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Employee Handbook for Park Avenue Catering & Park Avenue Gourmet FoodsPlease review this information and contact us with any questions or comments you might have |
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Employee Handbook Park Avenue Catering Co _______________________________________
Revised 7/22/2008 Required Policies ........... 4 At-Will Employment Status ........ 5 Equal Employment Opportunity (5 or More Employees) ........ 5 Introductory Statement ........ 6 Right to Revise ........ 6 Unlawful Harassment ........ 7 Hiring ........... 9 Temporary Employees ........ 10 Regular Employees ........ 10 Regular Employees ........ 10 Part-Time Employees ........ 10 New Hires ........ 10 Job Duties ........ 11 Inactive Status ........ 11 Full-Time Employees ........ 11 Leaves of Absence ........... 12 Volunteer Civil Service Personnel ........ 13 Victims of Crime Leave ........ 13 Vacation ........ 13 Time Off for Voting ........ 14 Personal Leave ........ 15 Military Leave ........ 15 Leaves of Absence ........ 15 Extended Medical Leave ........ 16 Domestic Violence Leave ........ 17 Bereavement Leave ........ 17 Coordination of PDL with Family/Medical Leave (50 or More Employees) ........ 17 Family/Medical Leave (50 or More Employees) ........ 18 Pregnancy Disability Leave (5 or More Employees) ........ 21 School Activities ........ 22 Vacation ........ 23 Benefits ........... 25 External Employee Education ........ 26 Holidays ........ 26 Insurance Benefits ........ 27 Workers' Compensation ........ 28 Management ........... 30 Telecommuting ........ 31 Personnel Records ........ 32 Performance Evaluations ........ 32 Open-Door ........ 32 Names and Addresses ........ 33 Employment of Relatives ........ 33 Employee Property ........ 33 Company Property ........... 34 Use of Electronic Media ........ 35 Solicitation and Distribution of Literature ........ 36 Smoking ........ 36 Prohibited Use of Company Cell Phone While Driving ........ 36 Personal Use of Company Cell Phone ........ 37 Parking ........ 37 Off-Duty Use of Facilities ........ 37 Housekeeping ........ 37 Employer Property ........ 37 Employee Conduct ........... 39 Punctuality and Attendance ........ 40 Prohibited Conduct ........ 40 Prohibited Camera Phone ........ 41 Off-Duty Conduct ........ 41 News Media Contacts ........ 42 Drug and Alcohol Abuse ........ 42 Dress Code and Other Personal Standards ........ 43 Customer Relations ........ 44 Conflicts of Interest ........ 44 Confidentiality ........ 45 Conducting Personal Business ........ 45 Wages ........... 46 Advances ........ 47 Call-In Pay ........ 47 Deductions for Salaried Employees ........ 47 Makeup Time ........ 48 Meal and Rest Periods ........ 49 Overtime for Non-Exempt Employees ........ 49 Payment of Wages ........ 49 Timekeeping Requirements ........ 50 Work Schedules ........ 50 Safety and Health ........... 51 Employees Who Are Required to Drive ........ 52 Ergonomics ........ 52 Health and Safety ........ 52 Inclement Weather/Natural Disasters ........ 53 Recreational Activities and Programs ........ 53 Security/Workplace Violence ........ 53 Termination ........... 55 Employee References ........ 56 Involuntary Termination and Progressive Discipline ........ 56 Reductions in Force ........ 56 Voluntary Termination ........ 56
Required Policies_______________________________________
At-Will Employment Status
Park Avenue Catering Co personnel are employed on an at-will basis. Employment at-will may be terminated with or without cause and with or without notice at any time by the employee or the Company. Nothing in this handbook shall limit the right to terminate at-will employment. No manager, supervisor, or employee of the Company has any authority to enter into an agreement for employment for any specified period of time or to make an agreement for employment on other than at-will terms. Only the President of Park Avenue Catering Co has the authority to make any such agreement, which is binding only if it is in writing.
Equal Employment Opportunity (5 or More Employees)
Park Avenue Catering Co., Inc is an equal opportunity employer and makes employment decisions on the basis of merit. We want to have the best available persons in every job. Company policy prohibits unlawful discrimination based on race, color, creed, gender, religion, marital status, registered domestic partner status, age, national origin or ancestry, physical or mental disability, medical condition including genetic characteristics, sexual orientation, or any other consideration made unlawful by federal, state, or local laws. It also prohibits unlawful discrimination based on the perception that anyone has any of those characteristics, or is associated with a person who has or is perceived as having any of those characteristics. All such discrimination is unlawful. The Company is committed to compliance with all applicable laws providing equal employment opportunities. This commitment applies to all persons involved in Company operations and prohibits unlawful discrimination by any employee of the Company, including supervisors and coworkers. To comply with applicable laws ensuring equal employment opportunities to qualified individuals with a disability, the Company will make reasonable accommodations for the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or an employee unless undue hardship would result. Any applicant or employee who requires an accommodation in order to perform the essential functions of the job should contact a Company representative with day-to-day personnel responsibilities and request such an accommodation. The individual with the disability should specify what accommodation he or she needs to perform the job. The Company then will conduct an investigation to identify the barriers that interfere with the equal opportunity of the applicant or employee to perform his or her job. The Company will identify possible accommodations, if any, that will help eliminate the limitation. If the accommodation is reasonable and will not impose an undue hardship, the Company will make the accommodation. If you believe you have been subjected to any form of unlawful discrimination, submit a written complaint to your supervisor or the individual with day-to-day personnel responsibilities. Your complaint should be specific and should include the names of the individuals involved and the names of any witnesses. If you need assistance with your complaint, or if you prefer to make a complaint in person, contact Human Resources Department. The Company will immediately undertake an effective, thorough, and objective investigation and attempt to resolve the situation. If the Company determines that unlawful discrimination has occurred, effective remedial action will be taken commensurate with the severity of the offense. Appropriate action also will be taken to deter any future discrimination. The Company will not retaliate against you for filing a complaint and will not knowingly permit retaliation by management employees or your coworkers.
Introductory Statement
Welcome! As an employee of Park Avenue Catering Co., Inc (the “Company”), you are an important member of a team effort. We hope that you will find your position with the Company rewarding, challenging, and productive. Because our success depends upon the dedication of our employees, we are highly selective in choosing new members of our team. We look to you and the other employees to contribute to the success of the Company. This employee handbook is intended to explain the terms and conditions of employment of all full- and part-time employees and supervisors. Written employment contracts between Park Avenue Catering Co., Inc and some individuals may supersede some of the provisions of this handbook. This handbook summarizes the policies and practices in effect at the time of publication. This handbook supersedes all previously issued handbooks and any policy or benefit statements or memoranda that are inconsistent with the policies described here. Your supervisor or manager will be happy to answer any questions you may have.
Right to Revise
This employee handbook contains the employment policies and practices of Park Avenue Catering Co., Inc in effect at the time of publication. All previously issued handbooks and any inconsistent policy statements or memoranda are superseded. Park Avenue Catering Co., Inc reserves the right to revise, modify, delete, or add to any and all policies, procedures, work rules, or benefits stated in this handbook or in any other document, except for the policy of at-will employment. However, any such changes must be in writing and must be signed by the president of Park Avenue Catering Co., Inc. Any written changes to this handbook will be distributed to all employees so that employees will be aware of the new policies or procedures. No oral statements or representations can in any way alter the provisions of this handbook. This handbook sets forth the entire agreement between you and Park Avenue Catering Co., Inc as to the duration of employment and the circumstances under which employment may be terminated. Nothing in this employee handbook or in any other personnel document, including benefit plan descriptions, creates or is intended to create a promise or representation of continued employment for any employee.
Unlawful Harassment
Park Avenue Catering Co., Inc is committed to providing a work environment free of unlawful harassment. Company policy prohibits sexual harassment and harassment based on pregnancy, childbirth or related medical conditions, race, religious creed, color, gender, national origin or ancestry, physical or mental disability, medical condition, marital status, registered domestic partner status, age, sexual orientation or any other basis protected by federal, state or local law or ordinance or regulation. All such harassment is unlawful. The Company’s anti-harassment policy applies to all persons involved in the operation of the Company and prohibits unlawful harassment by any employee of the Company, including supervisors and managers, as well as vendors, customers, and any other persons. It also prohibits unlawful harassment based on the perception that anyone has any of those characteristics, or is associated with a person who has or is perceived as having any of those characteristics. Prohibited unlawful harassment includes, but is not limited to, the following behavior:
If you believe that you have been unlawfully harassed, submit a written complaint to your own or any other Company supervisor, the president or the personnel administrator of the Company as soon as possible after the incident. You will be asked to provide details of the incident or incidents, names of individuals involved and names of any witnesses. Supervisors will refer all harassment complaints to the personnel administrator, investigative officer or the president of the Company. The Company will immediately undertake an effective, thorough and objective investigation of the harassment allegations. If the Company determines that unlawful harassment has occurred, effective remedial action will be taken in accordance with the circumstances involved. Any employee determined by the Company to be responsible for unlawful harassment will be subject to appropriate disciplinary action, up to, and including termination. A Company representative will advise all parties concerned of the results of the investigation. The Company will not retaliate against you for filing a complaint and will not tolerate or permit retaliation by management, employees or co-workers. The Company encourages all employees to report any incidents of harassment forbidden by this policy immediately so that complaints can be quickly and fairly resolved. You also should be aware that the Federal Equal Employment Opportunity Commission and the California Department of Fair Employment and Housing investigate and prosecute complaints of prohibited harassment in employment. If you think you have been harassed or that you have been retaliated against for resisting or complaining, you may file a complaint with the appropriate agency. The nearest office is listed in the telephone book. Hiring_______________________________________
Temporary Employees
Temporary or seasonal employees are those employed for short-term assignments. Short-term assignments generally are periods of seven months or fewer; however, such assignments may be extended. Due to the seasonal nature of our business, temporary employees are not eligible for employee benefits except those mandated by applicable law.
Regular Employees
Regular employees are those who are hired to work on a regular schedule. Regular employees may be classified as full-time or part-time.
Regular Employees
Regular employees are those who are hired to work on a regular schedule. Regular employees may be classified as full-time or part-time.
Part-Time Employees
Part-time employees are those who are scheduled for and do work fewer than an average of 30 hours per week year-round, but not fewer than 20 hours. Part-time employees are not eligible for benefits
New Hires
The first 90 days of continuous employment at Park Avenue Catering Co., Inc is considered an introductory period. During this time you will learn your responsibilities, get acquainted with fellow employees, and determine whether or not you are happy with your job. Your supervisor will closely monitor your performance. Upon completion of the introductory period, Park Avenue Catering Co., Inc will review your performance. If the Company finds your performance satisfactory and decides to continue your employment, it will advise you of any improvements expected from you. At that time, you may express suggestions to improve the Company’s efficiency and operations. Completion of the introductory period does not entitle you to remain employed by Park Avenue Catering Co., Inc for any definite period of time, but rather allows both you and the Company to evaluate whether or not you are right for the position. After completion of the trial period, eligible employees will receive the benefits described in this handbook.
Job Duties
During the introductory period, your supervisor will explain your job responsibilities and the performance standards expected of you. Be aware that your job responsibilities may change at any time during your employment. From time to time, you may be asked to work on special projects, or to assist with other work necessary or important to the operation of your department or Park Avenue Catering Co., Inc. Your cooperation and assistance in performing such additional work is expected. Park Avenue Catering Co., Inc reserves the right, at any time, with or without notice, to alter or change job responsibilities, reassign or transfer job positions, or assign additional job responsibilities.
Inactive Status
Employees who are on any type of leave of absence, work-related or non-work-related, that exceeds four months will be placed on inactive status. During the time the employee is on inactive status, benefits such as vacation time will not be earned and seniority will not continue to accrue.
Full-Time Employees
Regular full-time employees are those who are scheduled for and do work 30 hours per week. Following the completion of the introductory period, regular full-time employees are eligible for most employee benefits described in this handbook. Leaves of Absence_______________________________________
Volunteer Civil Service Personnel
No employee shall be disciplined for taking time off to perform emergency duty as a volunteer firefighter, peace officer, or emergency rescue personnel. You are also eligible for unpaid leave for required training. If you are an official volunteer firefighter, please alert your supervisor that you may have to take time off for emergency duty. When taking time off for emergency duty, please alert your supervisor before doing so when possible.
Victims of Crime Leave
An employee who is themselves a victim or who is the family member of a victim of a violent felony or serious felony may take time off from work under the following circumstances:
An immediate family member is defined as: a spouse, child, stepchild, brother, stepbrother, sister, stepsister, mother, stepmother, father or stepfather. A registered domestic partner means a domestic partner who is registered in accordance with California state law. The absence from work must be in order to attend judicial proceedings related to a crime listed above. Before you are absent for such a reason, you must provide documentation of the scheduled proceeding. Such notice is typically given to the victim of the crime by a court or government agency setting the hearing, a district attorney or prosecuting attorney's office or a victim/witness office. If advance notice is not possible, you must provide appropriate documentation within a reasonable time after the absence. Any absence from work to attend judicial proceedings will be unpaid, unless you choose to take paid time off, such as accrued vacation.
Vacation
Vacation Accrual after Three Months Regular full-time employees accrue paid vacations in accordance with the following policy: 0-3 months no accrual 3 months–2 years 5 days 3–5 years 10 days per year 6–10 years 15 days per year 10 years and thereafter 20 days per year Temporary and part-time employees do not accrue paid vacation time. Regular full-time employees do not accrue vacation time during the first six months of employment. No vacation time may be taken until after completion of the first year of employment. After completion of the initial three months of continuous employment, full-time employees begin to accrue vacation time at the rate of .0385 hours per hour worked. An employee who is scheduled to and does work 40 hours per week will normally accrue five working days or 40 hours of vacation in the second six months of continuous employment. In the third, fourth and fifth years of continuous employment, full-time employees will accrue vacation time at the rate of .0385 hours per hour worked. An employee who is scheduled to and does work 40 hours per week will normally accrue 10 working days or 80 hours vacation time in the third, fourth and fifth years of employment. Beginning with the sixth year of continuous employment, full-time employees begin to accrue vacation time at the rate of .0575 hours per hour worked. An employee who is scheduled to and does work an average of 40 hours per week will normally accrue 15 working days or 120 hours of vacation beginning in the sixth year of employment. Park Avenue Catering Co., Inc encourages employees to take vacation annually. Vacation time must be taken within the year following accrual. Earned vacation time accrues to a maximum of 20 working days in the second through fourth years of employment; 30 working days in the fifth through 14th years of employment; and 40 working days in the 15th and following years of employment. No additional vacation will be earned until accrued vacation time is used. Employees are responsible for tracking their accrued vacation time. Vacations shall be scheduled to provide adequate coverage of job responsibilities and staffing requirements. The Office Manager or Staffing Coordinator will make final determinations and must approve your vacation schedule in advance.
Time Off for Voting
If an employee does not have sufficient time outside of working hours to vote in an official state-sanctioned election, the employee may take off enough working time to vote. Such time off shall be taken at the beginning or the end of the regular working shift, whichever allows for more free time, and the time taken off shall be combined with the voting time available outside of working hours to a maximum of two hours combined. Under these circumstances, an employee will be allowed a maximum of two hours of time off during an election day without loss of pay. When possible, an employee requesting time off to vote shall give his or her supervisor at least two days notice.
Personal Leave
A personal leave of absence without pay may be granted at the discretion of Park Avenue Catering Co., Inc. Requests for personal leave should be limited to unusual circumstances requiring an absence of longer than two weeks. Approved personal absences of shorter duration are not normally treated as leaves, but rather as excused absences without pay. Option: Concurrent Personal and Family/Medical Leave Any leave taken under this provision that qualifies as leave under the state and/or federal Family and Medical Leave Acts will be counted as family/medical leave and charged to your entitlement of 12 workweeks of family/medical leave in a 12-month period.
Military Leave
Employees who wish to serve in the military and take military leave should contact Human Resources Department for information about their rights before and after such leave. You are entitled to reinstatement upon completion of military service, provided you return or apply for reinstatement within the time allowed by law.
Leaves of Absence
Park Avenue Catering Co., Inc may grant leaves of absence to employees in certain circumstances. Request any leave in writing as far in advance as possible, keep in touch with your supervisor or the personnel manager during your leave, and give prompt notice of any change in your anticipated return date. If your leave expires and you fail to return to work without contacting your supervisor or the personnel office, the Company will assume that you do not plan to return and that you have terminated your employment. Upon return from a leave of absence, you will resume all aspects of your employment status that existed prior to the start of your leave. Option: Health Insurance Premium
Option: Family/Medical Leave Any leave taken under this provision that qualifies as leave under the state and/or federal Family and Medical Leave Acts will be counted as family/medical leave and charged to your entitlement of 12 workweeks of family/medical leave in a 12-month period. Option: Paid Family Leave If you take a leave under this provision that qualifies you for payments for Paid Family Leave, you will be required to use any accrued and unused vacation or PTO, up to a maximum of two weeks.
Extended Medical Leave
A medical leave of absence may be granted for non-work-related temporary medical disabilities (other than pregnancy, childbirth, and related medical conditions) for up to four months with a doctor’s written certificate of disability. Employees should request any leave in writing as far in advance as possible. If you are granted a medical leave, you also may use any paid vacation time previously accrued. A medical leave begins on the first day your doctor certifies that you are unable to work, and ends when your doctor certifies that you are able to return to work or after a total of four months of leave, whichever occurs first. Your supervisor will supply you with a form for your doctor to complete, showing the date you were disabled and the estimated date you will be able to return to work. An employee returning from a medical disability leave must present a doctor’s certificate declaring fitness to return to work. If returning from a non-work-related medical leave, you will be offered the same position you held at the time your leave began, if available. If your former position is not available, a comparable position will be offered. If neither the same nor a comparable position is available, your return to work will depend on job openings existing at the time of your scheduled return. Park Avenue Catering Co., Inc makes no guarantees of reinstatement, and your return will depend on your qualifications for existing openings. California workers’ compensation laws govern work-related injuries and illnesses. California pregnancy disability laws govern leaves taken because of pregnancy, childbirth, and related medical conditions. Option: Family/Medical Leave Any leave taken under this provision qualifying as leave under the state and/or federal Family and Medical Leave Acts will be counted as family/medical leave and charged to your entitlement of 12 workweeks of family/medical leave in a 12-month period.
Domestic Violence Leave
Employees who are victims of domestic violence are eligible for unpaid leave. You may request leave if you are involved in a judicial action, such as obtaining restraining orders, or appearing in court to obtain relief to ensure your health, safety, or welfare, or that of your child. You should provide notice and certification of your need to take leave under this policy. Certification may be sufficiently provided by any of the following:
Park Avenue Catering Co., Inc will, to the extent allowed by law, maintain the confidentiality of an employee requesting leave under this provision. The length of unpaid leave an employee may take is limited to 12 weeks provided for in the federal Family and Medical Leave Act of 1993.
Bereavement Leave
Park Avenue Catering Co., Inc grants leave of absence to employees in the event of the death of the employee’s current spouse, registered domestic partner, child, parent, legal guardian, brother, sister, grandparent, or grandchild; or mother-, father-, sister-, brother-, son-, or daughter-in-law. An employee with such a death in the family may take up to 10 consecutive scheduled workdays off without pay with the approval of the Company. The employee’s supervisor may approve additional unpaid time off.
Coordination of PDL with Family/Medical Leave (50 or More Employees)
If you take pregnancy disability leave and are eligible under the federal or state family and medical leave laws, Park Avenue Catering Co., Inc will maintain group health insurance coverage for up to a maximum of 12 workweeks (if such insurance was provided before the leave was taken) on the same terms as if you had continued to work. Leave taken under the pregnancy disability policy runs concurrently with family and medical leave under federal law, but not family and medical leave under California Law. If you are ineligible under the federal and state family and medical leave laws, while on pregnancy disability you will receive continued paid coverage on the same basis as other medical leave that the Company may provide and for which you are eligible. In some instances, the Company may recover premiums it paid to maintain health coverage for you if you fail to return to work following pregnancy disability leave. If you are on pregnancy disability leave and are not eligible for continued paid coverage, or if paid coverage ceases after 12 workweeks, you may continue your group health insurance coverage through Park Avenue Catering Co., Inc in conjunction with federal COBRA guidelines by making monthly payments to Park Avenue Catering Co., Inc for the amount of the relevant premium. Contact the personnel manager for further information.
Family/Medical Leave (50 or More Employees)
State and federal family and medical leave laws provide up to 12 workweeks of unpaid family/medical leave within a 12-month period, under the following conditions:
Leave may be taken for one or more of the following reasons:
For purposes of calculating the 12-month period during which 12 weeks of leave may be taken, Park Avenue Catering Co., Inc uses calendar year. Under most circumstances, leave under federal and state law will run at the same time and the eligible employee will be entitled to a total of 12 weeks of family and medical leave in the designated 12-month period. However, leave because of the employee’s disability for pregnancy, childbirth or related medical condition is not counted as time used under California law (the California Family Rights Act). Time off because of pregnancy disability, childbirth or related medical condition does count as family and medical leave under federal law (the Family and Medical Leave Act). Employees who take time off for pregnancy disability and who are eligible for family and medical leave will also be placed on family and medical leave that runs at the same time as their pregnancy disability leave. Once the pregnant employee is no longer disabled, she may apply for leave under the California Family Rights Act, for purposes of baby bonding. Any leave taken for the birth, adoption, or foster care placement of a child does not have to be taken in one continuous period of time. California Family Rights Act leave taken for the birth or placement of a child will be granted in minimum amounts of two weeks. However, Park Avenue Catering Co., Inc will grant a request for a California Family Rights Act leave (for birth/placement of a child) of less than two weeks’ duration on any two occasions. Any leave taken must be concluded within one year of the birth or placement of the child with the employee. The following procedures shall apply when an employee requests family leave: Please contact Human Resources Department as soon as you realize the need for family/medical leave. If the leave is based on the expected birth, placement for adoption or foster care, or planned medical treatment for a serious health condition of the employee or a family member, the employee must notify the Company at least 30 days before leave is to begin. The employee must consult with his or her supervisor regarding scheduling of any planned medical treatment or supervision in order to minimize disruption to Company operations. Any such scheduling is subject to the approval of the health care provider of the employee or the health care provider of the employee’s child, parent, or spouse. If the employee cannot provide 30 days’ notice, the Company must be informed as soon as is practical. If the Family and Medical Leave Act/California Family Rights Act request is made because of the employee’s own serious health condition, Park Avenue Catering Co., Inc may require, at its expense, a second opinion from a health care provider that the Company chooses. The health care provider designated to give a second opinion will not be one who is employed on a regular basis by the Company. If the second opinion differs from the first opinion, Park Avenue Catering Co., Inc may require, at its expense, the employee to obtain the opinion of a third health care provider designated or approved jointly by the employer and the employee. The opinion of the third health care provider shall be considered final and binding on Park Avenue Catering Co., Inc and the employee. Park Avenue Catering Co., Inc requires the employee to provide certification within 15 days of any request for family and medical leave under state and federal law, unless it is not practicable to do so. Park Avenue Catering Co., Inc may require recertification from the health care provider if additional leave is required. If the leave is needed for to care for a sick child, spouse, or parent, the employee must provide a certification from the health care provider stating:
When both parents are employed by Park Avenue Catering Co., Inc, and request simultaneous leave for the birth or placement for adoption or foster care of a child, the Company will not grant more than a total of 12 workweeks of family/medical leave for this reason. If an employee cites his/her own serious health condition as a reason for leave, the employee must provide a certification from the health care provider stating:
Park Avenue Catering Co., Inc will require certification by the employee’s health care provider that the employee is fit to return to his or her job. Failure to provide certification by the health care provider of the employee’s fitness to return to work will result in denial of reinstatement for the employee until the certificate is obtained. An employee taking family medical leave will be allowed to continue participating in any health and welfare benefit plans in which he/she was enrolled before the first day of the leave (for a maximum of 12 workweeks) at the level and under the conditions of coverage as if the employee had continued in employment for the duration of such leave. Park Avenue Catering Co., Inc will continue to make the same premium contribution as if the employee had continued working. The continued participation in health benefits begins on the date leave first begins under Family and Medical Leave Act (for pregnancy disability leaves) or under the Family and Medical Leave Act/California Family Rights Act (for all other family care and medical leaves). In some instances, the Company may recover from an employee premiums paid to maintain health coverage if the employee fails to return to work following family/medical leave. Employees on family/medical leave who are not eligible for continued paid coverage may continue their group health insurance coverage through Park Avenue Catering Co., Inc in conjunction with the federal COBRA guidelines by making monthly payments to Park Avenue Catering Co., Inc for the amount of the applicable premium. Employees should contact their supervisor for further information. Payment is due when it would be made by payroll deduction. Under most circumstances, upon return from family/medical leave, an employee will be reinstated to his or her original job or to an equivalent job with equivalent pay, benefits, and other employment terms and conditions. However, an employee has no greater right to reinstatement than if he or she had been continuously employed rather than on leave. For example, if an employee on family/medical leave would have been laid off had he or she not gone on leave, or if the employee’s job is eliminated during the leave and no equivalent or comparable job is available, then the employee would not be entitled to reinstatement. In addition, an employee’s use of family/medical leave will not result in the loss of any employment benefit that the employee earned before using family/medical leave. Reinstatement after family/medical leave may be denied to certain salaried “key” employees under the following conditions:
For additional information about eligibility for family/medical leave, contact Human Resources Department Option: Time Accrual Employees on Family and Medical Leave Act/California Family Rights Act leave will not continue to accrue vacation during unpaid Family and Medical Leave Act/California Family Rights Act leave. Option: Carryover Leave granted under any of the reasons provided by state and federal law will be counted as family/medical leave and will be considered as part of the 12-workweek entitlement in a 12-month period. The 12-month period is measured forward from the date any employee’s first Family and Medical Leave Act leave begins. Successive 12-month periods commence on the date of an employee’s first use of such leave after the preceding 12-month period has ended. No carryover of unused leave from one 12-month period to the next 12-month period is permitted. Option: Intermittent Leave Employees may take Family and Medical Leave Act/California Family Rights Act leave intermittently (in blocks of time, or by reducing their normal weekly or daily work schedule) if the leave is for the serious health condition of the employee’s child, parent, or spouse, or of the employee, and the reduced leave schedule is medically necessary as determined by the health care provider of the person with the serious health condition.
Pregnancy Disability Leave (5 or More Employees)
Pregnancy, childbirth, or related medical conditions will be treated like any other disability, and an employee on leave will be eligible for temporary disability benefits in the same amount and degree as any other employee on leave. Any female employee planning to take pregnancy disability leave should advise the personnel department as early as possible. The individual should make an appointment with the personnel manager to discuss the following conditions:
Leave does not need to be taken in one continuous period of time and may be taken intermittently, as needed. Under most circumstances, upon submission of a medical certification that an employee is able to return to work from a pregnancy disability leave, an employee will be reinstated to her same position held at the time the leave began or to an equivalent position, if available. An employee returning from a pregnancy disability leave has no greater right to reinstatement than if the employee had been continuously employed.
School Activities
Employees are encouraged to participate in the school activities of their child(ren). The absence is subject to all of the following conditions:
Option: Suspension If an employee who is the parent or guardian of a child facing suspension from school is summoned to the school to discuss the matter, the employee should alert his or her supervisor as soon as possible before leaving work. In agreement with California Labor Code Section 230.7, no discriminatory action will be taken against an employee who takes time off for this purpose.
Vacation
Regular full-time employees accrue paid vacations in accordance with the following policy: 0–3 months no accrual 3 months–1 year 5 days 2–4 years 10 days per year 5–10 years 15 days per year 10 years and thereafter 20 days per year Temporary and part-time employees do not accrue paid vacation time. Regular full-time employees do not accrue vacation time during the first three months of employment. No vacation time may be taken until after completion of the first year of employment. After completion of the initial six months of continuous employment, full-time employees begin to accrue vacation time at the rate of .0385 hours per hour worked. An employee who is scheduled to and does work 40 hours per week will normally accrue five working days or 40 hours of vacation in the second six months of continuous employment. Our payroll system computes this on a monthly basis that is automatically adjusted after the first day of each month. the date your paycheck is written will effect when the accrual takes place. In the second, third, and fourth years of continuous employment, full-time employees will accrue vacation time at the rate of .0385 hours per hour worked. An employee who is scheduled to and does work 40 hours per week will normally accrue 10 working days or 80 hours vacation time in the second, third, and fourth years of employment. Beginning with the fifth year of continuous employment, full-time employees begin to accrue vacation time at the rate of .0575 hours per hour worked. An employee who is scheduled to and does work an average of 40 hours per week will normally accrue 15 working days or 120 hours of vacation beginning in the fifth year of employment. Park Avenue Catering Co., Inc encourages employees to take vacation annually. Vacation time must be taken within the year following accrual. Earned vacation time accrues to a maximum of 20 working days in the second through fourth years of employment; 30 working days in the fifth through 10th years of employment; and 40 working days in the 10th and following years of employment. No additional vacation will be earned until accrued vacation time is used. Employees are responsible for tracking their accrued vacation time. Vacations shall be scheduled to provide adequate coverage of job responsibilities and staffing requirements. The Office administrator or Staffing Coordinator will make final determinations and must approve your vacation schedule in advance. Benefits_______________________________________
External Employee Education
Some employees may need to attend training programs, seminars, conferences, lectures, meetings, or other outside activities for the benefit of Park Avenue Catering Co., Inc or the individual employees. Attendance at such activities, whether required by the Company or requested by individual employees, requires the written approval of the general manager. To obtain approval, any employee wishing to attend an activity must submit a written request detailing all relevant information, including date, hours, location, cost, expenses, and the nature, purpose, and justification for attendance. Attendance at any such event is subject to the following policies on reimbursement and compensation. For attendance at events required or authorized by the Company, customary and reasonable expenses will be reimbursed upon submission of proper receipts. Acceptable expenses generally include registration fees, materials, meals, transportation, and parking. Reimbursement policies regarding these expenses should be discussed with the general manager in advance. Employee attendance at authorized outside activities will be considered hours worked for non-exempt employees and will be compensated in accordance with normal payroll practices. This policy does not apply to an employee’s voluntary attendance, outside of normal working hours, at formal or informal educational sessions, even if such sessions generally may lead to improved job performance. While Park Avenue Catering Co., Inc generally encourages all employees to improve their knowledge, job skills, and promotional qualifications, such activities do not qualify for reimbursement or compensation under this policy unless prior written approval is obtained as described previously.
Holidays
Park Avenue Catering Co., Inc observes the following paid holidays ONLY if the holiday falls on a day you are normally scheduled to work AND only if business does not require your presence that day. Since Park Avenue Catering Co., Inc operates all days of the year, and since holidays are an important time for business, you may be required to work any of the above mentioned holidays at your regular rate of pay :
Each non-exempt employee’s eligibility for holiday pay begins after completion of his or her trial period. To be eligible for holiday pay, you must be regularly scheduled to work (PAC only) on the day on which the holiday is observed and must work your regularly scheduled working days immediately preceding and immediately following the holiday, unless an absence on either day is approved in advance by your supervisor. If you are required to work on a paid scheduled holiday you will receive straight time pay. Only PAC sales and accounting departments are eligible.
Insurance Benefits
Option: Medical Insurance Park Avenue Catering Co., Inc provides a comprehensive medical insurance plan and a spearate dental insurance plan for eligible employees and their dependents. Only employees who work an average of 30 hours per week (or greater) year-round are eligible. Eligibilty begins 90 days after full-time work has begun, provided Park Avenue Catering Co., Inc agrees that this is year round work at over 30 hours per week. Park Avenue Catering Co., Inc will pay 50% of employee only medical and dental benefits and 0% of dependent medical and dental benefits. In the event of an increase in medical insurance premium rates, all employees will be required to contribute to the cost of increased premiums to retain coverage. Details about medical insurance coverage are available in a separate publication distributed by the personnel office. Option: Disability Insurance Each employee contributes through payroll tax to California’s state disability insurance programs. Disability insurance is mandated by the California Unemployment Insurance Code and administered by the Employment Development Department. Disability insurance is payable when you cannot work because of illness or injury not caused by employment at the Company. An additional tax funds the state’s Paid Family Leave program, and provides partial wage replacement for absences related to care of a family member, or bonding with a new child. Specific rules and regulations governing disability are available from the personnel manager. Option: Unemployment Compensation Park Avenue Catering Co., Inc contributes thousands of dollars each year to the California Unemployment Insurance Fund on behalf of its employees. Option: Social Security Social Security is an important part of every employee’s retirement benefit. Park Avenue Catering Co., Inc pays a matching contribution to each employee’s Social Security taxes. Option: Workers’ Compensation You are protected by the Company’s workers’ compensation insurance policy while employed by Park Avenue Catering Co, at no cost to you. The policy covers you in case of occupational injury or illness. Option: Retirement Plan Park Avenue Catering Co., Inc provides a SIMPLE IRA plan for eligible employees in order to assist in planning for their retirement. For information regarding eligibility, contributions, benefits, and tax status, contact the personnel manager. All eligible participants receive a summary plan description.
Workers' Compensation
Park Avenue Catering Co., Inc, in accordance with state law, provides insurance coverage for employees in case of work-related injury. The workers’ compensation benefits provided to injured employees may include:
To ensure you receive any workers’ compensation benefits which you are entitled, you will need to:
Upon submission of a medical certification that an employee is able to return to work after a workers’ compensation leave, the employee under most circumstances will be reinstated to his or her same position held at the time the leave began, or to an equivalent position, if available. An employee returning from a workers’ compensation leave has no greater right to reinstatement than if the employee had been continuously employed rather than on leave. For example, if the employee on workers’ compensation leave would have been laid off had he or she not gone on leave, or if the employee’s position has been eliminated or filled in order to avoid undermining the Company’s ability to operate safely and efficiently during the leave, and no equivalent or comparable positions are available, then the employee would not be entitled to reinstatement. An employee’s return depends on his or her qualifications for any existing openings. If, after returning from a workers’ compensation disability leave, an employee is unable to perform the essential functions of his or her job because of a physical or mental disability, the Company’s obligations to the employee may include reasonable accommodation, as governed by the Americans with Disabilities Act. Company-Provided Physician Park Avenue Catering Co., Inc provides medical treatment for work-related injuries through a medical provider network, Kaiser Permenente which the company has chosen to provide medical care to injured employees because of their experience in treating work-related injuries. The law requires Park Avenue Catering Co., Inc to notify the workers’ compensation insurance company of any concerns of false or fraudulent claims. Workers’ Compensation and FMLA/CFRA Employees who are ill or injured as a result of a work-related incident, and who are eligible for family and medical leave under state and federal law (Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA)), will be placed on FMLA/CFRA during the time they are disabled and not released to return to work. The leave under these laws runs concurrently, and eligible employees will be on FMLA/CFRA for a maximum of 12 weeks in a 12-month period based on the calendar year. Management_______________________________________
Telecommuting
Park Avenue Catering Co., Inc permits some employees to telecommute. All costs for equipment associated with telecommuting are the responsibility of employee and Park Avenue Catering Co., Inc, depending on the specific arrangement. Costs include purchase price, maintenance, and insurance coverage for all necessary equipment. Employees who telecommute still may be required to attend meetings at the office or other designated location. Telecommuting does not change the employee’s work location and employees are still responsible for all costs associated with travel to and from the office, when they are required to report to their work location. Employees who telecommute will not conduct meetings with customers or clients in their home nor will they perform any manufacturing work at home. Employees are responsible for contacting local governmental agencies for required licenses (if any) needed to maintain a home office. Employees are responsible for any costs of obtaining tax advice about a tax deduction for a home |