenging the original test results, it will be at his/her sole expense and the employee shall authorize release of the test results to the employer. The employer will reconsider the results and take reasonable action.

Refused or Delayed Substance Testing If an employee refuses a substance screen, that employee will be treated as insubordinate for failure to obey a directive. Such action will be grounds for termination of employment. Similarly, if an employee fails to submit to a substance screen within the time parameters established by the employer, this action will also be treated as insubordination followed by corrective action up to and including termination. Medical Evaluations After a person starts work, a medical examination or inquiry of an employee may be made if it is job related and necessary for the business.

Good Moral Character and Criminal Histories This organization is required to comply with the Adult Foster Care (AFC) Facility Licensing Act. In brief summary, this state statute mandates the obtainment of extensive criminal history background information, including FBI fingerprinting, of all individuals who seek employment or an independent contract in positions that provide “direct access” to the residents served by this organization. “Direct access” is defined as access to a resident or to a resident’s property, financial information, medical records, treatment information or any other identifying information. This law supplements and reinforces this organization’s long-standing policies relating to the required good moral character and suitability to work with vulnerable adults. The AFC Facility Licensing Act prohibits AFC facilities from employing or independently contracting with an individual with certain criminal conviction histories who regularly has direct access to or provides direct services to residents. The complete list appears at the end of this policy. The AFC Facility Licensing Act also prohibits employment or an independent contract with an individual who has been the subject of a finding of not guilty by reason of insanity. The AFC Facility Licensing Act

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also prohibits employment or an independent contract with an individual who engaged in conduct that became the subject of a finding of neglect, abuse or misappropriation of property by a state or federal agency pursuant to an investigation conducted in a nursing facility in accordance with 42 USC 1395i-3 or 1396r. The criminal history background information mentioned in this policy will be obtained by this organization only after a written good faith offer of employment or contract has been extended. All workers covered under this law must, as a condition of employment, execute any and all consent forms, acknowledgements and releases arising from compliance with the AFC Facility Licensing Act. As a condition of continued employment, all workers covered under the AFC Facility Licensing Act must immediately report to this organization any arraignment or conviction of one or more offenses that make them ineligible to work under the AFC Facility Licensing Act. As an additional condition of employment, all covered workers must report to this organization if they have become the subject of an order or disposition finding of not guilty by reason of insanity. Workers are also to report if they engage in conduct that becomes the subject of a substantiated finding of neglect, abuse, or misappropriation of property by a state or federal agency pursuant to an investigation conducted in a nursing facility in accordance with 42 USC 1395i-3 or 1396r. The provision of false, incomplete or misleading information during the hiring and application process will result in refusal of work and/or termination. Under Michigan law, an individual who knowingly provides false information regarding his or her identity, criminal convictions or applicable substantiated findings of neglect, abuse or misappropriation of property is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both. An individual is prohibited from working in an adult foster care (AFC) facility if the individual satisfies one or more of the following: a. Has been convicted of a relevant crime described under 42 USC 1320a-7. b. Has been convicted of:

• any of the felonies listed below;

• an attempt or conspiracy to commit a felony listed below; or

• a state or federal crime that is “similar” to the listed felonies (other than a felony for a relevant crime described under 42 USC 1320a-7)

unless 15 years have lapsed since the individual completed all of the terms and conditions of his or her sentencing, parole, and probation for that conviction prior to the date of application for employment or the date of the execution of the independent contract.

Felonies Requiring a 15-Year Lapse i. A felony involving cruelty or torture. ii. A felony involving criminal sexual conduct. iii. A felony involving abuse or neglect. iv. A felony involving the use of a firearm or dangerous weapon. v. A felony involving the diversion or adulteration of a prescription drug or other medications. vi. A felony that involves the intent to cause death or serious impairment of a body function,

that results in death or serious impairment of a body function, that involves the use of force or violence, or that involves the threat of the use of force or violence.

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vii. A felony that involves vulnerable adult abuse under chapter XXA of the Michigan Penal Code, 1931 PA 328, MCL 750.145m to 750.145r.

c. Has been convicted of a felony or an attempt or conspiracy to commit a felony, other than a felony

for a relevant crime described under 42 USC 1320a-7 or a felony described under subdivision (b) above, unless 10 years have lapsed since the individual completed all of the terms and conditions of his or her sentencing, parole, and probation for that conviction prior to the date of application for employment or the date of the execution of the independent contract.

d. Has been convicted of any of the following misdemeanors, other than a misdemeanor for a relevant

crime described under 42 USC 1320a-7, or a state or federal crime that is substantially similar to the misdemeanors described in this subdivision, within the 10 years immediately preceding the date of application for employment or the date of the execution of the independent contract:

Misdemeanor Convictions Requiring a 10-Year Lapse i. A misdemeanor involving abuse or neglect. ii. A misdemeanor involving cruelty or torture unless otherwise provided under subdivision

(e). iii. A misdemeanor involving criminal sexual conduct. iv. A misdemeanor that involves vulnerable adult abuse under chapter XXA of the Michigan

Penal Code, 1931 PA 328, MCL 750.145m to 750.145r. v. A misdemeanor involving the use of a firearm or dangerous weapon with the intent to

injure, the use of a firearm or dangerous weapon that results in a personal injury, or a misdemeanor involving the use of force or violence or the threat of the use of force or violence.

e. Has been convicted of any of the following misdemeanors, other than a misdemeanor for a relevant

crime described under 42 USC 1320a-7, or a state or federal crime that is substantially similar to the misdemeanors described in this subdivision, within the 5 years immediately preceding the date of application for employment or the date of the execution of the independent contract:

Misdemeanor Convictions Requiring a 5-Year Lapse i. A misdemeanor involving cruelty if committed by an individual who is less than 16 years of

age. ii. A misdemeanor involving home invasion. iii. A misdemeanor involving embezzlement. iv. A misdemeanor involving negligent homicide or a moving violation causing death under

Section 601d(1) of the Michigan Vehicle Code. v. A misdemeanor involving larceny unless otherwise provided under subdivision (g). vi. A misdemeanor of retail fraud in the second degree unless otherwise provided under

subdivision (g). vii. Any other misdemeanor involving assault, fraud, theft, or the possession or delivery of a

controlled substance unless otherwise provided under subdivision (d), (f), or (g).

f. Has been convicted of any of the following misdemeanors, other than a misdemeanor for a relevant

crime described under 42 USC 1320a-7, or a state or federal crime that is substantially similar to the

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misdemeanors described in this subdivision, within the 3 years immediately preceding the date of application for employment or the date of the execution of the independent contract:

Misdemeanor Convictions Requiring a 3-Year Lapse i. A misdemeanor for assault if there was no use of a firearm or dangerous weapon and no

intent to commit murder or inflict great bodily injury. ii. A misdemeanor of retail fraud in the third degree unless otherwise provided under

subdivision (g). iii. A misdemeanor under part 74 of the public health code, 1978 PA 368, MCL 333.7401 to

333.7461 relating to controlled substances, unless otherwise provided under subdivision (g).

g. Has been convicted of any of the following misdemeanors, other than a misdemeanor for a relevant

crime described under 42 USC 1320a-7, or a state or federal crime that is substantially similar to the misdemeanors described in this subdivision, within the year immediately preceding the date of application for employment or the date of the execution of the independent contract:

Misdemeanor Convictions Requiring a 1-Year Lapse i. A misdemeanor under part 74 of the Public Health Code, 1978 PA 368, MCL 333.7401 to

333.7461 relating to controlled substances, if the individual, at the time of conviction, is under the age of 18.

ii. A misdemeanor for larceny or retail fraud in the second or third degree if the individual, at the time of conviction, is under the age of 16.

h. Is the subject of an order or disposition under section 16b of Chapter IX of the Code of Criminal

Procedure, 1927 PA 175, MCL 769.16b. This statutory provision pertains to a finding of not guilty by reason of insanity.

i. Engaged in conduct that became the subject of a substantiated finding of neglect, abuse, or misappropriation of property by a state or federal agency pursuant to an investigation conducted in a nursing facility in accordance with 42 USC 1395i-3 or 1396r.

The above paragraphs are a general summary of the state law. Employees must refer to the specific statute for final authority.

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330.1723 Suspected abuse of recipient or resident; report to law enforcement agency. Sec. 723. (1) A mental health professional, a person employed by or under contract to the department, a licensed facility, or a community mental health services program, or a person employed by a provider under contract to the department, a licensed facility, or a community mental health services program who has reasonable cause to suspect the criminal abuse of a recipient immediately shall make or cause to be made, by telephone or otherwise, an oral report of the suspected criminal abuse to the law enforcement agency for the county or city in which the criminal abuse is suspected to have occurred or to the state police. (2) Within 72 hours after making the oral report, the reporting individual shall file a written report with the law enforcement agency to which the oral report was made, and with the chief administrator of the facility or agency responsible for the recipient. (3) The written report required by subsection (2) shall contain the name of the recipient and a description of the criminal abuse and other information available to the reporting individual that might establish the cause of the criminal abuse and the manner in which it occurred. The report shall become a part of the recipient's clinical record. Before the report becomes part of the recipient's clinical record, the names of the reporting individual and the individual accused of committing the criminal abuse, if contained in the report, shall be deleted. (4) The identity of an individual who makes a report under this section is confidential and is not subject to disclosure without the consent of that individual or by order or subpoena of a court of record. An individual acting in good faith who makes a report of criminal abuse against a recipient is immune from civil or criminal liability that might otherwise be incurred. The immunity from civil or criminal liability granted by this subsection extends only to acts done under this section and does not extend to a negligent act that causes personal injury or death. (5) An individual who makes a report under this section in good faith shall not be dismissed or otherwise penalized by an employer or contractor for making the report. (6) This section does not relieve an individual from the duty to report criminal abuse under other applicable law. (7) The department, a community mental health services program, a licensed facility, and a service provider under contract with the department, community mental health services program, or licensed facility shall cooperate in the prosecution of appropriate criminal charges against those who have engaged in criminal abuse. (8) Except as otherwise provided in subsection (5), this section does not preclude nor hinder the department, a licensed facility, a community mental health services program, or a service provider under contract to the department, a licensed facility, or a community mental health services program from investigating reported claims of criminal abuse of a recipient by its employees, and from taking appropriate disciplinary action against its employees based upon that investigation. (9) This section does not require a person to report suspected criminal abuse if either of the following applies: (a) The individual has knowledge that the incident of suspected criminal abuse has been reported to the appropriate law enforcement agency as provided in this section. (b) The suspected criminal abuse occurred more than 1 year before the date on which it first became known to an individual who would otherwise be required to make a report. (10) This section does not require an individual required to report suspected criminal abuse under subsection (1) to disclose confidential information or a privileged communication except under 1 or both of the following circumstances: (a) If the suspected criminal abuse is alleged to have been committed or caused by a mental health professional, an individual employed by or under contract to the department, a licensed facility, or a community mental health services program, or an individual employed by a service provider under contract to the department, a licensed facility, or a community mental health services program.

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(b) If the suspected criminal abuse is alleged to have been committed in 1 of the following: (i) A state facility or a licensed facility. (ii) A county community mental health services program site. (iii) The work site of an individual employed by or under contract to the department, a licensed facility, or a community mental health services program or a provider under contract to the department, a licensed facility, or a community mental health services program. (iv) A place where a recipient is under the supervision of an individual employed by or under contract to the department, a licensed facility, a community mental health services program, or a provider under contract to the department, a licensed facility, or a community mental health services program. History: Add. 1986, Act 224, Eff. Mar. 31, 1987 ;-- Am. 1988, Act 32, Imd. Eff. Feb. 25, 1988 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996

Resident Rights The following resident rights must be adhered to by all employees. Any staff observing any person violating these resident rights must report it to the administrator/home manager immediately and in writing.

1. The right to be free from discrimination on the basis of race, religion, color, national origin, sex, age, handicap, marital status or source of payment in the provision of services and care.

2. The right to exercise his/her constitutional rights, including the right to vote, the right to

practice religion of his/her choice, the right to freedom of movement and the right of freedom of association.

3. The right to refuse participation in religious practices.

4. The right to write, send and receive uncensored and unopened mail at his/her own expense.

5. The right of reasonable access to a telephone for private communications. Similar access shall

be granted for long distance collect calls and calls which otherwise are paid for by the resident. A licensee may charge a resident for long distance and toll telephone calls.

6. The right to voice grievances and present recommendations pertaining to the policies, services

and house rules of the home without fear of retaliation.

7. The right to associate and have private communications and consultations with his/her own physician, attorney or any other persons of his or her choice.

8. The right to participate in the activities of social, religious and community groups at his/her

own discretion.

9. The right to use the services of advocacy agencies and to attend other community services of his or her choice.

10. The right of reasonable access to and use of his/her personal clothing and belongings.

11. The right to have contact with relatives and friends and receive visitors in the home.

Exceptions shall be covered in the Resident's Assessment Plan or PCP.

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12. The right to employ the services of a physician, psychiatrist or dentist of his/her choice for obtaining medical, psychiatric or dental services.

13. The right to refuse treatment and services, including the taking of medication, and to be made

aware of the consequences of that refusal.

14. The right to request and receive assistance from the responsible agency in relocating to another living situation.

15. The right to be treated with consideration and respect, with due recognition of personal

dignity, individuality and the need for privacy.

16. The right of access to his/her room at his/her sole discretion.

17. The right to confidentiality of records with proper safeguards to protect against unauthorized access.

18. The right that the records of the resident that are required to be kept by the licensee under the Adult Foster Care Facility Licensing Act or rules shall be confidential and properly safeguarded as required by the Licensing Act, Section 12(3).

19. The right to choose caregivers and which caregiver will provide personal care services.

20. The right to have non-egress locks on their bedroom and pop-locks on the bathroom doors if deemed appropriate and documented in their Person-Centered Plan (PCP).

21. The right to have roommates or housemates of their choice.

Incidents and Accidents In the event of the death of a resident; any accident or illness that requires hospitalization; incidents that involve serious hostility; any hospitalization; any attempts at self-inflicted harm or harm to others; any instances of destruction of property; any incidents that involve arrest or conviction of a resident for arson, rape, murder, burglary, robbery, larceny, motor vehicle theft and aggravated assault; staff shall do the following: 1) Immediately inform the administrator/home manager. 2) Complete a written incident and accident report, date and sign the report and faxed to the

appropriate agencies upon review by the home manager and Administration. 3) The administrator/home manager shall make a reasonable attempt to contact the resident's

designated representative and responsible agency by telephone. If a message is left, write down the time and name of the person who received the message. This responsibility may be delegated to a staff person.

4) Within 24 hours, the administrator/home manager must send a copy of the incident and accident

report to: a) The CLC Administrative Offices

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b) Responsible agency c) State licensing consultant d). Office of Recipient Rights

5) The licensee/administrator shall immediately investigate the cause of an accident or incident that

involves a resident, employee or visitor. If a resident is absent without notice, the licensee or administrator/home manager shall make a reasonable attempt to locate the resident and to contact the resident’s designated representative and responsible agency and shall contact the local police authority. This responsibility may be delegated to a staff person. Making a reasonable attempt to locate the resident shall consist of making appropriate telephone calls to determine the resident’s location and searching the immediate area (keeping in mind staffing requirements of the home). A direct care staff person shall also immediately call the licensee/administrator. Within 24 hours of the resident’s absence, the licensee or its designee shall submit a written report to the above-mentioned responsible agencies. An accident record or incident report shall be prepared for each accident or incident that involves a resident, staff person or visitor. “Incident” means a seizure or highly unusual behavior episode, including a period of absence without prior notice.

Reporting of Suspected Abuse, Neglect or Exploitation All suspected abuse, neglect or exploitation shall be reported orally and in writing to the administrator/home manager immediately. Abuse, neglect and exploitation are defined under the Michigan Social Welfare Act as follows:

• “Abuse” means harm or threatened harm to an adult’s health or welfare caused by another person. Abuse includes, but is not limited to, non-accidental physical or mental injury, sexual abuse, or maltreatment.

• “Neglect” means harm to an adult’s health or welfare caused by the inability of the adult to respond to a harmful situation or by the conduct of a person who assumes responsibility for a significant aspect of the adult’s health or welfare. Neglect includes the failure to provide adequate food, clothing, shelter, or medical care. A person shall not be considered to be abused, neglected, or in need of emergency or protective services for the sole reason that the person is receiving or relying upon treatment by spiritual means through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination, and this act shall not require any medical care or treatment in contravention of the stated or implied objection of that person.

• “Exploitation” means an action that involves the misuse of an adult’s funds, property, or personal dignity by another person.

The employer will notify the Michigan Department of Health and Human Services of any suspected abuse, neglect or exploitation. The employer will also investigate the suspected abuse, neglect or exploitation and take the appropriate action.

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Reporting of Criminal Abuse All suspected criminal abuse shall be reported immediately to the administrator/home manager. In addition, Section 723 of the Michigan Mental Health Code requires that an employee of an organization under contract to a community mental health services program shall take the following action: 1) If the employee has reasonable cause to suspect the criminal abuse of a recipient or resident, the

employee shall immediately make or cause to be made, by telephone or otherwise, an oral report of the suspected criminal abuse to the law enforcement agency of the county, or city, in which the criminal abuse is suspected to have occurred or to the State Police.

2) Within 72 hours a written report shall be filed with the law enforcement agency and the employer. 3) A person who makes the report of criminal abuse will not be dismissed or otherwise penalized for

making a report unless he or she is the cause for the criminal abuse. The report of criminal abuse shall be confidential and subject to disclosure only with the consent of that person or by judicial process.

4) The report of criminal abuse is not required if the person has knowledge that the incident of

suspected criminal abuse has been reported to the appropriate law enforcement agency. Criminal abuse that is required to be reported to the appropriate law enforcement agency is as follows:

1) Assault

2) Assault and battery

3) Sexual intercourse under pretext of medical treatment

4) Murder

5) Manslaughter

6) Criminal sexual conduct including sexual penetration

7) Criminal sexual contact

8) Assault with intent to commit criminal sexual conduct including penetration Criminal abuse for reporting to appropriate law enforcement agencies does not include an assault or assault and battery which is committed by a recipient or resident against another recipient or resident. This type of incident must still be reported to the employer. All of the above w i l l be reported by the e m p l o y e r to the M i c h i g a n Department of H e a l t h a n d Human Services a n d / or other appropriate governmental agency including the appropriate law enforcement agency. The employer will also investigate the criminal abuse and take appropriate action.

Mistreatment Employees shall not mistreat a resident. Mistreatment includes any intentional action or omission which exposes a resident to a serious risk of physical or emotional harm or the deliberate infliction of pain by any means.

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Staff shall not: 1) Use any form of punishment. 2) Use any form of physical force or physical restraint unless absolutely necessary in order to protect

yourself and the safety of the residents. Physical restraint means the bodily holding of a resident with no more force than necessary to limit the resident's movement.

3) Restrain a resident’s movement by binding or tying or through the use of medication,

paraphernalia, contraptions, material or equipment for the purpose of immobilizing a resident. 4) Confine a resident in an area, such as a room where egress is prevented, in a closet, or in a bed,

box or chair or restrict a resident in a similar manner. 5) Withhold food, water, clothing, rest or toilet use. 6) Subject a resident to any of the following:

a) Mental or emotional cruelty b) Verbal abuse c) Derogatory remarks about the resident or members of his/her family d) Threats

7) Refuse the resident entrance to the home. 8) Isolate a resident by complete and unattended separation from staff and other residents. 9) Use any electrical shock device

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Employee Conduct

Ethics Although this employee Handbook sets forth in detail specifics on permissible and non-permissible actions, it is imperative that each employee integrate the highest level of integrity into daily management and also into service and production without compromise. To the employer organization, integrity means: 1) At all times, adhering to the high philosophical standards of the employer. Nothing less than

professional and ethical behavior will be accepted in our relationships with residents, fellow employees, and others, or in our standard of conduct in the workplace and personal conduct outside the workplace related to the organization.

2) Maintaining the integrity of our services.

3) Continuity of management commitment to preserve the truest level of integrity and good standing. With this commitment to professional integrity, the employer will continue to build an organization dedicated to uncompromising ethical principles, genuine concern for other’s welfare, and above all, placing honesty above all other virtues. Any deviation from these ethical principles must be brought to the attention of the employer.

Guidelines for Appropriate Conduct As an integral member of the employer’s team, you are expected to accept certain responsibilities, adhere to acceptable business principles in matters of personal conduct, and exhibit a high degree of personal integrity at all times. This conduct not only involves sincere respect for the rights and feelings of others, but also demands that both in your business and in your personal life, you refrain from any behavior that might be harmful to you, your co-workers, and/or the employer, or that might be viewed unfavorably by current or potential residents, their family members as applicable, or by the public at large. Whether you are on duty or off, your conduct reflects on the employer. You are, consequently, encouraged to observe the highest standards of professionalism at all times. Types of behavior and conduct that the employer considers unacceptable include, but are not limited to, the following: 1) Falsifying employment or other employer records.

2) Violating the employer’s nondiscrimination and/or unlawful harassment policy.

3) Soliciting or accepting gratuities from residents or their family members.

4) Excessive absenteeism or tardiness.

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5) Excessive, unnecessary, or unauthorized use of employer supplies or telephone lines, particularly for personal purposes.

6) Reporting to work intoxicated or under the influence of non-prescribed drugs; the illegal manufacture, possession, use, sale, distribution or transportation of drugs.

7) Bringing or using alcoholic beverages on the employer’s property or using alcoholic beverages while engaged in employer business off the employer’s premises, except where authorized.

8) Fighting or using obscene, abusive, or threatening language or gestures.

9) Theft or deliberate or careless damage of property of the employer or property of an employee or resident.

10) Possession of firearms or other dangerous weapons on the employer premises or while on employer business.

11) Disregarding safety or security regulations.

12) Refusal to follow employer policies or instructions.

13) Unauthorized use of property, telephones or technology for personal use. Should your performance, work habits, overall attitude, conduct, or demeanor become unsatisfactory in the judgment of the employer, based on violations either of the above or of any other of the employer’s policies, rules or regulations, you may be subject to termination. The above policy does not alter the employer’s right to terminate the “at will” employment relationship at any time with or without notice, cause or reason.

No Tobacco Products or E-Cigarettes Policy Employer will not permit smoking, use of any tobacco products or e-cigarettes inside the premises and must be done in designated areas and be disposed of properly Employees who violate this policy are subject to civil fines imposed by Michigan law, as well as discipline up to and including termination of employment.

Antitrust Policy The employer has developed a comprehensive set of guidelines to address antitrust issues. Agreements between competitors to fix prices are illegal and can result in criminal penalties including jail terms, as well as civil sanctions including triple damages and attorneys’ fees. The employer will not tolerate antitrust violations and will take any and all appropriate action up to and including discharge of those employees found to be violating the antitrust compliance program. If you are present during any meetings or conversations with competitors that involve discussions regarding the pricing of our services, you must inform the Executive Director immediately.

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Personal Appearance and Dress Code Employees are expected to maintain high standards of neatness, cleanliness and personal hygiene. All employees should arrive for work in modest, neat and clean clothing appropriate for the work at hand. All employees should be constantly aware they are a reflection of the organization at all times. Work attire varies based on job category.

Professional Staff Professional staff are expected to wear appropriate business attire during business hours, including onsite and offsite business meetings and related events. Footwear should be professional in nature.

Caregivers

Your supervisor or department head is responsible for establishing a reasonable dress code appropriate to the job you perform. If your supervisor feels your personal appearance is inappropriate, you may be asked to leave the workplace until you are properly dressed or groomed. Under such circumstances, you will not be compensated for the time away from work. Consult your supervisor if you have questions as to what constitutes appropriate appearance.

Paraprofessional staff, including direct care support employees are prohibited from scrubs, wearing stained, torn or damaged clothing, shorts, open toed shoes, baseball caps, hats, sweatpants, pajama pants, sweatshirts, shorts, sleeveless shirts and other clothing items inappropriate for the assisted living setting. Staff are encouraged to consider the dress code as workday casual. Footwear for men and women should be appropriate for the position in which the staff person works. Comfortable soft soled walking shoes are encouraged. Tennis shoes are permitted provided that they are not visibly dirty or excessively worn. Cosmetics, colognes and fragrances must be kept to a minimum so as to prevent discomfort and/or allergic reactions from residents and co-workers. Jewelry must be conservative in nature and should not compromise health, sanitation and safety.

• Shoes must provide safe, secure footing, and offer protection against hazards. • Tank tops, tube or halter tops, or short may not be worn under any circumstances. • Mustaches and beards must be clean, well-trimmed and neat. • Hairstyles are expected to be in good taste. • Offensive body odor and poor personal hygiene is not professionally acceptable. • Perfume, cologne, and aftershave lotion should be used moderately or avoided altogether, as

some individuals may be sensitive to strong fragrances. • Jewelry should not be functionally restrictive, dangerous to job performance, or excessive. • Torso body piercings with visible jewelry or jewelry that can be seen through or under clothing

must not be worn during business hours. Requests for modification to the dress code are available for persons observing seriously held religious beliefs or are in need of reasonable accommodations.

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Crisis Intervention Policy / Weapons / Violence in the Workplace The employer recognizes that the level of violence in society as a whole, and thus in the workplace, is escalating. The employer is concerned about the safety, health and welfare of our employees and thus has adopted this policy to minimize the risk of violence in the workplace.

Firearms and other weapons Employees are specifically prohibited from carrying or possessing any firearm or any other weapon while at the workplace, on the premises, or any time during the course of employment. Employees who violate this policy are subject to corrective action, up to and including termination from employment.

Observations and Reports of Concerns Employees who notice that a co-worker is seriously or chronically angry, upset, moody or depressed are to inform their manager or the Human Resources Department of the situation immediately. Indications of a problem could be concentration problems, confusion, decreased productivity, poor hygiene, inappropriate emotional reactions, a fascination with firearms, withdrawal from social interaction, and unusual or changed behavior. Employees who are threatened or disturbed by the actions or communications of a co-worker or resident should report the incident to their manager or to the Human Resources Department immediately. The employer will take all reports seriously and will immediately take appropriate steps to stop the incidents and prevent a recurrence. If the situation is potentially explosive, law enforcement officers may be notified. If a friend or relative of an employee enters or attempts to enter the employer premises under the suspicion of threat to the employee or other persons, the employee will be removed from the schedule until the potential or actual risk to the employee or others is eliminated. The confidentiality of all of those involved in the above-described situations will be maintained to the greatest extent possible. Reports of potential problems will be dealt with effectively, calmly, and professionally, and the paramount concern will be protecting the health and well-being of all of our employees. Should a crisis occur, employees should immediately contact their manager, the Human Resources Department, or the Executive Director. If appropriate, the building should be evacuated, and law enforcement or emergency employee should be contacted.

Conflicts Of Interest It is the responsibility of every employee to avoid conflicts of interest in dealing with residents, family members, contract agencies, vendors, suppliers and any other individual or organization with whom a conflict can arise. A conflict of interest is defined as an employee having a personal direct or indirect financial interest in any transaction for which an employee has responsibility. Any employee who thinks that he or she faces a potential conflict, or the appearance of a conflict should immediately inform the Executive Director in writing.

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No Solicitation/No Distribution Policy In the interest of efficiency and for the protection of the workplace, the employer has adopted the following policy concerning solicitation and distribution of materials by non-employees: There shall be no solicitation or distribution of materials by a non-employee during the working time of the person(s) being solicited.

Employment of Relatives & Personal Relationships among Co-Workers The employment of relatives of employees is permitted by the employer as long as qualifications for the position are met and, in the opinion of the employer, employing the relative will not create an actual or perceived conflict of interest. Employees will not be permitted to work in positions where relatives will influence, or be influenced by, decisions affecting work assignments, responsibilities, salary, promotion or other career matters. Managers who seek to hire, transfer or promote their own relatives must obtain prior written approval from the Executive Director.

Relative Defined Relatives include a spouse, parent, parent-in-law, child, grandparent, grandchild, sister/brother, sister-/brother-in law, aunt/uncle, niece/nephews, and any individual with whom the employee has a personal relationship.

Personal Relationships Personal relationships may create an actual or perceived conflict of interest, and/or create the risk of sexual harassment/hostile work environment related claims. Thus, managers may not hire, promote or directly supervise any person with whom they have a personal relationship, nor may they engage in any personal relationships with their subordinates.

Personal Relationship Defined A personal relationship includes, but is not limited to, the following activities: dating, sharing the same household or other activities that may give rise to an inherent subjectivity or conflict of interest.

Notice An employee must notify the employer if his or her relationship to another employee changes to fit the definition of “relative” above. If a personal relationship develops between a manager and subordinate, both employees are required to inform the appropriate manager.

Employer Discretion The employer reserves the right to use its sole discretion in hiring, assigning and transferring relatives in a manner calculated to eliminate potential conflicts of interest or other employment complaints. To do this, the employer will take action that is fair and equitable and that will remove any direct reporting or management relationship between employees who are defined as “relatives.” Similarly, the employer reserves the right to use its sole discretion in hiring, assigning or transferring employees who have personal relationships with co-workers. The employer will take action that is fair

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and equitable to eliminate any direct reporting or management relationship between employees who are involved in a personal relationship. Finally, the employer may change the placement of relatives and individuals involved in a personal relationship regardless of whether there is a direct reporting or management relationship if the employer determines that the personal relationship actually or potentially interferes with the employee’s job performance.

Driving on Employer Business The employer has adopted the following policy on employees driving on employer time. This policy applies whether the driving is in an employer-owned or leased vehicle, a temporary rental vehicle, the employee’s own vehicle or any other vehicle. Smoking is not allowed in company owned, leased, or rented vehicles. Employees may not smoke in their own vehicles while transporting residents.

Safety Laws and Regulations It is the expectation that all employees obey all safety laws and regulations of any city or state in which they operate. Safety belts must be used.

Motor Vehicle Reports If an employee drives on employer time for any reason, he or she may be asked to consent to allowing the employer to obtain and review a copy of the employee’s motor vehicle record. To the extent any adverse action is contemplated against an employee because of his or her driving record, they will be provided with a copy of their consumer rights and a copy of the motor vehicle report. The employer’s insurer may also be reviewing employee driving records for acceptability.

Insurance Requirements Employees who drive in the scope of employment are required to maintain a personal automobile policy with a minimum combined $100,000/$300,000 for bodily injury and $100,000 for property damage. The policy shall also include any other coverage required by state law, including but not limited to No-Fault coverage. The employee shall furnish evidence of this insurance to the employer from time to time as requested by the Human Resources Department.

Unacceptable Drivers An unacceptable driver is an individual who will not be permitted to drive on employer time for any reason. Such drivers are those who:

• Do not have a valid Michigan driver’s license.

• Have a driver’s license that is suspended by the Secretary of State or a court of law.

• Have incurred three (3) moving violations within the past three (3) years.

• Have had three (3) at-fault accidents in the past three (3) years.

• Have had one or more of the following driving convictions in the past five (5) years: 1) Driving while license suspended (DWLS). 2) Any alcohol-related conviction or plea (including driving under the influence of alcohol, driving

while impaired, unlawful blood alcohol content, or open intoxicants in the motor vehicle).

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3) Reckless or careless driving. 4) Hit and run. 5) Vehicular manslaughter conviction. 6) Auto theft. 7) Drugs or narcotics. 8) Speed contest or exhibition of speed. 9) Attempting to elude police officer. 10) Passing a school bus with its lights flashing 11)Failure to stop/report accident.

• Are unable or unwilling to comply with the employer’s policies on driving on employer time as determined by the employer in its sole discretion.

It is the responsibility of the employee to immediately report any incident that makes him or her ineligible to drive on employer time. Failure to comply with this reporting requirement may result in disciplinary action up to and including termination. If the employee does not meet the above standards, he or she will be immediately prohibited from any driving on employer time. Depending on the needs of the company at the time an unacceptable driving record may be cause for termination of employment.

Cell Phone and Other Distractions While Driving Employees whose job responsibilities include driving are prohibited from cell phone use while driving. Drivers shall comply with all federal, state, and local laws and regulations regarding the use of mobile technology devices including cell phones. Texting while driving is strictly prohibited, as are all forms of distracted driving.

Acceptance of Gifts and Loans Employees are strictly prohibited from accepting gifts of any kind from residents for whom the employer provides care, family members, friends of residents, or from individuals or organizations with which there is a direct business relationship. It must be made clear that compensation (of any type) for services rendered to the resident is limited strictly to the financial agreement established in the Resident Care Agreement. Similarly, it must be made clear that the employer's business decisions are made entirely on the basis of merit, as accurately as can be determined. If employees receive a gift or are asked to accept a gift, they must report it immediately. Employees are not permitted to borrow money from residents, family members of residents, friends of residents or co-workers under any circumstances. Employees are not to commingle, borrow or pledge funds of a resident. Michigan law makes it a misdemeanor, with the possibility of a two-year imprisonment, a $25,000 fine or both if convicted.

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Confidentiality of Resident Information Each resident has a right to confidentiality. In accepting employment at this facility, employees are placed in a position of trust in regard to any and all information regarding the residents. Employees must constantly be aware of the confidential nature of all information regarding the residents. All reports, records and data are confidential which pertain to testing, care, treatment, reporting and research associated with the serious communicable diseases or infection of HIV infection, Acquired Immunodeficiency Syndromes, and Acquired Immunodeficiency Syndrome-related complex. Any employee who releases information in any form about a resident pertaining to the resident's HIV status, may be guilty of a misdemeanor, punishable by imprisonment for not more than one year or a fine of not more than $5,000 or both, and is liable in a civil action for actual damages or $1,000, whichever is greater, and costs and reasonable attorney fees. If anyone contacts an employee about a resident for which this section may be applicable, immediately direct the person to the Administrator. Information concerning the residents is not to be discussed outside the workplace. Information concerning the residents or staff person should not be released, whether written, orally or over the phone, to any individual or agency without the approval of the Employer.

Sleeping on Duty Sleeping on duty is strictly prohibited unless it is a bonafide sleep shift. Sleeping on the job may result in corrective action up to and including termination.

Visitors No visitors other than family, guardians or friends of residents and government officials are allowed in the assisted living community without permission from the employer. Residents are permitted to have visitors at any time that they choose. Staff must respect the residents right to have visitors and must treat them with dignity and respect at all times. When appropriate, staff should ask for acceptable identification and/or verification of authority of non-family/friends visitors unknown to staff. Staff shall maintain a log of visitors. This applies to former employees as well as strangers. It is the responsibility of each employee to refer unauthorized visitors to the employer. Employees are prohibited from visiting the assisted living community during off-duty hours unless the employer approves a bona fide reason for the visit in advance. Employees are permitted to pick up their paycheck on payday. Such visits must be brief, and no services may be performed. All other visits require advance approval. Employees are prohibited from bringing anyone into the home unless pre-approved by manager and the Administration.

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Confidentiality of Employer Information Employees have access to a wide range of confidential information. "Confidential information" is information which is not generally known and which the employee obtained solely as a result of his or her employment. It includes, but is not limited to, written records and lists as well as knowledge of residents, the employer's suppliers, methods of operation, policies, trade secrets, pricing, financial condition, including information related to profits, sales, net income and debt. During employment, employees should only share or discuss confidential information with other employees on a need to know basis. It is not information which should be gossiped about or discussed with any other employees who do not have a need to be aware of that information. Employees should never discuss confidential information with anyone outside of the employer. Furthermore, employees should not directly or indirectly copy or remove from the employer's premises any confidential information unless the employee has a business reason for doing so and has received his or her manager's permission before doing so. When employment ends, employees must return to the employer all originals and all copies of any confidential information. As a condition of employment employees must sign a confidentiality agreement. That agreement is a legally binding document in which employees acknowledge their obligation to maintain and protect the confidential information of the employer. If at any time employees have any questions concerning what is or is not confidential and what their duties are with regard to confidential information, they should not hesitate to discuss those questions with their immediate manager.

Social Media Social media includes, but is not limited to, all means of communicating or posting information or content of any sort on the Internet, including the following forums: blogs, podcasts, discussion boards, on-line collaborative information and publishing systems that are accessible to internal and external audiences (i.e., wikis), RSS feeds, video sharing, personal websites, and social networks like Facebook, Instagram, snapchat, Twitter, etc. The employer respects the legal rights of our employees, and this policy is not intended to nor will it be applied to limit those rights. Activities inside or outside of work that affect the employer’s interests in confidential or proprietary information, our partners and competitors, or the privacy, comfort and safety of our customers and employees is the proper focus for this policy. What an employee writes online can be read by anyone, and to the extent that an employee’s personal behavior negatively impacts the employer’s interests, the employer has the right to take disciplinary action against the employee up to and including termination.

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Unacceptable Use The goal of this section is to outline unacceptable uses and behaviors by employees. Employees are expected to practice good judgment in their social media use and are responsible for all of the content they publish on social media forums.

Work Interference. Any personal social media use that unreasonably interferes with an employee’s job or work commitments is strictly prohibited. Egregious Behavior. Any social media use that violates the employer’s discrimination or harassment policies is strictly prohibited. This includes comments and images that are vulgar, obscene, defaming, threatening, intimidating, or harassing, or comments or images that in any way target someone on the basis of age, race, religion, sex, ethnicity, nationality, disability, pregnancy or other protected classes, status, or characteristic. Show proper consideration for others’ privacy and for topics that may be considered objectionable or inflammatory such as politics and religion.

Inappropriate Websites. Access to lewd, obscene, or otherwise inappropriate sites on the Internet is strictly prohibited.

Solicitation. Harassing or unreasonably pressuring other employees to connect with you via social media is strictly prohibited.

Confidential Information. Do not use social media to disclose confidential, proprietary, or embargoed information about the employer or its residents. This information includes trade secrets, internal business-related confidential communications, pending reorganizations, customer news, and photographs of residents, staff, and employer properties. It does not include information about terms and conditions of your employment. Employees must comply with all securities regulations and other laws. Employees must comply with all HIPAA regulations and employer confidentiality procedures. Intellectual Property. Employees must respect all copyright and other intellectual property laws. The commercial use of any of employer’s protected intellectual property, including trademarks, logos, and photographs, on social media forums without permission is strictly prohibited. Representations. Representing any opinion or statement as the policy or view of the employer, or of any individual in their capacity as an employee, or otherwise on behalf of the employer is strictly prohibited. Employees are responsible for ensuring that statements are not construed as a representation made on or on behalf of the employer. If an employee’s use of social media may be reasonably construed as a representation made on behalf of the employer, the employee must expressly state: “These statements are my own and do not represent CLC’s positions, strategies or opinions.”

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Reporting Violations of Policy

Duty to Report. All employees have a responsibility to immediately report to their managers any violation of this social media policy. No Retaliation. The employer prohibits taking negative action against any employee for reporting a possible violation of the social media policy or for cooperating in an investigation. Any employee who retaliates against another for reporting a violation or for cooperating in an investigation will be subject to corrective action.

Media Contact The goal of this section is to ensure a consistent, controlled organizational message from the employer. Designated Spokespersons. The employer shall respond to the media in a timely and professional manner through its designated spokespersons. Only those officially designated by the employer have the authorization to speak on behalf of the organization.

Employee Media Contact. Employees must not speak to the media on the employer’s behalf. Employees must respond to all media questions only by replying that you are not authorized to comment for the employer or that you do not have the information being sought. Employees should then take the name and contact information of the media organization and inform their manager.

Media Access. Employees are strictly prohibited from granting the media access to the employer’s property and facilities without prior approval from the Administration.

Computers and Electronic Communications The employer has established the following policy that governs the use of computer and telephone systems at the workplace, including computer operating systems, software, equipment, accessories, computer files (removable electronic media, hard drive and network), telephone operating systems, telephone equipment, cellular phones, e-mail and other electronic communications.

Property Rights The employer computer operating systems, software, equipment, accessories, computer files (removable electronic media, hard drive and network), telephone operating systems, telephone equipment, e-mail and other electronic communication devices are the sole and exclusive property of the employer. In addition to the system hardware and software, all electronic files and electronic messages, including e-mail and voice mail messages, are the property of the employer, whether composed, received or sent by the employee.

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Business Use All employer computer operating systems, software, equipment, accessories, computer files (both removable electronic media and hard drive), telephone operating systems, telephone equipment, e-mail and other electronic communications are to be used exclusively for business purposes, meaning that the use of such equipment and systems must be job-related. Employees are prohibited from using employer computer operating systems, software, equipment, accessories, computer files (both removable electronic media and hard drive), telephone operating systems, telephone equipment, e-mail and other electronic communications for any non-business use except for reasonable personal use. Under no circumstances should software or other copyrighted materials be copied without proper authorization.

Personal Cell Phones and Electronic Devices

Office Staff and Management Generally, phone calls and texting should be kept to a minimum during work hours. Cell phones shall be turned off or set to silent or vibrate mode during meetings, conferences and in other locations where incoming calls may disrupt normal workflow. If use of a personal cell phone causes disruptions or loss in productivity, the employee may be subject to corrective action up to and including termination of employment depending on the degree of violation of this policy.

Direct Care Staff Employees who are providing direct care to residents are generally prohibited while on duty from using personal cellular phones, pagers or other electronic devices for the purposes of receiving or initiating personal phone calls or digital communications including text messages and photographs, unless it is deemed an emergency. It is also prohibited to take pictures of residents, staff, houses, and any CLC property without the consent of the Executive Director.

Employer Phones Employees are to use the business telephone for business purposes only, or in case of extreme personal emergency. No personal calls are to be received or made during working hours.

Use of E-mail, Voice Mail, Texting, and Internet The employer’s policy on e-mail, voice mail and Internet usage in the work environment is as follows:

1) The communication of trade secrets and/or proprietary confidential information via voice mail or e-mail is prohibited. Employees are reminded that they must treat this information at all times in a secure manner and must not deviate from that obligation by communicating it via e-mail or voice mail.

2) Employees should have no expectation of privacy in e-mail or voice mail communications, whether

to managers, co-workers, or others. Even if e-mail is deleted from the employee’s screens, it is not deleted from the system, and even if employees have private code words for e-mail access, their e-mail is not private, since their messages still can be accessed.

3) E-mail messages are the equivalent of business memorandums and should therefore be used

cautiously with words and messages prudently selected. An employee should not commit to e-mail

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what he or she would not readily commit to a business memo. The policy also includes e-mail retention and deletion policies that include archiving e-mails or purging them at stated intervals.

4) Employees are reminded that e-mail or voice mail may not be used to defame individuals or to

convey messages or images that would violate the employer’s policy that strictly prohibits discrimination and harassment of any kind, including sexual harassment.

5) The solicitation of employees or distribution of information not related to the employer’s business is

prohibited. 6) Employees are reminded that misuse of e-mail or voice mail may result in corrective action,

including discharge from employment. 7) All e-mail and voice mail are the employer’s property, and the employer reserves the right to access

and/or monitor such communications at its sole discretion. This includes personal e-mail accounts accessed via employer owned property.

8) E-mail and voice mail may not be used for personal purposes or gain but is to be employed strictly as

a business information tool. 9) The employer reserves the right to determine, at the employer’s sole discretion, what constitutes

permissible use of e-mail in the event of a dispute.

Internet Usage Access to the Internet through the employer is a privilege and carries responsibilities reflecting responsible and ethical use. Limited personal use of the Internet may be permitted by the employee’s manager. However, the employee is reminded that any personal use of the Internet is expected to be on the user’s own time and is not to interfere with the person’s job responsibilities. In addition, any usage of social media shall be governed by the provisions regarding that topic in this Handbook. At any time and without prior notice the employer may examine e-mail, personal file directories, Internet history and other information stored on employer owned computers. This examination helps to ensure compliance with internal policies, supports the performance of internal investigations and assists the management of information systems. Some examples of inappropriate behavior include:

• Illegally downloading electronic files, including those that may be copyrighted;

• Downloading, transmission and/or possession of pornographic, profane or sexually explicit materials;

• Sending threatening messages/files;

• Sending racial, ethnic, religious, sexually harassing or offensive messages/files;

• Sending chain letters through e-mail;

• Attempting to access any computer system without proper authorization;

• Sending or posting proprietary or employer confidential information;

• Using employer time or resources for personal gain.

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Internet activity may be monitored by the employer and privileges may be limited, changed or revoked at any time. Inappropriate use of the Internet is grounds for termination.

Employer Provided Electronic Devices Employer provided devices should be used for business purposes only. The electronic devices, all rights to licensed software and any data entered on the electronic devices by the employee is the property of the employer. All data entered on any electronic devices relates to the employer or residents of the employer and belongs to the employer. Employees agree to treat such data as confidential and not transfer or disclose confidential information without the prior approval of the employer. The electronic devices may be loaded with software that has been provided to the employer by software developers under various licensing agreements. Each software licensing agreement prohibits the unauthorized transfer, duplication or copying of the software. The use of the software is restricted to the specific electronic device that is assigned to the employee. Employee agrees to use the software in accordance with the licensing agreement and will not copy any software for use on any other electronic device. If, in the future, additional software programs are to be installed on any of employee’s electronic devices, the installation of additional software shall be done only by or under the supervision of employer management designated for this purpose. Employee will be expected to treat his/her assigned electronic devices with the same standard of care as if the employee owned the electronic devices. Damage, loss or theft of the electronic devices will be handled on a case-by-case basis. Employee may be held responsible for repair or replacement of the electronic devices, which have been damaged, lost or stolen, if in the reasonable judgment of the employer the employee has been grossly negligent in caring for the electronic devices or has intentionally caused damage. Employee must return any assigned electronic devices when requested by the employer and in all events must return all electronic devices immediately upon termination of employment with the employer. The electronic devices are being assigned to the employee for employment purposes only. Because the electronic devices will have confidential information stored on them, the electronic devices shall be used only by the employee or by other employees of the employer.

Connecting to Employer Electronic Resources When using any personal PC, laptop or other device to connect to the employer’s electronic resources, all employees must verify the following two security requirements. This is required when using your personal equipment on the employer’s premises or any other location.

1) Employees must verify that virus software is installed on the device and all updates are current; and

2) Employees must verify that the operating system, security patches and updates, as released

by the manufacturer, are also current.

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Using or Accessing Employer Confidential Information Outside the Office As is true of most companies today, the data stored on our employer’s computers is among our most valuable assets. If that data is lost or stolen, it can have an adverse effect on all of us. Employer confidential information must not be accessed from a public computer, private computer or other electronic device that is not owned by the employer or the employee. The employee must follow all employer security requirements, which includes keeping the computer or other electronic device utilized to access confidential information up to date with current anti-virus software and patches and following employer protocols for secure remote access to employer information systems. The employee must not allow the computer or other electronic device to be used in ways that would compromise the security and confidentiality of the computer, device, the information stored on the device, or the employer information systems. While working in remote or off-site locations, confidential information should not be printed or photocopied unless absolutely necessary. Confidential information taken from the employer to an offsite location must be returned to the employer on the employee’s next scheduled work day. Employer owned media containing confidential information that is no longer needed must be returned to the employer and “scrubbed” or disposed of appropriately. This includes but is not limited to, printed information, faxes, hard drives, diskettes, CDs and thumb drives. Media owned by the employee and used to access confidential information must be “scrubbed” and otherwise disposed of according to standards established by the employer. Non-employees, except as otherwise authorized by the employer, must not be permitted access to employer computers or confidential information in any circumstance. Employees must never leave open laptops, keyboards, mice or other input devices where non-employees could access it without the knowledge of employees.

Notice of Violations Employees who observe violations of these policies shall notify their manager or the Human Resources Department.

Policy Changes The employer reserves the right to modify or change the policies set forth above to comply with applicable law, to meet changing circumstances or for any other reason.

Employer Property and Searches Policy Desks, file cabinets and offices are the property of the employer and must be maintained according to employer rules and policies. Employer property provided to employees must be maintained and used only for proper work-related purposes and used in an appropriate manner. The employer reserves the right to inspect all employer property to ensure compliance with its rules and regulations. The employer further reserves the right to inspect all property or items stored on employer property. While the employer will attempt to advise the employee at the time of a search or inspection, the employer reserves the right to make any investigation or search without notice to the employee and in the employee’s absence. The employer will take those actions necessary for its legitimate business needs while also trying to be reasonable and consistent.

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Prior authorization must be obtained before any employer property may be removed from the employer premises.

Inspection of Containers and Packages The employer reserves the right to inspect all containers and packages entering or leaving the premises such as boxes, bags, lunch buckets, brief cases, purses, etc., at all locations on the employer’s premises.

Classifications of Employment For purposes of salary administration and eligibility for overtime compensation, the employer classifies its employees as follows:

• Full-Time Employees: Employees hired to work the employer’s normal, full-time work week of at least thirty (30) hours on a regular basis. Such employees may be “exempt” or “nonexempt” for overtime purposes, as defined below.

• Part-Time Employees: Employees hired to work fewer than thirty (30) hours per week on a regular basis. Such employees may be “exempt” or “nonexempt” for overtime purposes, as defined below.

• Temporary Employees: Employees engaged to work full-time or part-time on the employer’s payroll with the understanding that their employment will be terminated no later than upon completion of a specific assignment or time period. In addition, the employment relationship is “at-will” and may be terminated by the employer or the employee without notice, cause or reason. (Note that a temporary employee may be offered and may accept a new temporary assignment with the employer and thus still retain temporary status.) Such employees may be “exempt” or “nonexempt” for overtime purposes as defined below. (Note that employees from temporary employment agencies for specific assignments are employees of the respective agency and not of the employer.)

• Nonexempt Employees: Hourly employees who are required by law to be paid overtime at the rate of time and one half their regular rate of pay for all hours worked beyond forty (40) hours in a work week.

• Exempt Employees: Salaried employees who are not required by law to be paid overtime for work performed beyond forty (40) hours in a work week.

You will be informed of your initial employment classification and of your status as an exempt or nonexempt employee at hire. If you change positions during your employment as a result of a promotion, transfer or otherwise, you will be informed by the Human Resources Department of any change in your exemption status. Please direct any questions regarding your employment classification or exempt status to the Human Resources Department.

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Employee Record/File

Contents of Record A employee record will be maintained for each employee. Pursuant to Michigan Law under the Bullard-Plawecki Employee Right to Know Act, “employee record” means a record kept by the employer that identifies the employee, to the extent that the record is used or has been used, or may affect or be used relative to that employee’s qualifications for employment, promotion, transfer, additional compensation, or disciplinary action. Based upon the above definition of employee record, it may contain the employee’s application for employment, federal and state tax forms, evidence of education, resume, training and previous experience, records of hiring, job assignments, work schedules, compensation, job performance evaluations, correspondence relating to the employee, reprimands and other discipline. Separate itemization of all credits for meals, tips and lodging against the minimum wage taken each pay period, if any, may also be included in the file. The file may contain other information not prohibited by law. The following information will be maintained in a separate record:

• Employee medical records;

• Employee references;

• Information of a personal nature about a person other than the employee.

Employee Record For the purpose of maintaining complete and accurate employee records, employees are required to report any changes in their personal status to the employer. The information needed is as follows:

• Change of address or telephone number;

• Any change affecting employee’s tax withholding status;

• Legal change of name;

• Change of person(s) designated to call in case of emergency;

• Change that would affect an employee’s insurance benefits.

Employee Access to Employee Record Pursuant to Michigan law, employees may review and request a copy of their employee record. Under the Bullard-Plawecki Employee Right to Know Act, “employee” means a person currently employed or formerly employed by an employer. Employees may also file a response regarding the content of his or her employee record. If an employee wants to review his or her employee record, a written request must be submitted to the employer. The request for review should include the employee’s name, Social Security Number, dates of employment and the specific location at which the employee works or worked. The examination of the employee record will be supervised and will be scheduled during regular office hours, unless other arrangements are necessary.

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If an employee requests a photocopy of the contents of his or her employee record, the employer requires reimbursement for the employer’s actual incremental cost of making the photocopies. If there is a disagreement between the employer and the employee regarding the contents of the employee record, the employee may submit up to five pages (8.5 x 11 inches) of written response. This response will be included when the employee record is divulged to a third party.

Social Security Number Privacy Policy Pursuant to the Michigan Social Security Number Privacy Act, Public Act 454 of 2004, the employer’s goal is to maintain, to the greatest extent possible, the confidentiality of the Social Security Numbers of employees and residents. It is the strict policy of this employer that Social Security Numbers will not be released to anyone outside the employer, except as required by law or otherwise permitted under the Social Security Number Privacy Act. Additionally, management controls are in place to assure that employee and client Social Security Numbers will be made available internally on a “need-to-know basis.” This employer shall not intentionally do any of the following with the Social Security Number of an employee or a resident except as required by law or otherwise permitted under the Social Security Number Privacy Act: 1) Publicly display all or more than 4 sequential digits of the Social Security Number.

2) Use all or more than 4 sequential digits of the Social Security Number as the primary account

number for an individual except as permitted under the Social Security Number Privacy Act.

3) Visibly print all or more than 4 sequential digits of the Social Security Number on any identification badge or card, membership card, or permit or license.

4) Require an individual to use or transmit all or more than 4 sequential digits of his or her Social Security Number over the internet or a computer system or network unless the connection is secure or the transmission is encrypted.

5) Require an individual to use or transmit all or more than 4 sequential digits of his or her Social Security Number to gain access to an internet website or a computer system or network unless the connection is secure, the transmission is encrypted, or a password or other unique personal identification number or other authentication device is also required to gain access to the internet website or computer system or network.

6) Include all or more than 4 sequential digits of the Social Security Number in or on any document or information mailed or otherwise sent to an individual if it is visible on or, without manipulation, from outside of the envelope or packaging.

7) Include all or more than 4 sequential digits of the Social Security Number in any document or information mailed to a person, unless any of the following apply:

a) State or federal law, rule, regulation, or court order or rule authorizes, permits, or requires that a Social Security Number appear in the document.

b) The document is sent as part of an application or enrollment process initiated by the individual.

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c) The document is sent to establish, confirm the status of, service, amend, or terminate an account, contract, policy, or employee or health insurance benefit or to confirm the accuracy of a Social Security Number of an individual who has an account, contract, policy, or employee or health insurance benefit.

d) The document or information is mailed by or at the request of an individual whose Social Security Number appears in the document or information or his or her parent or legal guardian.

e) The document or information is mailed in a manner or for a purpose consistent with subtitle A of title V of the Gramm-Leach-Bliley Act, 15 USC 6801 to 6809; with the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191; or with Section 537 or 539 of the Insurance Code of 1956, 1956 PA 218, MCL 500.537 and 500.539.

The employer may use all or more than 4 sequential digits of the Social Security Number if the use is an administrative use of all or more than 4 sequential digits of the Social Security Number in the ordinary course of business to do any of the following:

a. Verify an individual’s identity, identify an individual, or do another similar administrative purpose related to an account, transaction, product, service, or employment or proposed account, transaction, product, service, or employment.

b. Investigate an individual’s claim, credit, criminal, or driving history.

c. Detect, prevent, or deter identity theft or another crime.

d. Lawfully pursue or enforce a person’s legal rights, including, but not limited to, an audit, collection, investigation, or transfer of a tax, employee benefit, debt, claim, receivable, or account or an interest in a receivable or account.

e. Lawfully investigate, collect, or enforce a child or spousal support obligation or tax liability.

f. Provide or administer employee or health insurance or membership benefits, claims, or retirement programs or to administer the ownership of shares of stock or other investments.

Those documents that include Social Security Numbers that are discarded are to be shredded. Any violation of this policy will result in discipline up to and including termination of employment.

Payroll Procedures Paychecks are issued biweekly every-other Friday. If the pay date falls on an employer-observed holiday, you will usually be paid on the workday preceding the holiday. All required deductions for Federal and State income taxes based on the employee’s Forms W-4 and MI-W4, Social Security and Medicare will be withheld automatically from your paycheck. Please review your paystub for errors. If you find a mistake, report it to the Human Resources Department immediately. The Human Resources Department will assist you in taking the steps necessary to correct the error. All noted errors must be reported within two weeks of the payroll issuance date. In the event of an erroneous overpayment, the Human Resources Department will advise the employee of the necessary adjustments to the subsequent paycheck(s). Salaried employees are paid 1/26th of their annual salary each pay period.

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Overtime Pay Procedures If you are classified as a nonexempt employee (see the classifications of employment policy section for the definition of “nonexempt employee”), you will receive compensation for approved overtime work as follows: 1) You will be paid at straight time (i.e., your regular hourly rate of pay) for all hours worked up to forty

(40) hours in any given workweek. 2) You will be paid one and one-half times your regular hourly rate of pay for all hours worked beyond

the forty (40) hours in any given workweek.

3) Hours worked for purposes of calculating overtime do not include Paid Time Off days, Bereavement days, Holidays or days serving jury duty.

4) Your manager will attempt to provide you with reasonable notice when the need for overtime work

arises. Please remember, however, that advance notice may not always be possible. Non-exempt employees are prohibited from accessing job related emails or conducting job related business outside regular work hours without employer approval.

5) For purposed of calculating overtime, a pay week is defined as a seven-day period from Monday

6:00 am to Sunday 5:59 am. Any overtime is based on that schedule. 6) All overtime must be approved in advance.

Recording Work Hours It is the policy of the employer to comply with applicable laws that require records be maintained of the hours worked by our employees. To ensure that accurate records are kept of the hours you actually work (including overtime hours where applicable) and of the accrued personal time you have taken, and to ensure that you are paid in a timely manner, you will be required to record your time worked and your absence on the employer’s official time keeping system. You are responsible for punching in and out at the beginning and end of your scheduled shifts. The time system must accurately reflect all hours worked, including overtime. This system must also specifically note PTO, meal periods, late arrivals, early departures and all other unpaid or paid absences. Any misrepresentations or false statements made in the timekeeping system may result in the employee’s termination. If an employee has failed to report hours worked accurately, the missed hours will be corrected on the following pay period. If the mistake is made by the employer, the employer will correct within 1 business day. Failure of the employee to note any discrepancies or inaccuracies which result in underpayment for hours worked or amount of pay within two weeks of receiving a paycheck shall result in a final determination that the hours and pay are correct. In the event of an overpayment of wages due, the employee is to notify the employer immediately.

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Fair Labor Standards Act Policy Improper deductions from salaries of exempt employees are not to be made. If you believe that an improper deduction has been made, immediately report this information to the Executive Director. Preferably, the report will be made in writing and immediately after the deduction has been made. Reports of improper deductions will be promptly investigated. If it is determined that an improper deduction has occurred, you will be promptly reimbursed for any improper deduction that was made.

Qualifications Offers of employment will be extended to only those applicants that can demonstrate that they meet all of the employer's employment requirements and qualifications. Applicants will be evaluated based on the position for which the applicant has applied. The employer reserves the sole discretion to define the required qualifications for each category of staff positions. Direct Care Staff Shall Meet All of the Following: 1) Must be able to complete required reports and follow written and oral instructions that are related

to the care and supervision of residents. 2) Must be suitable to meet the physical, emotional, intellectual and social needs of each resident. 3) Must be capable of handling emergency situations. 4) Before performing assigned tasks, must be competent in all of the following areas:

a) Reporting requirements b) First Aid c) Cardiopulmonary resuscitation d) Personal care, supervision and protection e) Resident rights f) Safety and fire prevention g) Prevention and containment of communicable diseases

5) Must be in such physical and mental health so as not to negatively affect either the health of the resident or the quality of his/her care.

Employment Requirements and Conditions (All Employees) The employer is required to comply with extensive state and federal laws that govern the hiring of employees and the maintenance of employee records. Accordingly, the employer must have the following documents on file prior to the commencement of the relationship or by the time otherwise designated: 1) Completed and signed Job Application 2) Employee Medical Release Form (Physical) 3) Tuberculosis Test (as required by applicable state licensing rules)

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4) Federal and State Withholding Tax Forms 5) Employment Immigration Eligibility Form (1-9) must be completed within three (3) days of hire 6) Verification of reference checks (can be provided by relatives, friends and/or past Employers) 7) Signed Acknowledgements

a) At-Will Statement b) Receipt of Employee Handbook c) Handbook Changes and Waiver Clause d) Statement of Driver Responsibility e) Substance Screen Policy

8) Certificate of Vehicle Insurance (if employee transports residents in his/her automobile or uses

his/her automobile for employer business when on duty) 9) Driver's License (copy of) (only if employee will drive as part of job functions) 10) New Hire Reporting Form All of this information must be turned in to the office within three (3) weeks of the hiring of the employee unless a shorter time period is noted.

Job Description Upon application, each employee will receive a written job description which describes the following: 1) Qualifications necessary for the position 2) Essential functions of the position 3) Job classification 4) Brief description of responsibilities and duties 5) Title of immediate manager Any job description distributed by the employer is not inclusive of all duties that the employee will be required to perform. The employer expressly reserves the right to change the responsibilities and duties at its sole discretion. The job description may be changed orally by the employer, and the employer need not provide a new written job description. Upon hire, the job description shall be signed by the employee to indicate acceptance and knowledge of the responsibilities of the position. The signed job description shall be placed in the e mployee's employee file at the office with a copy provided to the employee.

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Social Security Social Security (F.I.C.A.) taxes are deducted from wages earned as required by federal law. This program protects the employee financially when he or she reaches old age and provides disability income for various categories of employed and dependent persons. The employer matches the amount deducted from the employee's pay check for this program.

Promotions It is the policy of the employer that, as our organization continues to expand and grow, we will endeavor to fill new job opportunities from among our own employees, provided, in the employer’s judgment, a fully qualified person is available. For persons desiring consideration for a promotion, the areas to be evaluated include but are not limited to: skills, abilities, education, seniority, attendance, willingness to accept assignments, dependability, and quantity and quality of work accomplished. The employer reserves the right to hire outside its current staff if, in the judgment of the employer, persons from outside the present employees are more qualified.

Performance Evaluations At least annually, the employer will schedule performance evaluations. Such evaluations may be more frequent and may be conducted without notice at the employer’s sole discretion. Performance should also be managed between the direct manager and the employee regularly through informal conversations that may be documented if a performance issue exists. Performance issues will generally be documented in the performance management system.

Training and Staff Meetings All necessary training required by the employer or any state, federal or local agency must be completed by all employees. Documentation of training will be kept in each employee’s employee file. All employees will be required to attend all regular and special staff meetings and special in-service training sessions that may be held by the employer. Documentation of in-service attendance will be kept on file.

Required Training for CLC Staff

Training Requirements Staff Working in Group Homes

• Recipient Rights (Annually) • Due Process (Every three (3) years) • CPR and First Aid (Every two (2) years)

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• Bloodborne Pathogens (Annually)Unit 1 – Introduction to Human Services (Every three (3) years) • Unit 3 - Nutrition (Every three (3) years) • Unit 4 – Environmental Emergencies (Every three (3) years) • Unit 5 – Health (Every three (3) years) • Unit 6 – Medications (Every three (3) years) • Units 7 & 8 – Working with People (Every three (3) years) • Limited English Proficiency (Every three (3) years) • Cultural Competency (Every three (3) years) • Trauma Informed Care (included in Unit 1 and 7/8) • Any training as determined by group home manager and/or CLC Administration

Training Requirements for Staff Working in CLS Programs

• Recipient Rights • Due Process • CPR and First Aid • Bloodborne Pathogens • Limited English Proficiency • Cultural Competency • Sign off on Individual Plan of Service (if required) • Any other training as determined by CLC Administration

It is the responsibility of the staff member to enroll, attend, and successfully complete all of their required training. Failure to keep your training certifications up-to-date may result in corrective action including removal from the schedule and/or termination of employment. If inclement weather conditions occur, staff scheduled to attend training should check local radio or television announcements for school closings. MORC Inc. Training will not be specifically identified by name for school closing announcements on television or radio. Listen or watch for announcements regarding Chippewa Valley Schools (Clinton Township site) or Avondale Schools (Auburn Hills site).

Breaks for Breastfeeding Mothers Policy An employee will be provided reasonable break time to express breast milk for her nursing child during the first year of the child’s life. If the break is for less than 20 minutes, it will be paid. Employer will provide a private room in which the employee may express breast milk. Employees may use their private office area for milk expression, if they prefer.

Travel, Meals and Entertainment The employer will reimburse approved expenses only when supported by a written expense report explaining the business purpose or benefit to the employer. The following additional criteria must be met: 1) Travel and other expenses must be approved in advance by the employer. 2) Expenses must be reasonable and reflective of the employee’s efforts to be cost conscious.

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3) All expenses must be reported on the standard expense report form and the detail-entertainment section, supported by receipts, as applicable. 4) The expense report detail section must carry sufficient explanation to indicate the business nature of all expenditures. 5) All air travel is to be coach class, utilizing all available discounts and realizing the lowest cost fare available for the routes flown. Employees are expected to arrange air travel sufficiently far in advance of the date of travel such that advanced purchase discount tickets can be obtained. 6) The cost of meals with other employees will not be reimbursed unless traveling out of town overnight away from the employer. Personal expenses on hotel bills are not reimbursable (e.g., pay movies, personal telephone calls, etc.) 7) All expenses should be reported on a current basis. Expense reports are to be filed monthly. The expense report for the prior calendar month is generally due in the accounting office by the 10th of every month.

Documentation All expenses should be documented by an original receipt. As a result, all entries on expense accounts for hotel, car rental, airline tickets, car phone bills, etc. must be accompanied by an original detailed bill with explanation of business nature. Failure to substantiate a bona fide business purpose for such expenditures or provide original documentation receipts could result in the items being considered ineligible for deduction upon an IRS audit, an event whereby additional taxes and penalties would be due by the employer and the employee.

Substantiation Documentation for business meals and entertainment expenses must substantiate the business purpose of the expenditure by providing the following information: • Date, place, city and description (e.g., lunch, dinner). • Name(s), employer affiliations(s), title(s) of persons attending. • Business purpose (business discussed). • Amount spent (attach receipt).

Approval Each expense report will be reviewed for reasonableness and must be approved by the employer.

Paid Time Off

Paid Time Off (PTO) Defined Paid time off is granted to only full-time employees. As a part of each full-time employee’s (those working at least 30 hours per week on a regular basis) benefits package, an employee earns paid time

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off based on the employee’s months/years of service. For purposes of this Policy, “PTO” may be used for vacations, sick days, doctor appointments, extended bereavement leave, or any other personal reason which requires time off. Thus, each full-time employee is granted a specific number of generic paid days off per year and is not limited to categorical limitations such as “4 vacation days, 2 sick days and 1 personal day.” Rather, the employer stipulates a maximum number of paid days off that the employee may use for any absence. The intent of this Policy is to offer the employee maximum flexibility in utilizing paid time off. Thus, if an employee is never sick during the year, he or she may use all of the time for vacation or other personal reasons. For hourly employees, one PTO day is equivalent to one day (8 hours).

Accrual of Paid Time Off For purposes of monitoring the earnings and use of paid time off, a calendar year based on the employee’s hire date will be used. Regular Full-time (employees working over 30 hours) accrue paid time off as follows: • After 90 calendar days of employment, full-time employees accrue 3 days of vacation per year.

PTO is accrued at 1.2 hours per pay period throughout the year. • After 365 calendar days of employment, full-time employees accrue 6 days of PTO per year. PTO is

accrued at 1. 85 hours per pay period throughout the year. • After 3 calendar years of employment, full time employees accrued up to 10 days of PTO per year.

Paid time off (PTO) is accrued at 3.08 hours per pay period throughout the year. • After 5 calendar years of employment, full-time employees accrue up to 15 days of vacation per

year. PTO is accrued at 4.62 hours per pay period throughout the year. • After 10 calendar years of employment, full-time employees accrue up to 20 days of vacation per

year. Paid time off (PTO) is accrued at 6.15 hours per pay period throughout the year. PTO time off is paid at the employee’s base pay rate at the time of PTO for the amount of hours absent. It does not include overtime or any special forms of compensation such as incentives, commissions, bonuses, or shift differentials.

Scheduling of Paid Time Off PTO is available for use as soon as it is earned, subject to scheduling approval from the manager/employer. Requests for paid time off should be submitted to the employee’s manager via the timekeeping system. When the need for paid time off is foreseeable, the employee must give at least 30 days’ notice. In the event of schedule conflicts between one or more employees seeking time off for the same period, the employer may approve or deny either request (at his or her sole discretion). Similarly, if the employee is requesting time off during a period in which the employer would be left unfairly understaffed, the employee’s manager (at his or her sole discretion) may deny the request for time off. Because PTO is also available for sick time and other unforeseeable uses, the employer requests that the employee notify the employer of his or her absence as soon as the need is known. All employees are expected to make a good faith effort to notify their immediate manager of their intended absence and

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anticipated length of absence. The employee shall speak directly to their manager, sending a text, email, or speaking with another employee is not acceptable.

Available PTO time will automatically be used when an employee calls off a scheduled shift. Paid time off will not be considered hours worked for purposes of calculating overtime. Thus, if the employee schedules and uses eight hours of paid time off on a Monday and continues to work eight hours on Tuesday, Wednesday, Thursday, Friday and Saturday, the employee will not be considered to have worked any overtime hours. Regardless of the number of days earned and accrued by an employee, the employee may not schedule or use paid time off in increments larger than 10 consecutive business days unless otherwise approved by the employee’s manager. The employee must schedule and use PTO in 4-hour increments.

Tracking of PTO Time PTO will be tracked in CLC’s timekeeping system. Employees have access to view their accrued PTO in the system. Any discrepancies should be brought to the HR Director’s attention immediately.

Limited Carry Forward of Unused Time As a general rule, paid time off should be used in the calendar year in which it was earned. In the event an employee is unable to use his or her earned and accrued paid time off during the calendar year in which it was earned, a maximum of 40 hours of time may be carried over into the following year. Anything over 40 hours at the time of the employee’s anniversary date will be automatically forfeited. Under extenuating circumstances, the employer, at its discretion, may grant an exception to this policy.

Unused and Earned PTO Time at Termination Upon termination of employment, employees who have given and completed 2 weeks’ notice will be paid for unused PTO time that has been earned through the last day of work. Advanced but unaccrued paid time off will be deducted from your final paycheck, to the extent permitted by law.

Holidays In order to be eligible to receive holiday pay, you must work on a holiday. You are also required to work your regularly scheduled hours the workday preceding and the workday following the holiday. In accordance with employer policy, an approved all purpose, jury duty or bereavement day is considered a day worked for purposes of holiday pay eligibility. The employer is officially closed on these seven (7) holidays: • Memorial Day

• Independence Day

• Labor Day

• Thanksgiving Day

• Day after Thanksgiving (office staff only)

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• Christmas Day

• New Year’s Day

If an employee wishes to observe a holiday not listed above, an employee may request use of his or her accrued PTO days. Because of the nature of the employer’s commitment to provide 24-hour services for residents, many categories of employees must report to work on an observed holiday. If scheduling necessitates an hourly employee to work on a holiday, he or she will receive one and one-half (1½) times his or her regular rate of pay for each hour worked. Despite the performance of overtime hours, the maximum holiday pay rate is one and one-half (1½) times the employee’s regular rate of pay (not one and one half [1½] times the employee’s overtime rate of pay). If your time worked falls on any part of a holiday, all hours that shift are paid at the holiday rate of one and one-half (1½) times the regular rate of pay.

Absenteeism and Tardiness The employer expects all employees to assume diligent responsibility for their attendance and promptness. Should you be unable to work because of illness, you must notify your manager at least four hours before your scheduled start time on each day of your absence unless you are granted an authorized FMLA leave, in which case different notification procedures apply. (See the FMLA policy later in this Handbook.) Failure to properly notify the employer results in an unexcused absence. If you are absent for more than three consecutive workdays without proper notice, a statement from a physician may be required before you will be permitted to return to work. In such instances, the employer also reserves the right to require you to submit to an examination by a physician designated by the employer at its discretion. In addition, the employer may require you either to submit a statement from your physician or to be examined by an employer-designated physician in other instances at its discretion, such as where abuse is suspected (for example, where an employee’s record indicates a pattern of short absences and/or requested absences before or after holidays and weekends). Absenteeism or tardiness that is unexcused or excessive in the judgment of the employer is grounds for dismissal. Failure to attend work without you or a designee calling a manager will be considered a “No Call No Show” and is grounds for dismissal. Failure to properly report in to work for three consecutive work days (e.g., three consecutive “No Call No Shows”) will be considered a voluntary resignation and employment will be terminated.

Attendance Policy OBJECTIVE Community Living Centers, Inc. (CLC) is a service company; it provides important and valuable services to people. To accomplish this mission, it is imperative that every employee be present and on time for scheduled shifts.

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SCOPE This policy details how absences and tardiness are counted for the purposes of maintaining excellent customer service throughout the business day. POLICY

CLC awards its employees with sufficient PTO and Holiday days throughout the year. PTO must be scheduled with one’s supervisor in advance (at least one week for one or two days; two weeks’ notice for three or more consecutive days). PTO hours (where available) will be used in the case of emergency or sudden illness without prior scheduling.

Family and Medical Leave Act Absences due to illnesses or injuries that qualify under the Family and Medical Leave Act (FMLA) will not be counted against an employee’s attendance record. Medical documentation within the guidelines of the FMLA may be required in these instances.

PTO/Holiday Time Prescheduled times away from work using accrued PTO and holiday days are not considered occurrences for the purpose of this policy.

Absences (Call offs) An absence occurs when an employee misses more than three hours of work within a normal workday is considered one full occurrence. An absence of multiple days due to the same illness, injury or other incident will be counted as one occurrence for the purpose of this policy.

Tardy/Early Departure A tardy arrival, early departure or other shift interruption creates an issue because it forces another staff member to stay late to cover that time. On occasion and with prior approval of the supervisor, an employee who is tardy may adjust that day’s schedule to work an equivalent amount of time at the end of the shift, and a one-half occurrence will not be counted. If an employee is chronically late/leaves early or show a pattern of tardies/leaving early, CLC reserves the right to address that through the performance management/corrective action process. Arrival and departure times will be determined by the time on the time recording system in each department. An employee is considered late if he or she reports to work more than six minutes after the scheduled starting time; an early departure is one in which the employee leaves before the scheduled end of his or her shift. If an employee is scheduled to work overtime and either fails to report or reports after the scheduled start time, an occurrence will be charged as noted above.

Step Discipline Absences are each considered one occurrence.

Occurrences are counted in a rolling six-month period. Occurrences expire six months from the date of the incident.

Step one

Three occurrences in any six-month period will be the basis for a written verbal warning between the employee and direct supervisor. The verbal warning, delivered by the employee’s direct supervisor/manager, serves to notify the employee that he or she is in violation of this company policy and that additional occurrences will result in further disciplinary action.

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Step two

An additional full occurrence in the same six-month period is cause for a written warning with documentation in the employee’s file.

Step three

The next full occurrence to the above in the same six-month period will trigger a Final Warning putting the employee on formal notice of violation as mentioned above.

Step four

An additional full occurrence to the above steps in the same six-month period is cause for termination of employment.

No-Call/No-Show Not reporting to work and not calling to report the absence is a no-call/no-show and is a serious matter, creating increased administrative burdens and emotional upset. The first instance of a no-call/no-show will result in a final written warning. The second separate offense may result in termination of employment with no additional disciplinary steps. Any no-call/no-show lasting three days is considered job abandonment and will result in immediate termination of employment.

If the employee has already begun the step discipline process for attendance/punctuality when a no-call/no-show occurs, the disciplinary process may be accelerated to the final step.

Management may consider extenuating circumstances when determining discipline for a no-call/no-show (for instance, if the employee is in a serious accident and is hospitalized) and has the right to exercise discretion in such cases.

Procedures No disciplinary actions will be taken without the direct involvement of the human resource (HR) department as counsel to managers. All warnings will be delivered by the direct supervisor, manager, or HR as circumstances require.

Management reserves the right to use its discretion in applying this policy under special or unique circumstances.

Although occurrences will roll off an employee’s record after six months, habitual offenders (those who have established a pattern of absences, such as consistently having six or more occurrences in any given six-month period or routinely calling off on Mondays or Fridays) may trigger step discipline even though six-month old infractions have fallen off, if he or she continues to incur occurrences.

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Management reserves the right to amend or discontinue this policy at any time without notice.

Step Discipline—Unscheduled Absences or Tardiness in a Rolling Six-Month Period

3rd occurrence Verbal warning documented in file

4th occurrence Written warning in file

5th occurrence Final written warning

6th occurrence Termination of employment

Leave and Disability Policies

General Leave Policy Unpaid and paid leave may be granted to employees under the circumstances described below. Leaves that are taken for medical, family or disability reasons are discussed separately below. PTO will not accrue during any period of unpaid leave. Paid leave including PTO time and holidays provided by the employer are further described in other sections of this Handbook. Employer payment of employee health insurance will be suspended while the employee is on unpaid leave not covered by the Family and Medical Leave Act of 1994 (FMLA). Employees on unpaid leave will be required to submit their insurance premium portions to the employer so that they are received by the first day of each month of the leave. Premium payments that are more than 30 days past due may result in the cancellation of insurance benefits. Employees who lose or decide not to continue health insurance benefits during a leave under this policy will be entitled to a restoration of benefits upon their return to work following the approved leave under this policy (assuming such benefits were not changed during the leave). If the employer pays any premiums for the employee during a leave that should have been paid by the employee, the employer may recover such payments upon the employee's return to work. In the event that an employee elects not to return to work upon completion of an approved unpaid leave of absence, the employer may recover from the employee the cost of any payments made to maintain the employee's coverage, unless the failure to return to work was for reasons beyond the employee's control. Benefit entitlements based upon the length of service will be calculated as of the last paid work day prior to the start of the unpaid leave of absence. Upon return from any leave you will be returned at the same title and rate of pay, however there is no guarantee that the same shift or department will be available.

Family and Medical Leave General Provisions It is the policy of the employer to grant up to 12 weeks of family and medical leave during any 12-month period to eligible employees, in accordance with the Family and Medical Leave Act of 1994 (FMLA) and up to 26 weeks of leave in any 12-month period in compliance with the expansion of the FMLA under The Support for Injured Service members Act of 2007. The leave may be paid, unpaid or a combination

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of paid and unpaid leave, depending on the circumstances of the leave and as specified in this policy. The 12-month period* is measured forward from the date the employee first commenced an FMLA leave. For example, if an employee left on his or her first FMLA leave on February 1, 2013, the next 12-month period is measured forward from February 1, 2014. In certain situations, employees may use, or the employer may require the employee to use paid time. *The FMLA provides three other options for determining the 12-month period. They are the calendar year, any fixed 12-month year such as a fiscal year, and a rolling 12-month period measured backward from the date an employee uses an FMLA leave. Eligibility To qualify for family or medical leave under this policy, the employee must meet all of the following conditions: 1) The employee must have worked for the employer for at least 12 months or 52 weeks. The 12

months or 52 weeks need not have been consecutive. For eligibility purposes, an employee will be considered to have been employed for an entire week even if the employee was on the payroll for only part of the week or if the employee is on leave during the week.

2) The employee must have worked at least 1,250 hours during the 12-month period immediately

before the date when the leave is requested to commence. The principles established under the Fair Labor Standards Act (FLSA) determine the number of hours worked by an employee. The FLSA does not include time spent on paid or unpaid leave as hours worked. Consequently, the hours of leave should not be counted in determining the 1,250 hours eligibility test for an employee under FMLA.

3) The employee must work in an office or work site where 50 or more employees are employed by the

employer within 75 miles of that office or work site. The distance is to be calculated by using available transportation by the most direct route.

Scope The provisions of this policy shall apply to all family and medical leaves of absence except to the extent that such leaves are covered under other paid employment benefit plans or policies for any part of the 12 weeks of leave to which the employee may be entitled under this policy. In all situations covered under this policy, employees may use, and the employer may require employees to use PTO time.

Type of Leave Covered- Basic Leave Entitlement FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for the following reasons: 1) For incapacity due to pregnancy, prenatal medical care or child birth; 2) To care for the employee’s child after birth, or placement for adoption or foster care; 3) To care for the employee’s spouse, son or daughter, or parent, who has a serious health condition;

or 4) For a serious health condition that makes the employee unable to perform the employee’s job.

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An employee may take leave because of a serious health condition that makes the employee unable

to perform the functions of the employee's position. 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.

This policy covers illnesses of a serious and long-term nature, resulting in recurring or lengthy

absences. Generally, a chronic or long-term health condition, which, if left untreated, would result in a period of incapacity of more than three days, would be considered a serious health condition.

Employees with questions about what illnesses are covered under this FMLA policy or under the

employer's PTO policy are encouraged to consult with Human Resources. The employer may require an employee to provide a doctor's certification of the serious health

condition. The certification process is outlined in Section IX of this policy. 5) A covered family member's active duty or call to active duty in the Armed Forces. Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty status

in the National Guard or Reserves in support of a contingency operation may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.

The leave may commence as soon as the individual received the call-up notice. (Son or daughter for

this type of FMLA leave is defined the same as for child for other types of FMLA leave, except that the person does not have to be a minor.) This type of leave would be counted towards the employee's 12-week maximum of FMLA in a 12-month period.

Employees requesting this type of FMLA leave must provide proof of the qualifying family member's

call-up or active military service before leave is granted. 6) To care for an injured or ill servicemember. FMLA also includes a special leave entitlement that permits eligible employees to take up to 26

weeks of leave to care for a covered servicemember during a single 12-month period. A covered servicemember is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the servicemember medically unfit to perform his or her duties for which the servicemember is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list.

Next-of-kin is defined as the closest blood relative of the injured or recovering servicemember. An

employee is also eligible for this type of leave when the family servicemember is receiving medical treatment, recuperation or therapy, even if the servicemember is on the temporary disability retired list.

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Employees requesting this type of FMLA leave must provide certification of the family member or next-of-kin's injury, recovery or need for care. This certification is not tied to a serious health condition as for other types of FMLA leave. This is the only type of FMLA leave that may extend an employee's leave entitlement beyond 12 weeks to 26 weeks. Other types of FMLA leave are included with this type of leave totaling the 26 weeks.

An eligible employee can take up to 12 weeks (or up to 26 weeks of leave to care for an injured or ill

servicemember) under this policy during any 12-month period. Under law**, the single 12-month period for military caregiver leave begins on the first day the employee takes leave for this reason and ends 12 months later.

If a husband and wife both work for the employer and each wishes to take leave for the birth of

child, adoption or placement of a child in foster care, or to care for a parent but not a parent-in-law with a serious health condition, the husband and wife may only take a combined total of 12 weeks of leave. If a husband and wife both work for the employer and each wishes to take leave to care for a covered injured or ill servicemember, the husband and wife may only take a combined total of 26 weeks of leave.

**The law requires that this method be utilized regardless of the 12-month period established by

the employer for other FMLA leave reasons.

Employee Status after Leave An employee who takes leave under this policy will be able to return to the same position or a position with equivalent status, pay, benefits and other employment terms. The employer may choose to exempt certain key employees from this requirement and not return them to the same or similar position.

Use of Unpaid Leave An employee who is taking FMLA leave because of the employee's own serious health condition or the serious health condition of a family member must use all of the PTO time prior to being eligible for unpaid leave. Paid leave will run concurrently with FMLA leave. In order to use paid leave for FMLA leave, employees must comply with the employer’s normal paid leave policies. Disability leave for the birth of a child and for an employee's serious health condition, including workers' compensation leave (to the extent that it qualifies), will be designated as FMLA leave and will run concurrently with FMLA. An employee who is taking leave for the adoption or foster care of a child must use all of their PTO time prior to being eligible for unpaid leave. Intermittent Leave or a Reduced Work Schedule The employee may take FMLA leave in 12 consecutive weeks or, if for a serious health condition, may use the leave intermittently or in a reduced work schedule, but only if such leave is medically necessary. The leave may not exceed a total of 12 work weeks (or 26 work weeks to care for an injured or ill servicemember) over a 12-month period. The employer may temporarily transfer an employee to an available alternative position with equivalent pay and benefits if the alternative position would better accommodate the intermittent or reduced

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schedule, in instances of when leave for the serious health condition of the employee or the employee's family member is foreseeable and for planned medical treatment, including recovery from a serious health condition. If the employee is taking leave for a serious health condition or because of the serious health condition of a family member, the employee should try to reach agreement with the employer before taking intermittent or reduced schedule leave. If this is not possible, the employee must prove that the use of the leave is medically necessary. The employer may require certification of the medical necessity as discussed in Sections IX and XI. Certification of the Serious Health Condition of the Employee or the Spouse, Child or Parent of the Employee The employer may ask for certification of the serious health condition. The employee must respond to such a request within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave. Medical certification may be provided by using the Medical Certification Form. Request for a medical certificate must be made in writing as part of the employer response to employee request for leave. Certification of the serious health condition shall include the date when the condition began, its expected duration and a brief statement of treatment. For medical leave for the employee's own medical condition, the certification must also include a statement that the employee is unable to perform work of any kind or state that the employee is unable to perform the essential functions of the employee's position. For a family member who is seriously ill, the certification must include a statement that the patient, the family member, requires assistance and that the employee's presence would be beneficial or desirable. If the employee plans to take intermittent leave, the certification must also include dates and the duration of treatment as well as a statement of medical necessity for taking intermittent leave. The employer has the right to ask for a second opinion if it has reason to doubt the certification. The employer will pay for the employee to obtain a certification from a second doctor, which the employer will select. The employer will not regularly contract with or otherwise regularly use the services of the second doctor. If necessary to resolve a conflict between the original certification and the second opinion, the employer will require the opinion of a third doctor. The employer and the employee will mutually select the third doctor, and the employer will pay for the opinion. This third opinion will be considered final. The employee will be provisionally entitled to leave and benefits under the FMLA pending the second and/or third opinion. Documentation of the Covered Family Member's Active Duty or Call to Active Duty in the Armed Forces

Employees requesting this type of service member FMLA leave must provide proof of the qualifying family member's call-up or active military service. This documentation may be a copy of the military orders or other official Armed Forces communication. Documentation of the Need for Service member FMLA Leave to Care for an Injured or Ill Service member

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Employees requesting this type of Service member FMLA leave must provide documentation of the family member's or next-of-kin's injury, recovery, or need for care. This documentation may be a copy of the military medical information, orders for treatment, or other official Armed Forces communication pertaining to the service member's injury or illness incurred on active military duty that renders the member medically unfit to perform his or her military duties. Procedure for Requesting Leave for: 1) the birth of a child or in order to care for that child; 2) the placement of a child for adoption or foster care and to care for the newly placed child; 3) to care for a spouse, child or parent with a serious health condition; or 4) the serious health condition of the employee All employees requesting this type of FMLA leave must provide verbal notice with an explanation of the reason(s) for the needed leave to their immediate manager, who will advise Human Resources. If the leave is foreseeable, the immediate manager may require the employee to provide a written request for leave and reason(s) with a copy to Human Resources. The employer will provide individual notice of rights and obligations to each employee requesting leave within two business days or as soon as practicable. When an employee plans to take leave under this policy, the employee must give the employer 30 days’ notice. If it is not possible to give 30 days’ notice, the employee must give as much notice as practicable. An employee who is to undergo planned medical treatment is required to make a reasonable effort to schedule the treatment in order to minimize disruption to the employer's operations. If an employee fails to provide 30 days’ notice for foreseeable leave with no reasonable excuse for the delay, the leave request may be denied until at least 30 days from the date the employer receives notice. While on leave, employees are requested to report periodically to the employer regarding the status of the medical condition and their intent to return to work. Procedure for Requesting Leave for: 1) a covered family member's active duty or call to active duty in the Armed Forces or 2) to care for an injured or ill service member All employees requesting this type of FMLA leave must provide verbal notice with an explanation of the reason(s) for the needed leave to their immediate manager, who will advise Human Resources. Leave may commence as soon as the individual receives the call-up notice. If the leave is foreseeable, the immediate manager may require the employee to provide a written request for leave and reason(s) with a copy to Human Resources. The employer will provide individual notice of rights and obligations to each employee requesting leave within two business days or as soon as practicable. Employer Responsibilities

When an employee makes a request for family medical leave, the employer will provide specific notice including but not limited to the following: 1) That the leave will be counted against his or her annual family medical leave entitlement;

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2) Any requirements for the employee to furnish medical certification of a serious health condition and the consequence of failing to do so;

3) The employee’s right to substitute paid leave and whether the employer will require the

substitution of paid leave and the conditions related to any substitution; 4) Any requirement for the employee to make any premium payments to maintain health benefits and

the arrangements for making such payments; 5) Any requirement for the employee to present a fitness for duty certificate to be restored to

employment; 6) The status as a key employee, if applicable, and potential consequence that restoration may be

denied following family medical leave; 7) The employee’s right to restoration to the same or an equivalent job on the return from leave; 8) The employee’s potential liability for payment of health insurance premiums paid by the employer

during the employee’s unpaid family medical leave if the employee fails to return to work after taking family medical leave; and

9) The notice may include other information such as whether the employer will require periodic

reports of the employee’s status of intent to return to work.

Disability/Workers' Compensation Policy Any employee who has a disability and needs an accommodation in order to perform his or her job must notify Human Resources in writing within 182 days of when the employee knows or should know of the need. The employer will comply with all state and federal laws and regulations with respect to accommodating employee disabilities. In case of industrial injury or occupational disease, the employer pays Workers' Compensation benefits pursuant to state regulations. Workers' Compensation helps cover doctor bills and provides the employee and his or her family with a continuing income should you be temporarily or permanently disabled. An employee is required to promptly report any workplace accident, injury or illness to his or her manager no matter how trivial the employee may think it is. This is essential. If the employee does not report an accident, he or she may forfeit some or all of the state compensation benefits that may otherwise be due. The employer does not reserve light duty positions for use by employees on Workers' Compensation or by employees with disabilities. Rather, the employer evaluates each employee's situation on a case-by-case basis to determine if there are any appropriate positions that may be available.

Unlawful Acts by Employers FMLA makes it unlawful for any employer to:

• interfere with, restrain, or deny the exercise of any right provided under FMLA; and

• discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.

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Enforcement An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer. FMLA does not affect any Federal or State law prohibiting discrimination or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights.

Non-FMLA Leave Policy A leave of absence without pay may be granted an employee who has completed 12 consecutive months of full-time employment. A leave of absence shall not exceed 12 weeks. A minimum of 30 days written notice is required unless medical conditions preclude the availability of such advance notice. The leaves of absence may be granted for medical leaves, educational leaves, maternity/adoption leaves and personal leaves. These leaves may be granted at the sole discretion of the employer as follows:

• Medical or Maternity/Adoption Leave may be granted in the event of a serious health condition of the employee or birth or adoption of a child. A physician’s certification shall be required for medical leaves.

• Educational or Personal Leave may be granted for personal reasons, return to college, student teaching, seminars or for any other educational purpose as approved by the employer.

The employer shall continue to pay its portion of health insurance benefits under the employer’s policies for an employee during a medical leave or a maternity/adoption leave. Any co-pays and/or shared premiums by employees shall be the responsibility of the employee, and payment is due at the regularly scheduled payment date. Failure to make timely payments will result in termination of benefits. These benefits shall cease 12 weeks from the date that a medical leave or maternity/adoption leave commenced if an employee does not return to work at that time. These benefits shall also cease if an employee is unable to work for any reason, including a work-related injury, when 12 weeks have elapsed since the last date that the employee worked for the employer. An employee shall be responsible for the entire expense of continued health insurance during educational leaves and personal leaves. The employer will not contribute any amount to the premiums. The employee must pay the entire premium at the regularly scheduled payment date. Failure to make timely payments will result in termination of benefits. For any employee who accepts another job or position while on a leave of absence (excluding educational leave if for teaching) his/her employment shall be terminated and all benefits will cease immediately. Vacation time, sick and personal time and holidays are not paid, earned or accumulated during a medical leave, educational leave, maternity/adoption leave or personal leave. Seniority is not accumulated during any of these leaves of absence.

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Again, the above-referenced leaves are unpaid. Employees must substitute and exhaust all earned and accrued PTO for all or part of the leave. Upon return to work from a leave of absence, the employee will be reinstated to his or her former position, a comparable position for which he or she is qualified at the previous compensation level or to the next available open position for which he or she is qualified. An employee desiring to return to work from a leave of absence shall notify the employer 30 days prior to the date that the employee desires to return to work. If 30 days’ notice is not reasonable under certain circumstances, the employee shall provide as much notice as is reasonable under the circumstances. If the employee is a person with a covered disability, the employee may request a modification of this policy as a reasonable accommodation.

Bereavement Leave Employees are permitted three days off with pay in the event of the death of a spouse, father, mother, son, daughter grandfather, grandmother, father-in-law, mother-in-law, brother, sister, grandson, or granddaughter. In the event more time off is needed by the employee, the employee may request use of his or her accrued PTO days.

Jury Duty Leave Community Living Centers, Inc. realizes that it is the obligation of all U.S. citizens to serve on a jury when summoned to do so. All employees will be allowed time off to perform such civic service as required by law. You are expected, however, to provide the Company with proper notice of your request to perform jury duty and with your verification of service. You also are expected to keep management informed of the expected length of your jury duty service and to report to work for the major portion of the day if you are excused by the court. If the required absence presents a serious conflict for management, you may be asked to try to postpone your jury duty. Employees on jury duty leave will be paid for their jury duty service in accordance with state law. Employees who have completed a minimum of 90 calendar days of service in an eligible classification may request up to 7 days of paid jury duty leave over any 1-year period. Jury duty pay will be calculated on the employee’s base pay rate times the number of hours the employee would otherwise have worked on the day of absence. All CLC employees are eligible for Jury Duty pay. If employees are required to serve jury beyond the period of paid jury duty leave, they may use and available PTO or may request an unpaid jury duty leave of absence. Employees must show their jury summons to their supervisor as soon as possible so that they supervisor may make arrangements to accommodate their absence. Of course, employees are expected to report to work whenever the court schedule permits. Community Living Centers Inc will continue to provide health insurance benefits until the end of

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the first full month of unpaid jury duty leave. At that time, employees will become responsible for the full costs of these benefits if they wish coverage to continue. When the employee returns from jury duty, benefits will again be provided by Community Living Centers Inc. according to the applicable plans. PTO, sick leave, and holidays benefits will continue to accrue during unpaid jury duty leave.

Witness Duty Community Living Centers Inc. encourages employees to appear in court for witness duty when subpoenaed to do so. If employees have been subpoenaed or otherwise requested to testify as witnesses by Community Living Centers Inc., they will receive paid time off for the entire period of witness duty. Employees will be granted unpaid time off to appear in court as a witness when requested by a party other than Community Living Centers Inc. Employees are free to use any available paid leave benefit (such as PTO leave) to receive compensation for the period of this absence. The subpoena should be shown to the employee's supervisor immediately after it is received so that operating requirements can be adjusted, where necessary, to accommodate the employee's absence. The employee is expected to report for work whenever the court schedule permits.

Voting Leave Community Living Centers Inc encourages employees to fulfill their civic responsibilities by participating in elections. Generally, employees are able to find time to vote either before or after their regular work schedule.

Military Leave The employer will comply with its obligations under the Uniformed Services Employment and Reemployment Rights Act (USERRA) which was signed by the Executive Director on October 13, 1994. The Act applies to persons who perform duty, voluntarily or involuntarily, in the “uniformed services.” These services include the Army, Navy, Marine Corps, Air Force, Coast Guard, and Public Health Service Commissioned Corps, including their reserve components. Federal training or service in the Army National Guard and Air National Guard also provides rights under USERRA. “Uniformed services” include active duty, active duty for training, inactive duty training (such as drills), and initial active duty training, as well as absence from an employment position for an examination to determine fitness to perform any such duty. USERRA covers all employees except those serving in positions where there is “no reasonable expectation that employment will continue indefinitely or for a significant period.”

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The following five eligibility criteria must be met for an employee to be entitled to the rights provided under this law:

1) The employee must have held a civilian job; 2) The employee must have given notice to the employer that he or she was leaving the job for service

in the uniformed services; 3) The period of service must not have exceeded five years (see exception below); 4) The employee must have been released from service under honorable conditions; and 5) The employee must have reported back to the civilian job in a timely manner or have submitted a

timely application for reemployment. USERRA establishes a five-year cumulative total on military service with a single employer, with certain exceptions allowed for call-ups during emergencies, for reserve drills and annually scheduled active duty for training, etc. USERRA also allows an employee to complete an initial period of active duty that exceeds five years, e.g. enlistees in the Navy’s nuclear power program who are required to serve six years. Pursuant to this law the following are employee time limits for returning to work, with the exception of fitness for service examinations:

• Less than 31 days service: By the beginning of the first regularly scheduled work period after the end of the last calendar day of duty plus time required to return home safely. If this is impossible or unreasonable, then as soon as possible.

• 31 to 180 days: Application for reemployment must be submitted no later than 14 days after completion of a person’s service. If this is impossible or unreasonable through no fault of the person, then as soon as possible.

• 181 days or more: Application for reemployment must be submitted no later than 90 days after completion of a person’s military service.

• Service-connected injury or illness: Reporting or application deadlines are extended for up to two years for persons who are hospitalized or convalescing.

Pursuant to USERRA the employer provides health benefits continuation for service members and their families during military service for up to 24 months. On your return from service, your salary will be established to give you the same status you would have enjoyed had you been working for the employer during your leave. 1) If you are in the same position when you return and the salary range has been increased, your salary

will be determined by the point in the range you would have reached if you had not taken leave. 2) If you return to a more responsible job, your salary will be based on the present rates for the

position and will be at least the same as the lowest paid qualified person in a similar position.

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Other Leaves Any leaves not subject to the Family Medical Leave Act or employer policies on jury duty or military leaves are granted without pay at the employer’s sole discretion. An employee considering a leave of absence should consult with his or her manager. If you are a reservist in any branch of the armed forces or a National Guard member, you will be granted time off for military training (normally 14 days plus travel time) in addition to your vacation. Please advise your manager of your training schedule as far in advance as possible. It is our policy to cooperate with the National Defense Program. If you are called to participate in a military training program or special emergency service with your reserve or National Guard unit, you will be excused from work to attend without pay.

Workers’ Compensation Insurance To provide for payment of your medical expenses and for partial salary continuation in the event of a work-related accident or illness, you are covered by workers’ compensation insurance. The amount of benefits payable and the duration of payment depend upon the nature of your injury or illness. In general, however, all medical expenses incurred in connection with an injury or illness are generally paid in full, and partial salary payments are provided as required by law. If you are injured or become ill on the job, you must immediately report such injury or illness to your manager. This ensures that the employer can assist you in obtaining appropriate medical treatment. Your failure to follow this procedure may result in the appropriate workers’ compensation report not being filed in accordance with the law, which may consequently jeopardize your rights to benefits in connection with injury or illness. In the event an employee commences a workers’ compensation leave, he or she will be notified if the leave also qualifies as an FMLA leave. Regardless of whether a formal FMLA leave is taken simultaneously, the employer will continue to pay its portion of the health insurance premium for a maximum of twelve weeks. Questions regarding workers’ compensation insurance should be directed to the Human Resources Department.

Safety and Health The employer is committed to providing a safe and healthy environment. In this connection, the employer makes every effort to comply with relevant federal and state occupational health and safety laws and to develop the most feasible operations, procedures, technologies and programs conducive to such an environment. The employer’s policy is aimed at minimizing the exposure to health or safety risks of our employees, residents, and other visitors to our workplace sites. To accomplish this objective, all employer

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employees are expected to work diligently to maintain safe and healthy working conditions and to adhere to proper operating practices and procedures designed to prevent injuries and illnesses.

Group Insurance The employer maintains various insurance coverages and benefits for full-time employees. The employer pays a portion of the premium costs for employees according to the Affordable Care Act requirements. Dependents may be added at the employee's expense. However, due to the increasing rise in medical costs, employees may be asked to increase contributions to this premium and/or share future increases in medical premiums. The employer also reserves the right to eliminate or modify any insurance coverages and benefits at its sole discretion with reasonable notice to employees. Full details on these benefits will be provided upon eligibility. A summary of all benefits is described in a separate Handbook.

COBRA Employees who terminate their employment or are laid off, discharged from employment or there is a reduction in scheduled work hours, and are covered by the employer's group medical plan may continue their coverage by notifying the employer in writing of this desire and pay 102% of the premium costs. By law, other employment related events may qualify the employee or his/her dependents for COBRA benefits. In some limited situations, the administrative fee of 2% may be higher. See the employer for more information on your COBRA rights.

Termination of Employment Employees desiring to terminate their employment relationship with the employer are encouraged, but are not required, to notify the employer at least two weeks in advance of their intended termination. Such notice should preferably be given in writing to your manager or human resources. Proper notice generally allows the employer sufficient time to calculate all accrued overtime (if applicable) as well as other monies to which you may be entitled and to include such monies in your final paycheck. Without proper notice, however, you may have to wait until the end of the next normal pay period to receive such payments. Employees who plan to retire are encouraged to provide the employer with a minimum of two weeks’ notice in order to get accrued PTO time As mentioned elsewhere in this Handbook, all employment relationships with the employer are on an “at-will” basis. Although the employer hopes that our relationships with employees are long-term and mutually rewarding, the employer reserves the right to terminate the employment relationship at any time, with or without notice, cause or reason. Upon termination, the employer may schedule an exit interview. At that interview, an employee will be required to return any employer provided items, such as resident records, keys, gasoline credit cards and all other employer property.

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The employee’s accrued, but not taken, PTO will be added to the final paycheck, if a 2 weeks’ notice was given and worked, using the employee’s then current, straight-time hourly rate conversion. If an employee has taken more PTO time than was accrued, the value of these days will be deducted from their final pay based upon the agreement signed at time of leave request. If an employee quits without notice or does not complete the two-weeks’ notice, all PTO time will be forfeited. Finally, the employer does not release contact information or mailing addresses of current or former employees unless required by federal or state law.

Reinstatement Policy for former employees Former employees who wish to return to employment with CLC may be reinstated to the same status as when they left provided they meet the following qualifications: • Voluntarily left CLC

• Provided a 2 week notice

• Is eligible to be rehired

• Worked at least two (2) consecutive years for CLC

• The break in service was less than 6 months

Employees who return to CLC under this criteria: • Will be reinstated at the same rate of pay as when they left CLC

• Will have the same waiting period for Health Benefits as a new hire.

• Will be eligible to immediately participate in the 401(k) plan.

• Will, after 90 days of re-employment, accrue PTO at the rate at which they left

• Will be eligible for service awards as if they had not break in service.

Employees who do not meet these criteria may be rehired but will be considered a new hire with the same starting pay, PTO time, benefit waiting period. If they were eligible for the 401(k) plan when they left employment, they will be immediately eligible upon return.

References Policy Any request for a reference from Employer must be made to the Human Resources Director. No other person within the organization may provide a reference. References include written letters or electronic postings, including on any internet or social media websites, that provide any reference, recommendation or performance appraisal. It is our policy to provide only your dates of service and the title of your last position in response to requests for references. If you want other information disclosed, you must give a written request to the Human Resources Manager that specifically identifies the information to be disclosed and specifically authorizes its release.

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Volunteers It is the policy of the employer to encourage volunteers to work in the assisted living community with residents. Before volunteering in the home, each volunteer must certify in writing that he/she is free from communicable disease and that the volunteer’s physical and mental health will not negatively affect either the health of the resident or the quality of the resident’s care. A volunteer under the direction of Community Living Centers shall sign a statement indicating whether he/she is on court-supervised probation or parole or has been convicted of a crime. The organization may also require a criminal history record check. The volunteer under the direction of the provider shall be in such physical and mental health so as not to negatively affect either the health of the resident or quality of his/her care and must be suitable to assure the welfare of residents. A volunteer under the direction of the Community Living Centers will be required to review and familiarize him or herself with the policies and procedures of t h e Community Living Centers. The volunteer's name, address and telephone number must be submitted to the home. A volunteer will not be considered in determining staffing requirements unless the volunteer meets the full qualifications of a direct care staff member.

Qualifications Offers of employment will be extended to only those applicants that can demonstrate that they meet all of the employer's employment requirements and qualifications. Applicants will be evaluated based on the position for which the applicant has applied. The employer reserves the sole discretion to define the required qualifications for each category of staff positions. An Administrator Shall Meet All of the Following: 1) Be at least 18 years old. 2) Have education, training, and/or experience related to the population served by the home. 3) Be capable of assuring program planning, development, and implementation of services to residents

consistent with the home’s program statement and in accordance with the residents’ service plan and agreements.

Staff Training Program: The home’s staff training program is based on the program statement, the service plans of the residents, and the needs of employees, such as any of the following:

• Reporting requirements and documentation

• First aid and/CPR, if any

• Personal/Heath care

• Resident rights and responsibilities

• Safety and fire prevention

• Containment of infectious disease and standard precautions

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• Medication administration, if applicable Sign off on HCBS requirements Working with People and Gentle Teaching Overview The home’s administrator or its designees are responsible for evaluating employee competencies. (See full training policy statement on page ??) Employment Requirements and Conditions (All Employees) The employer is required to comply with extensive state and federal laws that govern the hiring of employees and the maintenance of employee records. Accordingly, the employer must have the following documents on file prior to the commencement of the relationship or by the time otherwise designated: 1) Completed and signed Job Application 2) Employee Medical Release Form (Physical) 3) Tuberculosis Test (as required by applicable state licensing rules) 4) Federal and State Withholding Tax Forms 5) Employment Immigration Eligibility Form (1-9) must be completed within three (3) days of hire 6) Two (2) References (preferably from past Employers) 7) Signed Acknowledgements

a) At-Will Statement b) Receipt of Employee Handbook c) Handbook Changes and Waiver Clause d) Statement of Driver Responsibility e) Substance Screen Policy

8) Certificate of Vehicle Insurance (if employee transports residents in his/her automobile or uses

his/her automobile for employer business when on duty) 9) Driver's License (copy of) (only if employee will drive as part of job functions) 10) New Hire Reporting Form All of this information is required at the time of the hiring of the employee.

Documents

Employee Handbook and Policy Guide...Jan 01, 2019 · available to me at the CLC office to be reviewed. The Community Living Centers, Inc. (CLC) Employee Handbook (the “Handbook”)