Jacobi, LLC
DBA
AcctKnowledge
Employee Handbook
Effective September 9, 2019
AcctKnowledge COMPANY CONFIDENTIAL Employee Handbook
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TABLE OF CONTENTS
SECTION I: INTRODUCTION ...................................................................................................... 4
Introductory Statement ................................................................................................................. 4 Client Relations ............................................................................................................................ 4 Scope of Employment & Responsibilities for Temporary Employees ........................................ 5
SECTION II: GOVERNING PRINCIPLES OF EMPLOYMENT ................................................. 5
“At-Will” Employment Policy ..................................................................................................... 5 Employee Relations Policy .......................................................................................................... 5 Equal Employment Opportunity Policy ....................................................................................... 5 Prohibition of Harassment, Discrimination & Retaliation Policy ................................................ 6 Americans with Disabilities Act Policy ....................................................................................... 9
Drug and Alcohol Abuse Prevention and Testing Policy........................................................... 10 Business Ethics and Conduct Policy .......................................................................................... 10
Conflicts of Interest Policy ......................................................................................................... 10
Outside Employment and Other Compensation Policy .............................................................. 11 Confidentiality & Non-Disclosure Policy .................................................................................. 11 Employee Conduct and Work Rules Policy ............................................................................... 11
Problem Resolution Policy ......................................................................................................... 12
SECTION III: OPERATIONAL & PAYROLL POLICIES ......................................................... 13
Employment Categories ............................................................................................................. 13 Timekeeping & Pay Periods ....................................................................................................... 14 Personnel Data Changes ............................................................................................................. 15
Employee Records & Employment Applications ...................................................................... 15 Attendance and Punctuality ........................................................................................................ 15
Personal Appearance .................................................................................................................. 16 Resignation ................................................................................................................................. 16
SECTION IV: LEAVE POLICIES ................................................................................................ 17
Holiday Leave Policy ................................................................................................................. 17 Paid Time Off (PTO) Policy ...................................................................................................... 17
Family & Medical Leave Policy ................................................................................................ 18 Jury Duty & Court Appearances Policy ..................................................................................... 26 Military Leave Policy ................................................................................................................. 27 Bereavement Leave Policy ......................................................................................................... 30
Natural Disaster/Other Office Closures ..................................................................................... 30
SECTION V: INFORMATION TECHNOLOGY POLICIES ...................................................... 30
Computer Equipment and Email Usage ..................................................................................... 30 Internet Usage ............................................................................................................................. 31
APPENDIX A - FMLA Poster ....................................................................................................... 33
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APPENDIX B - Drug And Alcohol Abuse Prevention And Testing Policy ................................... 34
APPENDIX C - Acknowledgement................................................................................................ 40
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Welcome to AcctKnowledge!
This Employee Handbook serves primarily as an orientation document and
personnel policy reference for new hires and as a reference for all existing
employees as well. The following pages will provide you with the
Company’s policies, rules, processes and procedures. It is important that
you become familiar with them in their entirety.
Through our evaluation of your qualifications to be a part of our team at
AcctKnowledge (“AK” or “Company”), we are confident that you will be a
highly valued participant in achieving our goals in this customer service
environment. AK hires employees to provide services either directly to AK
(“AK Regular Employees”) or to provide services to AK’s clients
(“Temporary Employees”). AK also conducts searches for candidates for positions with AK clients
(“Direct Hires”). With regard to Direct Hires, AK clients make the decision whether to hire such
candidates and if hired, the candidate(s) become employees of the client and are not employees of
AK.
This Employee Handbook applies only to AK employees. It does not apply to Direct Hires.
Additionally, applicants for positions with AK as Temporary Employees may receive a copy of this
handbook during the application process. However, the handbook is provided only for
informational purposes and does not become applicable to such applicant until and unless the
applicant becomes an employee of AK.
As an employee, you will represent AK. Your appearance, conduct, attitude and reliability, as well
as your technical skills, will contribute to your success and affect the growth and success of AK in
the market place.
We trust that the information on the following pages will be sufficient to guide your daily
performance. Should you be unsure about a particular policy or procedure, please consult with our
management team.
Thank you for choosing to join the AK team. We look forward to your contribution, as we pursue
our collective goal of providing unsurpassed service and support to our clients.
Sincerely,
Chris Jacobi
President/CEO
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SECTION I: INTRODUCTION
Introductory Statement
This handbook is designed to acquaint an employee with AK and provide information about working
conditions, employee benefits, and some of the policies affecting employment. The employee should read,
understand, and comply with all provisions of the handbook. An applicant for a position as a Temporary
Employee should also read, understand, and if such applicant is hired as a Temporary Employee, comply with
all provisions of the handbook. It describes many of your responsibilities as an employee and outlines the
programs developed by AK to benefit employees. One of our objectives is to provide a work environment that
is conducive to both personal and professional growth.
No employee handbook can anticipate every circumstance or question about your employment. As AK
continues to grow, the need may arise and AK reserves the right to revise, supplement, or rescind any policies
or portion of the handbook from time to time as it deems appropriate, in its sole and absolute discretion. This
handbook supersedes any and all past policies, procedures, understandings, and standards, written or verbal,
express or implied to the extent the subject matters are addressed herein unless specifically outlined in a written
employment agreement signed by the President/CEO of AK and you. If there is an inconsistency with a prior
understanding, you have an obligation to contact the President/CEO of AK for resolution. Only the
President/CEO of AK has the authority to amend or permit an alteration or departure from the terms of this
Employee Handbook.
If you are hired as a Temporary Employee, you are to follow the provisions in this handbook and also the
client’s rules and policies that apply to you. These would include, for example, where you can park and
whether smoking or the use of tobacco is permitted. If there is a conflict between the client’s rules and policies
and those contained in this handbook, the policies contained in this handbook will control. If you have any
questions about what client rules and policies apply to you, contact AK’s HR Administrator for clarification.
This handbook is not contract of employment for any specified period of time. No statement in the handbook
may be construed to grant any employment contract of a fixed duration, nor may this handbook be interpreted
as making an implied or express contract of employment that is for a fixed duration or other than “at-will.”
Client Relations
Clients are among our organization's most valuable assets. Every employee represents AK to our customers
and the public. The way we do our jobs projects an image of our entire organization. Clients judge all of us by
how they are treated with each employee contact. Therefore, one of our first business priorities is to assist any
client or potential client by being courteous, friendly, helpful, and prompt in the attention we give to clients.
Our personal contact with the public, our telephone etiquette and the communications we express, either orally
or in writing to our clients or potential clients, are a reflection not only of ourselves, but also of the
professionalism of the staff. Positive client relations not only enhance the public's perception or image of AK,
but also for you as an employee or future employee.
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Scope of Employment & Responsibilities for Temporary Employees
If you are a Temporary Employee, it is your responsibility to make AK aware of your availability for
assignments. If, upon completion of an assignment, you fail to contact AK within 48 hours to advise us of
your availability or if you fail to notify AK weekly of your availability for work, AK will consider such failure
as a voluntary resignation. Such failure and/or refusal to accept assignments may affect current and/or future
unemployment claims.
If you are approached by a client of AK with an offer of direct employment, you are to notify AK. AK and its
clients may have an agreement that involves the client paying AK a conversion/buy out fee if the client hires
a AK Temporary Employee prior to a certain set period of hours.
If you are assigned to work at the offices of a client, your services are to be rendered only at the job site to
which you are assigned. It is expressly outside the scope of your job as a Temporary Employee with AK to
drive a vehicle or to run errands requiring the use of a vehicle on behalf of a client. In the event a client asks
you to perform duties involving leaving the jobsite, you must obtain specific permission to do so from AK
prior to undertaking any such activity.
SECTION II: GOVERNING PRINCIPLES OF EMPLOYMENT
“At-Will” Employment Policy
Employment with AK is voluntarily entered into, and the employee is free to resign at will at any time, with
or without cause. Similarly, AK may terminate the employment relationship at will at any time, with or without
notice or cause.
Policies set forth in this handbook are not intended to create a contract, nor are they to be construed to constitute
contractual obligations of any kind or a contract of employment between AK and any of its employees.
Employee Relations Policy
AK believes that the work conditions, wages, and benefits it offers to its employees are competitive with those
offered by other employers in this area and in this industry. If employees have concerns about work conditions
or compensation, they are strongly encouraged to voice these concerns openly and directly to their manager.
Our experience has shown that when employees deal openly and directly with their manager, communications
can be clear, and attitudes can be positive. We believe that AK amply demonstrates its commitment to
employees by responding to employee concerns.
Equal Employment Opportunity Policy
Responsibilities. It is the responsibility of every employee to abide by and carry out the letter, spirit, and intent
of this Equal Employment Opportunity Policy. All officers, supervisors, and employees of the Company
should continually examine their personnel practices to ensure that the Company operates within this Equal
Employment Opportunity Policy.
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Protections. The Company is an equal opportunity employer and prohibits discrimination in all aspects of
employment, including, but not limited to, recruitment, hiring, training, wage administration, promotions or
upgrading, demotions, downsizing, transfers, benefits, compensation, work assignments, daily work
environment, discipline, and termination. The Company prohibits discrimination based on race, color, religion,
sex, sexual orientation, gender identity, national origin, disability, pregnancy, age, military status, veteran
status, genetic information, or any other characteristics protected by applicable federal, state, or local laws.
Nothing in this Equal Employment Opportunity Policy, however, is intended to limit or expand the Company’s
obligations pursuant to applicable federal, state, and local laws, rules, and regulations. All decisions of the
Company affecting applicants for employment and employees will be based on an individual’s qualifications,
including education, experience, job-related skills, interest, job performance, and availability.
Questions. Any employee with questions about equal employment opportunities at the Company is
encouraged to bring these issues to the attention of the President/CEO.
Complaint Procedure. The Company has established the following procedure for reporting alleged violations
of the Equal Employment Opportunity Policy:
(a) Requirement to Make Complaint. An employee who perceives or believes that particular
conduct or comments of another person violate this Equal Employment Opportunity Policy must report
such conduct or comments to the President/CEO or any member of management as soon as reasonably
practicable. An employee has the obligation to make a complaint whether the conduct or comments
are directed at the employee or at someone else.
(b) Investigation. All complaints shall be promptly and impartially investigated by appropriate
management personnel or outside counsel.
(c) Complaint of Retaliation. This Complaint Procedure also applies when an employee
perceives or believes that another person is engaged in retaliation prohibited by the next paragraph.
Retaliation Prohibited. The Company prohibits any retaliation against an employee who, in good faith, has
made a complaint or participated in an investigation under this Equal Employment Opportunity Policy. Any
employee of the Company who, after reasonable investigation, has been determined to have retaliated against
an employee for making a good faith complaint is subject to discipline, up to and including termination of
employment. If an employee believes he/she or another employee has been the subject of retaliation, the
employee is required to make a complaint alleging retaliation by using the Complaint Procedure contained in
this Equal Employment Opportunity Policy.
Effect of Violation. Violations of this Equal Employment Opportunity Policy may result in disciplinary action,
up to and including termination of employment.
Prohibition of Harassment, Discrimination & Retaliation Policy
Protections. The Company has established this Prohibiting Harassment, Discrimination & Retaliation Policy
which prohibits discrimination against and harassment of its employees in any form, by any supervisor,
employee, client, customer, vendor, director, owner, or officer of the Company. This includes harassment
and/or discrimination based on race, color, religion, sex, sexual orientation, gender identity, national origin,
disability, pregnancy, age, military status, veteran status, genetic information, or any other characteristics
protected by applicable federal, state, or local laws. The Company also prohibits retaliation against anyone
who has made a complaint under this policy. Any violation of this policy may result in disciplinary action, up
to and including termination of employment. Nothing in this policy, however, is intended to limit or expand
the Company’s obligations pursuant to applicable federal, state, and local laws, rules, and regulations.
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Sexual Harassment
Definition of Sexual Harassment. Unwelcome sexual advances, requests for sexual favors, and other verbal
or physical conduct of a sexual nature may constitute sexual harassment when one or more of the following
occur:
(a) Submission to such conduct is made either explicitly or implicitly a term or condition of an
individual’s employment;
(b) Submission to or rejection of such conduct by an individual is used as a basis for employment
decisions affecting such individual; and/or
(c) Such conduct has the purpose or effect of unreasonably interfering with an individual’s work
performance or of creating an intimidating, hostile, or offensive working environment.
Examples of Sexual Harassment. By way of example, but not as an exhaustive illustration, the following
conduct by supervisory or non-supervisory personnel of the Company can constitute a violation of this policy:
(a) Threatening or insinuating that an employee’s submission to or rejection of sexual advances
will in any way influence any personnel decision regarding that employee’s employment, evaluation,
wages, advancement, assigned duties, shifts, or any other condition of employment;
(b) Repeated sexual flirtation, joking, or teasing;
(c) Advances or propositions;
(d) Continual or repeated verbal abuse of a sexual nature;
(e) Graphic verbal commentaries about an individual’s appearance;
(f) Sexually degrading words or comments;
(g) Lewd, risqué, or obscene language;
(h) Gender-targeted jokes or cartoons;
(i) The display in the workplace of sexually suggestive objects or pictures; and/or
(j) Intentional, nonconsensual touching.
Other Types of Harassment and Discrimination
Protected Classes. Besides sexual harassment and discrimination, this policy also prohibits harassment and
discrimination based on race, color, religion, sex, sexual orientation, gender identity, national origin, disability,
pregnancy, age, military status, veteran status, genetic information, or any other characteristics protected by
applicable federal, state, or local laws.
Examples. By way of example, but not as an exhaustive illustration, the following conduct or comments can
constitute a violation of this policy:
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(a) Making jokes, statements, or committing acts regarding a particular race, color, religion, sex,
sexual orientation, gender identity, national origin, disability, pregnancy, age, military status, veteran
status or genetic information that are regarded as derogatory, offensive, prejudicial, or harassing;
(b) Using racial or ethnic slurs;
(c) Making derogatory or offensive comments about pregnancy or pregnant women;
(d) Refusing to hire, train, promote, or provide equitable employment conditions based on any of
the aforementioned protected classes, except when business necessity or a bona fide occupational
qualification can reasonably be established.
Complaint Procedure. Early reporting and intervention are effective methods of resolving actual or perceived
incidents of harassment, discrimination or retaliation. The Company has established the following procedures
for reporting conduct that an employee believes may be in violation of this policy:
(a) Requirement to Make Complaint. An employee who perceives or believes that particular
conduct or comments of another person may violate this policy must report such conduct or comments
to the President/CEO or any member of management as soon as reasonably practicable. An employee
has the obligation to make a complaint whether the conduct or comments are directed at the employee
or at someone else. Any supervisor or member of management approached by an individual regarding
possible harassment, discrimination or retaliation is required to bring the complaint to the attention of
the President/CEO. Failure to promptly report such conduct prevents the Company from conducting
a timely investigation and therefore such failure will be grounds for disciplinary actions, up to and
including termination of employment.
(b) Complaints After Normal Business Hours. To report an incident after normal business
hours, employees are to call management at 918-812-6847.
(c) Requests to Stop Harassment. An employee who perceives or believes that particular
conduct or comments is harassment or discrimination is permitted (but not required) to ask or tell the
other individual to stop engaging in such conduct or making such comments. However, the employee
is not relieved of the responsibility to make a complaint, even if the other individual stops whatever
conduct or comments he/she was making.
(d) Complaint of Retaliation. This Complaint Procedure also applies when an employee
perceives or believes that another person is engaged in retaliation by the paragraph below.
Retaliation Prohibited. The Company prohibits any retaliation against an employee who, in good faith, has
made a complaint or participated in an investigation under this policy. Any employee of the Company who,
after reasonable investigation, has been determined to have retaliated against another employee for making a
good faith complaint under this policy is subject to discipline, up to and including termination of employment.
If an employee believes he/she or another employee has been the subject of retaliation in violation of this
policy, the employee is required to make a complaint alleging retaliation by using the Complaint Procedure.
Investigation of Complaint. All complaints shall be promptly and impartially investigated by appropriate
management personnel or outside counsel, subject to the following:
(a) Confidentiality. Complaints will be kept as confidential as possible, subject to the need to
disclose information in the investigation and management response process;
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(b) Interviews. The investigation will include interviews with the employee who made the
complaint, the alleged harasser or retaliator, and others who could reasonably be expected to have
relevant information;
(c) Cooperation. Employees are expected to cooperate fully with and assist in the investigation
if requested to do so by the Company; and
(d) Opportunity to Answer Allegations. Any employee accused of harassment, discrimination,
or retaliation in violation of this policy shall have an opportunity to answer the allegations at a
meaningful time and in a meaningful manner.
Outcome of Investigation. No determination regarding a complaint shall be made until the investigation
pursuant to this policy is completed. If the Company determines that this policy has been violated, the
offending employee will be subject to discipline, up to and including termination of employment. If the
Company determines that the complaint was not made in good faith, with a genuine factual basis, the employee
making the unfounded complaint will be subject to discipline, up to and including termination of employment.
Americans with Disabilities Act Policy
Policy Statement. The Company is committed to complying with all applicable provisions of the Americans
with Disabilities Act (the “ADA”), as amended. It is the Company’s policy not to discriminate against any
qualified employee or applicant with regard to any terms or conditions of employment because of such
individual’s disability or perceived disability so long as the employee can perform the essential functions of
the job, with or without a reasonable accommodation. Consistent with this policy of nondiscrimination, the
Company will provide a reasonable accommodation to any qualified individual with a disability, as defined by
the ADA, who has requested an accommodation, provided that such accommodation does not constitute an
undue hardship on the Company.
Procedure for Requesting an Accommodation.
(a) Employees with a disability who believe they need a reasonable accommodation to perform
the essential functions of their job must contact the President/CEO or any member of management.
The Company encourages individuals with disabilities to come forward and request a reasonable
accommodation.
(b) On receipt of an employee’s accommodation request, the President/CEO or any member of
management and the employee’s supervisor will meet with the employee to discuss and identify the
precise limitations resulting from the disability and the potential accommodation that the Company
might make to help the employee perform the essential functions of his/her job.
Interactive Process. The Company will engage in an interactive process with the employee requesting an
accommodation. The Company may request and require relevant medical information to verify the existence
of the disability and to obtain suggestions on accommodation from an employee’s health care provider. An
employee is required to cooperate fully in this process, including providing a HIPAA authorization if necessary
in order to facilitate communications between the Company and the health care provider.
Decisions on Accommodation Requests / Appeals of Decisions. The Company will inform the employee of
its decision on the accommodation request or provide information on an alternative accommodation. If the
accommodation request is denied, the employee will be advised of his/her right to appeal the decision by
submitting a written statement to the President/CEO, explaining the reasons for the request. If the request on
appeal is denied, that decision is final.
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Limitations on Accommodations. The ADA does not require the Company to make the best possible
accommodation. Nor does the ADA require the Company to provide the accommodation requested by the
employee.
Questions. An employee who has questions regarding this policy should contact the President/CEO.
Drug and Alcohol Abuse Prevention and Testing Policy
Refer to Appendix “B” for the AK Drug and Alcohol Abuse Prevention and Testing Policy.
Business Ethics and Conduct Policy
The successful business operation and reputation of AK are built upon the principles of fair dealing and ethical
conduct with regard to our employees. Our reputation for integrity and excellence requires careful observance
of the spirit and letter of all applicable laws and regulations, as well as a scrupulous regard for the highest
standards of conduct and personal integrity.
The continued success of AK is dependent upon our clients’ trust and we are dedicated to preserving that trust.
Employees owe a duty to AK and its clients to act in a way that will merit the continued trust and confidence
of the public.
AK expects its employees to conduct business in accordance with the letter, spirit, and intent of all relevant
laws and to refrain from any illegal, dishonest, or unethical conduct.
In general, the use of good judgment, based on high ethical principles, will guide you with respect to lines of
acceptable conduct. If a situation arises where it is difficult to determine the proper course of action, the matter
should be discussed openly with your manager and, if necessary, with the President/CEO for advice and
consultation.
Compliance with this policy of business ethics and conduct is the responsibility of every AK employee.
Disregarding or failing to comply with this standard of business ethics and conduct could lead to disciplinary
action, up to and including possible termination of employment.
Conflicts of Interest Policy
Employees have an obligation to conduct business within guidelines that prohibit actual or potential conflicts
of interest. This policy establishes only the framework within which AK wishes the business to operate. The
purpose of these guidelines is to provide general direction so that employees can seek further clarification on
issues related to the subject of acceptable standards of operation by contacting the President/CEO.
An actual or potential conflict of interest occurs when an employee is in a position to influence a decision that
may result in a personal gain for that employee or for a relative as a result of AK’s business dealings. For the
purposes of this policy, a relative is any person who is related by blood or marriage, or whose relationship with
the employee is similar to that of persons who are related by blood or marriage.
No "presumption of guilt" is created by the mere existence of a relationship with outside firms. However, if
employees have any influence on transactions involving purchases, contracts, or leases, it is imperative that
they disclose to an officer of AK as soon as possible the existence of any actual or potential conflict of interest
so that safeguards can be established to protect all parties.
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Outside Employment and Other Compensation Policy
Employees may hold outside jobs as long as they meet the performance standards of their job with AK. All
employees will be judged by the same performance standards and will be subject to AK’s scheduling demands,
regardless of any existing outside work requirements.
If an employee's outside work interferes with performance or the ability to meet the requirements of AK as
they are modified from time to time, the employee should consider terminating the outside employment if he
or she wishes to remain employed with AK.
Outside employment that constitutes a conflict of interest is prohibited. Employees may not receive any income
or material gain from individuals outside AK for materials produced or services rendered while performing
their jobs. This may include, but not be limited to, considerations from vendors, contractors and/or purveyors
AK does business with. Prior to any acceptance of gifts, tokens, or considerations for doing business with AK,
an employee must obtain approval from the President/CEO. At that time, the appropriate allocation or
distribution of the considerations will be determined.
Confidentiality & Non-Disclosure Policy
As an employee of AK you may have access to confidential information regarding the Company and the clients
for whom you may work. You are prohibited from disclosing, directly or indirectly, to any unauthorized
person (including other employees), any confidential information.
The protection of confidential business information and trade secrets of clients and of our Company is vital to
the interests and the success of AK. Such confidential information includes, but is not limited to, the following
examples:
• computer processes
• customer lists
• financial information
• business and proprietary information
• technology information
• trade secrets
• research data
• information regarding costs, profits, markets, market studies and forecasts
• billing and fee policies and data
• key personnel data
• other business affairs and methods
All employees may be required to sign a non-disclosure agreement as a condition of employment. Even if they
are not required to sign such an agreement, employees who improperly use or disclose trade secrets or
confidential business information will be subject to disciplinary action, up to and including termination of
employment and legal action, even if they do not actually benefit from the disclosed information.
Employee Conduct and Work Rules Policy
To ensure orderly operations and provide the best possible work environment, AK expects employees to follow
rules of conduct that will protect the interests and safety of all employees and the Company.
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AK does not adhere to any formal system of corrective action and management’s right to take corrective action
to improve performance or to terminate employment is absolute. If corrective action is taken, it will vary based
on the offense, the circumstances surrounding the offense, and the employee’s past record with AK.
It is not possible to list all the forms of behavior that are considered unacceptable in the workplace. The
following are examples of infractions of rules or conduct that may result in disciplinary action, up to and
including termination of employment:
• Theft or inappropriate removal or possession of property
• Falsification of timekeeping records
• Working under the influence of alcohol or illegal drugs
• Possession, distribution, sale, transfer, or use of alcohol or illegal drugs in the workplace, while on
duty, or while operating employer-owned vehicles or equipment in violation of Company policy
• Fighting or threatening violence in the workplace
• Boisterous or disruptive activity in the workplace
• Negligence or improper conduct leading to damage of Company-owned or customer-owned property
• Insubordination or other disrespectful conduct
• Violation of safety or health rules
• Smoking in prohibited areas
• Sexual or other harassment or discrimination in violation of Company policy
• Possession of dangerous or unauthorized materials, such as explosives or firearms, in the workplace,
subject to applicable laws
• Excessive absenteeism or any absence without notice
• Unauthorized absence from work station during the workday
• Unauthorized use of telephones, mail system, or other Company-owned equipment
• Unauthorized disclosure of business "secrets" or confidential information
• Violation of Company policies
• Unsatisfactory performance or conduct
Employment with AK is at the mutual consent of the Company and the employee, and either party may
terminate that relationship at any time, with or without cause, and with or without advance notice.
Problem Resolution Policy
AK is committed to providing an open and frank atmosphere in which any problem, complaint, suggestion, or
question receives a timely response.
If employees disagree with established rules of conduct, policies, or practices, they can express their concern
through the problem resolution procedure. No employee will be penalized, formally or informally, for voicing
a complaint with AK in a reasonable, business-like manner, or for using the problem resolution procedure.
If a situation occurs when employees believe that a condition of employment or a decision affecting them is
unjust or inequitable, they are encouraged to make use of the following steps. Employees may discontinue the
procedure at any step.
(a) Employee raises an issue to his/her immediate manager after the issue arises. If the manager
is unavailable or the employee believes it would be inappropriate to contact that person, the employee
may present the issue to the President/CEO or any other member of management.
(b) Manager responds to the issue during discussion or after consulting with appropriate
management, when necessary. The manager documents the discussion.
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(c) Employee presents the issue to the President/CEO if the issue is not resolved.
(d) President/CEO reviews and considers the issue. President/CEO informs the employee of the
Company’s response and forwards a copy of the written response to the HR Administrator for the
employee's file. The President/CEO has full authority to make any adjustment deemed appropriate to
resolve the issue.
Not every issue can be resolved to everyone's total satisfaction, but only through understanding and discussion
can employees and management better understand each other. This understanding is important to the operation
of an efficient and productive work environment.
SECTION III: OPERATIONAL & PAYROLL POLICIES
Employment Categories
It is the intent of AK to clarify the definitions of employment classifications so that employees understand
their employment status. These classifications do not guarantee employment for any specified period of time.
Accordingly, the right to terminate the employment relationship at will at any time is retained by both the
employee and AK.
“NON-EXEMPT” - Employees in positions which are non-exempt according to the Fair Labor Standards Act
(FLSA) are eligible to receive overtime for hours worked in excess of 40 hours per workweek, or other
applicable state overtime regulations. Holiday and Paid Time Off, or other pay, if applicable, do not count
toward the hours worked for the purpose of calculating overtime.
“EXEMPT” - Employees in positions which meet the exemption status according to the FLSA perform
requirements according to a defined function and are paid a weekly salary. Such employees, by definition, are
exempt from the overtime provisions of the FLSA and are not entitled to any overtime pay for work performed
in excess of 40 hours in a workweek. Exempt employees are expected to put in the hours necessary to
accomplish assigned objectives, goals, tasks or projects which may require to work in excess of 40 hours per
workweek. If applicable, deductions from the salary of an exempt employee will be made in accordance with
the FLSA.
In addition to the designation of non-exempt and exempt, employees will belong to one of the following
employment categories:
“REGULAR, FULL TIME” - To be classified as a “Regular, Full-Time Employee,” the employee must be
employed to work in the offices of AK and not be employed to work at a client’s place of business. Employees
who are employed to work at a client’s place of business are not classified as “Regular, Full-Time Employees,”
but are classified as “Temporary Employees” as defined below. In addition, to be classified as a “Regular,
Full-Time Employee,” the employee must regularly work 24 hours or more per workweek.
“REGULAR, PART TIME” - To be classified as a “Regular Part-Time Employee,” the employee must be
employed to work in the offices of AK and not be employed to work at a client’s place of business. In addition,
a “Regular, Part-Time Employee” is one who regularly works less 24 hours per workweek.
“TEMPORARY EMPLOYEES” - One of our primary lines of business is to provide Temporary Employees
to provide services at client businesses. Employees assigned to work at the work site of a client are classified
as a Temporary Employee regardless of the number of hours they regularly work.
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“DIRECT HIRE” – AK conducts searches for clients for the client to directly hire an individual as the client’s
employee. In this situation, the client is the employer of the individual and the individual is not an employee
of AK. Since the individual is not an employee of AK, this handbook is not applicable to “Direct Hires.”
All determinations of classification of employees are in the sole discretion of AK.
For purposes of determining eligibility for employee benefits, different classification rules may apply.
Employees should consult this handbook, the Summary Plan Descriptions, and other plans, programs or
policies to determine whether they are eligible for employee benefits.
Timekeeping & Pay Periods
Timekeeping is to be completed and approved weekly by all non-exempt employees and approved by an
authorized client if applicable. The AK workweek begins on Monday at 12:01 AM and ends on Sunday at
midnight. A completed, approved and client-authorized record of hours worked must be received by the AK
office by 8:00 AM on Mondays. Approved delivery methods include email, US mail, personal delivery or by
using AK’s web-based Electronic Timekeeping System (ETK). If a client requests timekeeping records at a
different time, such as the last day of the workweek, employees must comply with the client’s request.
The Timekeeping record is an important part of payroll (record keeping) and is essential to our billing process.
If corrections or modifications are made to the timekeeping record, both the employee and the manager must
verify the accuracy of the changes by approving the appropriate timekeeping record.
Temporary Employees are paid on Friday for work performed the previous workweek. Paychecks may be
picked up on Fridays from 8:00 AM to 5:00 PM. Direct deposit is also offered as a convenience.
Regular, Full-Time Employees and Regular Part-Time Employees are paid on the 1st and 3rd Fridays of each
month, with commissions (if applicable) paid the 2nd Friday of each month.
Your attention to prompt completion and submittal of these records is essential to our business. The pay system
is driven by receipt of your weekly timekeeping record.
Employees may have their pay directly deposited into their bank accounts if they provide advance written
authorization to AK. Employees will receive an itemized statement of wages when AK makes direct deposits.
Responsibilities of employees include:
• Non-Exempt employees are required to record all time worked accurately on the appropriate
timekeeping record and submit the timekeeping record on time.
• An employee may not record anyone else’s time or allow anyone else to record his/her time.
• Anyone who falsifies his/her timekeeping record, or someone else’s timekeeping record will be subject
to disciplinary action, up to and including termination.
• Non-exempt employees may not work from home or otherwise off premises of the client or AK offices
and outside of normal hours without the express consent from AK management and the client, if
applicable.
• Overtime for non-exempt employees should be pre-approved by the client, if applicable, or AK
management.
Permissible Deductions: Employees’ pay will include deductions for certain items such as your portion of
health, dental or life insurance premiums if applicable; state, federal or local taxes, social security; or, voluntary
contributions to a 401(k) or pension plan, if applicable.
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Exempt employees may be subject to deductions as permitted under the FLSA. For example, absent contrary
state law requirements, exempt employees’ salary can be reduced for the following reasons:
• Full day absences for personal reasons.
• Full day absences for sickness or disability under certain circumstances in accordance with the FLSA.
• Full day disciplinary actions for certain infractions to our written policies.
• Family and Medical Leave absences (either full or partial day absences).
• To offset amounts received as payment for jury and witness fees or military pay.
• The first or last week of employment in the event you work less than a full week.
In any workweek in which an exempt employee performs any work, their salary will not be reduced for any of
the following reasons:
• Partial day absences for personal reasons, sickness or disability.
• Absence on the day before or after a paid holiday or because the facility is closed on a scheduled work
day.
• Absences for jury duty, attendance as a witness, or military leave in any week in which you have
performed any work.
• Any other deductions prohibited by state or federal law.
If a deduction is made from your salary that you do not understand, you are to contact the HR Administrator
to obtain an explanation or correction.
Personnel Data Changes
It is the responsibility of each employee to promptly notify AK of any changes in personnel data. Personal
mailing addresses, telephone numbers, number and names of dependents, individuals to be contacted in the
event of an emergency, educational accomplishments, and other such status reports should be accurate and
current at all times. If any personnel data changes, please notify the HR Administrator as soon as the change
takes place.
In the event someone inquires about your employment, it is Company policy not to release any information
other than the dates of your employment and present or last position held. Pay information is given out on a
current employee only in the event a signed and dated release by the employee is provided to the Company.
Employee Records & Employment Applications
Employee records maintained by AK are the property of the Company. These records shall be kept
confidential. Any medical records will maintained separate from the personnel file and will only be used as
permitted by law.
AK relies upon the accuracy of information contained in the employment application, as well as the accuracy
of other data presented throughout the hiring process and employment. Any misrepresentations, falsification,
or material omissions in any of this information or data may result in the exclusion of the individual from
further consideration for employment or, if the person has been hired, termination of employment.
Attendance and Punctuality
To maintain a safe and productive work environment, AK expects employees to be reliable and to be punctual
in reporting for scheduled work. Absenteeism and tardiness place a burden on other employees and on AK. In
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the rare instances when employees cannot avoid being late to work or are unable to work as scheduled, they
should notify their manager as soon as possible in advance of the anticipated tardiness or absence.
Poor attendance and excessive tardiness are disruptive. Either may lead to disciplinary action, up to and
including termination of employment.
Personal Appearance
Dress, grooming, and personal cleanliness standards contribute to the morale of all employees and affect the
business image AK presents to clients and visitors.
During business hours or when representing AK, you are expected to present a clean, neat, and tasteful
appearance. You should dress and groom yourself according to the requirements of your position and accepted
social standards. This is particularly true if your job involves dealing with clients or visitors in person.
Your manager is responsible for establishing a reasonable dress code appropriate to the job you perform. If
your manager feels your personal appearance is inappropriate, you may be asked to leave the workplace until
you are properly dressed or groomed. Under such circumstances, you may not be compensated for the time
away from work. Consult your manager if you have questions as to what constitutes appropriate appearance.
Without unduly restricting individual tastes, the following personal appearance guidelines should be followed
for all positions:
• Shoes must provide safe, secure footing, and offer protection against hazards.
• Long hairstyles should be worn with hair pulled back off the face and neck if such hairstyle could
present a hazard to the individual or others in the workplace.
• No tattered jeans or shorts.
• Shirts with language or graphics that are vulgar, sexually explicit, or may be otherwise offensive are
not allowed.
• Attire that is revealing or provocative is not allowed.
• Offensive body odor and poor personal hygiene are not professionally acceptable.
• Perfume, cologne, and aftershave lotion should be used moderately or avoided altogether, as some
individuals may be sensitive to strong fragrances.
• Jewelry should not be functionally restrictive, or dangerous to job performance.
• Mustaches and beards are acceptable but must be clean, well-trimmed, and neat.
Resignation
Resignation is a voluntary act initiated by the employee to terminate employment with AK. Although advance
notice is not required, AK requests at least 2 weeks written resignation notice from all employees.
Prior to an employee's departure, an exit interview may be scheduled to discuss the reasons for resignation and
the effect of the resignation on benefits.
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SECTION IV: LEAVE POLICIES
Holiday Leave Policy
The Company will observe the following holidays at AK’s offices and the AK offices will be closed for
business:
New Years Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Thanksgiving (Day after)
Christmas Day
Birthday (This must be used in the month in which your birthday falls or it will be forfeited.)
When one of these holidays falls on a Sunday, the holiday will be observed on the following Monday. When
one of these holidays falls on a Saturday, the holiday will be observed on the previous Friday.
Holiday Pay. Subject to the eligibility rules below, employees receive holiday pay as follows:
Non-Exempt, Regular Full-Time Employees. Non-Exempt, Regular Full-Time Employees will receive
eight (8) hours of holiday pay at his/her normal hourly rate for all of the holidays listed above.
Exempt, Regular Full-Time Employees. Exempt, Regular Full-Time Employees will be paid their normal
salaries as holiday pay if they work during the workweek in which the holiday falls.
Regular, Part -Time Employees. Regular, Part-Time Employees are not eligible for holiday pay.
Temporary Employees. Temporary Employees are not eligible for holiday pay.
Effect of Unpaid Leave. Notwithstanding anything else in this policy, an employee who is on unpaid leave is
not eligible to receive holiday pay.
Paid Time Off (PTO) Policy
Eligibility: All Regular, Full-Time, Employees are eligible for Paid Time Off (PTO). Regular, Part-Time
Employees and Temporary Employees are not eligible for PTO.
Regular, Full-Time Employees will start accruing PTO on their start date; however, they may not use the PTO
until after 90 days of employment. Exceptions require approval of the President/CEO.
Procedure for Request: Employees should be respectful of peers and their team when scheduling time off
during peak vacation times and in other circumstances when business needs require their presence. Employees
should communicate with their team to ensure proper coverage while on leave. As customary, please provide
a minimum of two (2) weeks notice and preferably at least 30 days notice prior to your request for proposed
use of PTO, except in cases of illness or other personal situations. Documentation may be requested for
unplanned PTO days.
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A request should be sent via email to the employee’s manager. A quarterly PTO statement will be sent to the
employee and his/her manager. This should be reviewed for accuracy. In the event of a discrepancy, please
notify the manager immediately. Failure to accurately report PTO may result in deduction from your balance,
and could include disciplinary action, up to and including termination.
Pay for PTO Hours:
Exempt Employees. An exempt employee will receive his/her normal salary and PTO may be taken in
increments of four (4) hours (or half day).
Non-Exempt Employees. A non-exempt employee’s rate of pay for each hour of PTO will be equal to his/her
normal hourly rate and will be taken in one (1) hour increments.
Accrual: PTO accrues monthly based on years of service and renews annually on your anniversary date
according to the schedule below:
0 – 1 Years of Service 6.67 Hours per Month 10 Days per Year
2 – 5 Years of Service 10.00 Hours per Month 15 Days per Year
6+ Years of Service 13.33 Hours per Month 20 days per Year
No Advances. PTO cannot be used before it is accrued.
Roll-over of PTO Hours. To encourage employees to use PTO and maintain a work/life balance, PTO does
not roll-over after the end of the calendar year. If there are circumstances where the employee was unable to
take PTO, the President/CEO, in his sole discretion, may allow either partial or total rollover of the balance or
pay in lieu of the balance.
Pay in Lieu of PTO. Pay in lieu of PTO is allowed for up to 16 hours of the accrued balance upon the end of
the calendar year and any unused accrued PTO in excess of 16 hours will be forfeited at the end of the calendar
year.
Payment for Unused PTO Leave Upon Termination: If an employee’s employment with the Company
terminates for any reason, the employee will receive pay for unused accrued PTO in lieu of taking the unused
accrued PTO. Payment will be made on the next available paycheck, as administratively feasible.
Family & Medical Leave Policy
When Policy is in Effect: This policy will not be in effect unless the Company is a covered employer under
the federal Family and Medical Leave Act (the “FMLA”) as of the date when an employee requests leave
under this policy (“FMLA Leave”). In general, the Company is a covered employer under the FMLA if it has
employed at least 50 employees for each working day during each of 20 or more calendar workweeks in the
current or preceding calendar year.
Compliance with FMLA and Other Family Leave Laws. It is the intent of this policy to comply with the
FMLA and the U.S. Department of Labor’s FMLA regulations. In the case of a conflict with this policy and
the FMLA and the FMLA regulations, the FMLA and the FMLA regulations control. Where applicable state
or local family and medical leave laws offer more protections or benefits to employees, the protections or
benefits provided by such laws will apply. This policy is not to be construed to offer more benefits to
employees than the FMLA and applicable state or local family and medical leave laws require. Additional
information regarding the FMLA is found on the Department of Labor’s FMLA poster. A copy of the poster
is included as an Appendix to this Employee Handbook. The poster can also be found in the areas of the
Company premises where employment law posters are posted.
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Definitions. Most of the defined words and phrases used in this policy are set forth later in this policy, in a
separate section.
Eligible Employees. An employee is eligible to take FMLA Leave and to be restored to the same position or
to an equivalent position upon returning from FMLA Leave if the employee satisfies the following conditions:
(a) The employee has worked for the Company for at least twelve (12) months, measured as of
the date the requested FMLA Leave is to begin;
(b) The employee has worked for the Company for at least one thousand two-hundred fifty (1,250)
hours in the last twelve (12) months, measured as of the date the requested FMLA Leave is to begin;
and
(c) The employee is employed at a Company worksite that has fifty (50) or more employees
within a seventy-five (75) mile radius, measured as of the date FMLA Leave is requested.
(d) Such an employee is referred to in this policy as an “Eligible Employee.”
For purposes of determining whether the employee has worked for the Company for at least twelve (12)
months, employment periods prior to a break in service of at least seven (7) years are not counted, unless an
exception in the FMLA regulations (such as for USERRA-covered service) requires some or all of that prior
employment to be counted.
Notifications to Employees by the Company.
(a) Notification of Eligibility. When an employee files a request for FMLA Leave, the Company
will notify the employee as to whether he/she is an Eligible Employee within five (5) business days of
the date of such request. If the requesting employee is an Eligible Employee, the notice from the
Company will notify him/her of any additional information that the FMLA requires to be provided to
Eligible Employees, including written information regarding his/her rights and responsibilities under
the FMLA. If the employee is not an Eligible Employee, the notice from the Company will notify the
employee of the reason(s) for ineligibility.
(b) Status of Requested Leave. The Company will inform an Eligible Employee as to whether
the requested leave is FMLA Leave and, if so, the amount of FMLA Leave that will be counted against
the FMLA Leave entitlement. If the Company determines that the requested leave is not FMLA Leave,
it will notify the Eligible Employee that the request does not qualify as FMLA Leave.
Entitlement for 12-Week FMLA Leave. An Eligible Employee may take up to 12 weeks of unpaid FMLA
Leave within any 12-month period (as that period is described in section bellow describing Rolling 12-Month
Period) and is entitled to be restored to the same position or to an equivalent position upon returning from
FMLA Leave for any of the following reasons:
(a) Birth. For the birth of the Eligible Employee’s Son or Daughter and in order to care for such
newborn Son or Daughter;
(b) Adoption or Foster Care Placement. For the placement of a Son or Daughter with the
Eligible Employee for adoption or foster care;
(c) Serious Health Condition of Family Member. To care for the Eligible Employee’s Spouse,
Son or Daughter, or Parent with a Serious Health Condition;
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(d) Employee’s Own Serious Health Condition. Because of the Eligible Employee’s own
Serious Health Condition which makes the Eligible Employee Unable to Perform the Functions of the
Job; or
(e) Qualifying Exigency. Because of “any qualifying exigency” arising out of the fact that an
Eligible Employee’s Spouse, Son or Daughter, or Parent is a military member on Covered Active Duty
(or has been notified of an impending call or order to Covered Active Duty). Qualifying exigencies
include short-notice deployment, attending certain military events and related events, certain childcare
and school activities, addressing certain financial and legal arrangements, attending certain counseling
sessions, to spend time with the military member who is on short-term, temporary rest and recuperation
leave while deployed, attending post-deployment reintegration briefings, and certain types of parental
care.
Expiration of Entitlement for Birth, Adoption, or Foster Care Placement. Entitlement to FMLA Leave
because of the reasons set forth as described above (i.e., birth, adoption, or foster care placement) expires
twelve (12) months after the date of birth, adoption, or foster care placement.
Rule for Spouses who are Co-Workers. Spouses employed by the Company who request FMLA Leave
because of the reasons set forth above (i.e., birth, adoption, or foster care placement) or to care for a Parent
due to the Parent’s Serious Health Condition may only take a combined total of 12 weeks of FMLA Leave
during any 12-month period.
Rolling 12-Month Period for 12-Week FMLA Leave. The Company will measure the 12-month period
during which the 12 weeks of FMLA Leave may be taken as a rolling 12-month period measured backward
from the date an Eligible Employee uses any 12-week FMLA Leave under this policy. Each time an Eligible
Employee takes FMLA Leave, the Company will compute the amount of 12-week FMLA Leave the Eligible
Employee has taken under this policy and subtract it from the amount of available 12-week FMLA Leave. The
balance of 12-week FMLA Leave remaining is the amount that the Eligible Employee is entitled to take at that
time.
Entitlement for 26-Week Military Caregiver Leave. An Eligible Employee who is the Spouse, Son or
Daughter, Parent, or Next of Kin of a Covered Servicemember with a Serious Injury or Illness may take up to
twenty-six (26) weeks of FMLA Leave during a single 12-month period (as that period is described below) to
care for the Covered Servicemember. This type of FMLA Leave is referred to in this Policy as “Military
Caregiver Leave.”
12-Month Period for 26-Week Military Caregiver Leave. The 12-month period during which the twenty-
six (26) weeks of Military Caregiver Leave may be taken begins on the first day the Eligible Employee takes
Military Caregiver Leave and ends twelve (12) months after that date.
Maximum Combined FMLA Leave. The maximum combined amount of FMLA Leave (including FMLA
Leave subject to the 12-week limitation) that may be taken during a single 12-month period is twenty-six (26)
weeks.
Notice of Leave to the Company.
(a) Notice for Foreseeable Need (but not Qualifying Exigency). If an Eligible Employee’s need
for FMLA Leave (for reasons other than a qualifying exigency) is foreseeable, the Eligible Employee
must give the Company at least thirty (30) days’ prior written notice.
(b) Notice for Foreseeable Need (Qualifying Exigency). For foreseeable FMLA Leave due to
any qualifying exigency, the Eligible Employee must give the Company notice as soon as practicable,
regardless of how far in advance such FMLA Leave is foreseeable.
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(c) Effect of Failure to Provide Notice. Failure to provide the required notice for foreseeable
FMLA Leave may be grounds for delay of FMLA Leave.
(d) Notice for Unforeseeable Need. Where the need for FMLA Leave is not foreseeable, the
Eligible Employee is expected to notify the Company as soon as practicable after learning of the need
for the FMLA Leave.
(e) FMLA Forms Required. All requests for FMLA Leave must be made on forms approved by
the Company. Employees must contact the HR Administrator to obtain the forms.
(f) Sufficiency of the Notice. As part of the notice, Eligible Employees must provide sufficient
information for the Company to reasonably determine if the requested leave qualifies as FMLA Leave
and as to the anticipated timing and duration of the FMLA Leave. Sufficient information may include
that the Eligible Employee is Unable to Perform the Functions of the Job, the employee is pregnant or
has been hospitalized overnight, a family member is unable to perform daily activities, the need for
hospitalization or Continuing Treatment by a Health Care Provider, or circumstances supporting the
need for Military Caregiver Leave. Employees must also inform the Company if the requested leave
is for a reason for which FMLA Leave was previously taken or certified.
Medical Certification.
(a) When Medical Certification is Required. Subject to the Punctuality and Attendance Policy
in this Employee Handbook, if an Eligible Employee is requesting FMLA Leave because of the
Eligible Employee’s own Serious Health Condition, because of a Serious Health Condition of the
Eligible Employee’s Spouse, Son or Daughter, or Parent, or because of Military Caregiver Leave, the
Eligible Employee and the relevant Health Care Provider must supply appropriate medical
certification.
(b) Notice from the Company of Need for Medical Certification. Within five (5) business days
after a request for FMLA Leave is made by an Eligible Employee, the Company will notify him/her
of (i) the requirement for medical certification and (ii) the date when the certification is due (which
must be at least fifteen (15) days after the Eligible Employee receives the notice of the medical
certification requirement).
(c) Effect of Failure to Provide Medical Certification. An employee’s failure to provide
requested medical certification in a timely manner may result in delay or denial of FMLA Leave or of
a continuation of FMLA Leave until it is provided. It is an employee’s responsibility to ensure that
his/her Health Care Provider accurately, completely, and timely completes and returns to the Company
any medical certification requested by the Company.
(d) Second and Third Opinions. 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 initially provided by the Eligible Employee. 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. If the Company decides not to require a third certification, the Eligible Employee is entitled
to FMLA benefits. Pending receipt of the second or third medical certification, the Eligible Employee
is provisionally entitled to FMLA benefits. Second and third certifications are not available for
Military Caregiver Leave if the original certification came from a Health Care Provider with the
Department of Defense or the Department of Veteran Affairs or through a Health Care Provider
authorized by TRICARE.
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(e) Recertification. For non-Military Caregiver Leave, the Company may require subsequent
medical recertification at the Eligible Employee’s expense, but not more often than the FMLA allows.
(f) Use Company-approved Forms. All medical certifications and re-certifications required by
this policy must be submitted to the Company by the Eligible Employee using the forms approved by
the Company. Employees must contact the HR Administrator Department to obtain the forms.
Certification for FMLA Leave Due to a Qualifying Exigency. An Eligible Employee requesting FMLA
Leave due to a qualifying exigency must provide certification using the form available from the HR
Administrator.
Reporting While on FMLA Leave. If an Eligible Employee takes FMLA Leave because of the Eligible
Employee’s own Serious Health Condition or because of the Serious Health Condition of the Eligible
Employee’s Spouse, Son or Daughter, or Parent, the Eligible Employee must contact the Company as directed
by the Human Resources Department, regarding the status of the condition and the Eligible Employee’s
intention to return to work, unless a different reporting schedule is necessary and reasonable due to the
circumstances of the FMLA Leave.
Need for More or Less FMLA Leave. If the Eligible Employee needs to take more or less FMLA Leave than
previously anticipated, he/she must notify the Company within two (2) business days after learning of the need
for the change in the amount of FMLA Leave.
Paid and Unpaid Leave. Depending on whether other types of leave are taken concurrently during FMLA
Leave, FMLA Leave may be paid or unpaid, as set forth below. However, the use of paid leave during FMLA
Leave does not extend the 12-week (or 26-week, if applicable) FMLA Leave period.
(a) General Rule – Unpaid Leave. FMLA Leave is unpaid, although an Eligible Employee may
be eligible for disability payments and/or workers’ compensation benefits under those insurance plans.
(b) Exception – PTO. If an Eligible Employee is on FMLA Leave, any accrued, unused paid
PTO must be used concurrently with the FMLA Leave.
Medical and Other Benefits. During an approved FMLA Leave, the Company will maintain the Eligible
Employee’s group health plan benefits, as if the Eligible Employee continued to work during the entire FMLA
Leave period.
(a) Payment for Group Health Plan Premiums While on Paid Leave. To the extent that paid
leave is used during FMLA Leave, the Company will deduct the Eligible Employee’s portion of the
group health plan premiums as a regular payroll deduction.
(b) Payment for Group Health Plan Premiums While on Unpaid Leave. To the extent that
paid leave is not used during FMLA Leave, the Company will pay the Eligible Employee’s portion of
the group health plan premiums, and the Eligible Employee must reimburse the Company for the
premiums within 30 days of the time the premiums normally would have been deducted from payroll.
The Company may cancel an Eligible Employee’s coverage under a group health plan if the Eligible
Employee’s reimbursement for premium payment is more than 30 days late, subject to the terms and
conditions of the group health plan.
(c) Reimbursement if No Return to Work. If an Eligible Employee elects not to return to work
at the end of the FMLA Leave period, the Eligible Employee will be required to reimburse the
Company for the cost of the group health insurance premiums paid by the Company for maintaining
coverage during the FMLA Leave, unless the reason the Eligible Employee does not return to work is
one of the following: (i) The continuation, recurrence, or onset of a Serious Health Condition of his/her
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own or of a Spouse, Son or Daughter, or Parent or the Serious Injury or Illness of a Covered
Servicemember that would otherwise entitle the Eligible Employee to FMLA Leave; or (ii) Other
circumstances beyond his/her control. In the event that the failure to return to work is due to a Serious
Health Condition or the Serious Injury or Illness of a Covered Servicemember, the Company may
request medical certification of the Serious Health Condition. The Eligible Employee is required to
provide medical certification to management within thirty (30) days from the date of the Company’s
request. If the requested medical certification is not timely provided or does not establish a Serious
Health Condition or a Serious Injury or Illness of a Covered Servicemember, the Company may
recover 100% of its portion of the group health plan premiums it paid during the period of unpaid
FMLA Leave.
(d) Payment of Premiums for Other Benefits. The Company may elect to maintain an Eligible
Employee’s benefits other than group health plan coverage by paying the Eligible Employee’s share
of premiums during periods of unpaid FMLA Leave. At the conclusion of FMLA Leave, whether or
not the Eligible Employee returns to work, the Company is entitled to recover only the costs incurred
for paying the Eligible Employee’s share of any such premiums.
Exemption for Key Employees. A salaried Eligible Employee who is among the highest paid 10% of
employees at the Eligible Employee’s worksite or within a seventy-five (75) mile radius of that worksite may
not be returned to their former or equivalent position following FMLA Leave if restoration of employment
will cause substantial and grievous economic injury to the Company. The Company will notify an Eligible
Employee if he/she qualifies as a “key employee,” if the Company intends to deny reinstatement, and of the
Eligible Employee’s rights in such instances.
Intermittent and Reduced Schedule Leave. FMLA Leave may be taken intermittently (in separate blocks of
time due to a single condition) or on a reduced leave schedule (reducing the usual number of hours worked per
workweek or workday), as follows:
(a) By Agreement. When FMLA Leave is taken because of the birth of a Son or Daughter or
placement of a Son or Daughter for adoption or foster care, an Eligible Employee may take FMLA
Leave intermittently or on a reduced leave schedule only if the Company agrees.
(b) Mandatory if Requested by Employee. Military Caregiver Leave and FMLA Leave because
of a Serious Health Condition or a qualifying exigency 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 worked per workweek or workday) in the following circumstances: (i) When medically
necessary for planned and/or unanticipated medical treatment of a Serious Health Condition or a
Serious Injury or Illness of a Covered Servicemember; (ii) When medically necessary for recovery
from treatment or recovery from a Serious Health Condition or Serious Injury or Illness of a Covered
Servicemember; or (iii) To provide care or psychological comfort to a Spouse, Son or Daughter, or
Parent with a Serious Health Condition or to a Covered Servicemember with a Serious Injury or
Illness.
(c) Reduction of Salary for Exempt Employees. If unpaid intermittent or reduced schedule
FMLA is taken by an exempt employee, the Company is entitled to reduce the Eligible Employee’s
salary based on the amount of time actually worked.
(d) Alternative Position. During intermittent or reduced schedule FMLA Leave, the Company
may temporarily transfer an Eligible Employee from his/her normal position to an alternative position
for which he/she is qualified. However, as compared to the normal position, the alternative position
must better accommodate the recurring FMLA Leave and have equivalent pay and benefits.
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(e) Usage. When intermittent or reduced schedule FMLA Leave is used, the Company will not
require an Eligible Employee to take more FMLA Leave than necessary to address the circumstances
that precipitated the need for the leave, nor will the Company count any time actually worked by an
Eligible Employee against his/her FMLA Leave allotment.
Fitness-for-Duty Certification Required. Before an Eligible Employee on FMLA Leave because of his/her
own Serious Health Condition may return to work, a fitness-for-duty certification from his/her Health Care
Provider is required. The Company does not require that such certification be made on a particular form.
However, the certification must be in writing and must certify that the employee is able to resume work.
Additionally, the Company may require that the certification specifically address the Eligible Employee’s
ability to perform the essential functions of his/her job.
Definitions. In addition to the words and phrases defined earlier in the policy, where the following words and
phrases appear in the Policy, they shall have the respective meanings as set forth in this Section, unless the
context clearly indicates otherwise. Where the defined meaning is intended, the term is capitalized. These
definitions come from the Department of Labor’s FMLA regulations. In the event that the definitions in those
regulations are amended, these definitions shall automatically be amended.
(a) “Chronic Serious Health Condition” means a Serious Health Condition which (i) requires
periodic visits (at least twice a year) for treatment by a Health Care Provider, or by a nurse under direct
supervision of a Health Care Provider; (ii) continues over an extended period of time (including
recurring episodes of a single underlying condition); and (iii) may cause episodic rather than a
continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
(b) “Continuing Treatment by a Health Care Provider” means any one or more of the
following: (i) a period of incapacity of more than three (3) consecutive full calendar days, and any
subsequent treatment or period of incapacity relating to the same condition that also involves (a)
treatment two (2) or more times, within thirty (30) days of the first day of incapacity (unless
extenuating circumstances exist) by a Health Care Provider, a nurse under direct supervision of a
Health Care Provider, or a provider of health care services (e.g., physical therapist) under orders of,
or on referral by, a Health Care Provider or (b) treatment by a Health Care Provider on at least one
occasion that results in a regimen of continuing treatment under the supervision of the Health Care
Provider; (ii) any period of incapacity due to pregnancy or for prenatal care; (iii) any period of
incapacity or treatment for such incapacity due to a Chronic Serious Health Condition; (iv) a period
of incapacity which is permanent or long-term due to a condition for which treatment may not be
effective and for which the Eligible Employee or family member must be under the continuing
supervision of, but need not be receiving active treatment by, a Health Care Provider (e.g.,
Alzheimer’s, a severe stroke, or the terminal stages of a disease); or (iv) any period of absence to
receive multiple treatments (including any period of recovery therefrom) by a Health Care Provider or
by a provider of health care services under orders of, or on referral by, a Health Care Provider, either
for restorative surgery after an accident or other injury, or for a condition that would likely result in a
period of incapacity of more than three (3) consecutive full calendar days in the absence of medical
intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical
therapy), or kidney disease (dialysis).
(c) “Covered Active Duty or Call to Covered Active Duty Status” means (i) in the case of a
member of the Regular Armed Forces, duty during the deployment of the member with the Armed
Forces to a foreign country and (ii) in the case of a member of the Reserve Components of the Armed
Forces, duty during the deployment of the member with the Armed Forces to a foreign country under
a Federal call or order to active duty in support of a contingency operation pursuant to: Section 688 of
Title 10 of the United States Code, which authorizes ordering to active duty retired members of the
Regular Armed Forces and members of the retired Reserve who retired after completing at least 20
years of active service; Section 12301(a) of Title 10 of the United States Code, which authorizes
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ordering all reserve component members to active duty in the case of war or national emergency;
Section 12302 of Title 10 of the United States Code, which authorizes ordering any unit or unassigned
member of the Ready Reserve to active duty; Section 12304 of Title 10 of the United States Code,
which authorizes ordering any unit or unassigned member of the Selected Reserve and certain
members of the Individual Ready Reserve to active duty; Section 12305 of Title 10 of the United
States Code, which authorizes the suspension of promotion, retirement or separation rules for certain
Reserve Components of the Armed Forces; Section 12406 of Title 10 of the United States Code, which
authorizes calling the National Guard into Federal service in certain circumstances; chapter 15 of Title
10 of the United States Code, which authorizes calling the National Guard and state military into
Federal service in the case of insurrections and national emergencies; or any other provision of law
during a war or during a national emergency declared by the President or Congress so long as it is in
support of a contingency operation.
(d) “Covered Servicemember” means (i) a member of the Armed Forces (including a member
of the National Guard or Reserves) who is undergoing medical treatment, recuperation, or therapy, is
otherwise in Outpatient Status, or is otherwise on the temporary disability retired list, for a Serious
Injury or Illness or (ii) a Covered Veteran who is undergoing medical treatment, recuperation, or
therapy for a Serious Injury or Illness.
(e) “Covered Veteran” means a person who was a member of the Armed Forces (including a
member of the National Guard or Reserves) and was discharged or released under conditions other
than dishonorable at any time during the five-year period prior to the first date the Eligible Employee
takes FMLA Leave to care for the Covered Veteran.
(f) “Health Care Provider” means one of the following: (i) a doctor of medicine or osteopathy
who is authorized to practice medicine or surgery by the state in which the doctor practices; (ii) a
podiatrist, dentist, clinical psychologist, optometrist, or chiropractor (limited to treatment consisting
of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist) who
is authorized to practice in the state and performing within the scope of their practice as defined under
state law; (iii) a nurse practitioner, nurse-midwife, clinical social worker, or physician assistant who
is authorized to practice under state law and who is performing within the scope of their practice as
defined under state law; (iv) a Christian Science practitioner listed with the First Church of Christ,
Scientist in Boston, Massachusetts; (v) a health care provider from whom the Company or its group
health plan’s benefits manager will accept certification of the existence of a Serious Health Condition
to substantiate a claim for benefits; or (vi) a Health Care Provider as defined above in (i) through (v)
who practices in a country other than the United States and is licensed to practice in accordance with
the laws and regulations of that country.
(g) “Next of Kin” means, with respect to a Covered Servicemember, the nearest blood relative
of that individual, other than the Covered Servicemember’s Spouse, Parent, Son, or Daughter, in the
order of priority established by the FMLA regulations.
(h) “Outpatient Status” means, with respect to a Covered Servicemember who is a current
member of the Armed Forces, the status of a member of the Armed Forces assigned to a military
medical treatment facility as an outpatient or to a unit established for the purpose of providing
command and control of members of the Armed Forces receiving medical care as outpatients.
(i) “Parent” means the biological, adoptive, step, or foster father or mother of an Eligible
Employee or any other individual who stands or stood in loco parentis to an Eligible Employee when
the Eligible Employee was a Son or Daughter.
(j) “Reserve Components of the Armed Forces” includes, for purposes of qualifying exigency
leave, the Army National Guard of the United States, Army Reserve, Navy Reserve, Marine Corps
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Reserve, Air National Guard of the United States, Air Force Reserve, and Coast Guard Reserve, and
retired members of the Regular Armed Forces or Reserves who are called up in support of a
contingency operation.
(k) “Serious Health Condition” means an illness, injury, impairment, or physical or mental
condition that involves: (i) any incapacity or treatment in connection with inpatient care or (ii)
Continuing Treatment by a Health Care Provider.
(l) “Serious Injury or Illness” means: (i) In the case of a current member of the Armed Forces,
including a member of the National Guard or Reserves, an injury or illness that was incurred by the
Covered Servicemember in the line of duty on active duty in the Armed Forces or that existed before
the beginning of the member’s active duty and was aggravated by service in the line of duty on active
duty in the Armed Forces and that may render the Servicemember medically unfit to perform the duties
of the member’s office, grade, rank, or rating; and (ii) In the case of a Covered Veteran, an injury or
illness that was incurred by the member in the line of duty on active duty in the Armed Forces (or
existed before the beginning of the member’s active duty and was aggravated by service in the line of
duty on active duty in the Armed Forces) and manifested itself before or after the member became a
veteran, and is: (a) A continuation of a Serious Injury or Illness that was incurred or aggravated when
the Covered Veteran was a member of the Armed Forces and rendered the Servicemember unable to
perform the duties of the Servicemember’s office, grade, rank, or rating; or (b) A physical or mental
condition for which the Covered Veteran has received a U.S. Department of Veterans Affairs Service-
Related Disability Rating (VASRD) of 50 percent or greater, and such VASRD rating is based, in
whole or in part, on the condition precipitating the need for Military Caregiver Leave; or (c) A physical
or mental condition that substantially impairs the Covered Veteran’s ability to secure or follow a
substantially gainful occupation by reason of a disability or disabilities related to military service, or
would do so absent treatment; or (d) An injury, including a psychological injury, on the basis of which
the Covered Veteran has been enrolled in the Department of Veterans Affairs Program of
Comprehensive Assistance for Family Caregivers.
(m) “Son or Daughter” means the biological, adopted, or foster child, stepchild, legal ward, or a
child of a person standing in loco parentis, who is either under age 18 or is age 18 or older but incapable
of self-care because of a mental or physical disability at the time that FMLA Leave is to commence.
However, for purposes of determining whether a person is a Son or Daughter of a Covered
Servicemember or is a Covered Servicemember, the age of the person is irrelevant.
(n) “Spouse” means a husband or wife as defined or recognized under state law for purposes of
marriage in the state where the Eligible Employee resides, including common law marriage in states
where it is recognized.
(o) “Unable to Perform the Functions of the Job” means an Eligible Employee is: (i) unable to
work at all; or (ii) unable to perform any of the essential functions of his/her position. The term
“essential functions” is borrowed from the Americans with Disabilities Act to mean “the fundamental
job duties of the employment position” and does not include the marginal functions of the position.
Jury Duty & Court Appearances Policy
Purpose. The Company desires that its employees fulfill their civic duties when called for mandatory jury
duty and mandatory court appearances as a witness. In order to assist employees in maintaining uninterrupted
income, the Company has developed this Jury Duty & Court Appearances Policy.
Notification of the Company. It is an employee’s responsibility to notify the employee’s supervisor as soon
that he/she is summoned for mandatory jury duty or is required by court order or subpoena to appear as a
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witness in a court proceeding by providing a copy of the jury summons, court order, or subpoena to the
employee’s supervisor.
Time Off. The Company shall grant every employee time off for mandatory jury duty and mandatory court
appearances as a witness. However, this policy does not provide any time off for court appearances as a party
to civil or criminal litigation or for any non-mandatory court appearances. If an employee is required to serve
jury duty beyond the period of paid jury duty leave, he/she may use any available paid time off or may request
an unpaid jury duty leave of absence.
Compensation Supplement. The Company shall pay any Regular, Full-Time Employees their normal
wages for each day of time off for mandatory jury duty (the “Compensation Supplement”), up to a total of
(5) five days per calendar year. Jury duty pay will be calculated based on the employee’s base rate times the
number of hours the employee would otherwise have worked on the day of absence. However, an employee
shall not receive any Compensation Supplement unless he/she first submits appropriate documentation to the
Company as to the amount of mandatory jury duty. In accordance with FLSA regulations, exempt employees
will be paid for a full work week for any week in which the employee works in addition to jury duty.
Reporting for Work. It is the employee’s responsibility to keep his/her supervisor informed about the amount
of time required for jury duty or court appearances as a witness and to notify his/her supervisor if court
obligations conclude before the end of the workday. If court obligations conclude before the end of a workday,
an employee’s supervisor may require the employee to report to work for the remainder of the workday.
Requests to be Excused from Jury Duty. Upon the request of the Company, an employee must ask the
court to be excused from jury duty or to serve at a more convenient time for the Company. Such a request will
only be made only if it appears that the employee’s absence from work would materially disrupt the Company’s
business activities.
Discipline. The Company will not terminate, threaten to terminate, intimidate, or coerce any employee by
reason of such employee’s mandatory jury duty or mandatory court appearances as a witness, or the attendance
or scheduled attendance in court in connection with such duty. However, an employee’s violation of this policy
may subject the employee to discipline, up to and including termination of employment.
Military Leave Policy
Purpose. This Military Leave Policy is established to explain some of the rights and obligations of the
Company and its employees under the Uniformed Services Employment and Reemployment Rights Act of
1994 (“USERRA”).
NOTE: USERRA is a complicated law with many different rules. This policy is intended to agree in every
aspect with USERRA and its regulations. However, this policy does not attempt to explain every rule, and
some of the rules in this policy have been simplified, with important details left out. If this policy and USERRA
conflict, USERRA controls.
Definitions. Where the following words and phrases appear in this policy, they shall have the respective
meanings as set forth below, unless the context clearly indicates otherwise. Where the defined meaning is
intended, the term is capitalized.
(a) “Uniformed Services” means the following: the Armed Forces; the Army National Guard
and the Air National Guard when engaged in active duty for training; full-time National Guard duty;
the Commissioned corps of the Public Health Services; any category of persons designated by the
President of the United States in time of war or national emergency; and an intermittent disaster
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response appointee of the National Disaster Medical System when federally activated or attending
authorized training support of their Federal mission.
(b) “Service in the Uniformed Services” means the performance of duty on a voluntary or
involuntary basis in a uniformed service under competent authority, and includes the following: active
duty; active and inactive duty for training; National Guard duty under Federal statute; absence from
employment for an examination to determine the fitness of the person to perform duty in the
Uniformed Services; absence from employment to perform funeral honors duty as authorized by law
(10 U.S.C. 12503 or 32 U.S.C. 115); and absence from employment to serve as an intermittent disaster-
response appointee upon activation of the National Disaster Medical System (“NDMS”) or as a
participant in an authorized training program for the NDMS.
Protection from Discrimination. USERRA provides protection from discrimination.
(a) General Rule. The Company does not deny initial employment, reemployment, retention in
employment, promotion, or any benefit of employment to any person on the basis of his/her
membership, application for membership, performance of Service, application for Service, or
obligation for Service in the Uniformed Services.
(b) Retaliation Prohibited. The Company does not retaliate by taking any adverse employment
action against anyone who has taken an action to enforce a protection afforded under USERRA, made
a statement in or in connection with a USERRA proceeding, assisted, or participated in a USERRA
investigation, or exercised a USERRA right.
(c) Reporting Requirement. A violation of paragraph (a) or (b) above can also a violation of the
Policy Prohibiting Harassment, Discrimination, & Retaliation in this Employee Handbook. Therefore,
any employee who perceives that he/she or another person is being discriminated against in violation
of paragraph (a) or being retaliated against in violation of paragraph (b) is required to make a report
pursuant to the Complaint Procedure set forth in the Prohibition of Harassment, Discrimination, &
Retaliation Policy.
General Rights. Except as provided elsewhere in this policy, USERRA establishes the following general
rights:
(a) Right to Continuing Health Plan Coverage. The Company will allow an employee in
Service in the Uniformed Services to continue employment-based health plan coverage for the
employee and his/her dependents for a limited time.
(b) Right to Reemployment. The Company will reemploy a person serving in the Uniformed
Services upon the completion of that person’s Service in the Uniformed Services.
(c) Right to Lost Benefits. If the Company rehires a person pursuant to this policy, it will also
restore rights and benefits that were lost due to the Service in the Uniformed Services.
Notice of Uniformed Service. Employees must provide advance notice of Service in the Uniformed Services
to the Company. Such notice may be either written or oral. It may be provided by the employee or by an
appropriate officer of the branch of the Uniformed Services in which the employee will be serving.
Length of Absence. The cumulative length of absence of an employee to serve in the Uniformed Services
may not exceed five (5) years, except as otherwise provided in USERRA.
Reporting to Work / Applying for Reemployment. A person returning from Service in the Uniformed
Services must do the following in order to exercise his/her reemployment rights under USERRA:
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(a) Absence of 30 days or less. If the absence from work was from 1 to 30 days, the person must
report to the Company by the beginning of the first regularly scheduled workday that would fall eight
hours after the person returns home from Service in the Uniformed Services.
(b) Absence of 31 to 180 days. If the absence from work was from 31 to 180 days, the person
must apply for reemployment no later than 14 days following completion of Service in the Uniformed
Services.
(c) Absence of greater than 180 days. If the absence from work was greater than 180 days, the
person must apply for reemployment no later than 90 days following completion of Service in the
Uniformed Services.
Reemployment Position. The reemployment position will be determined according to the provisions of
USERRA.
Required Documentation. The Company may request that a person who is absent for a period of Service in
the Uniformed Services of 31 days or more document the period of military service to show the following:
(a) That the application for reemployment was timely;
(b) That the person has not exceeded the five-year limitation; and
(c) That the person’s character of service was honorable.
Where a person is absent for 91 days or more, the Company may delay making retroactive pension
contributions until the person submits satisfactory documentation.
Mandatory Retention Period. If the period of Service in the Uniformed Services was more than 180 days,
the Company will not discharge the employee within one year of reemployment, except for cause. If the period
of Service was less than 181 days but more than 30 days, the Company will not discharge the employee within
180 days of reemployment, except for cause. For employees with less than 31 days of Service, a mandatory
retention period does not apply.
Exceptions to Reemployment Requirement. The Company is not required to reemploy a returning employee
under the following circumstances:
(a) Impossible or Unreasonable. The employer’s circumstances have so changed as to make
reemployment impossible or unreasonable;
(b) Undue Hardship. Assisting the employee in becoming qualified for reemployment would
cause undue hardship for the employer; or
(c) Short-Term Job. The employment position was for a brief, non-recurrent period and there
was no reasonable expectation that such employment will continue indefinitely or for a significant
period.
Right to Continuing Health Plan Coverage. If an employee providing Service in the Uniformed Services
had Company-provided Health Plan coverage prior to such Service, the plan permits the employee to continue
the coverage during the period of Service.
(a) “Health Plan”. The definition of “health plan” is very broad and covers almost any employer
arrangement that provides for or pays the expenses of an employee’s health services.
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(b) Election by Employee. An employee must elect to continue his/her Health Plan coverage.
However, retroactive reinstatement of coverage is required under certain circumstances.
(c) Time Limit. The maximum period of continued coverage is the lesser of 24 months or the
period of the employee’s Service in the Uniformed Services.
(d) Payment for Coverage. The Company can require the employee to pay no more than the
employee’s share if the Service period is less than 31 days but can require the employee to pay up to
102% of the full premium for longer periods of Service in the Uniformed Services.
(e) New coverage. USERRA does not require the Company to institute health plan coverage
simply because an employee is providing Service in the Uniformed Services.
Bereavement Leave Policy Purpose. The Company understands its employees’ needs for time off when a loved one dies. In order to assist
employees in maintaining uninterrupted income during these absences from work, the Company has developed
this Bereavement Leave Policy.
Amount of Bereavement Leave. All Regular, Full-Time Employees shall receive three (3) consecutive days
off work, at the normal rate of pay, in the event of the death of an Immediate Family Member. “Immediate
Family Member” means the employee’s spouse, parent, or child, sibling, or grandparent, whether by blood,
marriage, or adoption (including mother-in-law, father-in-law, brother-in-law, and sister-in-law).
Additional Leave. An employee who is otherwise eligible for paid leave under other Company policies may
request leave under such policies in addition to leave under this policy. At the Company’s discretion, an
employee may be allowed additional paid or unpaid bereavement leave in the event of the death of an
Immediate Family Member, a co-worker, or someone else.
Notification to the Company. An employee must notify his/her supervisor as soon as possible of the need for
bereavement leave and of the anticipated length of absence. At the Company’s discretion, an employee may
be required to provide evidence of the need for bereavement leave.
Natural Disaster/Other Office Closures
Emergencies, such as severe weather, fires, power failures or earthquakes, or for other reasons, can disrupt
Company operations. In some cases, these circumstances may require the closing of the Company’s operations
or those of the Company’s clients. If the Company’s operations or those of the Company’s clients are closed
due to an emergency, non-exempt employees will not be paid for the time when the location where they work
or are assigned is closed. If the Company’s location or those of its clients are open, employees should use
their own judgment for personal safety and may use available PTO (if applicable) or an unpaid, excused
absence. Exempt employees should contact the President/CEO regarding when payment will be made when
the Company is closed.
SECTION V: INFORMATION TECHNOLOGY POLICIES
Computer Equipment and Email Usage
Computers, computer files, the email system, software and any other mobile device including smart phones or
tablets furnished to employees are AK property intended for business use. Employees should not use a
password, access a file, or retrieve any stored communication without authorization. To ensure compliance
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with this policy, computer, Internet, and email usage may be monitored, with or without notice to employees.
Employees have no right of privacy or expectation of a right to privacy in any of these systems or equipment.
AK strives to maintain a workplace free of harassment and sensitive to the diversity of its employees.
Therefore, AK prohibits the use of computers and the email system in ways that are disruptive, offensive to
others, or harmful to morale.
For example, the display or transmission of sexually explicit images, messages, and cartoons is not allowed.
Other such misuse includes, but is not limited to, ethnic slurs, racial comments, inappropriate jokes, or anything
that may be construed as harassment or showing disrespect for others.
Email may not be used to solicit others for commercial ventures, religious or political causes, outside
organizations, or other non-business matters.
AK purchases and licenses the use of various computer software for business purposes and does not own the
copyright to this software or its related documentation. Unless authorized by the software developer, AK does
not have the right to reproduce such software for use on more than one computer.
Employees may only use software on local area networks or on multiple machines according to the software
license agreement. AK prohibits the illegal duplication of software and its related documentation.
Internet Usage
Internet access to global electronic information resources is provided by AK to assist employees in obtaining
work-related data and technology. The following guidelines have been established to help ensure responsible
and productive Internet usage. While Internet usage is intended for job-related activities, incidental and
occasional brief personal use is permitted within reasonable limits.
All Internet data that is composed, transmitted, or received via our computer communications systems and is
considered to be part of the official records of AK and, as such, is subject to disclosure to law enforcement or
other third parties. Consequently, employees should always ensure that the business information contained in
Internet email messages and other transmissions is accurate, appropriate, ethical, and lawful.
The equipment, services, and technology provided to access the Internet remain AK property at all times the
property of AK. As such, AK reserves the right to monitor Internet traffic, and retrieve and read any data
composed, sent, or received through our online connections and stored in our computer systems. Data that is
composed, transmitted, accessed, or received via the Internet must not contain content that could be considered
discriminatory, offensive, obscene, threatening, harassing, intimidating, or disruptive to any employee or other
person. Examples of unacceptable content may include, but are not limited to, sexual comments or images,
racial slurs, gender-specific comments, or any other comments or images that could reasonably offend
someone on the basis of race, age, sex, religious or political beliefs, national origin, disability, or any other
characteristic protected by applicable law.
The unauthorized use, installation, copying, or distribution of copyrighted, trademarked, or patented material
on the Internet is expressly prohibited. As a general rule, if an employee did not create material, does not own
the rights to it, or has not obtained authorization for its use, it should not be put on the Internet. Employees are
also responsible for ensuring that the person sending any material over the Internet has the appropriate
distribution rights.
To ensure a virus-free environment, no files may be downloaded from the Internet without prior authorization.
Abuse of the Internet access provided by AK in violation of law or AK policies will result in disciplinary
action, up to and including termination of employment. Employees may also be held personally liable for any
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violations of this policy. The following behaviors are examples of previously stated or additional actions and
activities that are prohibited and can result in disciplinary action, up to and including termination:
• Sending or posting discriminatory, harassing, or threatening messages or images
• Using the organization's time and resources for personal gain
• Stealing, using, or disclosing someone else's code or password without authorization
• Copying, pirating, or downloading software and electronic files without permission
• Sending or posting confidential material, trade secrets, or proprietary information outside of the
organization
• Violating copyright law
• Failing to observe licensing agreements
• Engaging in unauthorized transactions that may incur a cost to the organization or initiate unwanted
Internet services and transmissions
• Sending or posting false messages or material that could damage the organization's image or reputation
• Participating in the viewing or exchange of pornography or obscene materials
• Sending or posting messages that defame or slander other individuals
• Attempting to break into the computer system of another organization or person
• Refusing to cooperate with a security investigation
• Sending or posting chain letters, solicitations, or advertisements not related to business purposes or
activities
• Using the Internet for political causes or activities, religious activities, or any sort of gambling
• Jeopardizing the security of the organization's electronic communications systems
• Sending or posting messages that disparage another organization's products or services
• Passing off personal views as representing those of the organization
• Sending anonymous email messages
• Engaging in any other illegal activities
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APPENDIX A
- FMLA Poster
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APPENDIX B
Drug And Alcohol Abuse Prevention And Testing Policy 1. INTRODUCTION
1.1 Purpose and Goal of the Policy. Jacobi, LLC dba AcctKnowledge (hereafter referred to as the
“Company”) recognizes that the widespread use of illegal drugs and abuse of alcohol in today's society poses
a very serious problem. Not only can the use and abuse of these substances jeopardize the health, safety and
well-being of the individual user and all our employees, it can also endanger the safety of the general public,
cause accidents and injuries, adversely affect productivity and morale and contribute to excessive absenteeism
and tardiness. Accordingly, the Company has adopted this Drug and Alcohol Abuse Prevention and Testing
Policy (“Policy”). All employees of the Company are subject to this Policy. Applicants for certain job
positions are subject to Pre-Employment Testing under this Policy.
The Company hopes that every employee will welcome this Policy and is confident that the Company’s
employees will help contribute to the solution of this difficult health and social problem. THE COMPANY’S
GOAL IS TO MAINTAIN A DRUG AND ALCOHOL ABUSE-FREE WORKPLACE FOR ALL
EMPLOYEES.
1.2 Compliance with Applicable Laws. The Company intends to comply fully with the Oklahoma
Standards for Workplace Drug and Alcohol Testing Act (the “Oklahoma Act”). In the event any of the
applicable Oklahoma laws are amended, the rules and procedures of this Policy shall be deemed to have been
amended automatically at that time in order to reflect and be consistent with the governing laws. The Company
further understands and acknowledges that it has operations in states other than Oklahoma. This Policy shall
apply to all applicants and employees, regardless of their work location. If the provisions of this Policy,
including but not limited to, the provisions in the Medical and Recreational Marijuana section of this Policy,
conflict with applicable state law, this policy shall be interpreted in accordance with the applicable state law.
2. PROHIBITED DRUG AND ALCOHOL USE AND ACTIVITIES
2.1 Illegal Drugs. Employees and applicants are prohibited from being under the influence of, being
impaired by, possessing (whether on their persons or among their belongings), using, transferring, soliciting,
selling or attempting to transfer, solicit or sell any form of illegal drug while on the job, on the Company’s
premises, or on the premises of a client of the Company, or during the hiring process.
For purposes of this Policy, an "illegal drug" is any drug that is illegal under federal or applicable state law:
(a) which is not legally obtainable; (b) which may be legally obtainable but has not been legally obtained by
the employee or applicant; or (c) which is being used in a manner or for a purpose other than as prescribed for
the employee or applicant; provided, however, for purposes of this Policy, marijuana is considered an illegal
drug even if the applicant or employee has a valid medical marijuana license and/or the state where the
applicant or employee works has passed a state law that allows recreational use of marijuana.
2.2 Alcohol. Employees are prohibited from the illegal possession of alcohol (such as having open
containers in Company owned vehicles or Company rental vehicles). Employees are also prohibited from
being under the influence of, possessing, or consuming alcohol while on the job, on the Company’s premises,
or on the premises of a client of the Company, unless expressly authorized by a member of management of the
Company at a level of Vice President or above.
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2.3 Prescription and Over-the-Counter Drugs. Employees are prohibited from abusing prescription
medications or over-the-counter drugs while on job, on the Company’s premises, or on the premises of a client
of the Company. Use of prescription medications on the Company’s premises, or the premises of a client of
the Company, requires that the prescription must be in the employee’s name and unexpired. Abuse of
prescription medication or over-the-counter drugs means taking medications that were prescribed for someone
else, or using prescription medications or over-the-counter drugs for a purpose other than for which they were
prescribed or manufactured or in any way other than in accordance with the doctor's instructions or
recommended dosages. Medical marijuana is not considered a “prescription medication” under this Policy,
even if the applicant or employee has a valid medical marijuana license under applicable state law, and
therefore, the possession and use of medical marijuana while on the job, on the Company’s premises, or on the
premises of a client of the Company is prohibited.
Employees are expected to consult with their physician or pharmacist regarding the effect of medications
prescribed for them and to consult a pharmacist and any package warnings for over-the-counter drugs. When
an employee is taking a prescription medication or over-the-counter drug that can or will have an effect on the
employee's normal mental and/or physical state or interfere with work such as operating vehicles, machinery
or equipment, the employee should inform his or her immediate supervisor so that the need for and feasibility
of a reasonable accommodation may be considered to allow the employee to continue job performance without
endangering his or her health and safety or the health and safety of others.
2.4 Use, Being Impaired By, or Under the Influence. The use, being impaired by, or under the influence
of alcohol, an illegal drug or a prescription or over-the-counter drug may be determined by a positive test result
and/or subjective or objective factors.
2.5 Notice to the Company of Driving Violations and Restrictions. Employees who drive a motor vehicle
to any extent in connection with their job duties must: (a) notify their supervisor immediately if they are
charged with driving while intoxicated or under the influence of drugs or alcohol, on or off the job; and (b)
notify their supervisor before the end of the business day following the day such information is received if
their license, permit or privilege to operate a motor vehicle has been restricted, revoked, suspended, or
withdrawn. The Company must assess each such situation to determine what actions should be taken with
respect to each employee and his or her job duties to ensure the safety of all its employees and the public.
Therefore, failure to report restrictions as indicated above may result in disciplinary action, up to and including
immediate termination from employment.
2.6 Notice to the Company of Drug-Related Convictions. Employees who are convicted of or plead guilty
or no contest to a criminal offense committed while on the job, on the Company’s premises, or the premises
of a client of the Company, which involves the manufacture, use, possession, sale or transfer of prohibited
substances, or the illegal transfer of prescription drugs, shall report that information to their immediate
supervisor within five days of entry of judgment against them. The Company must be made aware of this
information in order for the Company to comply with the federal Drug-Free Workplace Act. Therefore, failure
to report such information may result in disciplinary action, up to and including immediate termination from
employment.
3. MEDICAL AND RECREATIONAL MARIJUANA
3.1 State Laws. Under Oklahoma law, an individual may be issued a medical marijuana license by the
Oklahoma Medical Marijuana Authority (“OMMA”). Other states where the Company operates may have
passed medical and/or recreational marijuana laws, as well. However, such state laws do not modify the
provisions of this Policy unless such state law is in direct conflict with a provision of this Policy.
3.2 Oklahoma Laws. To be a medical marijuana license holder under Oklahoma law, an individual must
be a resident of Oklahoma and have a valid medical marijuana license issued by the OMMA or be a non-
resident of Oklahoma with a valid medical marijuana license issued on a temporary basis by the OMMA. A
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holder of a medical marijuana license issued by a state other than Oklahoma is not a valid medical marijuana
license holder in Oklahoma. The OMMA maintains a website and telephone verification system for employers
to validate the authenticity of a medical marijuana license. A medical marijuana license issued by the OMMA
is only valid in the State of Oklahoma, except that such license is not valid on any tribal trust or tribal restricted
land or federal lands in Oklahoma.
3.3 Prohibitions. The prohibitions listed in Section 2 above apply even if the individual is a holder of a
medical marijuana license issued by the OMMA or another applicable state agency or if the individual works
in a state where recreational use of marijuana is allowed under applicable state law.
3.4 Employment Actions Based on a Valid Medical Marijuana License. The Company will not refuse to
hire, discipline, terminate employment or otherwise penalize an applicant or employee solely on the basis of
such applicant’s or employee’s status as a valid medical marijuana license holder unless otherwise required by
federal law or required to obtain federal funding.
3.5 Employment Actions Based on a Positive Test. The Company will not refuse to hire, discipline,
terminate employment or otherwise penalize an applicant or employee solely on the basis of a positive test for
marijuana, its components or metabolites unless one of the exceptions below apply. In such a case, the
Company may refuse to hire, may discipline, may terminate employment, or may otherwise penalize the
applicant or employee solely on the basis of a positive test for marijuana, its components or metabolites. The
exceptions are:
(a) The applicant or employee is not in possession of a valid medical marijuana license.
(b) The applicant or employee possesses, consumes, is impaired by or is under the influence of,
medical marijuana or medical marijuana product while on the job, on the Company’s premises, or on
the premises of a client of the Company, or during the hiring process.
(c) The applicant is applying for or the employee holds a position that is subject to U.S.
Department of Transportation (DOT) drug and alcohol regulations and testing requirements because
it is unacceptable under the DOT regulations for any safety-sensitive employee subject to drug testing
under the DOT’s drug testing regulations to use marijuana.
(d) The applicant is applying for or the employee holds a position involving safety-sensitive job
duties. “Safety-sensitive job duties” means any job that includes tasks or duties that the Company
reasonably believes could affect the safety and health of the employee performing the task or others,
including, but not limited to, any of the following: (i) the handling, packaging, processing, storage,
disposal or transport of hazardous materials; (ii) the operation of a motor vehicle, other vehicle,
equipment, machinery or power tools; (iii) repairing, maintaining or monitoring the performance or
operation of any equipment, machinery or manufacturing process, the malfunction or disruption of
which could result in injury or property damage; (iv) performing firefighting duties; (v) the operation,
maintenance or oversight of critical services and infrastructure including, but not limited to, electric,
gas, and water utilities, power generation or distribution; (vi) the extraction, compression, processing,
manufacturing, handling, packaging, storage, disposal, treatment or transport of potentially volatile,
flammable, combustible materials, elements, chemicals or any other highly regulated component; (vii)
dispensing pharmaceuticals; (viii) carrying a firearm; or (ix) direct patient care or direct childcare.
(e) If required by federal law or required to obtain federal funding.
4. DRUG AND ALCOHOL TESTS
4.1 Reasons for Testing. The circumstances under which the Company may request or require an applicant
or employee to submit to drug and/or alcohol testing are listed below.
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(a) Pre-Employment Testing. Applicants for certain job positions will be required to submit to
drug testing upon receiving a conditional offer of employment. Applicants will be notified upon
receiving a conditional offer of employment if the job position requires a drug test.
(b) For-Cause Testing. The Company may request or require an employee to undergo drug and/or
alcohol testing at any time it reasonably believes that the employee may be impaired by or under the
influence of drugs and/or alcohol, including, but not limited to, the following circumstances: (i) drugs
or alcohol on or about the employee’s person or in the employee’s vicinity; (ii) conduct on the
employee’s part that suggests impairment or influence of drugs and/or alcohol; (iii) a report of drug
and/or alcohol use while at work or on duty; (iv) information that an employee has tampered with drug
and/or alcohol testing at any time; (v) negative performance patterns; or (vi) excessive or unexplained
absenteeism or tardiness.
(c) Post-Accident Testing. The Company may require an employee to undergo drug testing if the
employee or another person has sustained an injury while at work or property has been damaged while
at work, including damage to equipment. Testing for alcohol may be conducted if there is a reason
to believe that the use of alcohol may have been a contributing cause of the accident or damage to
property.
(d) Random Testing. The Company may, from time to time, request or require an employee or
all members of an employment classification or group to undergo drug testing at random and may
limit its random testing to particular employment classifications or groups.
(e) Transfer/Reassignment Testing. The Company may request or require an employee who
transfers to a different position or job, or who is reassigned to a different position or job, to undergo
drug testing.
(f) Scheduled, Fitness-for-Duty, Return from Leave, and Other Periodic Testing. The Company
may request or require an employee to undergo drug testing if the test is conducted as a routine part
of a routinely scheduled employee fitness-for-duty medical examination, or is requested or required
by the Company in connection with an employee’s return to duty from leave of absence, or which is
scheduled routinely as part of the Company’s written policy.
4.2 Refusal to be Tested. Any employee who refuses to submit to the Company's request for drug and/or
alcohol testing or who refuses to complete the required forms will be subject to termination from employment
with the Company. An applicant for employment who refuses to submit to drug testing, or who refuses to
complete the required forms will not be eligible for employment by the Company.
4.3 Adulteration of Samples. The actual or attempted addition of adulterants to drug and/or alcohol testing
samples is prohibited. Use or attempted use of adulterants will subject the employee to disciplinary action, up
to and including termination. Use or attempted use of adulterants by an applicant will result in the applicant
not being eligible for employment. If adulterants are found in samples, the lab results will be reported as
positive.
5. PROCEDURES FOR DRUG AND/OR ALCOHOL TESTING
5.1 Substances That May Be Tested. The substances which may be tested under this Policy are drugs and
their metabolities and components that are illegal under federal or applicable state law and alcohol. Drugs
include, but are not limited to, amphetamines, cannabinoids (marijuana), cocaine, phencyclidine (PCP),
hallucinogens, methaqualone, opiates, barbiturates, benzodiazephines, synthetic narcotics, designer drugs, or
a metabolite of any of these substances. Alcohol means ethyl alcohol or ethanol.
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5.2 Collection Procedures and Testing Methods. The Company will pay the costs of testing requested or
required by the Company. Samples for testing for drugs and/or alcohol will be conducted on an individual’s
tissue, fluid or body product capable of revealing the presence of drugs or alcohol. The cutoff levels for
determining whether a test result is positive or negative shall be those established by applicable law.
5.3 Challenging the Test Results. An applicant and employee may explain, in confidence, the test results.
They may also challenge the results of a positive test by requesting a confirmation test of a sample within 24
hours of receiving notice of a positive test. The individual challenging the results of a positive test must pay
all costs of the confirmation test, unless the confirmation test reverses the findings of the challenged positive
test. In such a case, the Company will reimburse the individual for the costs of the confirmation test.
5.4 Information and Records. Individuals tested may inspect and request copies of records of all drug and
alcohol test results and related information maintained by the Company. The Company will not release such
records to any person other than to the individual tested or the Company’s review officer, except that the
Company may release the test results and related information for the following purposes: (a) as admissible
evidence by the Company or the individual tested in a case or proceeding before a court of record or
administrative agency if either the Company or the individual tested are named parties in the case or
proceeding; (b) in order to comply with a valid judicial or administrative order; (c) to the Company’s
employees, agents and representatives who need access to such records in the administration of the Oklahoma
Act; or (d) as allowed by governing and applicable law. The Company may share drug or alcohol testing
results of any tested person who works pursuant to a contractual agreement between the Company and another
employer.
6. SEARCHES AND INSPECTIONS
6.1 The Company may at any time conduct unannounced searches and inspections of the Company’s premises
or the premises of a client of the Company or of any person and their personal property located on the
Company’s premises or the premises of a client of the Company, including but not limited to the use of scent
trained animals and physical searches. Items that may be searched include without limitation the following:
wallets, purses, clothing, bags, briefcases, lockers, offices, desks, vehicles, and tool boxes. Failure to comply
with a search request will result in disciplinary action, up to and including termination. Individuals who refuse
to comply with a search request will be escorted from the location and will not be allowed to return without
written authorization. Entry upon the Company’s premises or the premises of a client of the Company
constitutes an individual’s consent to and recognition of the right of the Company to conduct unannounced
searches. No person who enters on the Company’s premises or the premises of a client of the Company has a
right to privacy or an expectation of privacy.
7. CONSEQUENCES OF FAILURE TO COMPLY WITH THIS POLICY
7.1 Applicants. Any applicant who has been made a conditional offer of employment and is required to
take a drug test and who refuses to undergo drug testing or who has a positive result shall not be eligible for
employment with the Company, provided, however, if the applicant has a positive result for marijuana, its
components or metabolites, then any action shall made be in accordance with the provisions in the “Medical
and Recreational Marijuana” in Section 3 of this Policy.
7.2 Employees. Any employee who refuses to undergo drug and/or alcohol testing, has a positive test
result on a drug and/or alcohol test, or violates any other provision of this Policy shall be guilty of misconduct
and subject to disciplinary action, up to and including termination of employment, provided, however, if the
employee has a positive test for marijuana, its components or metabolites, then any action shall be made in
accordance with the provisions of the “Medical and Recreational Marijuana” in Section 3 of this Policy.
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8. QUESTIONS
Concerns or questions about this Policy should be directed to the President/CEO. There are no appeal rights
from decisions made by the Company pursuant to this Policy.
THIS POLICY BECAME EFFECTIVE SEPTEMBER 9, 2019, AND MAY BE MODIFIED AT THE
COMPANY'S SOLE DISCRETION AT ANY TIME IN THE FUTURE UPON TEN DAYS NOTICE.
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APPENDIX C
- Acknowledgement
EMPLOYEE HANDBOOK ACKNOWLEDGMENT
I, the undersigned employee or applicant for employment as an employee of Jacobi, LLC d/b/a
AcctKnowledge (the “Company”), hereby acknowledge receipt of the AcctKnowledge Employee
Handbook (the “Handbook”), effective September 9, 2019, including Appendix A and Appendix B
which are part of the Handbook. I acknowledge that I have a responsibility to read the Handbook,
including the Appendices to the Handbook, and to contact the President/CEO or any member of
management if I have questions about anything in the Handbook.
I understand that compliance with the Company’s Drug and Alcohol Abuse Prevention and Testing
Policy at Appendix B is a condition of my employment if hired or a condition of my continued
employment if I am a current employee with the Company. I understand that any violation of the
Drug and Alcohol Abuse Prevention and Testing Policy will subject me to a withdrawal of a
conditional offer of employment if I am an applicant or disciplinary action, up to and including
termination if I am a current employee.
If hired as an employee of AK, I agree to keep the Handbook for future reference and to observe
present and future personnel policies, standards, and rules outlined in the Handbook. I understand
and acknowledge that the Handbook supersedes any and all past policies, procedures, understandings
and standards, written and verbal, express or implied, to the extent the subject matters thereof are
addressed in the Handbook. I understand and acknowledge that the Company reserves the right to
alter, amend, modify, or terminate any benefits, policies, or provisions contained in the Handbook at
any time it chooses with or without prior notice to me. Any such changes will be made in writing and
distributed to me electronically or by other appropriate means. I understand that it is my responsibility
to keep informed of any changes to the Handbook.
I understand that if I am employed by the Company, my employment with the Company is “at-
will,” unless a written contract of employment for a fixed duration of time or for other than
“at-will” employment is signed by the President/CEO and me. I understand that “at-will”
employment means that employment may be terminated either by the employee or by the
Company at any time, with or without cause, and with or without notice. I understand that
nothing in this Handbook nor any oral or written representation by any employee, official, or
supervisor of the Company shall be construed as a contract of employment for any fixed
duration of time or for other than “at-will” employment. I understand that the Company may
make changes to the position, title, job responsibilities, or compensation level of its “at-will”
employees at any time, with or without cause, and with or without notice.
Signature Date
Printed Name
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