EMPLOYEE HANDBOOK ARTS Employee Handbook.pdf · 2016-10-30 · this Employee Handbook at any time...
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EMPLOYEE HANDBOOK
Transcript of EMPLOYEE HANDBOOK ARTS Employee Handbook.pdf · 2016-10-30 · this Employee Handbook at any time...
EMPLOYEE HANDBOOK
Welcome To Learning ARTS!
Helping children who have been diagnosed with autism is likely to be one of the most
challenging jobs you ever have, it is also going to be one of the most rewarding. You will
get to see, first hand, how the work that you do can help a developmentally delayed child
reach a potential beyond anyone’s expectations.
I founded Learning ARTS in 1997 after working with a three year old boy named Jacob.
Jacob was non verbal and engaged in regular self injurious “head bashing” behavior.
With the one on one intervention we provided to Jacob in his home he was later
transitioned in to a regular education kindergarten with little support. Today, Jacob has
graduated from a regular education high school where he was an active member of the
high school drama department.
You’re now part of a team whose job, whose business, is helping children with
disabilities and their families. The work that you do with us will change lives.
Thank you for choosing to be a part of the Learning ARTS team. Thank you for making a
difference.
Dr. William Brandon, Ph.D., BCBA
Chief Executive Officer
Table of Contents Section 1: The Way We Work ................................................................................. 2
A Word about This Handbook ...................................................................................... 2 Equal Employment Opportunity ................................................................................... 2
Americans with Disabilities Act ................................................................................... 3 Life Threatening Illnesses ............................................................................................ 3
A Word about Our Employee Relations Philosophy ..................................................... 3 Non Harassment .......................................................................................................... 4
Sexual Harassment ...................................................................................................... 4 Categories of Employment ........................................................................................... 5
Immigration Reform and Control Act ........................................................................... 6 New Employee Orientation .......................................................................................... 6
Your Human Resources Department ............................................................................ 6 Talk To Us ................................................................................................................... 7
Section 2: Your Pay and Progress ........................................................................... 8 Employee Timesheets ................................................................................................... 8
Payday ........................................................................................................................ 8 Paycheck Deductions ................................................................................................... 8
Garnishment/Child Support ......................................................................................... 9 Direct Deposit ............................................................................................................. 9
Performance Reviews .................................................................................................. 9 Pay Raises ................................................................................................................. 10
Pay Advances ............................................................................................................ 10 Overtime.................................................................................................................... 10
Reporting Time Pay ................................................................................................... 11
Section 3: Time Away From Work and Other Benefits ....................................... 12 Employee Benefits ..................................................................................................... 12 Jury Duty................................................................................................................... 12
Voting Leave ............................................................................................................. 12 Military Leave ........................................................................................................... 12
Witness Leave ............................................................................................................ 13 School Visitation Leave ............................................................................................. 13
Bereavement Leave .................................................................................................... 13 Leave Of Absence ...................................................................................................... 14
Domestic Violence Leave ........................................................................................... 14 Victims of Felony Crimes Leave................................................................................. 14
Holidays .................................................................................................................... 15 Paid Time off (PTO) .................................................................................................. 15
Medical and Dental Insurance ................................................................................... 16 COBRA ..................................................................................................................... 17
Section 125 Plans ...................................................................................................... 17
Federal Family and Medical Leave Act ..................................................................... 18 Medical Certification for a Serious Health Condition ................................................ 19
Tracking Your Leave ................................................................................................. 19 Reporting While on Leave .......................................................................................... 20
Returning To Work .................................................................................................... 20 No Work While On Leave .......................................................................................... 20
State and Local Family and Medical Leave Laws ...................................................... 20 Family Leave Insurance ............................................................................................ 21
Pregnancy Disability Leave ....................................................................................... 21 California Family Rights Act ..................................................................................... 22
Local Family and Medical Leave Laws ...................................................................... 23 Notice to Employer of Leave ...................................................................................... 23
Leave Is Unpaid ........................................................................................................ 23 Medical and Other Benefits ....................................................................................... 24
Exemption for Highly-Compensated Employees ......................................................... 24 Intermittent and Reduced Schedule Leave .................................................................. 24
At The End of Your Leave .......................................................................................... 25 Rehabilitation Leave .................................................................................................. 25
Social Security ........................................................................................................... 25 Unemployment Insurance .......................................................................................... 25
Workers’ Compensation ............................................................................................ 25 Individual Retirement Account (IRA) ......................................................................... 26
Educational Assistance Plan ...................................................................................... 26 Tuition Loan Plan ...................................................................................................... 26
Section 4: On the Job ............................................................................................. 27 Employee Grievance Procedure................................................................................. 27
Attendance and Punctuality ....................................................................................... 27 Confidentiality of Patient Matters .............................................................................. 28
Discussions with Patients .......................................................................................... 28 Care of Patient Records............................................................................................. 28
Business Hours .......................................................................................................... 28 Working Hours .......................................................................................................... 28
Meal Time ................................................................................................................. 29 Waiver of Meal Period .............................................................................................. 29
On Duty Meal Period ................................................................................................ 29 Breaks ....................................................................................................................... 29
Lactation Breaks ....................................................................................................... 29 On The Job Training ................................................................................................. 30
Standards of Conduct ................................................................................................ 30 Access to Personnel Files .......................................................................................... 30
Patient and Public Relations...................................................................................... 31 Solicitation and Distribution ...................................................................................... 31
Changes in Personal Data ......................................................................................... 31 Care of Equipment ..................................................................................................... 31
Patient Records ......................................................................................................... 32 Shift Cancellation - Patient No Show or Parent/Guardian Absence ........................... 32
Shift Cancellation - Employee Illness ......................................................................... 32 Shift Scheduling For Part-Time Hourly Employees .................................................... 33
Split Shifts ................................................................................................................. 33 Travel To Work For Hourly Employees-Excessive Drive Time ................................... 34
Travel Between Patient Locations for Hourly Employees-Drive Time ........................ 34 Severe Weather .......................................................................................................... 34
Travel Reimbursement Hourly Employees ................................................................. 35 Travel/Expense Accounts ........................................................................................... 35
Company Credit Card Use......................................................................................... 35 Credit Card Statement Processing Procedure:........................................................... 37
Credit Card Use: .................................................................................................... 37 Processing Procedure: ............................................................................................ 37
Personal Property ..................................................................................................... 38 Identification Badges ................................................................................................. 38
Signing In And Out .................................................................................................... 38 Personal Telephone Calls .......................................................................................... 38
Employee Email Usage .............................................................................................. 38 Voice Mail Monitoring .............................................................................................. 40
Internet Usage ........................................................................................................... 40 Dress Policy .............................................................................................................. 41
Administrative Staff .............................................................................................. 41 Field Staff – Behavior Technicians ........................................................................ 41
Personal Hygiene ...................................................................................................... 42 Reference Checks ...................................................................................................... 42
Protecting Company Information ............................................................................... 42 Conflict Of Interest / Code of Ethics .......................................................................... 42
Employee Client / Patient Relationships .................................................................... 43 Summary of HIPAA Privacy and Security Rules ......................................................... 43
Contact with the Media .............................................................................................. 44 New Employee Referral Bonus................................................................................... 44
Lunch Room .............................................................................................................. 44 Cell Phones ............................................................................................................... 44
If You Must Leave Us................................................................................................. 45
Section 5: Safety in the Workplace ....................................................................... 46 Each Employee's Responsibility ................................................................................. 46 Blood borne Pathogens Exposure Control ................................................................. 46
Fire Drills ................................................................................................................. 47 Workplace Violence ................................................................................................... 47
Workplace Searches .................................................................................................. 47 Hazard Communication ............................................................................................. 48
Good Housekeeping................................................................................................... 48 Smoking in the Workplace ......................................................................................... 48
Concealed Weapons .................................................................................................. 48 In An Emergency ....................................................................................................... 49
Substance Abuse ........................................................................................................ 49 Receipt of Employee Handbook and Employment-At-Will Statement .......................... 51
LIST OF APPENDIXES
Learning ARTS Educational Assistance Plan……………………Appendix A
Learning ARTS Tuition Loan Plan……………………………….Appendix B
BACA Guideline for Responsible Conduct for Beh. Analyst……Appendix C
US Department HHS OCR, Section 164, pp 59-115……….….…Appendix D
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Section 1: The Way We Work
A Word about This Handbook
This Employee Handbook contains information about the employment policies and practices of the Company. We expect each employee to read this Employee Handbook carefully, as it is a valuable
reference for understanding your job and the Company. The policies outlined in this Employee Handbook
should be regarded as management guidelines only, which in a developing business will require changes
from time to time. The Company retains the right to make decisions involving employment as needed in
order to conduct its work in a manner that is beneficial to the employees and the Company. This Employee
Handbook supersedes and replaces any and all prior Employee Handbooks and any inconsistent verbal or
written policy statements.
Except for the policy of at-will employment, which can only be changed by the president of the Company
in a signed written contract, the Company reserves the right to revise, delete and add to the provisions of
this Employee Handbook at any time without further notice. All such revisions, deletions or additions to the Employee Handbook must be in writing and must be signed by the president of the Company. No oral
statements or representations can change the provisions of this Employee Handbook.
The provisions of this Employee Handbook are not intended to create contractual obligations with respect
to any matters it covers. Nor is this Employee Handbook intended to create a contract guaranteeing that
you will be employed for any specific time period.
OUR COMPANY IS AN AT-WILL EMPLOYER. THIS MEANS THAT REGARDLESS OF ANY
PROVISION IN THIS EMPLOYEE HANDBOOK, EITHER YOU OR THE COMPANY MAY
TERMINATE THE EMPLOYMENT RELATIONSHIP AT ANY TIME, FOR ANY REASON, WITH OR
WITHOUT CAUSE OR NOTICE. NOTHING IN THIS EMPLOYEE HANDBOOK OR IN ANY
DOCUMENT OR STATEMENT, WRITTEN OR ORAL, SHALL LIMIT THE RIGHT TO TERMINATE EMPLOYMENT AT-WILL. NO OFFICER, EMPLOYEE OR REPRESENTATIVE OF THE
COMPANY IS AUTHORIZED TO ENTER INTO AN AGREEMENT—EXPRESS OR IMPLIED—
WITH ANY EMPLOYEE FOR EMPLOYMENT FOR A SPECIFIED PERIOD OF TIME UNLESS
SUCH AN AGREEMENT IS IN A WRITTEN CONTRACT SIGNED BY THE PRESIDENT OF THE
COMPANY.
This Employee Handbook refers to current benefit plans maintained by the Company. Refer to the actual
plan documents and summary plan descriptions if you have specific questions regarding the benefit plan.
Those documents are controlling.
Likewise, if a written contract is inconsistent with the Employee Handbook, the written contract is controlling.
Equal Employment Opportunity
Our company is committed to equal employment opportunity. We will not discriminate against employees
or applicants for employment on any legally recognized basis including, but not limited to: veteran status,
uniform service member status, race, color, religion, sex, national origin, age and physical or mental disability.
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In addition, race; religious creed; color; national origin; ancestry; physical disability; mental disability;
medical condition, including genetic characteristics; marital status; sex; pregnancy, childbirth or related
medical conditions; actual or perceived gender; gender identity; sexual orientation and age [40 or over] are
protected classes in California.
You may discuss equal employment opportunity related questions with your human resource manager or
any other member of management.
Americans with Disabilities Act
Our company is committed to providing equal employment opportunities to otherwise qualified individuals
with disabilities, which may include providing reasonable accommodation where appropriate. In general, it
is your responsibility to notify your human resource manager of the need for accommodation. Upon doing
so, your human resource manager may ask you for your input or the type of accommodation you believe
may be necessary or the functional limitations caused by your disability. Also, when appropriate, we may
need your permission to obtain additional information from your physician or other medical or rehabilitation professionals.
Life Threatening Illnesses
Employees occasionally develop serious or life threatening illnesses. The company is committed to
supporting such employees' efforts to continue their normal pursuits, including working. When necessary
and where required by law, the Company will provide reasonable accommodations to otherwise qualified
individuals with disabilities, including employees with serious or life threatening illnesses. All employees,
including employees with serious or life threatening illnesses, must maintain acceptable performance
standards.
An employee's medical information is confidential. Disclosure of employee medical information is
restricted to limited situations where a manager or supervisor has a job-related reason to know it.
Employees who disclose employee medical information without proper authorization will be subject to
disciplinary action, up to and including discharge.
Employees with questions or concerns about life threatening illnesses are encouraged to contact your
human resource manager for information and referral to appropriate services and resources.
A Word about Our Employee Relations Philosophy
We are committed to providing the best possible climate for maximum development and goal achievement for all employees. Our practice is to treat each employee as an individual. We seek to develop a spirit of
teamwork; individuals working together to attain a common goal.
In order to maintain an atmosphere where these goals can be accomplished, we provide a comfortable and
progressive workplace. Most importantly, we have a workplace where communication is open and
problems can be discussed and resolved in a mutually respectful atmosphere. We take into account
individual circumstances and the individual employee.
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We firmly believe that with direct communication, we can continue to resolve any difficulties that may
arise and develop a mutually beneficial relationship.
Non Harassment We prohibit harassment of one employee by another employee, supervisor or third party for any reason
including, but not limited to: veteran status, uniform service member status, race, color, religion, sex,
national origin, age and physical or mental disability. Harassment of third parties by our employees is also
prohibited.
In addition, race; religious creed; color; national origin; ancestry; physical disability; mental disability;
medical condition, including genetic characteristics; marital status; sex; pregnancy, childbirth or related
medical conditions; actual or perceived gender; gender identity; sexual orientation and age [40 or over] are
protected classes in California.
The purpose of this policy is not to regulate the personal morality of employees. It is to ensure that in the workplace, no employee harasses another for any reason.
While it is not easy to define precisely what harassment is, it includes: slurs, epithets, threats, derogatory
comments or visual depictions, unwelcome jokes and teasing.
Any employee who feels that (s) he is a victim of such harassment should immediately report the matter to
one of the following members of management who have been designated to receive such complaints:
human resources manager at (916) 729-3098 6400 Tupelo Drive, Citrus Heights, CA 95621 or your direct
supervisor at your local field office or any administrative/management member at (916) 729-3098 and 6400
Tupelo Drive, Citrus Heights, CA 95621designated as Learning ARTS headquarters. If an employee
makes a report to any members of administration or management and the administrator and/or manager
either does not respond or does not respond in a manner the employee deems satisfactory or consistent with
this policy, the employee is required to report the situation to one of the other members of administration and/or management designated in this policy to receive complaints.
The Company will investigate all such reports as confidentially as possible. Adverse action will not be
taken against an employee because he or she, in good faith, reports or participates in the investigation of a
violation of this policy. Violations of this policy are not permitted and may result in disciplinary action, up
to and including discharge.
Sexual Harassment
Any type of sexual harassment is against Company policy and may be unlawful.
We firmly prohibit sexual harassment of any employee by another employee, supervisor or third party.
Harassment of third parties by our employees is also prohibited. The purpose of this policy is not to
regulate the morality of employees. It is to ensure that in the workplace, no employee is subject to sexual
harassment. While it is not easy to define precisely what sexual harassment is, it may include: unwelcome
sexual advances, requests for sexual favors, and/or verbal or physical conduct of a sexual nature including,
but not limited to, sexually-related drawings, pictures, jokes, teasing, uninvited touching or other sexually-
related comments.
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Sexual harassment of an employee will not be tolerated. Violations of this policy may result in disciplinary
action, up to and including discharge. There will be no adverse action taken against employees who report
violations of this policy in good faith or participate in the investigation of such violations.
Any employee who feels that he/she is a victim of sexual harassment should immediately report such
actions in accordance with the following procedure. All complaints will be promptly and thoroughly investigated as confidentially as possible.
1, Any employee who believes that (s)he is a victim of sexual harassment or has been retaliated
against for complaining of sexual harassment, should report the situation immediately to one of
the following members of management who have been designated to receive such complaints: ,
human resources manager at (916) 729-3098 and 6400 Tupelo Drive, Citrus Heights, CA 95621
or your direct supervisor at your local field office or any administrative/management member at
(916) 729-3098 and 6400 Tupelo Drive, Citrus Heights, CA 95621. If an employee makes a
report to any of these members of administration and/or management and the administrator and/or
manager either does not respond or does not respond in a manner the employee deems satisfactory
or consistent with this policy, the employee is required to report the situation to one of the other
members of administration and/or management designated in this policy to receive complaints.
2. The Company will investigate every reported incident immediately. Any employee, supervisor or
agent of the Company who has been found to have violated this policy may be subject to
appropriate disciplinary action, up to and including immediate discharge.
3. The Company will conduct all investigations in a discreet manner. The Company recognizes that
every investigation requires a determination based on all the facts in the matter. We also recognize the
serious impact a false accusation can have. We trust that all employees will continue to act responsibly.
4. The reporting employee and any employee participating in any investigation under this policy
have the Company's assurance that no reprisals will be taken as a result of a sexual harassment complaint.
It is our policy to encourage reporting of any such incident, to help protect others from being subjected to similar inappropriate behavior.
Categories of Employment
INTRODUCTORY PERIOD
Full-time and part-time employees are on an introductory period during their first 90 days of employment.
During this time, you will be able to determine if your new job is suitable for you and your human
resources manager will have an opportunity to evaluate your work performance. However, the completion
of the introductory period does not guarantee employment for any period of time thereafter.
FULL TIME EMPLOYEES regularly work at least a 30-hour workweek.
PART TIME EMPLOYEES work less than 30 hours each week.
In addition to the preceding categories, employees are also categorized as "exempt" or "non-exempt."
NON-EXEMPT EMPLOYEES are entitled to overtime pay as required by applicable federal and state law.
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EXEMPT EMPLOYEES - Pursuant to applicable federal and state laws, exempt employees are not entitled
to overtime pay, and are not subject to certain deductions to their salary under the Company's policies.
Upon hire, your human resources manager will notify you of your employment classification.
Immigration Reform and Control Act
In compliance with the federal Immigration Reform and Control Act of 1986 (IRCA), as amended, our
company is committed to employing only individuals who are authorized to work in the United States.
Each new employee, as a condition of employment, must complete the Employment Eligibility Verification
Form I-9 and present original documentation establishing identity and employment eligibility. The
Employment Eligibility Verification Form I-9 must be completed the first day of employment.
If an employee is authorized to work in this country for a limited time period, the individual will be
required to submit proof of renewed employment eligibility prior to expiration of that period to remain employed by the Company.
New Employee Orientation
Upon joining the Company, you were given this copy of our Employee Handbook. Later editions of the
Handbook will be distributed to all Employees. After reading the Employee Handbook please sign the
receipt page and returns it to your Human Resources Manager. If you are a new Employee, you will then
be asked to complete personnel, payroll and benefit forms.
Should you lose your Employee Handbook or if it becomes damaged in any way, please notify your human
resources manager as soon as possible to obtain a replacement copy.
Your human resources manager is responsible for the operations of your department. He/she is a good
source of information about the Company and your job.
Your Human Resources Department
This Department acts as an information center for both employees and management. This department plays
an important part in formulating and interpreting Company policy and offers help with a variety of
problems and matters that concern employees and management. Human Resources staff members are
available to discuss subjects such as employment/ recruitment, benefits, employee records, safety and
disciplinary problems.
Your Human Resources Department is open 9:00 to 3:00 p.m., Monday through Friday. Appointments
may be arranged for other times. You may e-mail questions to [email protected]
You are encouraged to contribute suggestions or questions so the staff may be more responsive to your
needs.
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Talk To Us
We encourage you to bring your questions, suggestions and complaints to our attention. We will carefully
consider each of these in our continuing effort to improve operations.
If you feel you have a problem, present the situation to your supervisor so that the problem can be settled by examination and discussion of the facts. We hope that your supervisor is able to satisfactorily resolve
most matters.
If you still have questions after meeting with your supervisor or if you would like further clarification on
the matter, request a meeting with any office personnel. He/she will review the issues and meet with you
to discuss possible solutions.
Your suggestions and comments on any subject are important, and we encourage you to take every
opportunity to discuss them with us. Your job will not be adversely affected in any way because you
choose to use this procedure.
If at any time you do not feel comfortable speaking with your supervisor or the next level of management,
discuss your concern with any other member of management with whom you feel comfortable.
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Section 2: Your Pay and Progress
Employee Timesheets
Timecards must be submitted by 12:00 a.m. on the 15th and the last day of each month. Hourly employees
failing to submit their timecards on time risk not being paid on time. As a courtesy and in the sole
discretion of the Company, Learning ARTS may issue a $50.00 payroll advance until late timecards can be
processed. Reporting a late timecard submission is the responsibility of the employee. Salary employees
are still required to follow the submission schedule to allow for accurate time accounting and oversight.
Repeated late timecards submitted by an employee may result in discipline, up to and including termination.
Every employee is expected to accurately record time. Altering or falsifying time, recording time for
another employee, billing for full shifts and only working partial hours, misreporting mileage,
misrepresenting drive times, double billing and other fraudulent timekeeping practices represent serious
offenses and may result in discipline, up to and including termination. In addition, any such action may be
reported to the appropriate law enforcement agency.
Paid Time off (PTO) needs to be recorded during any scheduled time off. These hours are recorded at
100% of the time taken and should be recorded on the actual days taken as PTO. Thus a three day holiday,
M-W, would be recorded as 8 hrs. per day for a total of 24 hours PTO.
Any overtime hours for any non-exempt employee must be approved, in writing, by that employee's
supervisor in advance of the hours being worked. The written approval must include the purpose of the
overtime hours.
Payday
You will be paid semimonthly on the 10th of the month and the 26th of the month for the periods that have
ended on the 15th of the month and the last day of the month.
When our payday is a holiday, you normally will be paid on the last working day before the holiday. If our
payday is a Saturday or Sunday, you normally will be paid on Friday.
Please review your paycheck for errors. If you find a mistake, report it to your Human Resources
Department immediately. Your Human Resources Department will assist you in taking the steps necessary
to correct the error.
Paycheck Deductions
The Company is required by law to make certain deductions from your paycheck each pay period. Such
deductions typically include federal and state taxes and Social Security (FICA) taxes. Depending on the
state in which you are employed and the benefits you choose, there may be additional deductions. All
deductions and the amount of the deductions are listed on your pay stub. These deductions are totaled each year for you on your Form W-2, Wage and Tax Statement.
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It is the policy of the Company that exempt (salaried) employees' pay will not be “docked,” or subject to
deductions, in violation of salary pay rules issued by the United States Department of Labor and any
corresponding rules issued by the state government, as applicable. However, the Company may make
deductions from employees' salaries in a way that is permitted under federal and state wage and hour rules.
Employees will be reimbursed in full for any isolated, inadvertent, or improper deductions, as defined by
law.
Thus, exempt employees may be subject to the following salary deductions, except where prohibited by
state law, but only for the following reasons:
• Absences of one or more full days for personal reasons, other than sickness or disability; or
• Absences of one or more full days due to sickness or disability, if there is a plan, policy, or
practice providing replacement compensation for such absences; or
• Absences of one or more full days before eligibility under such a plan, policy, or practice or after
replacement compensation for such absences has been exhausted; or
• Suspensions of one or more full days for violations of safety rules of major significance; or
• Suspensions of one or more full days for violations of written workplace conduct rules, such as
rules against sexual harassment and workplace violence; or • Payment of actual time worked in the first and last weeks of employment, resulting in a
proportional rate of an employee's full salary; or
• Any unpaid leave taken under the Family and Medical Leave Act; or
• Negative paid-time-off balances, in whole-day increments only.
If questions or concerns about any pay deductions arise, employees may discuss and resolve them with
your Human Resources Department.
Garnishment/Child Support
When an employee's wages are garnished by a court order,the company is legally bound to withhold the amount indicated in the garnishment order from the employee's paycheck. The Company will, however,
honor federal and applicable state guidelines that protect a certain amount of an employee's income from
being subject to garnishment.
Direct Deposit
You have the option of receiving your pay in a payroll check or having your pay deposited into your bank
account through our direct deposit program. Your payroll check/payroll stub will be mailed to your home
address.
Performance Reviews
Your performance is important to the Company. Registered Behavior Technician performance reviews
will be done every 6 months. Wage increases will be calculated on a semi-annual basis (every 6 months).
Six month raises will be $.50 increments per review and will cap off at $2.50 above your hourly starting
rate/salary once training has been complete, depending on performance.
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All non-Behavior Technician staff performance reviews will be done annually (every 12 months). Pay
raises for non-Behavior Technician positions will be based on your performance, continued
education/certification and Company’s profitability. Adjustments in your pay may be made when there has
been significant improvement in or sustainment of an already good performance coupled with professional
growth and /or educational progress.
Our performance review program provides the basis for better understanding between you and your
supervisor and your human resources manager, with respect to your job performance, potential and
development within the Company.
New employees will generally receive their first review six months after the end of their introductory
period.
Pay Raises
Depending upon your performance and the Company's profitability, adjustments in your pay may be made
when there has been an improvement in or sustainment of an already good performance during the review period.
Pay Advances
Pay advances will not be granted to employees.
Overtime
There may be times when you will need to work overtime so that we may meet the needs of our patients.
Although you will be given advance notice when feasible, this is not always possible. Non-exempt
employees must have all overtime approved in advance by your Human Resources Department.
Generally, unless an alternate workweek is in effect or state law dictates otherwise, non-exempt, non-
agricultural workers will be paid at a rate of time and one-half their regular hourly rate for: (1) hours
worked in excess of eight hours in a day; (2) hours worked in excess of 40 hours in a week not
compensated as daily overtime; and (3) for the first eight hours of work on a seventh day of work in a
single workweek; and at a rate of double their regular hourly rate for: (a) hours worked in excess of 12
hours in a day; and (b) hours worked in excess of eight hours on a seventh day of work in a single
workweek.
We will allow employees to make up time for work missed because of their personal obligations.
Employees who wish to do so must provide your Human Resources Department with a written and signed
request for each occasion that they desire to make up time. However, an employee who makes up missed time in the same workweek will not be paid overtime for the additional hours of work on a given day unless
they exceed 11 on that day or total more than 40 in that week.
Only actual hours worked count toward computing weekly overtime.
If you have any questions concerning overtime pay, check with your Human Resources Department.
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Reporting Time Pay
The Company will make every effort to notify employees in advance when it is not necessary to report to
work. These circumstances may include inclement weather, fire, flood, power outage, lack of work, etc. In
the event you report for work without being notified in advance that your services are not needed, you will
be compensated in accordance with applicable state and federal wage and hour laws.
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Section 3: Time Away From Work and Other Benefits
Employee Benefits
The Company has developed a comprehensive set of employee benefit programs to supplement our
employees' regular wages. Our benefits represent a hidden value of additional income to our employees.
This Employee Handbook describes the current benefit plans maintained by the Company. Refer to the
actual plan documents and summary plan descriptions if you have specific questions regarding the benefit
plan. Those documents are controlling.
The Company reserves the right to modify its benefits at any time. We will keep you informed of any
changes.
Jury Duty
Employees summoned for jury duty are granted an unpaid leave in order to serve if they give reasonable
advance notice to your Human Resources Department that they will need time off to serve.
Exempt employees may be provided time off with pay when necessary to comply with state and federal
wage and hour laws.
Make arrangements with your supervisor and scheduler as soon as you receive your summons.
We expect you to return to your job if you are excused from jury duty during your regular working hours.
Voting Leave
The Company believes that every employee should have the opportunity to vote in any state or federal
election, general primary or special primary. Any employee who does not have sufficient time outside of
working hours to vote in a statewide election may request up to two paid hours off in order to vote. We
reserve the right to select the hours you are excused to vote.
Notify your supervisor and scheduler of the need for voting leave as soon as possible. When you return
from voting leave, you must present a voter’s receipt to your Human Resources Department as soon as
possible.
Military Leave
Employees who are required to fulfill military obligations in any branch of the Armed Forces of the United
States or in state military service will be given the necessary time off and reinstated in accordance with
federal and state law.
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The time off will be unpaid, except where state law dictates otherwise. Exempt employees may be
provided time off with pay when necessary to comply with state and federal wage and hour laws.
Accrued vacation may be used for this leave if the employee chooses. Military orders should be presented
to the Human Resources Department and your scheduler so arrangements for leave can be made as early as
possible before departure. Employees are required to give advance notice of their service obligations to the Company unless military necessity makes this impossible. You must notify the Human Resources
Department and your scheduler of your intent to return to employment based on requirements of the law.
Your benefits may continue to accrue during the period of leave in accordance with state and federal law.
Additional information regarding military leaves may be obtained from your Human Resources
Department.
Witness Leave
Employees are given the necessary time off without pay to attend or participate in a court proceeding in
accordance with state law. We ask that you notify your Human Resources Department of the need to take witness leave as far in advance as is possible.
Exempt employees may be provided time off with pay when necessary to comply with state and federal
wage and hour laws.
School Visitation Leave
If an employee who is the parent or guardian of a child who is suspended is required to appear at the child’s
school, the employee may take time off without pay if they provide reasonable advance notice to your
Human Resources Department of the need for time off.
Employees, who are the parent, guardian, or grandparent having custody of children in grades K-12, or of children attending a licensed daycare facility, are allowed up to 40 hours of leave without pay per calendar
year to participate in activities of their child’s school or day care facility unless employed at a worksite
with less than 25 employees. This leave should not exceed eight hours in any calendar month. Requests
for such leave must be made in advance of the planned absence and employees must provide
documentation from the school or day care facility as proof of their participation in school or day care
activities.
Exempt employees may be provided time off with pay when necessary to comply with state and federal
wage and hour laws.
Bereavement Leave
Full-time and part-time employees are eligible immediately upon hire for 3 unpaid days for the death of an
immediate family member. Members of the immediate family include spouses, registered domestic
partners, parents, brothers, sisters, and children, children of registered domestic partners, grandchildren,
grandparents, parents-in-law and parents of registered domestic partners.
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Full-time and part-time employees are eligible immediately upon hire for one unpaid day to attend the
funeral of aunts, uncles, nieces and nephews.
Part-time employees are eligible for bereavement pay in proportion to the number of hours they normally
are scheduled to work. Requests for bereavement leave should be made to your Human Resources
Department as soon as possible.
Leave Of Absence
Under special circumstances, full-time employees who have completed one year of employment may be
granted a leave of absence without pay. The granting of this type of leave is normally for compelling
reasons.
Leaves may not exceed 12 weeks during which time no benefits will accrue. Leaves of absence are granted
only after earned vacation is exhausted.
We will make reasonable efforts to return you to the same or similar job you held prior to the leave of absence, subject to our staffing and business requirements.
Domestic Violence Leave
The Company will not discriminate against employees who are victims of domestic violence or sexual
assault for taking time off from work to obtain or attempt to obtain any relief, including but not limited to, a
temporary restraining order, restraining order, or other injunctive relief to help ensure the health, safety, or
welfare of a victim or his or her child.
The Company will also not discriminate against an employee who is a victim of domestic violence or
sexual assault for taking time off from work to seek medical attention for injuries caused by such domestic violence or sexual assault, to obtain services from a domestic violence or sexual assault program, to obtain
psychological counseling related to the domestic violence or sexual assault, or to participate in actions to
increase safety from future domestic violence or sexual assault, including temporary or permanent
relocation.
Affected employees must give the Company reasonable notice that they are required to be absent for a
purpose stated above, except for unscheduled or emergency court appearances or other emergency
circumstances. In such a case, the Company will take no action against affected employees if, within a
reasonable time after the appearance, they provide the Company with documentary evidence that their
absence was required for any of the above reasons.
This leave will be unpaid. However, affected employees may use vacation, personal leave or other accrued time off (if available).
Victims of Felony Crimes Leave
The Company will grant reasonable and necessary leave from work without pay, to employees who are
victims, or whose spouse, child, stepchild, brother, stepbrother, sister, stepsister, mother, stepmother,
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father, stepfather, registered domestic partner, or child of a registered domestic partner is a victim of a
violent or serious felony or felonious theft or embezzlement, for the purposes of attending legal
proceedings related to the crime.
Affected employees may elect to use accrued paid vacation, personal leave and/or sick leave in lieu of
unpaid leave.
When feasible, affected employees must provide the Company with advance notice of the employee's need
for leave, including a copy of the notice of the scheduled proceeding. If advance notice is not feasible,
affected employees must provide documentation evidencing the legal proceeding requiring the employee's
absence within a reasonable time after leave is taken.
Exempt employees may be provided time off with pay when necessary to comply with state and federal
wage and hour laws.
Holidays
Learning Arts will be closed on the following holidays:
Mandatory Holidays
New Year’s Day
Martin Luther King, Jr. Day
Presidents' Day
Cesar Chavez Day
Easter Day
Memorial Day
Independence Day
Labor Day Columbus Day (Excludes Nevada)
Nevada Day (Nevada Only)
Veteran's Day
Thanksgiving Day
Christmas
These days are subject to change per DDS regulations. Employees working under DDS regulations may
have additional mandatory days off.
Employees will not be paid for the above days, except where state or federal wage and hour law dictates
otherwise.
Paid Time off (PTO)
All full-time and part-time employees are eligible for paid time off (PTO). Hourly employees will accrue
PTO on a pro rated basis based on the number of hours worked.
After completion of Orientation hourly Behavior Technicians and Staff Trainers will earn 0.019 hours of
PTO for each full hour of employment.
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After completion of Orientation hourly Behavior Specialists will earn 0.038 hours of PTO for each full
hour of employment.
After completion of Orientation and/or Probationary Period for newly acquired position salaried BCBAs
and salaried administration will earn 0.17 PTO for each full day of employment.
PTO will cap for Behavior Technicians at one full week and two full weeks for Behavior Specialists. Once
you have reached one full week of PTO, no PTO can be earned until you deduct time from your balance.
Consult your Human Resources Department for detailed information on how the dollar amount of your
PTO pay is calculated and the amount you are entitled to receive.
To be eligible for paid PTO, you must work your last scheduled day before the PTO and the first scheduled
day after the PTO, unless you receive prior approval from your supervisor.
PTO time is given to employees so that they are better able to perform their jobs when they return. For this
reason, we require employees to take their PTO and we do not permit employees to take pay in lieu of time
off. All PTO must be taken in full hour increments.
PTO days can be used as vacation time or to take care of personal matters.
Submit PTO requests in writing at least two weeks in advance to your scheduler and supervisor. When
possible, PTO requests are granted, taking in to account operating requirements. Length of employment
may determine priority in scheduled PTO times.
Once an employee has earned his or her full PTO credit for the year, the employee will not become eligible
for any additional time in the subsequent year except to the extent that the prior PTO time has been used.
In addition, employees who are out on a leave of absence do not accrue PTO time while they are on their leave.
Upon termination, eligible employees will be paid for accrued but unused PTO.
Medical and Dental Insurance
Eligible employees may enroll in a single, a single plus one dependent or a family contract after ninety days
of full-time employment.
Information and enrollment forms may be obtained from your Human Resources Department.
To assist you with the cost of this insurance, The Company pays a portion of a single contract. You are
responsible for paying the balance of a single contract and any dependent coverage through payroll
deduction.
Participating employees are also covered under our medical insurance plan’s prescription drug program.
The details of the plan and eligibility requirements may be obtained from your Human Resources
Department.
Refer to the actual plan document and summary plan description if you have specific questions regarding
this benefit plan. Those documents are controlling.
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Upon termination you may be entitled to continuation or conversion of the group medical insurance plan in
accordance with the terms of the policy and/or applicable state and federal law. For more information,
contact your Human Resources Department.
COBRA
You and your covered dependents will have the opportunity to continue medical and/or dental and vision
benefits for a period of up to 36 months under the provisions of the Consolidated Omnibus Budget
Reconciliation Act (COBRA) when group medical and/or dental and vision coverage for you and your
covered dependents would otherwise end due to your death or because:
• Your employment terminates, for a reason other than gross misconduct; or
• Your employment status changes due to a reduction in hours; or
• Your child ceases to be a "dependent child" under the terms of the medical and/or dental plan or
• You become divorced or legally separated; or
• You become entitled to Medicare.
In the event of divorce, legal separation, or a child’s loss of dependent status, you or a family member must
notify the plan administrator within 60 days of the occurrence of the event.
The plan administrator will notify the individuals eligible for continuation coverage of their right to elect
COBRA continuation coverage. For more information regarding COBRA, you may contact your Human
Resources Department.
Section 125 Plans
The Company offers a pretax contribution option for employees. This employee benefit is known as a
Section 125 plan.
A Section 125 plan is a benefit plan that allows you to make contributions toward premiums for medical
insurance, dental insurance, and out-of-pocket medical expenses or dependent care expenses on a “before
tax”, rather than an “after tax” basis. Your premium contributions and qualified expenses are deducted
from your gross pay before income taxes and Social Security is calculated.
To participate in this plan, complete an election form and return it to your Human Resources Manager.
You cannot make any changes to your pretax contributions until the next open enrollment period, unless
your family status changes or you become eligible for a special enrollment period due to a loss of coverage.
Family status changes include marriage, divorce, death of a spouse or child, birth or adoption of a child or termination of employment of your spouse. A change in election due to a change in family status is
effective the next pay period.
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Federal Family and Medical Leave Act
Eligible employees may take up to 12 weeks of unpaid family/medical leave within a 12-month period and
be restored to the same or an equivalent position upon their return to work.
To be eligible for family/medical leave, you must satisfy both of the following conditions:
1. Worked for the Company for at least 12 months and for at least 1,250 hours in the past 12 months;
and
2. at the time leave is requested either: (a) worked at a worksite with 50 or more employees or (b)
worked at a worksite with less than 50 employees if 50 or more employees are employed within
75 miles of the worksite.
Eligible employees may take family/medical leave for any of the following reasons:
1. The birth of your child and to care for such child; or
2. The placement of a child with you for adoption or foster care, and in order to care for the newly
placed son or daughter; or
3. To care for a spouse, child, or parent ("covered relations") with a serious health condition; or
4. Because of your own serious health condition that renders you unable to perform an essential
function of your position.
Any leave due to the birth and care of such child or the placement of a child for adoption or foster care, and
care of the newly placed child, must be completed within one year of the date of birth or placement of the
child.
If you request leave because of a birth, adoption or foster care placement of a child or to care for a covered
relation with a serious health condition any accrued paid vacation, personal days or family leave must be
used first as part of your family/medical leave.
If you request leave because of your own serious health condition or to care for a covered relation with a
serious health condition any accrued paid vacation, personal days or family leave must be used first as part
of your family/medical leave.
The substitution of paid leave time for unpaid leave time does not extend the 12-week leave period. Also,
your family/medical leave may run concurrently with other types of leave. During an approved family/medical leave, the Company will maintain your health benefits under the same
terms and conditions applicable to employees not on leave.
If paid leave is substituted for unpaid family/medical leave, the Company will deduct your portion of the
health plan premium as a regular payroll deduction.
If your leave is unpaid, you must pay your portion of the premium by making arrangements with your
Human Resources Department your.
Your health coverage may cease if your premium payment is more than 30 days late. If your payment is
more than 30 days late, we will send you a letter to this effect. If we do not receive your co-payment
within 15 days of this letter, your coverage will cease.
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If you elect not to return to work at the end of the leave for at least 30 calendar days, you will be required to
reimburse the Company for the cost of the premiums paid by the Company for maintaining coverage during
your unpaid leave unless you cannot return to work because of a serious health condition or because of
other circumstances beyond your control.
When spouses are employed by the Company, they are entitled to a combined total of up to 12 weeks’
leave: (1) for birth, adoption, or foster care and in order to care for such a child; or (2) to care for a parent
with a serious health condition. Each individual is entitled to 12 weeks’ leave because of his or her own
serious health condition or to care for the serious health condition of his or her child or spouse without
counting leave time taken by the other spouse.
Leave due to a serious health condition may be taken intermittently (in separate blocks of time due to a
single health condition) or on a reduced leave schedule (reducing the usual number of hours you work per
workweek or workday) if medically necessary. If the leave is unpaid, the Company will adjust your salary
based on the amount of time actually worked. In addition, while you are on an intermittent or reduced-
schedule leave, the Company may temporarily transfer you to an available alternate position that better
accommodates your recurring leave and that has equivalent pay and benefits.
You must complete the appropriate family/medical leave forms.
If your need for family/medical leave is foreseeable, you must give 30 days’ prior written notice. If this is
not possible, you must give notice to your human resources manager as soon as is practicable (within one
or two business days of learning about your need for leave). Failure to provide such notice may be grounds
for delay of leave. If your need is because of a planned medical treatment, attempt to schedule the
treatment to avoid disrupting the Company's operations.
Medical Certification for a Serious Health Condition
If you are requesting leave because of your own or a covered relation’s serious health condition, the
appropriate health care provider must supply medical certification. If possible, you should provide the
medical certification within 15 days after you request leave. If you provide at least 30 days’ notice of your
need for medical leave, you should provide the medical certification before your leave begins. If you do
not provide the required medical certification in a timely manner, your leave may be delayed until it is
provided.
The Company, at its expense, may require an examination by a second health care provider designated by
the Company, if it has reason to doubt the medical certification you initially provide. If the second health
care provider’s opinion conflicts with the original medical certification, the Company, at its expense, may
require a third, mutually agreeable, health care provider to conduct an examination and provide a final and binding opinion. The Company may require subsequent medical recertification. Failure to provide
requested certification within 15 days if such is practical may result in delay of further leave until it is
provided.
Tracking Your Leave
The 12-month period in which 12 weeks of leave may be taken is the calendar year.
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Reporting While on Leave
If you take leave because of your own serious health condition or to care for a covered relation with a
serious health condition, contact your human resources manager on a prescheduled basis regarding the
status of the leave and your intention to return to work. In addition, you must give notice as soon as is
practicable (within two business days if feasible) if the dates of leave change or are extended or initially were unknown.
Returning To Work
If you take leave because of your own serious health condition (except if you are taking intermittent leave),
you must provide fitness-for-duty certification that you are able to resume work before you return.
Employees failing to provide the return-to-work medical certification form will not be permitted to resume
work until it is provided.
Certain highly compensated employees or "key employees" may be denied restoration to their prior or equivalent position. Key employees are those salaried employees who are among the highest paid ten
percent of employees within 75 miles of the worksite. Denial is based on the following conditions:
1. The denial is necessary to prevent substantial economic injury to the employer;
2. The employer has notified the employee of his or her "key" employee status as well as its decision
to deny restoration should the leave take place or continue; and
3. The employee elects not to return to work after being notified of the employer’s decision.
No Work While On Leave
The taking of another job while on family or medical leave or any other authorized leave may lead to
disciplinary action, up to and including discharge.
State and Local Family and Medical Leave Laws
Where state or local family and medical leave laws offer more protection or benefits to employees, the
protection or benefits provided by such laws will apply.
State Disability Insurance
All employees are eligible for disability insurance benefits when an illness, injury or pregnancy-related
disability prevents them from working and they meet all the eligibility requirements.
The benefits are calculated as a percentage of your salary up to a weekly maximum as specified by law, for
up to 52 weeks.
Employees who apply for this benefit must provide written notice of disability, including a doctor’s
certificate stating the nature of the disability and your expected date of return to work.
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You are responsible for filing your claim and other forms promptly and accurately with the Employment
Development Department. A claim form may be obtained from the Employment Development Department
by telephone, letter, and the internet or in person.
The cost of this insurance is fully paid by the employee.
Family Leave Insurance
The State of California may provide partial wage benefits to eligible employees for up to a maximum of six
weeks for the following reasons:
• To bond with a new child after birth or placement for adoption or foster care;
• To care for a serious health condition of an employee's child, parent, spouse, or registered
domestic partner.
The Paid Family Leave Act provides benefits based on past quarter earnings for up to six weeks in a 12-
month period. The cost of the insurance is fully paid by the employee. The 12-month period begins on the
first day an employee submits a claim.
To be eligible for benefits, employees may be required to provide medical and/or other information that
supports a claim for time off to bond with a new child or to care for a child, parent, spouse or registered
domestic partner with a serious health condition. In addition, there is a seven calendar day waiting period
before benefits begin.
You are responsible for filing your claim for family leave insurance benefits and other forms promptly and
accurately with the Employment Development Department. A claim form may be obtained from the
Employment Development Department by telephone, letter, the Internet or in person. All eligibility and benefit determinations are made by the Employment Development Department.
You may not be eligible for Paid Family Leave benefits if you are receiving State Disability Insurance,
Unemployment Compensation Insurance or Workers’ Compensation benefits.
The Paid Family Leave Act does not provide a right to leave, job protection or return to work rights.
Further, this policy does not provide additional time off, rather, family leave insurance may provide
compensation during an approved leave pursuant to the California Family Rights Act, the Federal Family
and Medical Leave Act or any Company provided leave.
Pregnancy Disability Leave
All employees are eligible for an unpaid disability leave due to pregnancy, childbirth or related medical
condition for up to four months. You may also be eligible to transfer to a less strenuous or hazardous
position/duties if such a transfer is medically advisable and can be reasonably accommodated.
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Any accrued but unused sick leave will be substituted for unpaid pregnancy disability leave. Employees
may elect to substitute any other accrued but unused paid time off for unpaid pregnancy disability leave.
Upon return from a covered pregnancy disability leave, you will be restored to the same position, or to an
available comparable position in accordance with state law. You must give the Company at least 30 days’ advance notice if your need for pregnancy-related disability leave or transfer is foreseeable; otherwise
please give the Company notice of your need for leave or transfer as soon as is practical.
Depending on your eligibility, medical insurance may be continued during your leave in accordance with
the applicable plan document, COBRA, or provisions of federal/state law relating to unpaid medical leave.
If you qualify for a leave under the Family and Medical Leave Act, we will continue to maintain health
benefits under the same terms and conditions applicable to employees not on leave. You may continue
your medical insurance, dental insurance and vision care insurance coverage by making arrangements with
your supervisor to pay the entire monthly premium in advance each month.
California Family Rights Act
Under the California Family Rights Act (CFRA) an eligible employee is entitled to up to 12 weeks of
unpaid family/medical leave within any 12 month period. The total amount of leave taken is 12 workweeks
in a 12 month period, unless you are qualified for additional time for a disability due to pregnancy,
childbirth or related medical condition. In that event, you may be eligible for up to four months of leave
under the pregnancy leave policy and eligible for an additional 12 weeks under this policy. The 12 month
period begins with the first day leave is taken under the appropriate law. At the end of the leave, you will
be restored to the same or an equivalent position upon your return from leave, provided you satisfy certain
requirements described below. With the exception of a covered pregnancy disability leave, at the end of
the leave, you will be restored to the same or an equivalent position upon your return from leave. Upon the
return from a covered pregnancy disability leave, you will be restored to the same position, or subject to business requirements that may exist, an available similar position.
This leave does not run concurrently with leave provided under the California Pregnancy Disability Act.
However, this leave may run concurrently with the Federal Family and Medical Leave Act and/or any other
leave where permitted by state and federal law.
Eligible Employees
To be eligible for a leave under CFRA you must:
1. Have worked for the Company for at least 12 months, and for at least 1,250 hours in the last 12
months; and
2. Be employed at a worksite that has 50 or more employees within 75-miles.
Reasons for Leave
You may take family/medical leave for any of the following reasons:
1. Birth of a child of an employee or the employee's registered domestic partner, or to care for a
newly born child; or
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2. Placement of a child with the employee and/or the employee's registered domestic partner for
adoption or foster care; or
3. To care for an immediate family member (spouse, registered domestic partner, child, registered
domestic partner’s child, or employee's parent) with a serious health condition; or
4. An employee's serious health condition that makes the employee unable to perform the functions
of the employee's job.
Under CFRA if both parents are employed by the Company, and leave is taken for the birth, placement or
adoption of a child their combined leave is limited to 12 weeks. A leave for the birth, placement or
adoption of a child must be completed within the 12-month period beginning on the date of birth or
placement of the child. Under the CFRA, leave for your own serious health condition does not include a
disability caused by pregnancy, childbirth or related medical condition since this is covered by a separate
state law. See California’s Pregnancy Disability Leave policy which provides:
1. Pregnancy Disability Leave can be up to four months for continued disability due to pregnancy.
2. The employee requesting pregnancy leave is entitled to take the leave at any time after the
commencement of employment without any waiting.
3. The employee returning from pregnancy leave is entitled to return to her same job position, unless
that position no longer exists due to operational necessity.
4. If the employee's pregnancy disability period exceeds four months, the employee may take
additional leave in the form of family leave, as described and limited herein.
Local Family and Medical Leave Laws
Where local family and medical leave laws offer more protection or benefits to employees, the protection
or benefits provided by such laws will apply.
Notice to Employer of Leave
If your need for family/medical leave is foreseeable, give the Company at least 30 days' prior written
notice. When the need is not foreseeable, notify the Company within one or two business days of learning
of your need for leave, except in extraordinary circumstances. If you do not provide this notice, your leave
may be delayed. If your need is because of a planned medical treatment, attempt to schedule the treatment
to avoid disrupting the Company's operations.
Requests for leave must be made in writing to your Human Resources Department.
Leave Is Unpaid
Family/medical leave is unpaid leave. If you request leave because of the birth, adoption or foster care
placement of a child, or to care for a covered relation with a serious health condition, any accrued paid
vacation, personal or family leave, if applicable, will be substituted for unpaid family/medical leave. If you
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request leave because of your own serious health condition, any accrued paid vacation, personal or family
leave or medical/sick leave, if applicable, will be substituted for any unpaid family/medical leave. The
substitution of paid time for unpaid family/medical leave time does not extend the length of the leave
provided by the law. Also, your family/medical leave may run concurrently with other types of leave.
Employees on a medical leave may also receive pay from short-term or long-term disability payments, or workers' compensation benefits, if applicable, according to the terms of those plans. The fact that an
employee may receive compensation under these plans does not extend the length of the family/medical
leave provided by the law.
Medical and Other Benefits
During an approved family/medical leave, the Company will maintain your health benefits under the same
terms and conditions applicable to employees not on leave.
If paid leave is substituted for unpaid family/medical leave, the Company will deduct your portion
of the health plan premium as a regular payroll deduction.
If your leave is unpaid, you must pay your portion of the premium by making arrangements with
your Human Resources Department.
Your health coverage may cease if your premium payment is more than 30 days late. If your
payment is more than 30 days late, we will send you a letter to this effect. If we do not receive
your co-payment within 15 days of this letter, your coverage will cease.
If you elect not to return to work at the end of the leave for at least 30 calendar days, you will be required to
reimburse the Company for the cost of the premiums paid by the Company for maintaining coverage during
your unpaid leave, unless you cannot return to work due to a serious health condition or because of other
circumstances beyond your control.
Exemption for Highly-Compensated Employees
Certain highly-compensated employees may not be returned to their former or equivalent position
following a leave if doing so would cause substantial economic injury to the Company. Highly-
compensated employees are among the highest paid ten percent of employees at a worksite or within 75
miles of that work site. The Company will notify you if you qualify as a highly-compensated employee, if
the Company intends to deny reinstatement and of your rights in such instances.
Intermittent and Reduced Schedule Leave
Leave due to a serious health condition may be taken intermittently (in separate blocks of time due to a
single serious health condition) or on a reduced leave schedule (reducing the usual number of hours you
work per workweek or workday) if medically necessary. If your leave is unpaid, the Company will adjust
your salary based on the amount of time actually worked. Also, while you are on an intermittent or reduced
schedule leave, the Company may temporarily transfer you to an available alternate position that better
accommodates your intermittent or reduced leave and that has equivalent pay and benefits.
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At The End of Your Leave
If your leave is because of your own serious health condition (except if you are taking intermittent leave),
you are required to provide medical certification that you are able to resume work prior to your return. An
employee who fails to provide the return-to-work medical certification form will not be permitted to
resume work until it is provided.
Rehabilitation Leave
Our Company is committed to providing assistance to our employees. Any employee who wishes to
voluntarily enter and participate in an alcohol and/or drug rehabilitation program may be granted a
reasonable accommodation. This accommodation may include time off without pay and/or an adjusted
work schedule provided the accommodation does not impose an undue hardship on the Company. In
general, it is your responsibility to notify your supervisor of the need for accommodation.
Exempt employees may be provided time off with pay when necessary to comply with state and federal wage and hour laws.
The Company shall take reasonable steps to safeguard the privacy of any employee as to the fact that he or
she has enrolled in an alcohol or drug rehabilitation program.
This policy does not prevent the Company from refusing to hire or disciplining, up to and including
discharge, an employee who, because of the current use of alcohol or drugs, is unable to perform his or her
duties or cannot perform the duties in a manner that would not endanger his or her health or safety, the
health or safety of others, or damage the Company.
Social Security
During your employment, you and the Company both contribute funds to the federal government to support
the Social Security program. This program is intended to provide you with retirement benefit payments
and medical coverage once you reach retirement age.
Unemployment Insurance
Upon separation from employment, you may be entitled to state and federal unemployment insurance
benefits. Information about unemployment insurance can be obtained from the Employment Development
Department by telephone, letter, on the internet or in person.
Employees are responsible for filing their own unemployment claims with the Employment Development Department or like agency in the state where they reside.
Workers’ Compensation
On the job injuries are covered by our Workers’ Compensation insurance policy. This insurance is
provided at no cost to you. If you are injured on the job, no matter how slightly, report the incident
immediately to your supervisor and/or your Human Resources Department. Consistent with applicable
26
state law, failure to report an injury within a reasonable period of time could jeopardize your claim. We
ask for your assistance in alerting management to any condition that could lead to or contribute to an
employee accident.
Individual Retirement Account (IRA)
The Company offers eligible employees the option of investing in a tax deferred Individual Retirement
Account (IRA). This plan is intended to be used in combination with your Social Security benefits and
personal resources to provide you with supplemental income upon retirement.
If you have any questions regarding this plan, see your human resource manager.
Educational Assistance Plan
Learning ARTS offers an Educational Assistance Plan (EAP) to its qualified employees. The terms of the
plan and the description of the EAP are defined in Appendix A. A copy of the plan is available from your
Human Resources Department.
Tuition Loan Plan
Learning ARTS offers a Tuition Loan Plan (TLP) to its qualified employees. The terms and descriptions of
the loan are disclosed in Appendix B. A copy of the loan documents will be provided during the loan
application process from your Human Resources Department.
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Section 4: On the Job
Employee Grievance Procedure
Employees of Learning ARTS are encouraged to resolve issues cooperatively with their immediate
supervisor. Where employee concerns relate to patients of Learning ARTS these grievances should be
brought to the immediate attention of the Behavior Specialists assigned to the case.
Learning ARTS maintains an "open door" policy for its employees, allowing any employee direct access to
any member of the Learning ARTS administrative staff or executive teams. While communication process guidelines are provided here they are only recommendations. No employee shall be punished at any time
for taking an issue or concern directly to a member of the administrative or executive teams. At no time,
however, should grievance concerns be shared with Behavior Technicians as this may violate
professionalism and/or confidentiality boundaries.
The general flow of communications should follow:
Behavior Technician > Behavior Specialists > Regional Supervisor > Clinical Director > Human Resources
Department > General Manager > Executive Director
Thus a Behavior Technician would first speak with the Behavior Specialists to whom they report. Each
position would then report to the next department or position in line. Thus the Clinical Director would take concerns directly to your Human Resources Department.
Note that for the purposes of this policy a Staff Trainer would follow the procedure identified for a
Behavior Specialists.
Any complaints about staff conduct are to be reviewed directly by your Human Resources Department and
appropriate action taken.
Attendance and Punctuality
Attendance and punctuality are important factors for your success within the Company. We work as a team and this requires that each person be in the right place at the right time.
If you are going to be late for work or absent, notify the office headquarters as far in advance as is feasible
under the circumstances, but no later than two hours before the start of your workday.
Personal issues requiring time away from your work, such as doctor’s appointments or other matters,
should be scheduled during your nonworking hours if possible.
If you are absent for three days without notifying the Company, it is assumed that you have voluntarily
abandoned your position with the Company, and you will be removed from the payroll.
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Confidentiality of Patient Matters
Our professional ethics and HIPAA regulations require that each employee maintain the highest degree of
confidentiality when handling patient matters.
To maintain this professional confidence, no employee shall disclose patient information to outsiders, including other patients or third parties and members of one's own family.
Questions concerning patient confidentiality may be addressed with your supervisor, HIPAA Privacy
Officer and/or Custodian of Records.
Discussions with Patients
When working on an assignment in a patients' home or school, you may be asked to offer specific
suggestions or comments regarding his or her program.
Prior to discussing any suggestions with a patient, your recommendations must first be approved by your supervisor.
Care of Patient Records
The impression that patients have of the Company is based, in part, on the way we care for their records. If
we are careless with their files and records, patients may conclude that we have the same attitude toward
our technical work. As professionals and a HIPAA compliant service provider, we must respect the
confidence in which we are entrusted and ensure that patient files are handled with care.
Business Hours
Because of the nature of our business, your work schedule may vary depending on your job and
department. Our normal business hours are:
Headquarters: Monday through Friday: 9:00 a.m. to 5:00 p.m. Saturday and Sunday: Variable
Other Locations: Monday through Sunday: Variable
Check with your scheduler if you have questions about your hours of work.
Working Hours
The Company workweek is Monday through Sunday.
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Meal Time
Except for certain exempt employees, all employees who work five or more hours in a day are required to
take a 30-minute unpaid duty-free meal period. An employee who works over ten hours in a day is
required to take a second 30-minute unpaid duty-free meal period unless the employee elects to waive the
second meal period as described below. Employees are completely relieved of their job responsibilities during their meal periods. For this reason, unless there is a valid written agreement for an on-duty meal
period, employees must clock in and out for their meal periods, or record the beginning and ending time of
the meal period on their timesheet every day.
Waiver of Meal Period
Employees may waive their meal periods only under the following circumstances. If an employee will
complete their workday in six hours, the employee may waive their meal period. Additionally, depending
upon your occupation, employees who work more than ten hours in a day may be able to waive their
second meal period, but only if they take their first meal period and they do not work more than 12 hours
that day. Please speak to your supervisor for clarification on whether you are entitled to waive your second meal period. Anytime you elect to waive a meal period you must submit a written request and receive prior
written authorization from the Human Resources Department. Employees may not waive meal periods to
shorten their workday or to accumulate meal periods for any other purpose.
On Duty Meal Period
In limited situations, certain designated employees may be required to work an on-duty meal period due to
the nature of the employee's duties. Unless your supervisor directs you to take an on-duty meal period due
to the nature of your job duties and you agree to an on-duty meal period in writing, you will not be
permitted to take an on-duty meal period.
Breaks
Employees will receive one, fifteen-minute paid break for every four hours worked. This time must be
approved by your supervisor each day.
Lactation Breaks
The Company will provide a reasonable amount of break time to accommodate a female employee's need
to express breast milk for the employee's infant child. The break time should, if possible, be taken
concurrently with other break periods already provided. Non-exempt employees should clock out for any
time taken that does not run concurrently with normally scheduled rest periods, and such time generally will be unpaid in accordance with state law. The Company will also make a reasonable effort to provide
the employee with the use of a room or other location in close proximity to the employee's work area, for
the employee to express milk in private.
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Employees should notify your supervisor and/or Human Resources Department to request time to express
breast milk under this policy. The Company reserves the right to deny an employee's request for a lactation
break if the additional break time will seriously disrupt operations.
No provision of this policy applies or is enforced if it conflicts with or is superseded by any requirement or
prohibition contained in a federal, state, or local law or regulation. Anyone with knowledge of such a conflict or potential conflict should contact the Human Resources Department.
On The Job Training
Staff Trainers, Human Resources Department and your Supervisor are responsible for initiating all on-the-
job training for employees. This may include safety training, participation in off-site training and
continuing education when necessary for job safety and work performance. Training will be conducted
during regular working hours whenever possible.
The Company will pay for any required training programs. Employees may be tested from time to time to
evaluate the effectiveness of the training program.
If you have any questions regarding training, please see your supervisor.
Standards of Conduct
Each employee has an obligation to observe and follow the Company's policies and to maintain proper
standards of conduct at all times. If an individual's behavior interferes with the orderly and efficient
operation of a department, corrective disciplinary measures will be taken.
Disciplinary action may include a verbal warning, written warning, suspension with or without pay, and/or
discharge. The appropriate disciplinary action imposed will be determined by the Company. The
Company does not guarantee that one form of action will necessarily precede another.
The following may result in disciplinary action, up to and including discharge: violation of the Company's
policies or safety rules; insubordination; unauthorized or illegal possession, use or sale of alcohol or
controlled substances on work premises or during working hours, while engaged in Company activities or
in Company vehicles; unauthorized possession, use or sale of weapons, firearms or explosives on work
premises; theft or dishonesty; physical harassment; sexual harassment; disrespect toward fellow employees,
visitors or other members of the public; performing outside work or use of Company property, equipment
or facilities in connection with outside work while on Company time; poor attendance or poor performance.
These examples are not all inclusive. We emphasize that discharge decisions will be based on an
assessment of all relevant factors.
Nothing in this policy is designed to modify our employment-at-will policy.
Access to Personnel Files
Upon request, employees may inspect their own personnel files at a mutually agreeable time, on Company
premises in the presence of a Company official. You will be permitted to see any records regarding your
qualification for employment, promotion, wage increases or discipline. Exceptions include records
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regarding criminal investigation and any letters of reference maintained by the Company. You will be
allowed to have a copy of any document you have signed relating to your employment.
For more information, contact the Custodian of Records or HIPAA Privacy Officer.
Patient and Public Relations
The Company's reputation is built on excellent service and quality work. To maintain this reputation
requires the active participation of every employee.
The opinions and attitudes that patients have toward the Company may be determined for a long period of
time by the actions of one employee. It is sometimes easy to take a patient for granted, but if we do we run
the risk of losing not only that patient, but his or her associates, friends or family who may also be patients
or prospective patients.
Each employee must be sensitive to the importance of providing courteous treatment in all working
relationships.
Solicitation and Distribution
To avoid unnecessary annoyances and work interruptions, solicitation by an employee of another employee
is prohibited while either person is on working time.
Employee distribution of literature, including handbills, in work areas is prohibited at all times.
Trespassing, soliciting or distribution of literature by non employees on these premises is prohibited at all
times.
Changes in Personal Data
To aid you and/or your family in matters of personal emergency, we need to maintain up to date
information.
Changes in name, address, telephone number, marital status, number of dependents or changes in next of
kin and/or beneficiaries should be given to the headquarters office promptly.
Care of Equipment
You are expected to demonstrate proper care when using the Company's property and equipment. No property may be removed from the premises without the proper authorization of management. All
Company property used at off premise sites is still the property of Learning ARTS and it is expected that
such property will be treated with respected and proper care. If you lose, break or damage any property,
report it to your supervisor or your Human Resources Department at once.
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Patient Records
Learning ARTS maintains all original patient records in the headquarters office. Electronic copies are
maintained on the Learning ARTS server. All records are stored for a minimum of six years in accordance
with the HIPAA Privacy Rules (Appendix B) and Security Rules (Appendix C). In 2014 Learning ARTS
began storage of patient records exclusively in electronic format in accordance with HIPAA regulations.
All patient records are confidential and cannot be released to any outside agencies without a signed letter of
release from the minor patient's parent or guardian. Learning ARTS maintains shared information
agreements with both regional centers and school districts that are funding programs for our patients and
are required to release records to those agencies upon request.
Patient records are audited no less than twice annually to ensure that all necessary documentation is
accounted for and up-to-date.
PRIVACY STATEMENT: Learning ARTS treats all information obtained from and about patients in the
course of providing services as confidential. Learning ARTS does not share or disseminate such information to third parties except as authorized and necessary to perform services and assist the patient.
Employees are not to provide such information to third parties without authorization from their supervisor
after written request from the third party and a signed, notarized release of information from the patient
whose information is being requested.
Shift Cancellation - Patient No Show or Parent/Guardian Absence
If a patient is not at the house, school or other work-site at the start of scheduled program hours Learning
ARTS employees are required to wait twenty minutes before canceling the shift. Shifts cancelled because
of a patient no show should be reported to the headquarters office immediately.
Employees will be paid for a portion of their schedule shift when there is a patient cancellation in
accordance with the Reporting Time Pay Regulations.
Learning ARTS employees are not allowed to be in the home alone with a patient at any time. A parent,
guardian or caregiver with a signed medical release on file with Learning ARTS must be in the home at all
times during scheduled program hours. If the parent, guardian or caretaker leaves the premises during
program hours the remaining shift must be cancelled.
If the parent, guardian or caretaker leaves the premises and leaves a Learning ARTS employee alone in the
home with the patient without notice that employee should contact the headquarters office immediately. If
the parent, guardian or caretaker does not return to the home within five minutes of discovering their
absence the Learning ARTS the headquarters office will contact the local police or sheriff.
Shift Cancellation - Employee Illness
Any employee canceling a patient shift due to illness is required to call the headquarters office prior to the
scheduled shift. The headquarters office will inform the Behavior Specialists and/or the family of the shift
cancellation.
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Learning ARTS will attempt to arrange for alternative staff to cover the shift. If it is possible to do this
Learning ARTS will inform the family.
It is the responsibility of the Behavior Specialists to work with the scheduler to schedule make-up hours if
appropriate.
NOTE: If the employee is unable to reach the headquarters office it is acceptable to contact the Behavior
Specialist assigned to the case. The Behavior Specialist in this situation is responsible for contacting the
headquarters office.
Shift Scheduling For Part-Time Hourly Employees
Basic Scheduling – Most work performed by part-time hourly employees is performed at the homes and
schools of the patients. This work is almost always scheduled for a discrete time period (10:00 a.m. to
12:00 noon, for example) at a particular site. Each such period at a single site is referred to as a “shift”, by
Learning ARTS. A single shift may be any period of time as designated by Learning ARTS. Employees are considered to be working during the scheduled work time.
With multiple employees and patients, effective scheduling is crucial to the success of the Learning ARTS
mission. Learning ARTS wants to serve as many patients as possible. Therefore, Learning ARTS requires
its employees to provide advance information as to their availability.
Split Shifts
Multiple Shifts – Split Shift is for hourly Behavior Technicians only. Once Behavior Technicians have
notified Learning ARTS of their availability, they will be assigned to work for which they are qualified.
Behavior Technicians who have sufficient time and qualifications may be assigned more than one shift per
work day at more than one location. Behavior Technicians who are assigned multiple shifts at multiple locations on a single day, and who in fact work those shifts, and whose shifts are scheduled a minimum of
one hour between shifts, after a required lunch break will receive additional compensation equal to one
hour’s pay at the minimum wage rate then in effect. This is referred to as the “split shift”. This split shift
will be indicated on the employee schedule and Behavior Technicians need to claim the split shift in the
appropriate space provided in the time reporting records.
The split shift payment is not paid for time worked, but as additional compensation in recognition of the
fact that the Behavior Technicians has worked more than one shift at more than one site on the date in
question.
Any employee may decline to work at a particular work site or time. However, employees need to recognize that, once they have agreed to work a particular shift, they have made a commitment to Learning
ARTS and the patient which they are expected to fulfill. Repeated cancellations by employees are
disfavored and may result in an unfavorable evaluation, reduction in the shifts which the employee is
offered, and/or other discipline, including discharge.
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Travel To Work For Hourly Employees-Excessive Drive Time
Basic Travel to Work Requirements – Most work performed by these employees is performed at the homes
and schools of the patients. Employees will necessarily travel to these work sites. Employees are not
required or expected to report to the headquarters or local office before appearing for work at work sites.
Employees are expected to appear at the work site on time and fully prepared for work. The mode of travel to any work site is completely within the employee’s discretion, provided that it allows the employee to
arrive on time and prepared for work. Work time begins when the employee’s shift begins, as scheduled
by Learning ARTS. Work time ends when the shift ends, as scheduled. Learning ARTS does not
compensate hourly employees for travel time to or from work or for mileage. Employees are considered to
be traveling to and from work before and after each shift which they elect to work.
However Learning ARTS does recognize an average commute to be defined as 30 minute commute.
Should an hourly employee’s commute to their first patient or home from their last patient exceed the 30
minute average commute an hourly employee will be compensated for the excessive commute time.
Excessive drive time will be compensated at a rate equal to that of the current minimum wage. Employees
must enter the preapproved excessive drive time on their time card. Excessive Drive Time will be counted towards an employee’s total hours worked.
Typically hourly administrative staff and/or office personnel are not entitled to excessive drive time
compensation. However there may be circumstance pre determined by your Human Resources Department
in which an hourly administrator or office personnel would be entitled to excessive drive time
compensation.
Travel Between Patient Locations for Hourly Employees-Drive Time
Learning ARTS defines the travel time between patients as Drive Time. All hourly employees will be
compensated for Drive Time at a rate equal to the current rate of minimum wage. Drive time will be
indicated on a Behavior Technician’s schedule. Learning ARTS will do it’s best to determine the actual drive time. It is the Behaviors Technician’s responsibility to inform their scheduler if an assigned drive
time is not sufficient, this may be one trip or continual trips to a patient shift. If the drive time to a patient
shift is delayed because of construction, an accident, severe weather or other delays the Behavior
Technician is required to let headquarters know so the determination of whether or not the patient shift
should be canceled. If the shift is canceled every effort will be made to reschedule the shift. Employees
must enter the drive time on their timecards. Drive time will be counted towards an hourly employee total
hours worked.
Hourly administrative staff and/or office personnel are not entitled to drive time compensation.
Severe Weather
Severe weather is to be expected during certain months of the year. Although driving may at times be
difficult, when caution is exercised the roads are normally passable. Except in cases of severe storms, we
are all expected to work our regular hours. Time taken off due to poor weather conditions while the
business remains open must be made up or is unpaid.
Exempt employees may be provided time off with pay when necessary to comply with state and federal
wage and hour laws.
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If extreme weather conditions require closing of the building, you will be notified by your Human
Resources Department.
Travel Reimbursement Hourly Employees
A portion of the base pay of Behavior Technicians and Behavior Specialists is intended and agreed to serve
as reimbursement for travel expenses. Split Shifts, Excessive Drive Time, and normal compensable Drive
Time are compensated for each such employee as described in this manual. Such compensation is not,
therefore, included in the travel reimbursement portion of an employee’s paycheck. Travel reimbursement
is not entered on the time card by the employee, but is listed on the employee’s check stub. It is the
employee’s responsibility to report insufficient travel reimbursements to your Human Resources
Department so proper adjustments can be made. The Company is informed that separately accounted
reimbursements are not taxable income, but employees should consult a qualified tax advisor if they have
any questions about tax matters.
Travel/Expense Accounts
The Company will reimburse all employees for reasonable expenses incurred through pre-approved
business travel or entertainment. All cash advances must be accounted for and expense receipts are
required.
The following business expenses will be reimbursed:
Travel Expense
Lodging
Tips
Business Meals (in accordance with our per diem rates; room service excluded)
This list is not all-inclusive. Contact the Human Resources Department regarding additional reimbursable business expenses.
Company Credit Card Use
The undersigned employee (“Employee”) of TEACHING AUTISTIC CHILDREN, INC., doing business
as LEARNING ARTS (“Company”) hereby agrees to the following terms and acknowledges the following
facts with respect to expense reimbursement for use of the Employee’s personal vehicle(s) and use of any
credit card which may at any time be provided to Employee by the Company for the Employee’s use.
Purpose: Credit card(s) furnished to the undersigned by the Company are provided for the convenience of
the Employee and the Company in achieving and facilitating reimbursement of the Employee for costs and expenses incurred by the Employee in operating the Employee’s vehicle(s) on Company business.
Included in these expenses is liability coverage required by law on any vehicle operated in the State of
California. Employee agrees that he/she shall at all times maintain such liability insurance on any vehicle
which he/she may operate on Company business at any time, with limits of liability equal to or greater than
those required by law.
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Other Compensation: Employee and Company acknowledge and agree that the use of Company credit
card(s) as specified by this Agreement is not the sole means of compensation provided to Employee by
Company for vehicle expenses incurred by Employee on Company business. Employee and Company
have also negotiated additional compensation which has been included in Employee’s salary or wage rate
which is intended and accepted as additional compensation for such expenses. Other benefits may also be
provided for this purpose. Company and Employee acknowledge and agree that compensation, including compensation for business vehicle expenses, is subject to negotiation and agreement by the parties.
Employee agrees that he/she is fully compensated for business vehicle expenses by these arrangements.
Waivers: Employee and Company each waive any and all rights either may have to determine the specific
number of miles or amount of time for which Employee’s vehicle(s) may have been used for Company
business and for personal business of Employee, as well as the actual cost of operating any Employee
vehicle on personal and/or Company business. Employee further waives any and all rights to be
reimbursed for costs and expenses incurred by Employee in the use of the Employee’s vehicle(s) for
Company business in any manner and in any amount other than as provided by the terms of this
Agreement.
Use by Employee: Employee shall be authorized to use credit card(s) issued to the undersigned by Company to purchase fuel for a vehicle operated by Employee on Company business. All fuel used by
Employee’s vehicle(s) while such vehicle(s) is operated for the purpose of Company business is intended to
be purchased using the Company credit card. In addition, Employee may use the Company credit card to
purchase fuel for Employee’s vehicle which may be required for Employee’s operation of such vehicle on
personal business of Employee.
In the event that Employee uses more than one vehicle on Company business, Employee shall limit fuel
purchased for personal use by Employee to that vehicle which is primarily used for Company business.
Use by Third Parties: Credit cards furnished to Employee by Company are to be used exclusively by
Employee. Employee shall not allow or facilitate use of Company credit cards by any other person, including, but not limited to, Employee’s family members. Employee shall not transfer any Company
credit card or allow use of any such card to or by any other person or entity, including any other Employee
of Company. Any such act shall be cause for discipline of Employee, up to and including termination, in
the discretion of the Company.
Credit Limits: Company may set a limited amount which may be charged on any credit card which is to be
used by Employee. Charges above this limit are not authorized and will be considered as abusive use of
Company credit card(s).
Other Uses: Company issued credit cards are not to be used for the purchase of any goods or services other
than fuel. Employee shall follow Company procedures in respect to purchase on all other items required
for Company business and shall not use Company issued credit cards for such purchases. Employee understands and agrees that any charge made using a Company credit card which is not authorized by this
Agreement will be unauthorized and will be treated as a willful/dishonest act of Employee.
Documentation: All purchases made using a Company credit card by Employee must be documented by
receipts, which shall be delivered to Company promptly in accordance with Company procedures. Failure
to provide a receipt on a timely basis may result in the purchase/charge being treated as unauthorized and a
willful/dishonest act by Employee.
Abusive Card Use: Employee agrees not to purchase fuel using Company credit card(s) for the purpose of
use of a vehicle by third parties, use for vacation travel, for resale, for vehicles not owned by Employee, for
operation of non-business vehicles or for other uses not specifically authorized by the terms of this Agreement. Employee’s card use is subject to review by Company. Any use of a Company credit card by
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or through Employee in violation of this Agreement shall be considered abusive card use. In the event that
abusive use of Company credit card by an Employee is suspected, the Employee will be notified and may
meet and confer with the Company’s designated representative in a good-faith effort to review and resolve
any issue. Abusive card use shall be considered a willful/dishonest act by Employee.
Reimbursement to Company: Employee agrees that the Company shall be entitled to recover, from Employee; amounts charged to Company-issued credit cards by Employee improperly or contrary to
Company policy. Employee agrees to repay such amounts to the Company in full on demand. At its
option, the Company may recover such amounts from Employee by deduction from Employee’s
paycheck(s). The Company reserves the right to report to appropriate law enforcement agents any act
which may constitute a criminal offense.
Loss/Theft of Card: If Employee at any time loses possession of a Company-issued credit card; Employee
shall immediately notify the Company of the loss.
Credit Card Statement Processing Procedure:
Credit Card Use:
1. Credit cards are to be used for fuel purchases only. Credit limits are set at $500.00.
2. Office supply purchases are to be done through the Office Manager (Sacramento & Fresno area).
3. Patient program special purchases will be done through the Office Manager.
Processing Procedure:
1. Match your receipts to the line items on your statement. Mark the notation column on your
statement with the reason for the charge and to which department/expense account or patient it
should be assigned.
2. Complete the Summary of Monthly Credit Card Expenses form.
3. Attach all receipts to your statement and Summary of Monthly Credit Card Expenses.
4. Make a copy of your statement, Summary of Monthly Credit Card and your receipts for your records.
5. Submit your statement with attached receipts to the Office Manager or mail in to Headquarters if
you do not have an office manager.
6. Any questions/concerns about credit use will be directed to the General Manager.
8. If there is no receipt submitted for a charge, the amount will be deducted from your next
paycheck. The outstanding amount will be reimbursed when the receipt is submitted with a copy
of the original statement, with required notions to your supervisor. The supervisor must approve
the new submission and forward it to the Controller.
9. Individuals are totally responsible for the management of their credit cards and submission of
receipts. If this policy is not adhered to, your credit card will be cancelled and you will no longer
have the privilege. 10. The above procedure may be electronic in nature.
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Personal Property
The company is not responsible for loss or damage to personal property. Valuable personal items, such as
purses and all other valuables should not be left in areas where theft might occur.
Identification Badges
You will be issued an identification badge upon hire. It must be worn where it can be seen at all times
when you are working.
Signing In And Out
Employees are required to sign in and out on all required documents/devices in Learning ARTS offices,
patient homes, school sites, clinics or other designated work site per patient program as proof of services
provided. Signing in and out may be electronic in nature.
Personal Telephone Calls
It is important to keep our telephone lines free for patient calls. Although the occasional use of the
Company's telephones for a personal emergency may be necessary, routine personal calls are discouraged.
Personal cell telephones must be turned off or set to a silent alert during working hours.
Employees are prohibited from using cell telephones to text message while working with a patient. The
exception would be to contact a supervisor.
Employee Email Usage
The Company maintains voice mail, electronic mail (e-mail) and electronic data storage, processing and
transmission equipment and programs, which employees may use. All use of Company facilities and
equipment is subject to the following:
1. All computers and systems located on Company premises or provided for the use of any Employee
by the Company are Company property and the Company retains the right to retrieve and/or inspect them at
any time. Employee agrees to turn over to his/her supervisor, on demand or termination of employment, all
such property subject to his/her control. All information stored on or received by any Company device,
including, but not limited to, mobile phones and computers, is the property of the Company. Therefore,
employees cannot have any expectation or right of ownership or privacy in the information, material or images contained in any Company computer or other equipment used at the office, on the road, or at a
patient home. Any information obtained by employees from Company equipment and/or facilities remains
Company property despite its transfer, download or storage on other equipment or facilities. Employees
are specifically prohibited from recording or transferring to a device which is not Company property any
record or information whatsoever that is Company property or confidential information of a patient.
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2. Minimal personal use of the e-mail and Internet system is permitted as long as it does not interfere
with timely and appropriate job performance. However, employees should not use Company equipment or
facilities for any communication or to store any data which they consider private.
3. Company facilities and equipment, as well as any employee owned equipment or devices used for
Company business or on Company property, must not be used in a way that may be disruptive, offensive to others, or harmful to morale. For example: sexually explicit images, ethnic slurs, racial epithets, or
anything else that may be construed as harassment or disparagement of others based on their race, national
origin, sex, sexual orientation, age, religious beliefs, or political beliefs shall not be displayed or
transmitted.
4. Employees should consider all electronic communications and transmissions to be of a permanent
nature, such that the Company will be able to retrieve and read or view them at a later time. Therefore all
communications on Company computers and systems should be composed with the belief that they will be
subject to review by the Company and its designated employees.
5. Company management monitors e-mail and Internet usage. All Employees must be certain that
Company equipment is being used in accordance with Company policies. Employees should inquire of Human Resources if they have any questions about specific policies or uses. The Company retains a copy
of all passwords necessary to access Company property, which includes all data stored on Company
property. No Employee is authorized to create any password unknown to the Company for the purpose of
storing or accessing Company property or information. System security features, including passwords and
message-delete functions, do not neutralize the Company's ability to access any message at any time.
Employees must assume that all use of Company equipment is monitored by Company representatives.
6. The use of outside email services or personal email accounts for Company purposes is not
permitted. Any Company related communication, including but not limited to those sent to patients,
prospective patients, funding agencies or employees, must be maintained using the Company email address
provided to you.
7. If applicable all email should be sent in "plain text" format and not include images, rich text
content or HTML in the body of the message.
8. Email should include a signature with the following information:
Name (and degree(s))
Title
Learning ARTS
Phone: 888-512-2695
Fax: 916-729-3006
Employees whose work includes 50% or more time in the field are welcome, but not required, to add their Company provided cellular phone number as "direct". A sample email signature follows:
Kind Kelly
Human Resources Manager
Learning ARTS
Phone: 888-512-2695
Fax: 916-729-3006
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Voice Mail Monitoring
We recognize your need to be able to communicate efficiently with fellow employees and patients.
Therefore we have a proprietary voice mail system to facilitate the transmittal of business-related
information within the Company and with our patients. This system and all information transmitted by or
stored in it is Company property.
The voice mail system is intended for business use only. The use of the Company's voice mail system to
solicit fellow employees or distribute non job-related information to fellow employees is strictly prohibited.
The Company's policies against sexual and other types of harassment apply fully to the voice mail system.
Violations of those policies are not permitted and may result in disciplinary action, up to and including
discharge. Employees are not allowed to engage in the transmission of sexually explicit messages, ethnic
slurs, racial epithets or anything that could be reasonably construed as harassment or disparaging to others.
All voice mail passwords must be made available to the Company at all times. Please notify your
supervisor if you need to change your password.
Violation of these policies may result in disciplinary action, up to and including discharge.
For business purposes, management reserves the right to enter, search and/or monitor the Company's
private voice mail system and the voice mail of any employee without advance notice and consistent with
applicable state and federal laws. Employees should expect that communications that they send and
receive by the Company's private voice mail system will be disclosed to management. Employees should
not assume that communications that they send and receive by the Company's private voice mail system are
private or confidential. Any communication which an Employee sends or receives using Company
property or systems becomes Company property and a Company record and may be accessed by authorized
Company personnel.
Internet Usage
As a growing company, we recognize the need to stay on the cutting edge of technology. This is one of the
reasons we allow employees to have access to the Internet.
The Internet is intended for business use only. Use of the Internet for any non-business purpose, including
but not limited to, personal communication or solicitation, purchasing personal goods or services, gambling
and downloading files for personal use, is strictly prohibited.
The Company's policies against sexual and other types of harassment apply fully to Internet usage,
including the use of instant messaging programs. Violations of those policies are not permitted and may result in disciplinary action, up to and including discharge. Employees are not allowed to engage in the
transmission or receipt of sexually explicit messages, ethnic slurs, racial epithets or anything that could be
reasonably construed as harassment or disparaging to others.
Consistent with applicable federal and state law, the time you spend on the Internet may be tracked through
activity logs for business purposes. Any abnormal usage will be investigated thoroughly.
Employees learning of any misuse of the Internet shall notify a member of management.
Violation of internet policy may result in disciplinary action up to and including discharge.
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Dress Policy
Employees are expected to maintain the highest standards of personal cleanliness and present a neat,
professional appearance at all times. Failure to comply with Company policies concerning appearance
and/or hygiene may result in discipline, including discharge.
Our patients satisfaction represents the most important and challenging aspect of our business. Whether or
not your job responsibilities place you in direct patient contact, you represent the Company with your
appearance as well as your actions. The properly-attired individual helps to create a favorable image for
the Company, to the public and fellow employees.
Administrative Staff
All administrative employees are expected to dress in a business-casual manner at all
times.
No tank tops with less than a 2” strap, tube or halter-tops,
Jeans are acceptable on Friday’s but they must be free from rips, and tears.
Pants should be worn at the waist and shirts should be long enough to cover waist when
bending over.
Dresses, skirts or shorts must be no more than 3” above the knee.
Leggings may be worn under appropriately lengthen dresses, skirts and shorts only.
When wearing sandals a strap around the ankle and/or back must be present to ensure
safety. Closed toed clogs or mules are permitted as long as a back strap is present. All
office staff must wear shoes that reflect a professional appearance.
Field Staff – Behavior Technicians
Without unduly restricting individual tastes, the following personal appearance guidelines should be
followed:
No tank tops with less than a 2” strap, tube or halter-tops, or t-shirts with printed logos
may be worn under any circumstance (exception to this is Learning ARTS logo printed t-
shirts/polo tops).
Shirts must cover the chest and waist. Please be aware of your clothing when you are
bending down, and working on the floor.
Pants must be worn so that when bending over no undergarments or skin is exposed, be
aware of pants sliding down. Please wear a belt if necessary. Pants should be worn at the
waist.
No opened toed shoes or shoes without a back are permitted whatsoever. Employees are
encouraged to keep a pair of socks handy in case families ask you to remove your shoes
before entering the home.
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 or excessive.
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Smokers should refrain from smoking a minimum of ½ hour prior to patient contact and
should take care to wash hands.
Any item of apparel or adornment that violates a Company policy, interferes with
performance of duties by an Employee, or constitutes a hazard should not be worn during
working hours or on Company premises.
Personal Hygiene
Maintaining a professional, business-like appearance is very important to the success of The Company.
Part of the impression you make on others depends on your choice of dress, personal hygiene and courteous
behavior. A daily regimen of good grooming and hygiene is expected of everyone. Please ensure that you
maintain good personal hygiene habits. While at work, you are required to be clean, dressed appropriately
and well groomed.
Reference Checks
The Company will not honor any oral requests for references. All requests must be in writing and on Company letterhead. Generally, we will only confirm our employees' dates of employment, salary history
and job title.
Under no circumstances should an employee provide another individual with information regarding current
or former employees of The Company. If you receive a request for reference information, please forward it
to your Human Resources Department.
Protecting Company Information
Protecting Company information is the responsibility of every employee, and we all share a common
interest in making sure information is not improperly or accidentally disclosed. Do not discuss the Company's confidential business with anyone who does not work for us.
All telephone calls regarding a current or former employee's position/compensation with The Company
must be forwarded to your Human Resources Department.
The Company's address shall not be used for the receipt of personal mail.
Conflict Of Interest / Code of Ethics
A company's reputation for integrity is its most valuable asset and is directly related to the conduct of its
officers and other employees. Therefore, employees must never use their positions with the Company, or any of its patients, for private gain, to advance personal interests or to obtain favors or benefits for
themselves, members of their families or any other individuals, corporations or business entities.
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The Company adheres to the highest legal and ethical standards applicable in our business. The Company's
business is conducted in strict observance of both the letter and spirit of all applicable laws and the integrity
of each employee is of utmost importance.
Employees of the Company shall conduct their personal affairs such that their duties and responsibilities to
the Company are not jeopardized and/or legal questions do not arise with respect to their association or work with the Company. Employees fail to so conduct themselves may be subject to discharge.
Employee Client / Patient Relationships
LEARNING ARTS provides professional services in the field of Applied Behavior Analysis (ABA). These
services include the implementation of accepted scientific principles and methodologies for diverse
purposes, including behavior modification in individuals. In order to provide such services appropriately,
Learning ARTS employs Board Certified Behavior Analysts (BCBA) and Board Certified Associate
Behavior Analysts (BCABA), Registered Behavior Technicians (RBT) and other personnel. In accordance
with the policies of the Behavior Analysis Certification Board (BACB), all BCABA, and RBT
(certification to begin 2014) who provide services in the ABA field are required to be supervised by a BCBA. Each BCBA is subject to ethical requirements which govern his/her conduct as well as the conduct
of those persons who work under the supervision of that BCBA. Therefore, each employee of Learning
ARTS who provides services to patients of LA must be familiar with and conform to the ethical
requirements imposed on the BCBA. The “Guidelines for Responsible Conduct” issued by the Behavior
Analyst Certification Board (2010), which are pertinent to the issue of relationships between Learning
ARTS employees and clients are in Appendix C. Conduct applied to RBT are indicated in the BACB
Guidelines too. Each field Employee must become familiar with the Guidelines in Appendix C.
Learning ARTS also adheres to the rules and regulations set forth by HIPAA Privacy Rule and Security
Rule (Section 164, pp 59-115 Appendix D). These rules govern responsibility to patient care, privacy and
storage of patient files. A summary of the rules follows, full disclosures of the rules are in Appendix D.
Learning ARTS began referring to its clients as patients in 2014 keeping with the more stringent rules set forth by HIPAA in 2014.
Summary of HIPAA Privacy and Security Rules
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) required the Secretary of the
U.S. Department of Health and Human Services (HHS) to develop regulations protecting the privacy and
security of certain health information. To fulfill this requirement, HHS published what are commonly
known as the HIPAA Privacy Rule and the HIPAA Security Rule The Privacy Rule, or Standards for
Privacy of Individually Identifiable Health Information, establishes national standards for the protection of
certain health information. The Security Standards for the Protection of Electronic Protected Health Information (the Security Rule) establish a national set of security standards for protecting certain health
information that is held or transferred in electronic form. The Security Rule operationalizes the protections
contained in the Privacy Rule by addressing the technical and non-technical safeguards that organizations
called “covered entities” must put in place to secure individuals’ “electronic protected health information”
(e-PHI). Within HHS, the Office for Civil Rights (OCR) has responsibility for enforcing the Privacy and
Security Rules with voluntary compliance activities and civil money penalties.
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Contact with the Media
All media inquiries regarding the Company and its operations must be referred to the Executive Director.
Only the Executive Director is authorized to make or approve public statements pertaining to the Company
or its operations. No employees, unless specifically designated by the Executive Director, are authorized to
make those statements.
New Employee Referral Bonus
The Company may pay, in its discretion, a bonus to any employee who refers an applicant to the Company
who is ultimately hired by the Company to a full-time or part-time position. The bonus is payable upon the
successful completion, by the newly hired employee, of his/her first ninety days of introductory period and
first 6 month review. The referring employee must still be employed with the Company at the time the
bonus is paid. Employee referrals must be directed to your Human Resources Department
Lunch Room
A lunch room is available for your use. Although the Company provides general custodial care, Employees
must clean up the portion of the lunch room which they use. The lunch room should be kept clean at all
times. The designated Supervisor of the lunch room is authorized to establish policies and procedures
concerning use of the lunch room, and all Employees are required to comply with them.
Cell Phones
Employees in certain positions are issued Company cell phones so they may maintain contact with patients and co-workers when they are out of the office on business.
Employees are encouraged to take appropriate safety precautions when using their cell phone. The use of
handheld cell phones while driving is prohibited. Employees are expected to comply with all applicable
laws regarding the use of cell phones.
Employees may be responsible for overage charges that result from excessive use of Company cell phones.
For more information on our current rate plan and authorized use please see your Human Resources
Manager.
The use of cell phones is not a work requirement for most employees. Employees who are not issued a Company cell phone will not be reimbursed for the use of their personal cell phones.
Employees are expected to demonstrate proper care of their cell phones. If you lose, break or damage your
Company cell phone, report it to your Human Resources Manager at once. All cell phones issued by the
Company must be returned upon leaving The Company or upon transferring to a position that does not
require a Company cell phone.
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If You Must Leave Us
Should you decide to leave your employment with us, we ask that you provide your Human Resources
Department with at least two weeks' advance written notice. Your thoughtfulness is appreciated and will be
noted favorably should you ever wish to reapply for employment with the Company.
Employees who are rehired following a break in service in excess of 30 days, other than an approved leave
of absence, must serve a new initial introductory period whether or not such a period was previously
completed. Such employees are considered new employees from the effective date of their reemployment
for all purposes, including the purposes of measuring benefits.
All Company property, including this Employee Handbook, must be returned upon termination of
employment. The Company may take legal action to seek the return of Company property and/or the
recovery of any replacement costs for such property.
You should notify the Company if your address changes prior to your receipt of income tax information (form W-2) for the calendar year in which the termination of your employment occurs so that your tax
information will be sent to the proper address.
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Section 5: Safety in the Workplace
Each Employee's Responsibility
Safety can only be achieved through teamwork. Each employee, supervisor and manager must practice
safety awareness by thinking defensively, anticipating unsafe situations and reporting unsafe conditions
immediately.
Please observe the following precautions:
1. Notify your supervisor of any emergency situation. If you are injured or become sick at work, no
matter how slightly, you must inform your supervisor immediately.
2. The use of alcoholic beverages or other drugs during working hours will not be tolerated. The
possession of alcoholic beverages or other drugs on the Company's property or at schools or
patient residences is prohibited. Employees may use appropriate prescription medications only in
accordance with their physician’s direction and only if such use does not interfere with the
performance of the Employee’s duties or otherwise violate Company policy.
3. Use, adjust and repair machines and equipment only if you are properly trained and qualified.
4. Know the proper lifting procedures. Get help when lifting or pushing heavy objects.
5. Understand your job fully and follow instructions. If you are not sure of the safe procedure, don't
guess; just ask your supervisor.
6. Know the locations, contents and use of first aid and fire fighting equipment.
A violation of a safety precaution is in itself an unsafe act. A violation may lead to disciplinary action, up
to and including discharge.
Blood borne Pathogens Exposure Control
To protect employees who may reasonably anticipate being occupationally exposed to blood and other
potentially infectious materials during work tasks, the Company has instituted a blood borne pathogens
exposure control program.
Briefly, our program includes an employee exposure determination, information and training about blood
borne pathogens, the availability of hepatitis B vaccinations, Universal Precautions, engineering controls,
safe work practices, personal protective equipment and housekeeping measures to help reduce the risks of
occupational exposure. Procedures to be used following an exposure incident and necessary record keeping
are also included. These matters are discussed in our written Infection Control Plan, which is available to you in accordance with the plan.
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Further information about our Blood borne Pathogens Exposure Control Program will be provided to
affected employees and may be obtained from your Human Resources Department.
Fire Drills
Fire drills are scheduled periodically throughout the year. These drills are an important aspect in employee
safety. We expect your complete cooperation during these drills. If you have any questions concerning
evacuation procedures, see your safety officer or office manager.
Workplace Violence
Violence by an employee or anyone else against any Company Employee, patient or business contact will
not be tolerated. The purpose of this policy is to protect all Employees and the Company from injury,
liability and the many other adverse results of violence.
If you receive or overhear any threatening communications from an employee or outside third party, report it to your supervisor at once. Do not engage in either physical or verbal confrontation with a potentially
violent individual. If you encounter an individual who is threatening immediate harm to an employee or
visitor to our premises, contact an emergency agency (such as 911) immediately.
All reports of work-related threats will be kept confidential to the extent possible. However, the Company
policy is that all such reports will be investigated and documented. Employees are required to report and
participate in an investigation of any suspected or actual cases of workplace violence.
Violations of this policy, including failure to report or fully cooperate in the Company's investigation, may
result in disciplinary action, up to and including discharge.
Workplace Searches
To protect the property and to ensure the safety of all employees, patients and the Company, the Company
reserves the right to conduct personal searches consistent with state law, and to inspect any packages,
parcels, purses, handbags, brief cases, lunch boxes or any other possessions or articles carried to and from
the Company's property. In addition, the Company reserves the right to search any employee's office, desk,
files, locker, equipment or any other area or article located on Company premises. The Company also
reserves the right to search any item of Company property which is located on the premises of a patient or
school where Company Employees perform duties on behalf of the Company, with the permission of the
owner or manager of those premises. In this regard, it should be noted that all offices, desks, files, lockers,
equipment, etc. which the Company provides are the property of the Company, and are issued for the use of employees only during their employment, and only for purposes consistent with their employment.
Inspection may be conducted at any time by any authorized Company representative, at the discretion of
the Company.
Persons entering the premises who refuse to cooperate in an inspection conducted pursuant to this policy
may not be permitted to enter the premises. Employees working on or entering or leaving the premises
who refuse to cooperate in an inspection, as well as employees who after the inspection are found to be in
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possession of stolen property , weapons, or illegal substances of any kind, will be subject to disciplinary
action, up to and including discharge.
Hazard Communication
The Company may use some chemicals (e.g., cleaning compounds, inks, etc.) in some of its operations. You should receive training and be familiar with the handling, use, storage and control measures relating to
these substances if you will use or likely be exposed to them. Material Safety Data Sheets (MSDS) are
available for inspections in your work area. You must follow all labeling requirements.
Please consult with the designated safety officer prior to purchasing chemicals for the Company or bringing
them on to our premises. For additional information, please refer to the Company's written Hazard
Communication Program. If you have any questions, ask your safety officer or office manager.
Good Housekeeping
Good work habits and a neat place to work are essential for job safety and efficiency. You are expected to keep your place of work organized and materials in good order at all times. Report anything that needs
repair or replacement to your supervisor or office manager.
Smoking in the Workplace
The Company is committed to providing a safe and healthy environment for employees and visitors.
Smoking is allowed only in designated areas outside the building.
Violations of this policy may result in disciplinary action, up to and including discharge.
Concealed Weapons
Possession, use or sale of weapons, firearms or explosives on work premises, while operating Company
machinery, equipment or vehicles for work-related purposes or while engaged in Company business off
premises is forbidden except where expressly authorized by the Company and permitted by state and local
laws. This policy applies to all employees, including but not limited to, those who have a valid permit to
carry a firearm.
Employees who are aware of violations or threats of violations of this policy are required to report such
violations or threats of violations to your supervisor immediately.
Violations of this policy will result in disciplinary action, up to and including discharge.
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In An Emergency
Your supervisor or your Human Resources Department should be notified immediately when an emergency
occurs. Emergencies include all accidents, medical situations, bomb threats, other threats of violence, and
the smell of smoke. If your supervisor or your Human Resources Department is unavailable, contact the
nearest Company official.
Should an emergency result in the need to communicate information to employees outside of business
hours, your supervisor or your Human Resources Department will contact you. Therefore, it is important
that employees keep their personal emergency contact information up to date. Notify your Human
Resources Department when this information changes.
When events warrant an evacuation of the building, you should follow the instructions of your supervisor
or your Human Resources Department or any other member of management. You should leave the
building in a quick and orderly manner. You should assemble at the pre-determined location as
communicated to you by your supervisor or your Human Resources Department to await further
instructions or information.
Please direct any questions you may have about the Company's emergency procedures to your supervisor or
your Human Resources Department.
Substance Abuse
The Company has vital interests in ensuring a safe, healthy and efficient working environment for our
employees, their co-workers and the patients we serve. The unlawful or improper presence or use of drugs
or alcohol in the workplace presents a danger to everyone. For these reasons, we have established as a
condition of employment and continued employment with the Company the following substance abuse
policy.
As a general rule, Employees are prohibited from reporting to work or working while using or in
possession of drugs or other illegal or unauthorized substances. Employees are prohibited from reporting
to work or working when the employee uses any illegal drug or any controlled substance. Exception to this
policy may be made when the possession/ use is pursuant to a doctor's prescription and the doctor
prescribing the substance has advised the employee that the substance will not adversely affect the
employee's ability to safely and effectively perform his or her job duties. The Company may require that
the Employee furnish a copy of the relevant prescription and/or a doctor’s note regarding the employee’s
ability to perform his/her duties. Employee agrees to provide authorization to his/her treating physician in
order to provide such documentation.
In addition, employees are prohibited from engaging in the unlawful or unauthorized manufacture,
distribution, sale or possession of illegal or unauthorized substances and alcohol in the workplace
including: on Company paid time, on Company premises, in Company vehicles, or while engaged in
Company activities. Employees are also prohibited from reporting for duty or remaining on duty with any
alcohol in their systems. Employees are further prohibited from consuming alcohol during working hours,
including meal and break periods. This does not include the authorized use of alcohol at Company-
sponsored functions or activities.
Your employment or continued employment with the Company is conditioned upon your full compliance
with the foregoing substance abuse policy. Any violation of this policy may result in disciplinary action,
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up to and including discharge. Furthermore, any employee who violates this policy who is subject to
termination may be permitted in lieu of termination, at the Company's sole discretion, to participate in and
successfully complete an appropriate treatment, counseling or rehabilitation program as recommended by a
substance abuse professional as a condition of continued employment and in accordance with applicable
federal, state, and local laws.
Consistent with its fair employment policy, the Company maintains a policy of non-discrimination and
reasonable accommodation with respect to recovering addicts and alcoholics, and those having a medical
history reflecting treatment for substance abuse conditions. We encourage employees to seek assistance
before their substance or alcohol use renders them unable to perform their essential job functions or
jeopardizes the health and safety of themselves or others. The Company will attempt to assist its
employees through referrals to rehabilitation, appropriate leaves of absence and other measures consistent
with the Company's policies and applicable federal, state or local laws.
The Company further reserves the right to take any and all appropriate and lawful actions necessary to
enforce this substance abuse policy including, but not limited to, the inspection of Company issued lockers,
desks or other suspected areas of concealment, as well as an employee's personal property when the
Company has reasonable suspicion to believe that the employee has violated this substance abuse policy.
This policy represents management guidelines. For more information, please speak to your Human
Resources Department.
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Receipt of Employee Handbook and Employment-At-Will Statement
This is to acknowledge that I have received a copy of the Learning ARTS Employee Handbook and I
understand that it contains information about the employment policies and practices of the Company. I
agree to read and comply with the policies and procedures set out in this Employee Handbook. I
understand that the policies outlined in this Employee Handbook are subject to change from time to time,
as management determines. I understand that the Company retains the right to make decisions involving
employment policies and procedures as needed in order to conduct its work in a manner that is beneficial to
the Company, its Employees and the patients served. I understand that this Employee Handbook
supersedes and replaces any and all prior Employee Handbooks and any inconsistent verbal or written
policy statements.
I understand that except for the policy of at-will employment, which can only be changed by the president of the Company in a signed written contract, the Company reserves the right to revise, delete and add to the
provisions of this Employee Handbook at any time without advance notice. All such revisions, deletions or
additions to the Employee Handbook will be in writing and will be signed by the president of the Company.
I understand that no oral statements or representations can change the provisions of this Employee
Handbook.
I understand that this Employee Handbook is not intended to create contractual obligations with respect to
any matters it covers and that the Employee Handbook does not create a contract guaranteeing that I will be
employed for any specific time period or under any particular conditions.
THIS COMPANY IS AN AT-WILL EMPLOYER. THIS MEANS THAT REGARDLESS OF ANY PROVISION IN THIS EMPLOYEE HANDBOOK OR ANY OTHER COMMUNICATION RECEIVED
BY AN EMPLOYEE, THE COMPANY OR I MAY TERMINATE THE EMPLOYMENT
RELATIONSHIP AT ANY TIME, FOR ANY REASON, WITH OR WITHOUT CAUSE OR ADVANCE
NOTICE. NOTHING IN THIS EMPLOYEE HANDBOOK OR IN ANY DOCUMENT OR
STATEMENT, WRITTEN OR ORAL, SHALL LIMIT THE RIGHT TO TERMINATE THE
EMPLOYMENT RELATIONSHIP AT-WILL BY EITHER PARTY. NO OFFICER, EMPLOYEE OR
REPRESENTATIVE OF THE COMPANY IS AUTHORIZED TO ENTER INTO AN AGREEMENT—
EXPRESS OR IMPLIED—WITH ME OR ANY EMPLOYEE FOR EMPLOYMENT FOR A SPECIFIED
PERIOD OF TIME UNLESS SUCH AN AGREEMENT IS IN A WRITTEN CONTRACT SIGNED BY
THE PRESIDENT OF THE COMPANY.
I understand that this Employee Handbook refers to current benefit plans maintained by the Company and
that I must refer to the actual plan documents and summary plan descriptions as these documents are
controlling.
I also understand that if a written contract is inconsistent with the Employee Handbook, the written contract
is controlling.
If I have questions regarding the content or interpretation of this Employee Handbook, I will ask my
supervisor or Human Resources representative.
____________________________________________________________________________________________
Employee Signature
______________________________________________________________ ________________________
Printed Name Date
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