Welcome! As an employee of Andrews Logistics, TXLP, hereinafter referred to as Andrews Logistics, you are an important member of a team effort. We hope that you will find your position with Andrews Logistics rewarding, challenging, and productive.
Because our success depends upon the dedication of our employees, we are highly selective in choosing new members of our team. We look to you and the other employees to contribute to the success of the Company and to assist us in remaining a leader in this community and in our industry.
Andrew Logistics prepared this handbook to help you find the answers to many questions that you may have regarding your employment with Andrew Logistics. Please take the necessary time to read it.
This handbook is intended to generally outline and explain Andrew Logistics’ benefits, practices, and policies that are important to you. Please refer to the actual plan documents for information and answers to specific benefit questions.
Many matters covered by this handbook, such as benefit plan descriptions, are also described in separate Company documents. These Company documents are always controlled over any statement made in this handbook or by any member of management.
You should keep this handbook handy as a guide and ready reference. If you have questions as you read through this handbook, please do not hesitate to discuss them with your supervisor or Human Resources. Your supervisor is a very important source of information and will be more than happy to assist you. This handbook applies to all full-time, part-time, exempt, non-exempt, management, introductory, and temporary employees.
This employee handbook is not all-inclusive and should be regarded as a set of guidelines only. It is not a contract. Neither the policies in this manual nor any other written or verbal communication by a Company officer, manager, or supervisor are intended to create a contract of employment or a warranty of benefits for any definite period of time. The policies in this handbook may be amended, modified, deleted, or otherwise changed by Andrew Logistics without prior notice.
This handbook supersedes and replaces all prior employee handbooks, manuals, policies, and procedures concerning the subject matters covered herein. If you have any questions about any of the policies or procedures in this handbook, please consult your supervisor.
If any portion of this handbook conflicts with any law, regulation, or statute, the law, regulation, or statute will control.
This handbook supersedes all prior handbooks.
We formed our trucking company in 1997 with just six trucks. Today, we are one of the largest bulk tank truck companies in the US and among the top five family-owned and operated companies. With a focus on safety and taking care of our employee family, we have fought our way into the top of the ranks in North America’s leading asset-based bulk liquid and hazardous materials transport carriers. All while keeping a strong focus on our employee family so they can take care of our valued customers.
To be the very best employer in the tank truck industry and to consistently pick up and deliver our customer’s shipments on schedule in the safest and most efficient manner possible.
Our company is family-owned and operated. Every day we strive to put our customers at the heart of the business and create a workforce for our associates in which communication, trust, and respect are evident in our daily interaction. We create a culture that is understanding and respectful of ideas. We believe a healthy work/life balance is essential.
Our Culture is always appreciative, polite, and considerate. We recognize the value of consistency to our customers. Our goal is to provide outstanding services that embody our pride in being a family–owned and operated business.
Our Company will always do what we say. Because we are dependable and credible, we create an environment in which our associates are honest and straightforward with coworkers and customers. We can rely on our associates to show up when scheduled, communicate consistently, and deliver their work on time and safely.
TABLE OF CONTENTS
Exempt/Non-Exempt Classification 7
Meeting and Training Pay (Non-Exempt) 8
Payday and Pay Check Distribution 8
HOLIDAYS, VACATION, AND SICK LEAVE 14
Family-Care and Medical Leave 19
Pregnancy-Related Disability Transfer 24
Workers’ Compensation Disability Leave 26
WORKPLACE RULES AND PROCEDURES 30
Rules of Conduct and Discipline 30
Business and Ethical Code of Conduct 31
Security and Confidential Information 35
Technology Use and Privacy Policy 40
Access to Technology Resources 41
Internet Communication and Blogging Policy 44
Electronic Recording Policy 45
Termination Due to Reorganizations, Economics, or Lack of Work 56
Personal Protective Equipment 58
Travel and Expense Accounts 62
Credit Card and Gas Card Policy 62
Paid Pregnancy Disability Benefits 70
Statutory Insurance Programs 71
Statutory Short-Term Disability Benefits 72
Time Off for Military Spouses 73
Time Off for Volunteer Firefighters, Reserve Peace Officers & Emergency Rescue Personnel 85
Business Expense Reimbursement 85
Acknowledgment and Receipt of California: Discrimination, Harassment and Retaliation Prevention Policy 85
Discrimination and Sexual Harassment Notice 90
Chicago/Cook County Earned Sick Leave Eligibility 92
Voluntary Emergency Workers Leave 95
Leave for Victims of Domestic or Sexual Violence 95
School and Day Care Conference and Activities Leave 97
Pittsburgh Pregnancy Accommodation 101
Philadelphia Paid Sick Time 102
EMPLOYEE HANDBOOK ACKNOWLEDGEMENT 105
All employment at Andrews Logistics is "at will.” That means that either the employee or the Company have the right to terminate employment at any time, with or without advance notice, and with or without cause. As a part of this "at-will" policy, employees understand that the Company reserves its inherent right to manage its business and all issues pertaining to employee's employment, including all matters pertaining to promotion, job assignment, compensation, demotion, transfer, discipline, and size of work force. This handbook does not alter the "at-will" relationship between the employer and employee.
The success of the Company is due to the contributions of employees from diverse backgrounds, national origins and heritage. It is Andrews Logistics’ policy to provide equal employment opportunity for all applicants and employees.
Andrews Logistics does not unlawfully discriminate on the bases of race, color, creed, religion, gender (including pregnancy, childbirth or related medical conditions), national origin, ancestry, age, physical or mental disability, medical condition including genetic characteristics, or any information based on genetic background, family-care status, veteran status, marital status, sexual orientation, gender identity or gender expression where a person’s gender-related appearance and behavior may not be stereotypically associated with the person’s assigned sex at birth, or any other consideration made unlawful by federal, state, or local laws. This also includes a perception that anyone has any of those characteristics or is associated with a person who has or is perceived as having any of those characteristics. Additionally, the Company does not discriminate against any employee who is an officer, warrant officer or enlisted member of the military or naval forces of the state or of the United States because of that membership. Andrews Logistics also makes reasonable accommodations for disabled employees. Finally, the Company prohibits the harassment of any individual on any of the basis listed above. For information about the types of conduct that constitute impermissible harassment and the Company internal procedures for addressing harassment complaints, please refer to the Policy Against Harassment.
The Company will endeavor to accommodate the sincere religious beliefs of its employees to the extent such accommodation does not pose an undue hardship on the Company's operations. If employees wish to request such an accommodation, they should contact the Human Resources Department.
Any employees with questions or concerns about equal employment opportunities in the workplace are encouraged to bring these issues to the attention of the Human Resources or a member of the Executive Team.
The Company will not allow any form of retaliation against individuals who raise issues of equal employment opportunity. If employees feel they have been subjected to any such retaliation, they should contact Human Resources or a member of the Executive Team. To ensure our workplace is free of artificial barriers, violation of this policy including any improper retaliatory conduct will lead to discipline, up to and including discharge. All employees must cooperate with allinvestigations.
This nondiscrimination policy applies to all areas of employment including recruitment, hiring, training, promotion, compensation, benefits, transfer, and social and recreational programs. It is the responsibility of every manager and employee to conscientiously follow this policy. Any employee having any questions regarding this policy should discuss them with the CFO.
Policy
In accordance with the Americans with Disabilities Act (ADA); Andrews Logistics does not discriminate against any "qualified individuals with a disability." Individuals qualify for employment if they meet the education, skills, and experience requirements of a position and can perform the essential functions of the job with or without a reasonable accommodation. It is the responsibility of the employee to request an accommodation of their physical or mental disability by contacting the CFO. In accordance with the ADA, the Company will take such requests seriously and will promptly determine whether the employee is a qualified individual with a disability and whether a reasonable accommodation exists which would allow the employee to perform the essential functions of the job without imposing an undue hardship on Andrews Logistics or other employees.
Reasonable Accommodation
Qualified individuals with disabilities may require reasonable accommodation during the application process and/or during the course of their employment in order to perform the essential functions of the job. Requests for reasonable accommodation can be made verbally or in writing to the employee’s supervisor or Human Resources. A job applicant may make a request for accommodation to the recruiter, hiring manager, or Human Resources.
The reasonable accommodation process is activated whenever:
A request for reasonable accommodation is made, verbally or in writing, by the employee or applicant, or someone acting on the employee’s/applicant’s behalf.
An employee with a known physical or mental impairment is observed by management having difficulty performing essential functions of their job because of their impairment.
Verbal requests for reasonable accommodation will be documented to ensure that every request receives a timely decision.
Interactive Process
Whenever the reasonable accommodation process is activated, the five-step interactive process is initiated to determine whether an accommodation can be provided to the job applicant or the employee. The steps are as follows:
Determine whether individual has a disability.
Determine the essential functions of the job.
Identify the abilities and limitations of the individual.
Identify potential accommodations.
Determine the reasonableness of the accommodations and select options.
The interactive process may not be required if it is definitively clear that an individual is not a qualified individual with a disability.
Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits genetic information discrimination in employment. Title II of GINA prohibits the use of genetic information in making employment decisions, and from requesting, requiring or purchasing genetic information, and strictly limits the disclosure of genetic information. Based on Title II of GINA, the Company will not
discriminate against employees or applicants on the basis of genetic information when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, or any other term or condition of employment.
Additionally, the Company will not tolerate harassment of any person associated with the Company, including employees, customers, vendors, and suppliers, because of their genetic information. Harassment can include, for example, making offensive or derogatory remarks about an applicant or employee’s genetic information, or about the genetic information of a relative of the applicant or employee.
Under Title II of GINA, the Company may obtain genetic information under the following circumstances:
Inadvertent acquisitions of genetic information that do not violate GINA, such as in situations where a manager or supervisor overhears someone talking about a family member’s illness.
Genetic information (such as family medical history) obtained as part of health or genetic services, including wellness programs, offered by the Company on a voluntary basis, provided certain specific requirements are met.
Family medical history acquired as part of the certification process for FMLA leave (or leave under similar state or local laws or pursuant to Company policy), where an employee is asking for leave to care for a family member with a serious health condition.
Genetic information acquired through commercially and publicly available documents like newspapers.
Genetic information acquired through a genetic monitoring program that monitors the biological effects of toxic substances in the workplace where the monitoring is required by law or, under specific defined conditions, where the program is voluntary.
Acquisition of genetic information of employees who engage in DNA testing for law enforcement purposes as a forensic lab or for purposes of human remains identification, however, the genetic information will only be used for analysis of DNA markers for quality control to detect sample contamination.
Genetic information will be confidentially maintained in a separate medical file. No genetic information will be shared with the exception of disclosing relevant genetic information to government officials investigating compliance with Title II of GINA and for disclosures made pursuant to a court order.
Andrews Logistics is committed to full compliance with federal immigration laws. These laws require that all individuals provide documents proving their identity and legal right to work in the United States. Each new employee, as a condition of employment, must complete the Employment Eligibility Verification Form I-9 and present documentation establishing identity and employment eligibility. This must be done within the first three days of employment. Failure to present the required documents may lead to dismissal. Any falsification of documentation required by the immigration laws will result in immediate termination.
Employees who have a concern or complaint regarding any aspect of their employment should immediately contact their supervisor or Human Resources and formally report their concern pursuant to this complaint procedure.
The employee may be asked to, among other things, specify the specific circumstances of their concern or complaint and whether it has occurred on other occasions.
The designated representative will then investigate the concern or complaint.
The Company will take appropriate action as expeditiously as possible on the complaint.
The resolution of the situation will be documented and placed with the affected employees’ records.
The Company may, from time to time, establish a practice to regularly audit employment practices.
Employees who utilize this complaint procedure shall not be retaliated against for making use of this policy. Employees with questions concerning this policy are encouraged to contact their supervisor or Human Resources.
Relatives of present employees may be hired by Andrews Logistics only if (1) the individuals concerned will not work in a direct supervisory relationship, and (2) the employment will not pose difficulties for supervision, security, safety or morale. "Relatives" are defined as spouses, children, sisters, brothers, mothers or fathers, and persons related by marriage. Present employees who marry or who become related by marriage will be permitted to continue employment with Andrews Logistics only if they do not work in a direct supervisory relationship with one another, or otherwise pose difficulties for supervision, security, safety or morale.
Based upon a bona fide occupational qualification or need, or where based upon applicable security regulations established by the United States or the State of Texas, if employees who marry or who become related by marriage do work in a direct supervisory relationship with one another, Andrews Logistics will attempt to reassign one of the employees to another position for which they are qualified if such a position is available. If no such position is available, then one of the employees may be required to leave the Company.
The CEO may at their sole discretion may make an exception to this policy.
Current employees may hold an outside job as long as the employee meets the performance standards of your job at Andrews Logistics. If the Company determines that your outside work interferes with your performance or the ability to meet the requirements of the Company as they are modified from time to time, you may be asked to terminate the outside employment if you wish to remain with the Company.
Outside employment that constitutes a conflict of interest is prohibited. You may not receive any income or material gain from individuals outside the Company for materials produced or services rendered while performing your job at Andrews Logistics.
Employees who engage in outside employment must disclose such employment and get written approval from their immediate supervisor. Failure to adhere to this guideline (including failure to disclose
any conflicts or to seek an exception) may result in disciplinary action up to and including termination of employment.
Background investigations are completed for all candidates-for-hire as a condition of employment with Andrews Logistics. Upon receiving an offer of employment, a background investigation will be conducted on all candidates which includes an employment verification, criminal offense check, and a social security number check. For those employees who are required to drive a Company-owned vehicle or their own vehicles on Company business, a DMV record check will also be obtained upon offer of employment, and annually thereafter (see Company Vehicle and Driving Policy).
Upon offer of employment, transfer or promotion to the positions of Drivers and Mechanics, the candidate will be required to take a post offer physical as a requirement of the job. The post offer physical must be completed prior to the first day of employment, or effective date of a promotion or transfer. Upon successful completion of the physical, the human resources department will issue a start date for the new position or confirm the effective date of a promotion or transfer.
Should a new hire applicant not pass the physical, the offer of employment will be rescinded. If a current employee does not pass the physical exam, the transfer or promotion offer will be rescinded, and they will remain in their current position.
The first 60 days of continuous employment at Andrews Logistics is considered an introductory period, although there is no guaranty of continued employment for any period of time. During this time you will learn your responsibilities, get acquainted with fellow employees, and learn the practices and processes of the Company. Starting on the first of the month after completion of the introductory period, eligible employees will begin to receive the benefits as described in this handbook.
The normal work schedule for all drivers will be governed by customer needs and by current Department of Transportation rules and regulations.
The normal work schedule for all mechanic employees is eight hours a day, five days a week. The normal work schedule for all clerical employees is eight hours a day, five days a week.
Regular Employees
Regular employees are those who are hired to work on a regular schedule. Regular employees may be classified as full-time or part-time.
Full-Time Employees
Regular full-time employees are those who are scheduled for and do work 30 hours per week. Following the completion of the introductory period, regular full-time employees are eligible for most employee benefits described in this handbook.
Part-Time Employees
Part-time employees are those who are scheduled for and do work fewer than 30 hours per week.
Part-time employees are not eligible for employee benefits except those mandated by applicable law.
Temporary/Seasonal Employees
Temporary/seasonal employees are those employed for short-term assignments. Short-term assignments generally are periods of three months or fewer; however, such assignments may be extended. Temporary/seasonal employees are not eligible for employee benefits except those mandated by applicable law.
Rehired Employees
If an employee is rehired after a break in service, they will be treated as a new hire for placement, compensation and benefits purposes.
Generally, employees will receive performance reviews annually. However, performance reviews may be conducted more frequently or less frequently, depending upon the business needs of the employer. The purpose of the review is to evaluate your current level of performance, to examine the progress you have made since the last review and to establish goals for your next review.
Pay increases are entirely within the discretion of the employer and may be given at the time of a performance review, although it is not automatic. Among other factors, increases in pay are given on the basis of merit and economic conditions.
Exempt employees are those who are exempt from certain wage and hour laws, i.e. overtime pay. Exemption is established through state and federal guidelines of the job content and a salary basis test. Exempt employees receive an annual salary, in equal payments, at a specified time interval.
Non-Exempt Record Keeping
Non-exempt employees must complete a timecard each week showing the number of hours worked that week. Timecards provide the information needed for payroll calculations and record the actual number of hours worked, as required by law for non-exempt employees. Accurate recording of time is essential. Timely submission of timecards is mandatory. Failure to submit timecard information in a timely manner may result in disciplinary action. Falsification of hours on a timecard may be cause for dismissal.
Entries
Entries are made for the exact time the employee commences work each day; the time work stops for lunch; the time work resumes after lunch and the time the employee stops work at the end of each day. Employees record this information daily and sign or electronically submit the timecard at the end of each pay period. Timecards are submitted to the supervisor at the end of each workweek for review and signing by the supervisor.
In the event an employee is absent, the employee makes an explanatory notation on the timecard, i.e., "vacation," "jury duty," "illness."
Work outside normally scheduled hours must be authorized in advance by the supervisor and is recorded in the same manner as work performed during scheduled hours.
Approval
Supervisors must review and approve all timecards no later than Monday of the week following the week being reported. Each employee must complete and sign their own timecard. Cards must not be
completed or signed by anyone else, including the supervisor. Cards without the supervisor's signature are considered incomplete. Falsification of hours or signatures by the employee or supervisor on a timecard may be cause for dismissal.
If a timecard has not been prepared or an error has been made on a timecard, the employee will notify the supervisor. Both the employee and supervisor are required to initial corrected timecards.
Non-exempt employees will be paid for their hours worked in accordance with all federal and state wage and hour laws and regulations. Employees who qualify as exempt under the state and FLSA exemption list are exempt from receiving overtime pay. Unless otherwise provided, the workweek on which weekly overtime calculations will be based begins each Sunday at midnight.
Preauthorization
All overtime work by a non-exempt employee must be approved in advance by the employee's supervisor. Under normal circumstances, work should be completed during regular work hours. Supervisors will request overtime work or work outside of regularly scheduled hours only when necessary and with as much advance notice as possible. Employees who work unauthorized overtime or who refuse to work assigned overtime may be subject to disciplinary action.
Calculation
Overtime is calculated according to the employee's regularly scheduled hours and applicable laws.
Andrews Logistics will pay non-exempt employees for their attendance at meetings, lectures, and training programs under the following conditions:
Attendance is mandatory;
The meeting, course, or lecture is directly related to the employee's job;
The employee who is required to attend such meetings, lectures, or training programs will be notified of the necessity for such attendance by their supervisor;
Employees who do perform productive work during attendance at meetings, lectures or training programs will be compensated at their regular rate of pay.
Any hours in excess of forty (40) in a week will be paid at the appropriate overtime rate, at the hourly rate in effect at the time the overtime work is being performed.
Employees are paid weekly. For non-exempt employees, timecards must be completed so that paychecks will be issued timely and accurate. If a payday falls on a holiday, paychecks will be distributed on the preceding workday. Paystubs are available by the on the date assigned for payment.
Andrews Logistics provides, and encourages, direct deposit of paychecks. This is a service which saves you time and provides added security. With this option, each paycheck will be automatically
deposited to your checking or savings account as designated by you. Each payday, you still receive a pay stub for your records -- much like a voided check with all the same information, which would appear on your regular check -- except the face of the check is voided. No trips to the bank are necessary because your pay appears in your bank account on payday or in some cases the night before. Direct Deposit will be initiated on the pay period following the receipt of the signed authorization form from the employee.
Certain deductions required by law will be made from each employee's wages. These include state and federal income taxes, (FICA) social security and Medicare taxes. Other non-statutory deductions will be made upon employee authorization for additional health and/or life insurance options, voluntary tax-deferred investment (401K) programs, credit union deductions or other direct deposits into financial institutions, flexible spending account programs or for payment of a debt to the Company.
If the Company receives a court order for garnishment of your wages, Andrews Logistics will follow these guidelines:
Advise you of the court order and the date the first deduction will be made;
If you are subject to multiple garnishments, the Company will pay garnishment payments in the priority of the court orders; and
The Company will retain a copy of the court orders in your personnel file as the legal basis for making the payroll deduction.
Andrews Logistics complies with all laws, both state and federal, regarding pay practices. In the event of an inadvertent or improper pay deduction overpayment or error, affected employees must immediately report their concern to their supervisor. The Company will review the situation thoroughly and make any corrections to an employee’s pay deemed necessary. Questions or concerns about the Company policy should also be addressed to your supervisor or the Human Resources Department.
Employees who believe their pay has been improperly calculated should immediately contact their supervisor or Human Resources and formally report their concern pursuant to this complaint procedure.
The employee will be asked to specify in writing, using the guidance above, the specific circumstances of the pay miscalculation and whether it has occurred on other occasions.
The designated representative from will then investigate the claim by reviewing pay records and likely interviewing other employees, supervisors or managers, as well as the payroll representatives handling the employee’s pay, to determine the nature and scope of the employee’s issue.
If pursuant to this review a compensation calculation is found to have been made in error, the supervisor will correct the error as expeditiously as possible.
If a compensation error is found, the designated representative will further determine if this was an isolated incident or a pattern of conduct that requires further action on the part of the Company. If
warranted, the supervisor may make retroactive corrections to assure that compensation calculations are completed in compliance with both state and federal laws.
The resolution of the situation will be documented (including confirmation on the part of the employee that the situation has been resolved) and placed with the employee’s records.
The may, from time to time, establish a practice to regularly audit employee pay records.
Employees who utilize this complaint procedure shall not be retaliated against for making use of this policy. Employees with questions concerning this policy are encouraged to contact the CFO.
In addition to good working conditions and competitive pay, it is Andrews Logistics’ policy to provide a combination of supplemental benefits to all eligible employees. These benefits include time-off benefits, insurance and other plan benefits.
The next few pages contain a brief outline of the benefits programs Andrews Logistics provides employees and their families. The information presented here is intended to serve only as a set of guidelines. The descriptions of the insurance and other plan benefits merely highlight certain aspects of the applicable plans for general information only.
The details of all plans are provided in the official plan documents, which are available for review upon request from Human Resources. Additionally, the provisions of the plans, including eligibility and benefits provisions, are summarized in the summary plan descriptions ("SPDs") for the plans, which may be revised from time to time. In the determination of benefits and all other matters under each plan, the terms of the official plan documents shall govern over the language of any descriptions of the plans, including the SPDs and this handbook.
Further, Andrews Logistics (including the officers and administrators who are responsible for administering the plans) retains full discretionary authority to interpret the terms of the plans, as well as full discretionary authority with regard to administrative matters arising in connection with the plans and all issues concerning benefit terms, eligibility, and entitlement.
While the Company intends to maintain these employee benefits, it reserves the absolute right to modify, or terminate these benefits at any time and for any reason.
If employees have any questions regarding benefits, they should contact Human Resources.
Andrews Logistics provides benefits for its regular, full-time eligible employees. Full-time employees are employees who are normally scheduled to work, on average, at least thirty (30) hours per week. Any employee working less than, on average, thirty (30) hours per week will be considered a part-time employee and are not eligible for Company benefits, including holiday, and vacation. The Company reserves the right to eliminate or modify any of its benefits at any time.
Worker's Compensation Insurance
Andrews Logistics carries Workers' Compensation insurance coverage to protect employees who are injured on the job. This insurance provides medical, surgical, and hospital treatment in addition to payment for loss of earnings that result from work-related injuries. Worker's Compensation benefits are paid in accordance with a statutory schedule established by the state. An employee who suffers any on-the-job injury must report that incident to their supervisor or department head as soon as possible, and complete an "Injury Report" form.
You should be aware that Texas law makes it a crime to file a knowingly false or fraudulent claim for Workers' Compensation benefits, or to submit knowingly false or fraudulent information in connection with any Workers' Compensation claim. Violation of this law is punishable by imprisonment, a fine of up to
$50,000, or both. Filing a false or fraudulent Workers' Compensation claim is also a violation of Company policy, and will result in disciplinary action, up to and including termination.
Medical and Dental Insurance
All regular full-time employees and their dependents are eligible to participate in Andrews Logistics' health and dental insurance plan starting 1st of month following 60 days. Contact the HR Department for more information about plan specifics.
Life Insurance
All regular full-time employees are eligible for group life insurance 1st of month following 60 days.
Consult plan documents for more specific information.
Accidental Death and Dismemberment
All regular full-time employees become eligible for accidental death and dismemberment insurance 1st of month following 60 days. Consult plan documents for more specific information.
Conversion/Post-Employment Insurance Options (COBRA)
Pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), eligible employees and their dependents may be entitled to continue insurance coverage if you lose your group health coverage benefits because of a reduction in your hours of employment or the termination of your employment with Andrews Logistics for reasons other than gross misconduct on your part. Any questions concerning your rights under COBRA should be directed to HR Department.
Notification of Life Changing Events
HR Department is responsible for maintaining complete and up-to-date employment records for all current employees. Employees are responsible to notify HR Department within thirty (30) days of the occurrence of any “life changing event,” as the event may impact insurance coverage and eligibility. These events consist of:
Change in your marital status (such as marriage, divorce, annulment or legal separation)
Termination of your spouse’s or registered domestic partner’s full-time employment
Loss of your spouse’s or registered domestic partner’s coverage under another employer’s benefits plan (allows you to change only the coverage lost, e.g., medical, dental)
A change in your family status, such as gaining or losing an eligible dependent
Spouse or registered domestic partner gaining benefits through a new employer or first offer of benefits through spouse’s or registered domestic partner’s current employer (open enrollment periods excluded)
Employees should also promptly notify the HR Department of any changes in their name, home address, telephone number, and insurance or retriement plan beneficiaries.
Andrews Logistics' Retirement Plan is available to all regular full-time employees who have completed at least 60 days of credited service. Employees become members and participants in the Company's Retirement Plan upon meeting plan eligibility requirements. The plan is funded through a trustee and meets all the requirements of the Employee Retirement Income Security Act of 1974. Plan details and eligibility requirements are available from HR Department.
In addition to above insurance and retirement benefits, the Company also provides the following benefits to eligible employees:
EAP
Long Term Disability Short Term Disability
Information on these benefits can be obtained from the HR Department.
Andrews Logistics observes the following standard holidays and provides all full-time employees time off with pay at their normal base rate unless otherwise provided in this policy:
New Year's Day Labor Day
Memorial Day Thanksgiving Day
Independence Day Christmas Day
Eligibility
In order to be eligible for holiday pay, the employee must work the scheduled day before and after the holiday or be on an approved paid vacation leave.
Part-time and temporary employees are not eligible for holiday pay.
Rate of Pay
Non-exempt employees who work on a scheduled holiday will be paid at their normal base rate for all hours worked, plus eight (8) hours' straight-time pay for the holiday. Double time will be paid for all hours worked in excess of twelve (12) hours on a holiday, in addition to the eight (8) hours' straight-time pay for the holiday.
Pay in Lieu of Time Off
Andrews Logistics may, at its discretion, require an employee to work on scheduled holidays and provide pay in lieu of time off.
Weekends and Vacations
Holidays falling on a Saturday or Sunday are normally observed on the preceding Friday or the following Monday respectively. Holidays that occur during an employee's vacation are not to be counted as vacation days taken.
Andrews Logistics provides vacation benefits to eligible employees to enable them to take paid time off for rest and recreation. The Company believes this time is valuable for employees in order to enhance their productivity and to make their work experience with the Company personally satisfying. Andrews Logistics also provides long-service employees with additional vacation benefits as years of service are accumulated.
Eligibility
All regular full-time employees who have completed 1 year of continuous service, measured from the date of hire, are eligible for vacation benefits, per the following schedule:
Vacation Earning Schedule
Years of Eligible Service Vacation Days Each Year Upon initial eligibility 5 days
After 2 years 10 days
After 5 years 15 days
After 10 years 20 days
The length of eligible service is calculated on the basis of a ‘benefit year’. This is the 12-month period that begins when the employee starts to earn vacation time. An employee’s benefit year may be extended for any significant leave of absence except for military leave of absence. Military leave of absence has no effect on this calculation. (See individual leave of absence policies for more information.)
Once employees enter an eligible employment classification, they begin to earn paid vacation time according to the schedule. Earned vacation time is available for use in the year following its accrual.
Rate of Pay
Vacation is paid at the employee’s base pay rate at the time the vacation is taken and paid. It does not include or is used in calculations for overtime or any special forms of compensation such as incentives, commissions, bonuses, or shift differentials.
Part-time and Temporary Employees
Part-time and temporary employees are not eligible for vacation benefits.
Maximum Accrual
Vacation accruals may not exceed an employee's current annual entitlement. Once this maximum is reached, all further accruals will cease. Vacation accruals will recommence after the employee has taken vacation and their accrued hours have dropped below the maximum.
Pay in Lieu of Vacation
No employee will receive pay in lieu of vacation except on the termination of their employment, as described below, unless the employee has deferred their vacation at Andrews Logistics' request.
Vacation Accrual during Leaves of Absence
No vacation accrues during an unpaid leave of absence or while on disability salary continuation.
Vacation accruals recommence when the employee returns to work.
Vacation Pay on Termination
Upon termination of employment, the employee is paid all accrued but unused vacation at the employee's base rate of pay at the time of their termination and if a proper notification period of 2 weeks was provided to the Company for voluntary terminations.
Vacation Approval and Scheduling
All vacation time must be approved in advance. Scheduling of vacations is to be done in a manner consistent with Andrews Logistics operational requirements. Vacation requests should be submitted by employees to their immediate supervisor for approval at least two (2) weeks prior to the commencement of
a vacation period. In the event that two (2) or more employees have requested vacations covering the same period and may not be absent simultaneously, preference shall be given based on the needs of the business. If employees wish to receive their pay prior to going on vacation, they must make a vacation request at least two (2) weeks in advance (Driver and Mechanics Only). Subject to supervisor approval, an employee may otherwise schedule and take vacation at any time once it has accrued.
Vacation Use
In the event that available vacation is not used by the end of the benefit year, employees will forfeit the unused time.
Vacation Advances
An employee is not permitted to borrow on future accrual of vacation benefits, except with the approval of the HR Department. In no case may vacation time be borrowed or taken before an employee becomes eligible to begin accruing vacation as described above. If an employee has used any vacation days before they have been accrued and then leaves the employment of Andrews Logistics, the amount of pay for any vacation time taken that has not accrued at the time of termination must be repaid to the Company.
Holidays Occurring during Vacation
If an observed Company holiday (see guideline entitled Holidays) occurs during an employee's scheduled vacation, no deduction from accrued vacation will be made for the holiday period. An employee may add to their vacation period by adding to or using the holiday period in place of accrued vacation time.
Vacation Increments
For non-exempt employees, accrued vacation must be taken by eligible employees in increments of at least 1 hour.
For exempt employees, accrued vacation must be taken by eligible employees in increments of at least 1 hour.
In order to help prevent loss of earnings caused by accident or illness, or by other emergencies, Andrews Logistics has established paid sick and emergency leave.
Eligibility
All regular full-time employees are eligible for five (5) days' (.42 hours per pay period) sick leave per calendar year. (Except those paid on commission or mileage). Regular part-time employees are eligible to accrue sick leave on a pro-rated basis. Employees do not accrue sick leave during their introductory periods. Temporary employees are ineligible to earn or receive sick-leave benefits.
Rate of Pay
Sick pay is paid at the employee’s base pay rate at the time of absence. It is not included or used in calculations for overtime or any special forms of compensation such as incentives, commissions, bonuses, or shift differentials.
Notification
It is the employee's responsibility to personally call and speak directly with their supervisor in order to report their absence from work, unless in an emergency situation. Employees are expected to call their supervisor at least one hour prior to the start of their scheduled shift. Under no other circumstances will a voice message be an acceptable form of absence notification. The supervisor must be contacted each subsequent day of absence.
The employee will be asked to provide the Company with a note from their physician after three (3) consecutive days of absence due to illness. Medical certifications must either be provided in person to the HR Department or faxed to the HR Department at 817-527-2771. If faxed (either by the employee or the Dr.’s office), it is the responsibility of the employee to verify receipt that the Dr.’s Certification has been received. Andrews Logistics reserves the right to deny paid time off for an employee who does not follow the correct procedure for calling in, as stated above.
Use
Sick leave may be taken for personal illness, emergency, or disability, or for a family-care leave purpose as described in Andrews Logistics' family-care and medical-leave policy.
Half of an employee's annual sick leave may be taken for the care of a sick child, parent, spouse, registered domestic partner, or the child of a registered domestic partner.
Hours absent for medical and dental appointments will be treated as sick leave.
New employees who are absent due to illness or disability during their training periods will not be compensated.
The Company retains the right to request verification from a licensed health-care provider for all absences due to illness or disability. Sick pay may be withheld if a satisfactory verification is not received.
Sick leave will not accrue during any leave of absence.
Pay in Lieu of Sick Leave
No employee will receive pay in lieu of sick leave under any circumstances, and employees will not receive pay for unused sick leave on termination of employment.
Sick Leave Increments
For non-exempt employees, sick leave must be taken by eligible employees in at least one hour.
For exempt employees, sick leave must be taken by eligible employees in at least one hour increments.
Enforced Sick Leave
Many common diseases/illnesses such as colds and the flu are communicable and are not otherwise protected medical or physical conditions under the law. Employees are encouraged to exercise discretion in determining if their condition is likely to affect the health of those around them in the workplace and call in sick when appropriate; accommodations to cover pending work will be made when needed. If a supervisor reasonably suspects based on objective criteria that an employee may be suffering from one of these common conditions, they may require an employee to go home if in the supervisor’s opinion the
individual is not only jeopardizing the individual’s health, but also greatly increasing the possibility of affecting the health of other employees. Such absence will be charged against accrued PTO, if available; if not, it may be charged to vacation leave or leave of absence without pay.
Medical Certification
The Company may request a certification from a licensed medical practitioner for any absence due to illness or disability. Certification is always required in the case of absence of three (3) or more days, or when an employee requests intermittent or reduced schedule time-off due to a serious health condition.
Before returning to work from a sick leave absence of three (3) calendar days or more, an employee must provide a physician’s verification that they may safely return to work.
The Company provides a paid absence benefit under the following circumstances. The employee's benefit status will not be altered during a paid leave of absence. All paid leaves must be approved, in advance of the leave, by the employee's supervisor.
Voting Time Off (Non-Exempt)
The Company provides all regular, full-time non-exempt employees up to two (2) hours paid time off to vote in a statewide primary or general election if the employee does not have time to vote outside of working hours. Any additional time off shall be without pay.
The Supervisor must be notified two (2) days in advance when an employee intends to take voting time off. Such time should occur at the beginning or end of the employee's regular work shift, unless otherwise approved by the Supervisor.
Bereavement Leave (Excluding Drivers)
The Company provides regular, full-time employees Regular Full-Time employees
up to three (3) working days leave. Andrews Logistics defines “immediate family” as the employee’s spouse, parent, child, sibling, grandparents, grandchildren, or in-laws of the same. If bereavement leave is approved by Supervisor and taken while on vacation, that time will not be charged as vacation time.
Andrews Logistics provides family-care and medical leave in accordance with the federal Family and Medical Leave Act; pregnancy disability leave; disability leave for a workplace injury or as required to reasonably accommodate employees with a qualified disability; Family Military leave, and leave for other legally required absences as set forth below. Employees having any questions regarding this policy should contact the HR Department.
Medical certifications for any medically-related leave must either be provided in person to the HR Department or emailed to the HR Department. If emailed (either by the employee or the Dr.’s office), it is the responsibility of the employee to verify receipt that the Dr.’s Certification has been received.
Eligibility
To be eligible for family-care and medical leave, an employee must (1) have worked for Andrews Logistics for at least twelve (12) months prior to the date on which the leave is to commence; and (2) have worked at least 1,250 hours in the twelve (12) months preceding the leave. However, employees who work at a location where the Company employs fewer than fifty (50) persons within seventy-five (75) miles are not eligible for family-care and medical leave.
Permissible Uses of Family-Care and Medical Leave
Family-care leave may be requested for (1) the birth or adoption of an employee's child; (2) the placement of a foster child with the employee; (3) the serious health condition of an employee's child, spouse, registered domestic partner or parent; or (4) any qualifying exigency (as defined by the Department of Labor) arising out of any active duty service member or veteran (as defined below) of the family. Medical leave may be requested for an employee's own serious health condition. A serious health condition is one that requires either in-patient care in a medical facility or continuing treatment or supervision by a health-care provider.
The definition of “son and daughter” under the Family and Medical Leave Act (FMLA) has been expanded to include any employee who assumes the role of caring for a child, and receives the same parental rights to family leave regardless of the legal or biological relationship. This interpretation applies to nontraditional families, including unmarried partners and families in the lesbian-gay-bisexual-transgender (LGBT) community.
Military Caregiver Leave
An employee who is the spouse, child, parent or next of kin of any active service member who incurred a serious injury or illness during military service, or veteran who was injured in the line of duty and medical treatment is received within five years of serving in the military, may request an extended leave to care for the injured service member or veteran. Employees may take up to 26 weeks of leave in a year total (includes the 12 weeks of family-care and medical leave taken for other permissible uses). “Serious injury or illness” includes the aggravation of an existing or pre-existing injury. “Next of kin” is defined as a service member’s “nearest blood relative.” This leave is a one-time-only entitlement and is only available during a single 12-month period.
Qualifying Exigency Leave
Qualifying exigency leave is available for families of all covered active duty and veteran service members.
An employee whose spouse, son, daughter or parent either has been notified of an impending call or order to active military duty or is already on active duty may take up to 26 weeks of leave for reasons related to or affected by the family member's call-up or service.
The qualifying exigency must be one of the following: 1) short-notice deployment, 2) military events and activities, 3) child care and school activities, 4) financial and legal arrangements, 5) counseling, 6) rest and recuperation, 7) post-deployment activities or 8) additional activities that arise out of active duty, as long as the employer and employee agree, including agreement on timing and duration of the leave.
The leave may commence as soon as the individual receives the call-up notice. (Son or daughter for this type of FMLA leave has the same meaning as child for other types of FMLA leave, except that the person need not be a minor.) This type of leave is counted toward the employee's 12-week maximum of FMLA leave in a 12-month period.
If the service member is a veteran (any member of the Armed Forces including the National Guard or Reserves), covered family members are eligible for up to 26 weeks of leave to care for the veteran family member who is undergoing medical treatment, recuperation or therapy for a serious injury or illness, at any time during the five years preceding the date of treatment, recuperation or therapy.
Leave for Substance Abuse Treatment
Substance abuse may be considered a serious health condition if it satisfies the definition of serious health condition under FMLA regulations, provided, however, that employees may only take leave for substance abuse if the employee is undergoing treatment by a healthcare provider. Absences because of the employee's use of the substance, not the treatment, do not qualify as FMLA.
Treatment for substance abuse does not prevent the Company from taking employment action against an employee for violating the Company’s Drug-Free Workplace policy.
Employees may also request FMLA leave to care for a covered family member who is receiving treatment for substance abuse, if it satisfies the definition of serious health condition under FMLA regulations.
Substitution of Paid Leave for Family-Care and Medical Leave
Employees are required to substitute available accrued vacation time and other paid personal leave (except sick leave) for all family-care leaves, except for Pregnancy Disability (see Pregnancy Disability Leave section). Employees are required to substitute sick leave only for medical leaves. Employees may elect to substitute sick leave for other types of family-care leave.
Amount of Leave
Provided all the conditions of this policy are met, an employee may take a maximum of twelve (12) weeks of family-care and medical leave in a rolling 12-month period measured backwards from the date the employee's leave commences.
An eligible employee may take up to 26 weeks for military caregiver leave during a single 12-month period. For this military caregiver leave, the Company measures the 12-month period as a rolling 12-month
period measured forward. FMLA leave already taken for other FMLA circumstances is deducted from the total of 26 weeks available.
If a husband and wife both work for the Company and each wishes to take leave for the same circumstance, the husband and wife may take only a combined total of 12 weeks of leave. If a husband and wife both work for the Company and each wishes to take leave to care for the same covered injured or ill service member, the husband and wife may take only a combined total of 26 weeks of leave.
The substitution of paid leave for family-care or medical leave does not extend the total duration of family-care and medical leave to which an employee is entitled to beyond twelve (12) weeks in a 12-month period. For example, if an employee has accrued four (4) weeks of unused vacation time at the time of the request for family care or medical leave, that vacation time will be substituted for the first four (4) weeks of family-care or medical leave, leaving up to eight (8) additional weeks of unpaid leave.
Family-care leave taken for the birth, adoption or foster-care placement of a child generally must be taken in blocks of at least two (2) weeks' duration; however, Andrews Logistics will provide employees with family-care leave for birth, adoption, or foster care placement for less than two (2) weeks' duration on any two (2) occasions. Family care leaves for the birth, adoption or foster-care placement of a child must be concluded within one (1) year of the birth, adoption or placement.
Parents who are both employed by the Company may take a maximum combined total of twelve
(12) weeks of family care leave in a 12-month period for the birth, adoption or foster care of their child. Family-care or medical leave for the employee's own serious health condition or for the serious health condition of the employee's spouse, registered domestic partner, parent or child may be taken intermittently or on a reduced schedule where medically necessary. If leave is taken intermittently or on a reduced schedule, the Company retains the discretion to transfer the employee temporarily to an alternative position with equivalent pay and benefits that better accommodates the employee’s leave schedule.
Effect on Benefits
An employee taking family-care or medical leave will be allowed to continue participating in the Company’s group health plans, retirement plans and other benefit programs in which they were enrolled prior to the first day of the leave, up to a maximum of twelve (12) work weeks (26 workweeks if the leave is to care for a covered service member or veteran), and at the level and under the conditions of coverage as if they had continued in employment for the duration of such leave. During an employee’s family-care leave, Andrews Logistics shall continue to make the same premium contribution as if the employee had continued working. The continued participation in health benefits begins on the date leave first begins.
The employee is responsible for paying the Company for the employee’s portion of benefit plans and programs. The employee is also responsible prior to the start of any leave for making arrangements for submitting payment to the Company when payroll deductions are not possible. Employees should contact the HR Department for more information.
If the leave extends beyond twelve (12) weeks (26 weeks if the leave is to care for a covered service member or veteran),or if the employee is not eligible for a family-care or medical leave, the employee will be responsible for the full cost of the employee’s group health coverage, and will be required to reimburse the Company for the full cost of plan premiums each month beyond the twelve (12) weeks (26 workweeks if the leave is to care for a covered service member or veteran).
If, after the 12 week period (26 workweeks if the leave is to care for a covered service member or veteran), the employee fails to reimburse the Company for their benefit premiums while on leave, the employee will then be offered COBRA continuation coverage.
If the employee fails to return from the leave for a reason other than the recurrence or continuation of the health condition that brought about the leave or other circumstances beyond the employee's control,
the Company can recover any health premiums paid by Andrews Logistics on the employee's behalf during any unpaid periods of the leave.
Employees on family-care leave will continue to accrue benefits only if the employee would otherwise be entitled to such accrual. No accrual benefits will be earned beyond twelve (12) weeks of an authorized leave (26 workweeks if the leave is to care for a covered service member or veteran).
If an employee is on intermittent leave or modified duty and is working a part time or lesser schedule, the Company will not reduce the employee's benefits or pay. The employee will retain the same level of benefits and pay they had prior to the intermittent leave or pre-modified duty position.
Procedure for Requesting Family-Care and Medical Leave
Notice Requirements
Employees should notify Andrews Logistics of their request for family-care or medical leave as soon as they are aware of the need for such leave. For foreseeable events, if possible, the employee must provide thirty (30) calendar days' advance notice to the Company of the need for family-care or medical leave. For events that are unforeseeable thirty (30) days in advance, but are not emergencies, the employee must notify the Company as soon as they learn of the need for the leave, ordinarily no later than one (1) to two (2) working days after the employee learns of the need for the leave. If the leave is requested in connection with a planned, non-emergency medical treatment, the employee may be requested to reschedule the treatment so as to minimize disruption of Andrews Logistics’ business.
If an employee fails to provide the requisite 30-day advance notice for foreseeable events without any reasonable excuse for the delay, the Company reserves the right to delay the taking of the leave until at least thirty (30) days after the date the employee provides notice of the need for family-care or medical leave.
All requests for family-care or medical leave should include the anticipated date(s) and duration of the leave. Any requests for extensions of a family-care or medical leave must be received at least five (5) working days before the date on which the employee was originally scheduled to return to work and must include the revised anticipated date(s) and duration of the family-care or medical leave.
Medical Certification
Any request for medical leave for an employee's own serious health condition or for family-care leave to care for a child, spouse, registered domestic partner, or parent with a serious health condition must be supported by medical certification from a health-care provider. For foreseeable leaves, employees must provide the required medical certification before the leave begins. When this is not possible, employees must provide the required certification within fifteen (15) calendar days after the employee’s request for leave unless it is not practicable under the circumstances to do so. Failure to provide the required medical certification may result in the denial of foreseeable leaves until such certification is provided. In the case of unforeseeable leaves, failure to provide the required medical certification within fifteen (15) days of being requested to do so may result in a denial of the employee's continued leave. If certification is never received, the leave may not be considered family/medical leave. Any request for an extension of the leave also must be supported by an updated medical certification.
The Company shall advise an employee whenever it finds the certification to be incomplete or insufficient, and shall state in writing what additional information is needed to make the certification complete or sufficient. A certification is considered incomplete if the Company receives a certification, but one or more of the applicable entries have not been completed. The Company will provide the employee with seven (7) calendar days (unless not practicable under the particular circumstances despite the employee's good faith efforts) to cure any such deficiency.
The medical certification for a child, spouse, registered domestic partner or parent with a serious health condition shall include (a) the date on which the serious health condition commenced; (b) the probable duration of the condition; (c) the health-care provider's estimate of the amount of time needed for family care; (d) the health-care provider's assurance that the health-care condition warrants the participation of the employee to provide family care; and (e) in the case of intermittent or reduced-schedule leave where medically necessary, the probable duration of such a schedule.
The medical certification for leave for the employee's own serious health condition shall include (a) the date on which the serious health condition commenced; (b) the probable duration of the condition; (c) a statement that, due to the serious health condition, the employee is unable to perform the functions of their position; and (d) in the case of intermittent leave or reduced-schedule leave where medically necessary, the probable duration of such a schedule. In addition, the certification may, at the employee's option, identify the nature of the serious health condition involved. If Andrews Logistics has reason to doubt the validity of the certification provided by the employee, the Company may require the employee to obtain a second opinion from a doctor of the Company’s choosing at Andrews Logistics’ expense. If the employee's health-care provider and the doctor providing the second opinion do not agree, the Company may require a third opinion, also at Andrews Logistics’ expense, performed by a mutually agreeable doctor who will make a final determination.
Medical certifications for any medically-related leave must either be provided in person to the HR Department or emailed to the HR Department. If emailed (either by the employee or the Dr.’s office), it is the responsibility of the employee to verify receipt that the Dr.’s Certification has been received.
Certification of Military Family Leave
The Company requires certification of the qualifying exigency for military family leave, or for the serious injury or illness of the covered service member, or for a veteran family member who was injured in the line of duty and medical treatment is received within five years of serving in the military. The employee must respond to such a request within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave.
Effect on Reinstatement
Employees returning from family care or medical leave are entitled to reinstatement to the same or comparable position consistent with applicable law and subject to any applicable defense (including but not limited to, business hardship). The Company retains the right to deny reinstatement to employees who are among the highest paid 10 percent (10%) of Andrews Logistics’ employees and whose reinstatement would cause substantial and grievous economic injury to the Company’s operations.
Before permitting the employee to return to work, Andrews Logistics also may require the employee to provide medical certification that they are able to return to work.
Modified Duty
Time spent performing modified or “light duty” work does not count against an employee’s FMLA leave entitlement and the employee’s right to restoration is held in abeyance during the period of time the employee performs light duty (or until the end of the applicable 12-month FMLA leave year). If an employee is voluntarily performing a light duty assignment, the employee is not considered to be on FMLA leave.
Temporary Transfers
Employees who request a temporary transfer for medical and/or family medical leave reasons will be considered for that transfer if a position exists at the time the transfer is requested and the employee is qualified to perform the job. The employee will be paid in accordance with the responsibilities and duties of the temporary job.
Fitness-For-Duty Certifications
The Company requires employees who take FMLA leave to provide a “fitness-for-duty” certification that they are able to resume work. The purpose of this certification is to certify the employee’s ability to perform the essential functions of the employee’s job. Additionally, where reasonable job safety concerns exist, the Company may require a fitness-for-duty certification when the employee takes intermittent leave.
Restrictions on Designated Time Off
Employees are not permitted to use an approved FMLA leave of absence for personal vacation or leisure time. The sole purpose of a designated FMLA leave is to provide job protected leave to address serious medical issues for the employee or qualified family member and not for additional personal time off for a vacation or personal leave. Any other use of a designated FMLA leave of absence is grounds for immediate termination of employment.
Eligibility and Duration
Any employee who is disabled due to pregnancy, childbirth or related conditions may take up to 12 weeks of pregnancy-related disability leave.
Temporary Transfer before Childbirth
Any employee affected by pregnancy is entitled to transfer temporarily to a less strenuous or hazardous position or to less strenuous or hazardous duties if the transfer is medically necessary and the transfer can be reasonably accommodated.
Substitution of Paid Leave for Pregnancy-Related Disability Leave
An employee taking pregnancy-related disability leave must substitute any available sick pay for her leave and may, at her option, substitute any available accrued vacation time for her leave. The substitution of paid leave for pregnancy-related disability leave does not extend the total duration of the leave to which an employee is entitled.
Effect on Benefits
Employees on a pregnancy disability leave shall maintain health insurance benefits up to three months, as long as they are medically disabled.
An employee taking pregnancy disability leave will be allowed to continue participating in the Company’s group health plans, retirement plans and other benefit programs in which she was enrolled prior to the first day of the leave, up to a maximum of three months and at the level and under the conditions of coverage as if she had continued in employment for the duration of such leave. During an employee’s pregnancy disability leave, Andrews Logistics shall continue to make the same premium contribution as if the employee had continued working. The continued participation in health benefits begins on the date leave first begins.
The employee is responsible for paying the Company for the employee’s portion of benefit plans and programs. The employee is also responsible prior to the start of any leave for making arrangements for submitting payment to the Company when payroll deductions are not possible. Employees should contact the HR Department for more information.
If, after the disability period ends or the employee fails to reimburse the Company for their benefit premiums while on leave, the employee will then be offered COBRA continuation coverage.
Employees on pregnancy disability leave accrue employment benefits when paid leave is being substituted for unpaid leave and only if the employee would otherwise be entitled to such accrual.
a) Medical Certification
Any request for pregnancy disability leave must be supported by medical certification from a health-care provider. For foreseeable leaves, employees must provide the required medical certification before the leave begins. When this is not possible, employees must provide the required certification within fifteen
(15) calendar days after Andrews Logistics' request for certification unless it is not practicable under the circumstances to do so. Failure to provide the required medical certification may result in the denial of foreseeable leaves until such certification is provided. In the case of unforeseeable leaves, failure to provide the required medical certification within fifteen (15) days of being requested to do so may result in a denial of the employee's continued leave. Any request for an extension of the leave also must be supported by an updated medical certification.
The medical certification for pregnancy disability leave shall include (a) the date on which the leave will commence; (b) the probable duration of the leave; and (c) in the case of intermittent or reduced-schedule leave, a statement that, due to the serious health condition, the employee is unable to perform the functions of her position, the probable duration of such a schedule.
Medical certifications for any medically-related leave must either be provided in person to HR Department or emailed to HR Department. If emailed (either by the employee or the Dr.’s office), it is the responsibility of the employee to verify receipt that the Dr.’s Certification has been received.
Effect on Reinstatement
Employees returning from pregnancy disability leave are entitled to reinstatement to the same or comparable position consistent with applicable law. Andrews Logistics retains the right to deny reinstatement to an employee who would not otherwise have been employed their same position at the time reinstatement is requested for legitimate business reasons unrelated to the employee taking pregnancy disability leave or transfer (such as a layoff due to a plant closure); or whose reinstatement would cause substantial and grievous economic injury to the Company’s operation.
Before permitting employees to return to work, the Company also may require employees to provide medical certification that they are able to return to work.
Other Terms and Conditions of Leave
The provisions of Andrews Logistics’ leave policy regarding the leave's effect on pay, notice requirements, medical certification requirements and reinstatement also apply to all pregnancy-related disability leaves. However for pregnancy-related disabilities, there is no process for obtaining more than one medical opinion, and there is no reinstatement exception for key employees. For the purpose of applying those provisions, an employee's pregnancy-related disability is considered to be a serious health condition.
Nursing Mothers at Work
The Company will reasonably accommodate employees who wish to express breast milk at work and provide reasonable break time for an employee to express breast milk for her nursing child, up to one
(1) year after the child's birth, for each time the employee has need to express the milk.
Employees who need to express breast milk at work should use their provided break time(s). If additional time beyond the normal paid rest break is needed, the time will be provided unpaid. Employees may choose to use their meal period to express breast milk as well.
The Company provides the use of a private place to express breast milk shielded from view and free from intrusion. When it is not practicable to provide a designated room, the Company will provide a private space with curtains or partitions and a sign or a lock that indicates when the space is in use. Please see the HR Department to make appropriate arrangements.
Eligibility and Duration
An employee is eligible for a workers’ compensation disability leave under the Americans with Disabilities Act (ADA) if they sustain an injury or illness that results in lost work time and the injury/illness is deemed to be job-related, arising out of employment, and occurs in the course of employment.
Notification
To ensure that you receive any workers’ compensation benefits to which you may be entitled, you are required to do the following if you sustain a work-related injury or illness:
Immediately report any work-related injury or illness to your supervisor.
Complete a written Employee’s Claim Form (First Report of Injury) and return it to the Safety Department.
Effect on Benefits
An employee on a workers’ compensation disability leave will be allowed to continue participating in the Company’s group health plans, retirement plans and other benefit programs in which they were enrolled prior to the first day of the leave, up to a maximum of four (4) months, and at the level and under the conditions of coverage as if they had continued in employment for the duration of such leave. During an employee’s workers’ compensation disability leave, Andrews Logistics shall continue to make the same premium contribution as if the employee had continued working. The continued participation in health benefits begins on the date leave first begins.
The employee is responsible for paying the Company for the employee’s portion of benefit plans and programs. The employee is also responsible prior to the start of any leave for making arrangements for submitting payment to the Company when payroll deduction is not possible. If prior arrangement is not possible, the employee should make payment arrangement as soon as it is feasible to do so. Employees should contact the HR Department for more information.
If the leave extends beyond four (4) months, the employee will be responsible for the full cost of the employee’s group health coverage, and will be required to reimburse the Company for the full cost of plan premiums each month beyond the four (4) months.
If, after the four (4) month period, the employee fails to reimburse the Company for their benefit premiums while on leave, the employee will be offered COBRA continuation coverage.
If the employee fails to return from the leave for a reason other than the recurrence or continuation of the health condition that brought about the leave or other circumstances beyond the employee's control, the Company can recover any health premiums paid by Andrews Logistics on the employee's behalf during any unpaid periods of the leave.
Employees on workers’ compensation disability leave accrue employment benefits when paid leave is being substituted for unpaid leave and only if the employee would otherwise be entitled to such accrual.
Effect on Reinstatement
Employees returning from workers’ compensation disability leave are entitled to reinstatement to the same or comparable position consistent with applicable law and subject to any applicable defense (including but not limited to, business hardship). Additional rights to reinstatement may exist if the employee is a qualified person with a disability under the Americans with Disabilities Act (ADA) and the employee can perform the "essential functions" of a position with or without "reasonable accommodation," unless that reinstatement would cause "undue hardship" or constitute a "direct threat" to the health and safety of coworkers or the employer.
Before permitting employees to return to work, Andrews Logistics also may require employees to provide medical certification that they are able to return to work.
Other Terms and Conditions of Leave
Employees who are injured in a work-related incident will be referred to the Company’s medical clinic for medical treatment for up to thirty (30) days, unless prior to a work-related injury, Andrews Logistics has received from the employee a written notice that the employee wishes to be treated by their own physician. In all cases, employees may seek treatment from their own physician after thirty (30) days, should they so desire.
If the employee has pre-designated a physician for work-related injuries/illnesses, the employee must provide Andrews Logistics with certification from their health care provider regarding the need for workers’ compensation disability leave, as well as a return-to-work-certification upon your eventual return from the leave.
Employees are not permitted to use a medical leave of absence for personal vacation or leisure time. The sole purpose of a designated medical leave is to provide job protected leave to address serious medical issues, not for additional time off for a vacation or personal leave. Any other use of a designated medical leave of absence is grounds for immediate termination of employment.
Any person who makes or causes to be made any knowingly false or fraudulent material statement or material misrepresentation for the purpose of obtaining or denying workers’ compensation benefits or payments is guilty of a felony. A violation of this law is punishable by imprisonment, a fine not exceeding double the value of the fraud or both. Additional civil penalties may also apply.
In addition to medical, pregnancy-related disability, and workplace injury leaves described above, employees may take a temporary disability leave of absence if necessary to reasonably accommodate an ADA-qualified disability. Any disability leave under this section may run concurrently with any medical leave to which the employee is entitled under this policy.
Employees taking disability leave must comply with the family-care and medical-leave provisions regarding substitution of paid leaves, notice and medical certification. For the purpose of applying these provisions, a disability leave will be considered to be medical leave.
The duration of a leave under this section shall be consistent with applicable law, but in no event shall the leave extend past the date on which an employee becomes capable of performing the essential functions of their position, with or without reasonable accommodation. For a full explanation of leave duration and reinstatement rights, employees should contact the HR Department.
Family Military Leave allows qualified employees (those working at least 20 hours a week providing services for hire, but not independent contractors) up to 10 days of unpaid leave if the employee’s spouse or domestic partner is a “qualified member” on leave from deployment.
This leave does not bar a qualified employee from taking any other leave that the employee would otherwise be entitled to take, and an employer may not retaliate against a qualified employee for taking this leave.
A “qualified member” is a person who is a member of the Armed Forces of the United States who has been deployed during a period of military conflict to an area designated as a combat theater or combat zone by the President of the United States, or a member of the National Guard or Reserves who has been deployed during a period of military conflict. The leave must take place during a period in which the qualified member is on leave from deployment. The qualified employee must submit written documentation to the employer certifying that the qualified member will be on leave from deployment during the time the leave provided for is requested.
Employees will be granted a leave of absence as required by law for the purpose of fulfilling any required legal or military obligation, including:
Jury duty
Appearance as a witness in a legal proceeding
School visits for a suspended child
Leave for a domestic violence and sexual assault victim
Leave for employees who are victims of a violent or serious felony, or a felony involving theft or embezzlement, or to attend judicial proceedings related to the crime. (Also applies if the victim is a member of the employee’s immediate family or is the employee’s registered domestic partner or partner’s child).
Leave for victims of a hate crime
Military-reserve duty
Performance of emergency duty by a volunteer firefighter
Volunteer civil service leave
Employees, who are called for jury duty, or any related judicial proceedings, are required to provide reasonable advance notice of any need for such leave. Employees are expected to return to work each day or portion of the day that they are not selected for jury duty, or related judicial proceedings.
For non-exempt employees, this leave will be unpaid. For exempt employees, salary during leave will be offset by any amounts received as witness fees or as military pay, and no salary will be paid for workweeks in which no Company work is performed.
After all legally required leaves have been exhausted, the employee will be classified as Inactive Status. At that time, the Company will review the employee’s employment status. Due to business necessity or other circumstances, there will be times when positions cannot be held open and, therefore, the Company does not guarantee reinstatement. Depending on the circumstances of the employee’s need for additional leave and the expected date of return from leave, the Company will evaluate the employee’s continued employment in order to operate its business effectively and efficiently.
Policy
Employees are expected to observe certain standards of job performance and good conduct. When performance or conduct does not meet Company standards, Andrews Logistics will endeavor when it deems appropriate to provide the employee a reasonable opportunity to correct the deficiency. If, however, the employee fails to make the correction, they may be subject to discipline including termination.
The rules set forth below are intended to provide employees with fair notice of what is expected of them. Necessarily, however, such rules cannot identify every type of unacceptable conduct and performance. Therefore, employees should be aware that conduct not specifically listed below but which adversely affects or is otherwise detrimental to the interests of the Company, other employees or customers may also result in disciplinary action. Nothing in these rules is intended to modify the at-will nature of your employment with the Company.
Job Performance
Employees may be disciplined for poor job performance, including but not limited to the following:
Unsatisfactory work quality or quantity;
Poor attitude (for example: rudeness or lack of cooperation);
Excessive absenteeism, tardiness, or abuse of break and lunch privileges;
Failure to follow instructions or Company procedures; or
Failure to follow established safety regulations.
Misconduct
Employees may be disciplined for misconduct, including but not limited to the following:
Insubordination;
Dishonesty;
Theft;
Discourtesy;
Misusing or destroying Company property or the property of another on Company premises;
Violating conflict-of-interest rules;
Disclosing or using confidential or proprietary information without authorization;
Falsifying or altering Company records, including the application for employment;
Interfering with the work performance of others;
Altercations;
Harassing, including sexually harassing, employees or customers;
Being under the influence of, manufacturing, dispensing, distributing, using, or possessing alcohol or illegal or controlled substances on Company property or while conducting Company business;
Gambling on Company premises or while conducting Company business;
Sleeping on the job or leaving the job without authorization;
Illegally possessing a firearm or other dangerous weapon on Company property or while conducting Company business; or
Being convicted of a crime that indicates unfitness for the job or raises a threat to the safety or well-being of the Company, its employees, customers or property; or
Failing to report to the Company within 3 days of any conviction under any felony drug statute.
Attendance and Punctuality
In addition to the general rules stated above, employees may be disciplined for failing to observe the following specific requirements relating to attendance:
Reporting to work on time, observing the time limits for rest and lunch periods, and obtaining approval to leave work early; and
Notifying the supervisor in advance of anticipated tardiness or absence.
Discipline Procedure
Except as set forth below, discharge for poor performance ordinarily will be preceded by a verbal warning and a written warning.
Andrews Logistics reserves the right to proceed directly to a written warning or to termination for misconduct or performance deficiency without resorting to prior disciplinary steps when the Company deems such action appropriate. Nothing in these rules is intended to modify the at-will nature of your employment with the Company.
Policy
Andrews Logistics promotes a workforce in which employees conduct themselves and perform their duties with one another, business partners and customers, and others with whom they do business in a highly professional manner. The Company employees are the face of the organization and, as a result, employee actions directly impact Andrews Logistics’ ability to fulfill its mission.
Intent
This policy is intended to focus Andrews Logistics’ staff on their duties and responsibilities, provide guidance to help them recognize and deal with ethical issues, provide mechanisms to report unethical conduct, and to foster a culture of honesty and accountability.
Accountability
Every employee is expected to know and comply with both the letter and the spirit of this policy. Provisions contained herein should be read in conjunction with other Company policies including Conflict of Interest, Rules of Conduct, Confidential Information and Non-Disclosure.
Code
Andrews Logistics’ Business and Ethical Code of Conduct require employees to maintain the following standards in dealing with staff, business partners, customers, and business associates.
All Company employees agree to:
Always conduct themselves to the highest levels of ethics, integrity, accountability, and responsibility.
Maintain and act in accordance with Company values.
Act in Andrews Logistics’ best interest in fulfilling its mission and take care to avoid the potential or appearance of conflict of interest. A conflict of interest is defined as any circumstance that impedes an employee’s ability to act with total objectivity with regard to the Company’s interest.
Comply with all laws and by-laws of the U.S.
Exercise honesty and candor in every activity including compliance with the spirit as well as the letter of the law. Employees are encouraged to address and resolve issues directly, discretely, and expeditiously.
Preserve and protect confidential information, agreements or materials from unauthorized disclosure and use. Protected information includes, but is not limited to, nonpublic information, database technologies and associated data including reports, notes, records, electronic communications or other materials and communications containing confidential information.
Respect all copyrights, agreements, work, intellectual property and trademarks and comply with all laws covering such areas.
Exercise appropriate care, discretion and integrity in dealing with assets and information of Andrews Logistics, its customers, vendors and business partners. Maintain the confidentiality of information obtained in the course of conducting business. Share confidential information on a need-to-know basis only. If required, obtain permission from business partners and customers prior to any disclosures.
Refrain from offering professional information or advice that you know to be confidential, misleading, or where the accuracy is beyond your competence to assess.
Disclose information to employees and/or business associates as necessary to keep them informed of issues or business transactions that may directly impact them.
Use discretion in handling personal, business or financial matters, and serve as a good steward when handling Company and its business associates’ resources. Be honest and above reproach in brokering business transactions and promote transparency of decisions.
Avoid any action or behavior that would harm or embarrass Andrews Logistics or its business partners and customers. Maintain organizational and personal integrity by refraining from inappropriate behavior on and off of the Company’s premises. Maintain the good reputation of Andrews Logistics in general.
Enhance diversity by supporting an environment that recognizes the value and worth of all individuals, treating others with respect and courtesy, and complying with the Company’s zero tolerance policy for acts of harassment, discrimination, and/or intimidation.
Treat all clients and potential clients with absolute dignity, confidentiality, and respect.
Represent true levels of status, title, competence, and experience in order not to mislead, misrepresent, or defraud. Make no claims or implications of outcomes that cannot be demonstrated or guaranteed.
Clearly state to clients and potential clients the terms of any agreement including the expectations of both parties.
Ensure that all advertisements and promotional materials, whether verbal or written, are legal, decent, truthful, honest, and in compliance.
Responsibility
Every employee is responsible for their own actions. If you are not sure whether a particular action is proper or ethical use the “public disclosure test”, i.e., “If my actions were reported on the front page of a major newspaper, would I or my Company be embarrassed by the communications?” If the answer is “yes”, the action should not be taken. As a Andrews Logistics employee, you should always:
Act in the best interests of the Company in fulfilling your role and performance obligations to the organization.
Protect the welfare and interests of the Company
Reflect the role of “honest broker” in dealing with business partners, vendors, customers, cand potential customers.
Reporting
No code or policy can anticipate every situation that might arise. Accordingly, this Code is intended to serve as a source of guiding principle for Andrews Logistics’ staff. Employees are encouraged to bring questions about particular circumstances to the CFO, or to their supervisor for guidance or clarification, and report any suspected wrongdoing, fraudulent, dishonest, or improper conduct. Accordingly, any breach or violation of the Company’s Business and Ethical Code of Conduct should be reported immediately to the above individuals. The Company will treat reports seriously, investigate as required, and take appropriate action to maintain a workplace based on high standards of conduct.
Employees are expected to devote their best efforts and attention to the full-time performance of their jobs. They are expected to use good judgment, to adhere to high ethical standards and to avoid situations that create an actual or potential conflict between the employee's personal interests and the interests of Andrews Logistics. A conflict of interest exists when the employee's loyalties or actions are divided between The Company's interests and those of another, such as a competitor, supplier or customer. Both the fact and the appearance of a conflict of interest should be avoided. Employees unsure if a certain transaction, activity or relationship constitutes a conflict of interest should discuss it with their immediate supervisor or the HR Department for clarification. Any exceptions to this guideline must be approved in writing by the CFO.
While it is not feasible to describe all possible conflicts of interest that could develop, some of the more common conflicts, from which employees should refrain, include the following:
Accepting personal gifts or entertainment from competitors, customers, suppliers, or potential suppliers;
Working for a competitor, supplier, or customer;
Engaging in self-employment in competition with the Company;
Using proprietary or confidential Company information for personal gain or to Andrews Logistics' detriment;
Having a direct or indirect financial interest in or relationship with a competitor, customer or supplier, except that ownership of less than 1 percent (1%) of the publicly traded stock of a corporation will not be considered a conflict;
Developing a personal relationship with a subordinate employee of Andrews Logistics that might interfere with the exercise of impartial judgment in decisions affecting the Company or any employees of the Company.
Using Company assets or labor for personal use;
Acquiring any interest in property or assets of any kind for the purpose of selling or leasing it to Andrews Logistics; or
Committing the Company to give its financial or other support to any outside activity or organization
If an employee or someone with whom an employee has a close relationship (a family member or close companion) has a financial or employment relationship with a competitor, customer, supplier or potential supplier, the employee must disclose this fact in writing to the CFO. Employees should be aware that if they enter into a personal relationship with a subordinate employee or with an employee of a competitor, supplier or customer, a conflict of interest may exist, which requires full disclosure to Andrews Logistics.
Part-time employees may engage in outside employment, provided they disclose such employment and get written approval from their immediate supervisor. Failure to adhere to this guideline (including failure to disclose any conflicts or to seek an exception) will result in discipline up to and including termination of employment.
Andrews Logistics strongly believes that a work environment where employees maintain clear boundaries between employee personal and business interactions is necessary for effective business operations. Although this policy does not prevent the development of friendships or romantic relationships between co-workers, it does establish boundaries as to how relationships are conducted during working hours and within the working environment.
Individuals in supervisory or managerial roles, and those with authority over others’ terms and conditions of employment, are subject to more stringent requirements under this policy due to their status as role models, their access to sensitive information, and their ability to affect the employment of individuals in subordinate positions.
This policy does not preclude or interfere with the rights of employees protected by the National Labor Relations Act or any other applicable statute concerning the employment relationship.
Procedures:
During working time and in working areas, employees are expected to conduct themselves in an appropriate workplace manner that does not interfere with others or with overall productivity.
During nonworking time, such as lunches, breaks, and before and after work periods, employees engaging in personal exchanges in nonwork areas should observe an appropriate workplace manner to avoid offending other workers or putting others in an uncomfortable position.
Employees are strictly prohibited from engaging in physical contact that would in any way be deemed inappropriate in the workplace by a reasonable person while anywhere on company premises, whether during working hours or not.
Employees who allow personal relationships with co-workers to adversely affect the work environment will be subject to Andrews Logistics’ disciplinary policy, including counseling for minor problems. Failure to change behavior and maintain expected work responsibilities is viewed as a serious disciplinary matter.
Employee off-duty conduct is generally regarded as private, as long as such conduct does not create problems within the workplace. An exception to this principle, however, is romantic or sexual relationships between supervisors and subordinates.
Any supervisor, manager, executive or other company official in a sensitive or influential position with Andrews Logistics must disclose the existence of a romantic or sexual relationship with another co-worker. Disclosure may be made to the individual’s immediate supervisor or Human Resources. Andrews Logistics will review the circumstances to determine whether any conflict of interest exists.
When a conflict-of-interest or potential risk is identified due to a company official’s relationship with a co-worker, Andrews Logistics will work with the parties involved to consider options for resolving the problem. The initial solution may be to make sure the parties no longer work together on matters where one is able to influence the other or take action for the other. Matters such as hiring, firing, promotions, performance management, compensation decisions and financial transactions are examples of situations that may require reallocation of duties to avoid any actual or perceived reward or disadvantage. In some cases, other measures may be necessary, such as transfer of one or both parties to other positions or departments. If one or both parties refuse to accept a reasonable solution, such refusal will be deemed a voluntary resignation.
Failure to cooperate with Andrews Logistics to resolve a conflict or problem caused by a romantic or sexual relationship between co-workers or among managers, supervisors or others in positions of authority in a mutually agreeable fashion may be deemed insubordination and result in disciplinary action up to and including termination.
The provisions of this policy apply regardless of the sexual orientation of the parties involved.
Where doubts exist as to the specific meaning of the terms used above, employees should make judgments based on the overall spirit and intent of this policy.
Any concerns about the administration of this policy should be addressed with Human Resources.
The security of employees, employee property, and Company property is of vital importance to Andrews Logistics. All employees share responsibility to ensure that proper security is maintained.
Proprietary and Confidential Information
Employees must not use or disclose any proprietary or confidential information they obtain during employment with Andrews Logistics except as required by their jobs. This obligation remains even after an employee's employment relationship with the Company ends. If an employee is in a position that gives them access to particularly sensitive information, the employee might be required to sign a written nondisclosure agreement. In addition, all employees must observe good security practices. They are expected to keep proprietary and confidential information secure from outside visitors and all other persons who do not have a legitimate reason to see or use such information.
Company rules regarding document control, restricted access to areas of the facility and other such procedures must be strictly observed by each employee. Failure to adhere to Company policies regarding proprietary and confidential information will be considered grounds for discipline including dismissal.
Obligations on Termination
On termination of employment, whether voluntary or involuntary, all Company documents, whether in hard copy or electronic format, and other tangible Company property in the employee's possessions or control must be returned to Andrews Logistics.
Security Regulations
The VP of Safety maintains and disseminates a security-procedures manual, which specifically sets out Andrews Logistics' rules and regulations for maintaining control of entrances, exits, restricted areas, document control, and record keeping. Specific regulations regarding the protection of Company property, traffic throughout the facilities and designation of restricted areas are issued by VP of Safety and posted on Company bulletin boards. Employees are expected to abide by these regulations.
Andrew Logistics is committed to providing a workplace free of sexual harassment based on race, color, creed, religion, gender (including pregnancy, childbirth, or related medical conditions), national origin, ancestry, age, physical or mental disability, medical condition including genetic characteristics or any information based on genetic background, family-care status, veteran status, marital status, sexual orientation, gender identity or gender expression where a person’s gender-related appearance and behavior may not be stereotypically associated with the person’s assigned sex at birth, or any other consideration made unlawful by federal, state, or local laws. This also includes a perception that anyone has any of those characteristics or is associated with a person who has or is perceived as having any of those characteristics. Andrew Logistics strongly disapproves of and will not tolerate harassment of you by managers, supervisors, or coworkers. Similarly, the Company will not tolerate harassment by you or non-employees with whom Andrew Logistics employees have a business, service, or professional relationship.
Harassment includes verbal, physical, and visual conduct that creates an intimidating, offensive or hostile working environment or that interferes with work performance. Such conduct constitutes harassment when (1) submission to the conduct is made either an explicit or implicit condition of employment; (2) submission to or rejection of the conduct is used as the basis for an employment decision; or (3) the harassment interferes with your work performance or creates an intimidating, hostile or offensive work environment. Sexually harassing conduct includes unwelcome conduct such as requests for sexual favors, conversation containing sexual comments, and unwelcome sexual advances.
Any incident of harassment, including work-related harassment by any Company personnel or any other person, should be reported promptly to your supervisor or manager (or to any other member of management) or to HR Department, who is responsible for investigating the matter. Managers who receive complaints or who observe harassing conduct should inform HR Department immediately. Andrew Logistics emphasizes that you are not required to complain first to your supervisor if that supervisor is the individual who is harassing you.
Every reported complaint of harassment will be investigated thoroughly, promptly, and confidentially. Andrew Logistics will not tolerate retaliation against any employee for cooperating in an investigation or for making a good-faith complaint to HR Department or any other manager.
In the case of Company employees, if harassment is established, Andrew Logistics will immediately discipline the offender(s) according to policy. Disciplinary action for a violation of this policy can range from verbal or written warnings up to and including immediate termination depending upon the circumstances. With regard to acts of harassment by customers or vendors, corrective action will be taken after consultation with the appropriate management personnel.
The question of whether conduct is purely personal or is discriminatory in nature is one of fact. False accusations of harassment can have serious consequences for those who are wrongly accused.
Making a false accusation of harassment is a violation of policy, and can subject the accuser to disciplinary action up to and including termination. All employees are expected to act responsibly in helping the Company maintain a workplace that is free of discrimination and abuse.
In accordance with applicable law, Andrews Logistics prohibits retaliation against any employee because of the employee’s opposition to a practice the employee reasonably believes to constitute unlawful employment practices of any nature or because of the employee’s participation in an employment investigation, proceeding, or hearing. Any retaliatory adverse action because of such opposition or participation is unlawful and will not be tolerated.
A complaint about an employment practice constitutes protected opposition only if the employee communicates a reasonable good faith belief that the practice opposed constitutes an unlawful employment practice. Opposition in a manner which disrupts the workplace, or which constitutes an unlawful activity, or engaging in badgering or threatening of employees or supervisors is not protected.
As an employee, you have a right to redress for prohibited retaliation. In order to secure this right, provide a written complaint to your supervisor or Human Resources as soon as possible after any incident you feel is prohibited retaliation. Human Resources will initiate an investigation of the allegations. This investigation will be completed and a determination regarding the retaliation alleged will be made and communicated to you as soon as practical. Because of the seriousness of a complaint of unlawful retaliation, knowingly submitting or participating in a false, deceptive, or bad faith complaint will not be tolerated and may lead to disciplinary action up to and including discharge.
If Human Resources determines that prohibited retaliation has occurred, the Company will take remedial action commensurate with the severity of the offense. Action will also be taken to deter any future retaliation. Whatever action is taken will be made known to you.
The Company encourages all employees to report any incidents of retaliation forbidden by this policy immediately so that complaints can be quickly and fairly resolved.
Dress, grooming and personal cleanliness standards contribute to the morale of all employees and affect the business image Andrews Logistics presents to customers and visitors.
During business hours, employees are expected to present a clean and neat appearance and to dress according to the requirements of their positions. Consult your supervisor or department head if you have questions as to what constitutes appropriate attire.
Any employee who does not meet the standards of this policy will be required to take corrective action, which may include leaving the premises. Non-exempt employees (those employees subject to the minimum wage and overtime requirements of the Fair Labor Standards Act) will not be compensated for any work time missed because of failure to comply with this policy. Violations of this policy also will result in disciplinary action.
The Company provides uniforms to Drivers and Mechanics. These uniforms must be worn while performing your duties, and are to look clean and neat in appearance, as well as following the guidelines as described in Dress Standards. If uniforms begin to become discolored and worn, new uniforms will be replaced upon the receipt of the old uniform by your supervisor. It is the responsibility of the employees to ensure that their uniforms are returned to the terminal for weekly cleaning.
Each employee is responsible for any loss or damage to the uniforms assigned to them. If uniform replacement is necessary due to loss, or damage due to that employee’s intentional or reckless act, the employee will be asked to sign a Payroll Deduction Authorization authorizing the Company to deduct the cost for uniform replacement. If the employee unreasonably fails or refuses to replace or repay for the missing or damaged uniforms or authorize a payroll deduction, the employee may be subject to disciplinary action up to and including termination and may be subject to a civil suit for recovery of the Company’s costs.
Theft or destruction of any uniform (your own or another employee’s) may be grounds for immediate termination.
When an employee leaves the Company, they must return all uniforms and items of clothing in usable condition. If the employee fails to return all items previously issued, the employee is required to repay to the Company the cost of the uniform replacement fee for non-return or damage to any item. If the employee unreasonably fails or refuses to repay for the missing or damaged uniforms, the Company may pursue civil action for recovery of the Company’s costs.
The information in the employee's personnel file is confidential and must be kept up-to-date. The employee should inform the the HR Department immediately whenever there are changes in personal data such as address, telephone number, marital status, number of dependents, and person(s) to notify in case of emergency. The employee is also responsible for maintaining a current group life-insurance beneficiary designation.
The employee has the right to inspect their personnel file at reasonable times at a reasonable place and on reasonable notice. In addition, employees have the right to request copies of all employment-related documents they have signed. An employee may inspect only their own personnel file and only in the presence of the HR Department.
Personnel files are the property of Andrews Logistics and will remain at HQ.
Employees may engage in solicitation on Company premises only during their nonworking time.
Nonworking time means time during meals or breaks and before or after work.
Employees may distribute or circulate non-Company written materials only during nonworking time and only in non-work areas. If an employee is not certain whether an area is a work or non-work area, they should consult their immediate supervisor for clarification.
Solicitation or distribution in any way connected with the sale of any goods or services for profit is strictly prohibited anywhere on Company property at any time. Similarly, solicitation or distribution of literature for any purpose by non-employees is strictly prohibited on Andrews Logistics' property at any time.
Company bulletin boards and company televisions have been placed in several locations to inform employees of special Company activities, and changes in administration, personnel, or benefit programs. Employees are responsible for reading and understanding any information that is posted or distributed on the bulletin board. Official notices and communications are displayed on these boards and no material may be posted without management approval.
It takes the efforts of everyone working together, including visitors, to make Andrews Logistics a safe and healthy workplace. To ensure the safety of everyone, all visitors must be accompanied by a
Company escort at all times. It is the escort’s responsibility to ensure that the visitor follows the rules of conduct expected of the Company’s employees in addition to:
Following all verbal instructions and signs.
Refraining from touching or attempting to operate any machines, device, or equipment unless told to do so.
Visitors must not talk to or distract workers operating machines, devices, or equipment or engaging in safety-related functions like traffic control.
Visitors must not engage in any pranks, horseplay, contests, feats of strength, running, or rough and boisterous conduct.
All visitors must stay out of restricted areas.
Report all injuries or problems immediately, no matter how minor.
Visitors must leave through the same reception area in which they entered and sign out.
Visitors who fail to follow these policies will have their visiting privileges revoked and be asked to leave. The Company shall not be responsible for injuries visitors suffer as a result of violating these rules.
All employees are expected to keep their work areas clean and organized. People using common areas such as lunch rooms and restrooms are expected to keep them sanitary. Please clean up after meals and dispose of trash properly.
Andrews Logistics provides various Technology Resources to authorized employees to assist them in performing their job duties for the Company. Each employee has a responsibility to use the Company's Technology Resources in a manner that increases productivity, enhances Andrews Logistics' public image, and is respectful of other employees. Failure to follow the Company's policies regarding its Technology Resources may lead to disciplinary measures up to and including termination of employment. Moreover, the Company reserves the right to advise appropriate legal authorities of any violation of law by an employee.
Technology-Resources Definition
Technology Resources consist of all electronic devices, software, and means of electronic communication including, but not limited to the following: personal computers and workstations; laptop computers; mini and mainframe computers; computer hardware such as disk drives and tape drives; peripheral equipment such as printers, modems, fax machines and copiers; computer software applications and associated files and data, including software that grants access to external services such as the Internet; electronic mail; telephones; cellular phones; pagers; and voice mail systems.
Authorization
Access to Andrews Logistics' Technology Resources is within the sole discretion of the Company. Generally, employees are given access to the Company's various technologies based on their job functions. Only employees whose job performance will benefit from the use of Andrews Logistics' Technology Resources will be given access to the necessary technology. Additionally, employees must successfully complete Company-approved training before being given access to the Company's Technology Resources. Exceeding authorized access may subject the employee to liability.
Use
Andrews Logistics' Technology Resources are to be used by employees only for the purpose of conducting Company business. Employees may, however, use the Company's Technology Resources for the following incidental personal uses so long as such use does not interfere with the employee's duties, is not done for personal or financial gain, does not conflict with Andrews Logistics' business, and does not violate any Company policy:
To send and receive necessary and occasional personal communications;
To prepare and store incidental personal data (such as personal calendars, personal address lists and similar incidental personal data) in a reasonable manner;
To use the telephone system for brief and necessary personal calls; and
To access the Internet for brief personal searches and inquiries during meal times or other breaks or outside of work hours provided that employees adhere to all other usage policies.
Andrews Logistics assumes no liability for loss, damage, destruction, alteration, disclosure, or misuse of any personal data or communications transmitted over or stored on the Company's Technology Resources. The Company accepts no responsibility or liability for the loss or nondelivery of any personal electronic mail or voice mail communications or any personal data stored on any Company property. Andrews Logistics strongly discourages employees from storing any personal data on any of the Company's Technology Resources.
Improper Use
Prohibition against Harassing, Discriminatory and Defamatory Use
Andrews Logistics is aware that employees use electronic mail for correspondence that is less formal than written memoranda. Employees must take care, however, not to let informality degenerate into improper use. As set forth more fully in the Company's Policy Against Harassment, the Company does not tolerate discrimination or harassment based on race, color, creed, religion, gender (including pregnancy, childbirth or related medical conditions), national origin, ancestry, age, physical or mental disability, medical condition including genetic characteristics, family-care status, veteran status, marital status or sexual orientation, or any other consideration made unlawful by federal, state, or local laws. This also includes a perception that anyone has any of those characteristics, or is associated with a person who has or is perceived as having any of those characteristics. Under no circumstances may an employee use Andrews Logistics' Technology Resources to transmit, receive, or store any information that is discriminatory, harassing or defamatory in any way (for example: sexually-explicit or racial messages, jokes, or cartoons).
Prohibition against Violating Intellectual Property Laws
Employees must not use Andrews Logistics' Technology Resources to copy, retrieve, forward or send intellectual property unless the employee has the author's permission or is accessing a single copy only for the employee's reference for business purposes.
Other Prohibited Uses
Employees may not use any of Andrews Logistics' Technology Resources for any illegal purpose, violation of any Company policy, in a manner contrary to the best interests of the Company, in any way that discloses confidential or proprietary information of the Company or third parties, or for personal or financial gain.
All messages sent and received, including personal messages, and all data and information stored on Andrews Logistics' electronic-mail system, voice mail system, or computer systems are Company property regardless of the content. As such, the Company reserves the right to access all of its Technology Resources including its computers, voice mail, and electronic-mail systems at any time in its sole discretion without prior notice.
Privacy
Although Andrews Logistics does not wish to examine personal information of its employees, on occasion the Company may need to access its Technology Resources including computer files, electronic-mail messages, and voice mail messages. Employees should understand, therefore, that they have no right of privacy with respect to any messages or information created or maintained on the Company's Technology Resources, including personal information or messages. Andrews Logistics may at its discretion inspect all files or messages on its Technology Resources at any time for any reason. The Company may also monitor its Technology Resources at any time in order to determine compliance with its policies, for purposes of legal proceedings, to investigate misconduct, to locate information, or for any other business purpose.
All voicemail, email, and text messages composed, sent, or received through the Company’s computer network, e-mail system, or on a company provided cell phone is the property of Andrews Logistics. These communications do not belong to the employee. Employee explicitly gives employer the right to intercept, access, view, monitor, and use all such communications, whether relating to Company business or employee's personal matters. Company provided technology (including internet, email, and cell phone services provided by Company to employee) shall only be used to conduct business of the Company, unless employee has received expressed consent from their supervisor to access their personal e-mail
account, and personal communications. Even if the employee has consent to use technology resources for personal use, any personal communications while on Company time should be kept to a minimum, and limited where possible to breaks and non-work time.
Passwords
Certain areas of Andrews Logistics' Technology Resources can be accessed only by entering a password. Passwords are intended to prevent unauthorized access to information. Passwords do not confer any right of privacy upon any employee of the Company. Thus, even though employees may maintain passwords for accessing Technology Resources, employees must not expect that any information maintained on Technology Resources, including electronic mail and voice mail messages, are private. Employees are expected to maintain their passwords as confidential. Employees must not share passwords and must not access coworkers' systems without express authorization.
Data Collection
The best way to guarantee the privacy of personal information is not to store or transmit it on Andrews Logistics' Technology Resources. To ensure that employees understand the extent to which information is collected and stored, below are examples of information currently maintained by the Company. Andrews Logistics may, however, in its sole discretion and at any time alter the amount and type of information that it retains.
Telephone Use and Voicemail: Records are kept of all calls made from and to a given telephone extension. Although voicemail is password protected, an authorized administrator can reset the password and listen to voice mail messages.
Electronic Mail: Electronic mail is backed up and archived. Although electronic mail is password protected, an authorized administrator can reset the password and read electronic mail.
Desktop Facsimile Use: Copies of all facsimile transmissions sent and received are maintained in the facsimile server.
Document Use: Each document stored on Company computers has a history, which shows which users have accessed the document for any purpose.
Internet Use: Internet sites visited, the number of times visited, and the total time connected to each site is recorded and periodically monitored.
Deleted Information
Deleting or erasing information, documents, or messages maintained on Andrews Logistics' Technology Resources is in most cases ineffective. All employees should understand that any information kept on the Company's Technology Resources may be electronically recalled or recreated regardless of whether it may have been deleted or erased by an employee. Because Andrews Logistics periodically backs up all files and messages, and because of the way in which computers reuse file storage space, files and messages may exist that are thought to have been deleted or erased. Therefore, employees who delete or erase information or messages should not assume that such information or messages are confidential.
The Internet and Online Services
Andrews Logistics provides authorized employees access to online services such as the Internet. The Company expects that employees will use these services in a responsible way and for business-related purposes only. Under no circumstances are employees permitted to use the Company's Technology Resources to access, download, or contribute to the following:
Gross, indecent, or sexually-oriented materials;
Sports sites;
Job-search sites;
Entertainment sites;
Gambling sites;
Games, humor;
Illegal drug-oriented sites;
Music and /or video files/sites;
Personal pages of individuals; and
Politically oriented sites or sites devoted to influencing the course of legislation or public policy.
Additionally, employees must not sign guest books on Web sites or post messages to Internet news groups or discussion groups on Web sites. These actions will generate junk electronic mail and might expose Andrews Logistics to liability or unwanted attention because of comments that employees may make. The Company strongly encourages employees who wish to access the Internet for non-work-related activities to get their own personal Internet access accounts.
Confidentiality
Some of the information to which Andrews Logistics has access is confidential. Employees should avoid sending confidential information over the Internet or outside the Company’s business systems. Employees also should verify electronic-mail addresses before transmitting any messages.
Monitoring
Andrews Logistics monitors both the amount of time spent using online services and the sites visited by individual employees. The Company reserves the right to limit such access by any means available to it, including revoking access altogether.
Software Use
License Restrictions
All software in use on Andrews Logistics' Technology Resources is officially licensed software. No software is to be installed or used that has not been duly paid for and licensed appropriately for the use to which it is being put. No employee may load any software on the Company's computers by any means of transmission unless authorized in advance. Authorization for loading software onto Andrews Logistics' computers should not be given until the software to be loaded has been thoroughly scanned for viruses.
Confidential Information
Andrews Logistics is very sensitive to the issue of protection of trade secrets and other confidential and proprietary information of both the Company and third parties (Confidential Information). Therefore, employees are expected to use good judgment and to adhere to the highest ethical standards when using or transmitting Confidential Information on the Company's Technology Resources.
Confidential Information should not be accessed through Andrews Logistics' Technology Resources in the presence of unauthorized individuals nor should it be forwarded to any person or location outside the company. Similarly, Confidential Information should not be left visible or unattended. Moreover, any Confidential Information transmitted via Technology Resources should be marked with the following legend: "This message contains confidential information. Unless you are the addressee (or authorized to
receive for the addressee), you may not copy, use or distribute this information. If you have received this message in error, please call or return it promptly by mail."
Security
Andrews Logistics has installed a variety of programs and devices to ensure the safety and security of the Company's Technology Resources. Any employee found tampering or disabling any of Andrews Logistics' security devices will be subject to discipline up to and including termination.
Audits
Andrews Logistics may perform auditing activity or monitoring to determine compliance with these policies. Audits of software and data stored on the Company's Technology Resources may be conducted without warning at any time.
The Internet Communication and Blogging Policy covers all publicly accessible communications via the Internet relating to Andrews Logistics. This includes, but not limited to: blogs, on-line social networks, discussion forums, newsgroups, and e-mail distribution lists.
Unless job related, employees may not post on a blog or web page or participate on a social networking platform during work time or at any time with Company equipment or property.
Overview
If you choose to identify yourself as an Andrews Logistics employee or to discuss matters related to our technology or business on your website or weblog, please bear in mind that, although you may view your website or weblog as a personal project and a medium of personal expression, some readers may nonetheless misunderstand you to be a de facto spokesperson for the Company.
As part of our Open Door Policy, employees should first express any concerns to their supervisor, Human Resources or any other member of management. Voicing concerns about the Company publicly without first communicating such concerns within the Company is counterproductive and inadvisable.
Policy Standards
Public communications concerning the Company must not violate any guidelines set forth in the employee handbook, whether or not you specifically mention your employee status.
You should clearly identify that you are not an agent of the Company and the opinions expressed here are the personal opinions of [your name]. Content published here is not read or approved by Andrews Logistics before it is posted and does not represent the views and opinions of the Company.”
You may not communicate any material that violates the privacy trade secrets or publicity rights of another.
You may not personally harass or attack fellow employees, authors, customers, vendors, or shareholders. Further detail on prohibited conduct is provided in the Policy Against Harassment and Prohibition against Harassing, Discriminatory and Defamatory Use of Technology sections of your Employee Handbook for more information.
You may not disclose any sensitive, proprietary, confidential, or financial information about the Company, its employees, or its customers. This includes revenues, profits, forecasts, and other financial information, any information related to specific authors, brands, products, product lines, customers, operating units, etc. You may not disclose any information about any specific customer. Further detail is provided in the Security and Confidentiality Information and Conflicts of Interest sections of your Employee Handbook.
You may not post any material that is obscene, defamatory, profane, libelous, threatening, harassing, abusive, hateful, or embarrassing to another person or any other person or entity. This includes, but is not limited to, comments regarding Andrews Logistics, its employees, vendors, or competitors.
Recommendations for Personal Conduct
Additionally, below are suggested guidelines you may wish to follow for your own protection. This is not a comprehensive list.
Ask your manager if you have any questions about what is appropriate to include in your blog.
Be respectful to the Company, employees, customers, partners, and competitors.
Understand when the Company asks that topics not be discussed for confidentiality or legal compliance reasons.
If you think any direct or indirect communication you are about to make will cause trouble or get you in a predicament that may be problematic - either for you or the Company, please discuss it with your manager first.
Remember that you are not anonymous. Even if you write anonymously or under a pseudonym, your identity can still be revealed. You should communicate as if you are doing so under your own name. Indeed, it is recommended that you do communicate using your real name.
You will probably be read or heard by people who know you. Post as if everyone you know reads or hears every word.
You are personally legally responsible for any content you publish. Be aware of applicable laws regarding publishing your content or regarding the content itself before you post. This includes adhering to applicable intellectual property laws.
Andrews Logistics encourages all employees to keep in mind the speed and manner in which information posted on a blog, web page, and/or social networking site is received and may be misunderstood by readers. Employees with any questions should review the guidelines above or consult with their manager or Human Resources.
Failure to follow these policies may result in disciplinary action, up to and including dismissal. Only a written document signed by the President of Andrews Logistics can approve an exception of any of the above policies.
It is the policy of Andrews Logistics to prohibit the recording of conversations by employees. In addition to protecting privacy rights and proprietary information, the Company’s policy is to maintain open communication between management, employees, and co-workers. Employee recording of conversations can significantly interfere with channels of communication.
For purposes of this policy “Electronic Device” means a privately owned wireless and/or portable electronic handheld piece of equipment that includes, but is not limited to, existing and emerging mobile communication systems and smart technologies (cell phones, smart phones, walkie-talkies, pagers, etc.),
portable internet devices (mobile managers, mobile messengers, BlackBerry ™ handset, etc.), handheld entertainment systems (video games, CD players, compact DVD players, MP3 players, iPods ©, etc.), and any other convergent communication technologies that do any number of the previously mentioned functions. “Electronic Device” also includes any current or emerging wireless handheld technologies or portable information technology systems that can be used for word processing, wireless Internet access, image capture/recording, sound recording, and information transmitting/receiving/storing, etc.
Electronic devices shall not be used in a way that threatens, humiliates, harasses, or intimidates individuals, including employees, customers, vendors, and visitors, or violates local, state, or federal law.
Any employee who violates this policy will be subject to discipline, up to and including termination. Additionally, secret recordings are considered unlawful in Texas and employees may face fines and penalties if prosecuted.
Due to the nature of work conducted by Andrews Logistics, it is necessary to monitor aspects of employees' jobs, specifically telephones, computers, electronic and voice mail, and employees’ use of the Internet.
The use of monitoring serves the following purposes:
To ensure the safety of employees and the entire facility,
To investigate possible misconduct, criminal activity, or breaches of security,
To ensure compliance with Company policies,
To monitor or document employees' work,
To investigate and respond to internal complaints, charges, or governmental investigations,
To investigate, prosecute, or defend threatened or actual lawsuits, or
Any other legitimate business reasons.
This policy serves as notification to employees that monitoring will be conducted during the course of their employment. Monitoring at Andrews Logistics is conducted within the guidelines of the law and employees should not have any reasonable expectation of privacy with regard to use of the Company’s property and systems, specifically telephones, computer terminals, electronic and voice mail, and employees’ use of the Internet.
Video surveillance is also conducted as part of Andrews Logistics’ standard operations. Surveillance cameras are located throughout the facility. The video surveillance system consists of cameras placed in both outdoor and indoor locations, where Executive Management/Security Management/Facilities Management can monitor employee activity as it takes place. These cameras may include features like pan, tilt, and zoom. No cameras have been placed in area where employees have the right to expect privacy, such as bathrooms and changing areas.
The Company will not conduct any video recording of employees without the employee’s knowledge and consent, including any video, digital and/or audio recordings, images or photographs authorized by the Company at its offices or facilities.
This policy serves as notification to employees that electronic monitoring using company equipment will be conducted during the course of their employment. Due to the nature of work conducted by Andrews
Logistics, it is necessary to conduct GPS monitoring for business purposes including safety, productivity, efficiency, organization, and responsiveness. GPS tracking will be uniformly applied to those positions where applicable and only when there is a legitimate business reason for doing so. The use of GPS tracking devices will be in company vehicles and company owned cellular telephones, which record and display location and movement.
Monitoring at Andrews Logistics is conducted within the guidelines of the law and employees should not have any reasonable expectation of privacy with regard to use of the Company’s GPS system. Employees who fall under the GPS Monitoring policy will not be monitored during “off-the-clock” periods, including during meal breaks, on personal time, and after they leave work for the day.
Andrews Logistics may perform auditing activity or monitoring to determine compliance with these policies. Audits of the Company's GPS system may be conducted without prior warning at any time.
The will be responsible for accessing and tracking data. Additionally, tracking data will be made available to senior management for review. Any information provided by GPS tracking devices will be limited in scope to those persons on a need-to-know basis.
GPS history will be recorded, collected and stored for Safekeeping of data collected will be subject to the same rules used for all technology resources as described the Employee Handbook under Technology Use and Privacy Policy.
GPS tracking information can be used where appropriate to assist in investigations and for disciplinary purposes. Any employee found tampering or disabling any of Andrews Logistics' GPS devices will be subject to discipline up to and including termination.
It is the legal and ethical responsibility of all management and staff employees of Andrews Logistics to use, protect, and preserve personal and confidential employee and business information, including medical information (referred to here collectively as “confidential information”), in accordance with state and federal laws and Company policy.
Laws controlling the privacy of, access to, and maintenance of confidential information include, the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). These laws apply whether the information is held in electronic or any other format, and whether the information is used or disclosed orally, in writing or electronically.
Business and employee information includes information that identifies or describes an individual, the disclosure of which would constitute an unwarranted invasion of personal privacy. Examples of confidential employee and business information include home address and telephone number; medical information; birth date; citizenship; social security number; spouse/partner/relative’s names; income tax withholding data; performance evaluations; proprietary/trade secret information; and peer review/risk management information and activities.
Medical information includes the following (no matter where it is stored and no matter the format): medical and psychiatric records, photos, videotapes, diagnostic and therapeutic reports, x-rays, scans, laboratory and pathology samples, patient business records, such as bills for service or insurance information, visual observation of patients receiving medical care or accessing services, and verbal information provided by or about a patient. Medical information, including Protected Health Information (PHI), is maintained to serve the patient, health care providers, health care research, and to conform to regulatory requirements.
The HIPAA privacy law sets limits on how health providers and plans may use individually identifiable health information. Under the HIPAA law, health providers and plans may only use individual
health information for necessary treatment, payment, or healthcare operations without obtaining the employee’s permission. PHI may generally not be used for purposes “not related” to health care. The release of PHI must be limited to the minimum necessary designated for the purpose of the disclosure.
Unauthorized use, disclosure, or viewing of, or access to, confidential information in violation of state and/or federal laws may result in personal fines, civil liability, licensure sanctions, and/or criminal sanctions, in addition to Company disciplinary actions.
If you believe your privacy rights have been violated, you may file a complaint with Andrews Logistics’ designated Privacy Officer who is HR Department, and/or with the Secretary of the DHHS (U.S. Department of Health and Human Services). All complaints directed to the company must be submitted in writing and directed to the company’s designated Privacy Officer. Employees who utilize this complaint procedure shall not be retaliated against.
If you have any questions about the Company’s HIPAA Privacy Policy or would like further information about HIPAA, please contact the HR Department.
Purpose of the Program
It is the intent of Andrews Logistics (“the Company”) to maintain a workplace that is free of drugs and alcohol and to discourage drug and alcohol abuse by its employees. The Company has a vital interest in maintaining safe and efficient working conditions for its employees. Substance abuse is incompatible with health, safety, efficiency, and success at the Company. Employees who are under the influence of a drug or alcohol on the job compromise the Company's interests, endanger their own health and safety and the health and safety of others, and can cause a number of other work-related problems, including absenteeism and tardiness, substandard job performance, increased workloads for coworkers, behavior that disrupts other employees, delays in the completion of jobs, inferior quality in products or service, and disruption of customer relations.
To further its interest in avoiding accidents, to promote and maintain safe and efficient working conditions for its employees, and to protect its business, property, equipment and operations, the Company has established this Guideline concerning the use of alcohol and drugs. As a condition of continued employment with the Company, each employee must abide by this Guideline.
Employee Cooperation
Early detection of substance-abuse problems benefits everyone. For example, it benefits the employee with the substance-abuse problem because it gives them the opportunity to correct the problem before it leads to serious harm to the employee or others; it benefits the employee's coworkers who otherwise might have to carry an extra burden by covering for the substance abuser or who otherwise might be exposed to serious injury; and it benefits the Company because it gives the Company an opportunity to prevent accidents and avoid the performance problems and other losses associated with substance abuse. Accordingly, all employees should understand that coworkers with substance-abuse problems should be encouraged to seek assistance.
Definitions
For purposes of this Guideline:
"Illegal drugs or other controlled substances” mean any drug or substance that (a) is not legally obtainable; or (b) is legally obtainable but has not been legally obtained; or (c) has been legally obtained but is being sold or distributed unlawfully.
"Legal drug" means any drug, including any prescription drug or over-the-counter drug, that has been legally obtained and that is not unlawfully sold or distributed.
"Abuse of any legal drug" means the use of any legal drug (a) for any purpose other than the purpose for which it was prescribed or manufactured; or (b) in a quantity, frequency, or manner that is contrary to the instructions or recommendations of the prescribing physician or manufacturer.
"Reasonable suspicion" includes a suspicion that is based on specific personal observations such as an employee’s manner, disposition, muscular movement, appearance, behavior, speech, or breathes odor; information provided to management by an employee, by law enforcement officials by a security service or by other persons believed to be reliable; or a suspicion that is based on other surrounding circumstances.
"Possession" means that an employee has the substance on their person or otherwise under their
control.
Prohibited Conduct
The prohibitions of this section apply whenever the interests of the Company may be adversely affected, including any time the employee is:
On Company premises;
Conducting or performing Company business, regardless of location;
Operating or responsible for the operation, custody or care of Company equipment or other property; or
Responsible for the safety of others.
Prohibited Acts Subject to Discharge
The following acts are prohibited and subject an employee to discharge:
The unauthorized use, possession, purchase, sale, manufacture, distribution, transportation, or dispensation of alcohol
Being under the influence of alcohol
The use, possession, purchase, sale, manufacture, distribution, transportation, or dispensation of any illegal drug or other controlled substance
Being under the influence of any illegal drug or other controlled substance
The abuse of any legal drug
The purchase, sale, manufacture, distribution, transportation, dispensation, or possession of any legal prescription drug in a manner inconsistent with law
Working while impaired by the use of a legal drug whenever such impairment might:
Endanger the safety of the employee or some other person;
Pose a risk of significant damage to Company property or equipment
Substantially interfere with the employee's job performance
The efficient operation of The Company's business or equipment.
Disciplinary Action
Discharge for Violation of Guideline
A first violation of this Guideline will result in immediate discharge whenever the prohibited conduct:
Causes injury to the employee or any other person, or in the sole opinion of management endangered the safety of the employee or any other person;
Results in significant damage to Company property or equipment, or in the sole opinion of management posed a risk of significant damage;
Involves the sale or manufacture of illegal drugs or other controlled substances;
Involves the possession, distribution, or dispensation of illegal drugs or other controlled substances or alcohol in a quantity greater than for personal use;
Involves an employee who has not completed the training period or was a casual, seasonal, or temporary employee;
Involves the failure of an employee to report a criminal conviction as required below.
Discretion Not to Discharge
In circumstances other than those described above, the Company in the discretion of management can choose not to discharge an employee for a first violation of this Guideline if the employee satisfactorily completes participation in an approved drug- or alcohol-abuse assistance or rehabilitation program.
Effect of Criminal Conviction
An employee who is convicted under a criminal-drug statute for a violation occurring in the workplace or during any Company-related activity or event will be deemed to have violated this Guideline.
Written Warning
An employee who is not discharged for a first violation of this Guideline will receive a final written warning and immediate suspension without pay for a period of three (3) calendar days.
Effect of Second Violation
A second violation of this Guideline at any time will result in immediate discharge.
Effect of Discharge on Eligibility for Rehire
Employees who are discharged for a violation of this Guideline may not be eligible for rehire by The Company.
Drug-Free Awareness Program
Employee Awareness
The Company has established a Drug-Free Awareness Program that is designed to inform employees about the dangers of drug abuse in the workplace and to help assure that employees are familiar with this Guideline and with the disciplinary actions that can result from a violation of this Guideline. From time to time, employees will be requested to attend one of the sessions of the Drug-Free Awareness Program. During each such session, employees will be given current information about available programs for counseling and rehabilitation.
Management Awareness
Managers and supervisors should be attentive to the performance and conduct of those who work with them and should not permit an employee to work in an impaired condition or otherwise in violation of this Guideline. When management has reasonable suspicion to believe an employee or employees are working in violation of this Guideline, prompt action will be taken.
Criminal Convictions
Employees are required by this Guideline to notify the Company of any conviction under a criminal drug statute for a violation occurring in the workplace or during any Company-related activity or event, no later than three (3) days after any such conviction. When required by federal law, the Company will notify any federal agency with which it has a contract of any employee who has been convicted under a criminal drug statute for a violation occurring in the workplace.
Use of Legal Drugs
The Company recognizes that employees may, from time to time, be prescribed legal drugs that when taken as prescribed or according to the manufacturer's instructions may result in their impairment. Employees may not work while impaired by the use of legal drugs if the impairment might endanger the employee or someone else, pose a risk of significant damage to Company property, or substantially interfere with the employee's job performance. If an employee is so impaired by the appropriate use of legal drugs, they may not report to work. To accommodate the absence, the employee may use accrued sick leave or vacation.
The employee may also contact Human Resources to determine whether or not they qualify for an unpaid leave of absence, such as family-care or medical leave. Nothing in this Guideline is intended to sanction or encourage the use of accrued sick leave or vacation to accommodate absences due to the abuse of legal drugs. Furthermore, nothing in this Guideline is intended to diminish the Company' commitment to employ and reasonably accommodate qualified disabled individuals. The Company will reasonably accommodate qualified disabled employees who must take legal drugs because of their disability and who because of their appropriate use of such drugs cannot perform the essential functions of their positions adequately or safely.
Unregulated or Authorized Conduct
Customary Use of Over-the-Counter Drugs
Nothing in this Guideline is intended to prohibit the customary and ordinary purchase, sale, use, possession or dispensation of over-the-counter drugs so long as that activity does not violate any law or result in an employee being impaired by the use of such drugs in violation of this Guideline.
Off-the-Job Conduct
Unless an employee is in a designated safety-sensitive position, this Guideline is not intended to regulate off-the-job conduct so long as the employee's off-the-job use of alcohol or drugs does not result in the employee being under the influence of or impaired by the use of alcohol or drugs in violation of this Guideline. If an employee is in a designated safety-sensitive position, they will be subject to drug testing as described below.
Authorized Use of Alcohol
The Company may provide alcohol for consumption at certain events such as social functions. The consumption of alcohol at these events does not violate this policy.
Andrews Logistics will provide up to $30 expense re-imbursement for Uber or a cab for any employee who is not safely able to drive home from a business function. Employees who are charged with traffic violations resulting from the use of alcohol while driving will be solely responsible for any liability resulting from such action.
Confidentiality
Disclosures made by employees to Human Resources concerning their use of legal drugs will be treated confidentially and will not be revealed to managers or supervisors unless there is an important work-related reason to do so in order to determine whether it is advisable for the employee to continue working. Disclosures made by employees to Human Resources concerning their participation in any drug or alcohol rehabilitation program will be treated confidentially.
Drug Testing
Testing of Applicants
As part of Andrews Logistics’ employment screening process, any applicant to whom an offer of employment is made must pass a test for controlled substances under the procedures described below. The offer of employment is conditioned on a negative test result. Applicants will be informed of the Company’s drug testing policy in the employment application.
Post-Accident Testing
If drugs and/or alcohol are reasonably suspected to have contributed to an employee involved accident, the employee will be requested to take a drug and/or alcohol test in accordance with the procedures outlined below.
If an employee refuses to cooperate with the administration of the drug test, the refusal will be handled in the same manner as a positive test result.
Testing Procedures
Any employee subject to testing under this policy will be required to provide a urine and/or breath test per the Federal Register 49CFR part 40 testing procedures. The purpose of these tests is to determine the presence of drugs or alcohol. Refusal to submit to testing procedures within the required timeframe, including refusing to provide a sample, will be considered a positive test. A positive test will result in the revocation of an applicant’s job offer or will subject a current employee to discipline up to and including termination.
To protect the health and safety of all employees and customers of Andrews Logistics, smoking is prohibited in Company buildings, on job sites that are indoors, and in Company-owned vehicles. Employees who wish to smoke may do so only on their regular breaks and meal periods, and must smoke outside of the building, job site, or Company-owned vehicle.
Purpose of the Guideline
Andrews Logistics believes that maintaining a workplace that is free of drugs, alcohol, and other harmful materials is vital to the health and safety of its employees and to the success of the Company's business. The Company also intends to protect against the unauthorized use or removal of Company property. In addition, Andrews Logistics intends to assure its access at all times to Company premises and Company property, equipment, records, documents, and files. Accordingly, the Company has established this Guideline concerning inspections and searches, on Company premises. This Guideline applies to all employees of Andrews Logistics.
Definitions
"Prohibited materials" means firearms or other weapons; explosives and/or hazardous materials or articles; illegal drugs or other controlled substances as defined in Andrews Logistics' Drug-Free Workplace Guideline; drug-related paraphernalia; and alcoholic beverages or Company property that an employee is not authorized to have in their possession.
"Company property" includes all documents, records, software, and files relating to Andrews Logistics' business; and all equipment, hardware, and other property of any kind whether owned, leased, rented or used by the Company.
"Company premises" includes all premises and locations owned or leased by Andrews Logistics or under the control of the Company, including parking lots, lockers, and storage areas.
"Reasonable suspicion" includes a suspicion that is based on specific personal observations such as an employee's manner, disposition, muscular movement, appearance, behavior, speech, or breathe odor; information provided to management by an employee, by law enforcement officials, by a security service or by other persons believed to be reliable; or a suspicion that is based on other surrounding circumstances.
"Possession" means that an employee has the substance or Company property on their person or otherwise under their control.
Inspections and Searches
Access to Company Property
In order to ensure access at all times to Company property and because employees who are properly in possession of Company property or information related to Company business may not always be available to produce the property or information (when needed in the ordinary course of business), Andrews Logistics retains the right to search any property or equipment owned by the Company with or without cause, at any time. The Company retains the right to search private property within our facility or grounds with reasonable cause and, to the extent practicable, with advance notice. The Company retains the right to access information and communications stored on Company Technology Resources at all times.
Routine searches or inspections for Company property may include an employee's office, desk, file cabinet, closet, computer files, voicemail, or similar places where employees may store Company property or Company-related information, whether or not the places are locked or protected by access codes.
Because even a routine search for Company property might result in the discovery of an employee's personal possessions, all employees are encouraged to refrain from bringing into the workplace any item of personal property that they do not wish to reveal to Andrews Logistics.
Inspections and Searches for Prohibited Materials
Inspections or searches for prohibited materials in or on Company premises also will be conducted whenever Andrews Logistics has reasonable suspicion that a particular employee or employees may be in possession of such materials in violation of this Guideline.
Inspections or searches for prohibited materials may be conducted by an independent security service or by the Company with its own personnel. In all cases, a member of management should be present.
Inspections or searches for prohibited materials may be conducted from time to time even when there is no immediate reason to suspect the presence of the materials. In such cases, Andrews Logistics may announce the inspection in advance, except for inspections or searches conducted at locations where employees enter or exit Company premises.
Inspections or searches for prohibited materials may include an employee's office, desk, file cabinet, closet, or other locations where employees may place personal possessions including, but not limited to, employee lockers and vehicles, when on Company premises, and/or other items of personal property worn or carried while on Company premises.
Employees who refuse to cooperate during an inspection or search will not be forcibly detained or searched. They will be informed, however, that Andrews Logistics will base any disciplinary decision on the information that is available, including their refusal to consent to the search as well as the information that gave rise to a reasonable suspicion that the employee was in possession of prohibited materials, if applicable, and that their failure or refusal to cooperate could deprive the Company of information that may clear them of suspicion. In addition, Andrews Logistics reserves the right to take appropriate action to prevent the unauthorized removal from Company premises of Company property.
Disciplinary Action
Employees found to be in possession of prohibited materials in violation of this Guideline or to have used Company property in an unauthorized manner and/or are found to be in violation of other Andrews Logistics policies and guidelines may be subject to discipline up to and including discharge, regardless of the Company's reason for conducting the search or inspection.
If an employee refuses to cooperate with a search or inspection that is based on reasonable suspicion that the employee is in possession of prohibited materials, the Company may take that refusal into consideration in determining appropriate disciplinary action. Discipline will be based on all available information, including the information giving rise to the reasonable suspicion. It is therefore to the employee's advantage to cooperate with the search or inspection whenever prohibited materials are present.
Andrews Logistics will consider an employee to have voluntarily terminated their employment if an employee does any of the following:
Elects to resign from the Company;
Fails to return from an approved leave of absence on the date specified by the Company;
Fails to cooperate with a reasonable and lawful reassignment or transfer; or
Fails to report for work without notice to Andrews Logistics for three (3) consecutive days.
All employees are requested to provide a letter of resignation to their supervisor upon giving notice of termination.
An employee may be terminated involuntarily for reasons that include poor performance, misconduct, or other violations of Andrews Logistics' rules of conduct as set forth below. Notwithstanding this list of rules, the Company reserves the right to discharge with or without cause and with or without prior notice.
From time to time, Andrews Logistics may need to terminate an employee as a consequence of reorganizations, job eliminations, economic downturns in business, or lack of work. Should the Company consider such terminations necessary, Andrews Logistics will attempt to provide all affected employees with advance notice when practical. If possible, employees subject to layoff will be informed of the nature of the layoff and the foreseeable duration of the layoff, whether short-term or indefinite.
In determining which employees will be subject to layoff, Andrews Logistics will take into account, among other things, operation and requirements, the skill, productivity, ability, and past performance of those involved, and also, when feasible, the employee’s length of service.
Employees who leave Andrews Logistics, for any reason, may be asked to participate in an exit interview. This interview is intended to permit terminating employees the opportunity to communicate their views regarding their work with the Company, including job duties, job training, job supervision, and job benefits. At the time of the interview, employees are expected to return all Company-furnished property, such as uniforms, tools, equipment, ID cards, keys, credit cards, documents, and handbooks. Also, arrangements for clearing any outstanding debts with Andrews Logistics and arrangements for receiving final pay will be made at this time.
As an employee, you may be eligible for unemployment insurance benefits if you are laid off from your position through no fault of your own and have earned a certain amount in a designated base period. You may also be eligible for partial unemployment insurance benefits if your regular hours have been reduced. Independent contractors are excluded from coverage.
Certain minimum requirements must be met before an individual is eligible for unemployment insurance. Benefits are determined by the wages in the highest quarter of the individual's base period. There is a one-week waiting period after eligibility is established before benefits are paid.
Andrews Logistics is committed to providing and maintaining a healthy and safe work environment for all employees. Accordingly, the Company has instituted an Injury and Illness Prevention Program designed to protect the health and safety of all personnel. Every employee will receive a copy of the Company's General Safety Rules and will receive health and safety training as part of the Injury and Illness Prevention Program. A complete copy of the Injury and Illness Prevention Program is kept by the Safety Deaprtment and is available for your review.
You are required to know and comply with Andrews Logistics' General Safety Rules and to follow safe and healthy work practices at all times. You also are required to report immediately to your supervisor any potential health or safety hazards and all injuries or accidents. First aid supplies are located in the breakroom or shop. The location of the nearest doctor and/or medical facility is posted on the employee notice board.
Safety is to be given primary importance in every aspect of planning and performing all Andrews Logistics activities. We want to protect you against industrial injury and illness, as well as minimize the potential loss of production. Please report all injuries (no matter how slight) to your manager immediately, as well as anything that needs repair or is a safety hazard. Below are some general safety rules. Your manager or department head may post other safety procedures in your department or work area:
Avoid overloading electrical outlets with too many machines.
Use proper extension cords/power strips.
Use flammable items such as cleaning fluids with caution.
Walk – don't run.
Report to your manager if you or a coworker becomes ill or is injured.
Ask for assistance when lifting heavy objects or moving heavy furniture.
Keep cabinet doors and file and desk drawers closed when not in use.
Sit firmly and squarely in chairs that roll or tilt.
Avoid horseplay or practical jokes.
Start work on any machine only after safety procedures and requirements have been explained (and you understand them).
Remember, failure to adhere to these rules will be considered serious infractions of safety rules and will result in disciplinary actions.
Andrews Logistics requires that employees wear personal protective equipment (PPE) (such as safety glasses, hearing protection, goggles, safety shoes, gloves, and respiratory protection) in potentially hazardous areas. If an employee’s job or task requires use of personal protective equipment, the Company will supply it. The supervisor is responsible to obtain and assign the necessary equipment to the employee and ensure the employee is properly trained in its use. Employees are responsible to use, maintain and clean the PPE furnished to them. Refer to the Employee Safety Manual or speak with your supervisor for further information.
Andrews Logistics follows a Heat Illness Prevention program, as described in the Company’s Injury & Illness Prevention Program (IIPP). The program includes:
Training – For all affected employees and their supervisors
Water – The Company encourages each employee drink at least one (1) quart per hour while in working in high heat conditions.
Shade – The Company will provide access to shade for at least five (5) minutes of rest when an employee believes they need a preventative recovery period. Please do not wait until you feel sick to request this rest period.
Written Procedures – The Company’s IIPP contains written procedures for implementing the OSHA Heat Illness Prevention Standard.
Further information on the Company’s Heat Illness Prevention program can be found in the IIPP or you may check with your supervisor.
Andrews Logistics utilizes hazardous chemicals as part of the day-to-day operation of the Company. It is our intention to disclose to the employee the chemicals that may be associated with the job.
Andrews Logistics requires all employees to wear gloves, goggles, and other protective clothing when handling hazardous materials. In all instances:
Follow instructions for proper use, storage and personal protection and read all labels and warning labels.
Familiarize yourself with the Material Safety Data Sheet (MSDS).
Check out and utilize the recommended protective clothing and equipment that include gloves, goggles, etc.
Be aware of emergency procedures, know how to respond if necessary and know where to find first aid supplies.
Report all spills or leaks of hazardous materials to your supervisor.
Do not eat, drink, smoke, or take breaks near hazardous materials.
Andrews Logistics employees must comply with all occupational safety and health standards and regulations established by the Occupational Safety and Health Act of 1970 (OSHA) and all regulations, which have been added to this Act by both state and federal governments. If you believe that you are being exposed to a known or suspected hazard, contact your supervisor immediately.
As part of our on-going effort to provide “A Safe and Healthful Workplace” for all of our employees, Andrews Logistics has instituted its “Return to Work” Policy. This program is a win/win situation and will benefit both the employer and employees.
The Company will endeavor to provide job assignments for those employees released to modified work according to the restriction criteria specified by the clinic’s medical staff. Company management on a case-by-case basis will determine modified work status.
Andrews Logistics recognizes that workplace violence is a growing concern among employers and employees across the country. The Company is committed to providing a safe, violence-free workplace and strictly prohibits employees, consultants, customers, visitors, or anyone else on Company premises or engaging in a Company-related activity from behaving in a violent or threatening manner. As part of this policy, Andrews Logistics seeks to prevent workplace violence before it begins and reserves the right to deal with behavior that suggests a propensity towards violence even prior to any violent behavior occurring.
The Company believes that prevention of workplace violence begins with recognition and awareness of potential early warning signs and has established procedures for responding to any situation that presents the possibility of violence. More information is available from the CFO.
Workplace Violence Defined
Workplace violence includes:
Threats of any kind;
Threatening, physically aggressive, or violent behavior such as intimidation of or attempts to instill fear in others;
Other behavior that suggests a propensity toward violence, which can include belligerent speech, excessive arguing or swearing, sabotage or threats of sabotage of Company property, or a demonstrated pattern of refusal to follow Company policies and procedures;
Defacing Company property or causing physical damage to the facilities
Reporting
If any employee observes or becomes aware of any of the above-listed actions or behavior by an employee, customer, consultant, visitor or anyone else, they should notify the CFO immediately. Furthermore, employees should notify the CFO if any restraining order is in effect or if a potentially violent non-work related situation exists that could result in violence in the workplace.
Investigation
All reports of workplace violence will be taken seriously and will be investigated promptly and thoroughly. In appropriate circumstances, Andrews Logistics will inform the reporting individual of the results of the investigation. To the extent possible, the Company will maintain the confidentiality of the reporting employee and of the investigation but may need to disclose results in appropriate circumstances, for example, in order to protect individual safety. Andrews Logistics will not tolerate retaliation against any employee who reports workplace violence.
Corrective Action and Discipline
If Andrews Logistics determines that workplace violence has occurred, the Company will take appropriate corrective action and will impose discipline on offending employees. The appropriate discipline will depend on the particular facts, but may include written or oral warnings, probation, and re-assignment of responsibilities, suspension, or termination. If the violent behavior is that of a non-employee, the Company will take appropriate corrective action in an attempt to ensure that such behavior is not repeated. Under certain circumstances, Andrews Logistics may forego disciplinary action on the condition that the
employee takes a medical leave of absence. In addition, the Company may request that the employee participate in counseling, either voluntarily or as a condition of continued employment.
Unless the Employee’s primary duties or scope of work for the Employer is the use, storage, or transportation of Weapons (defined below), Employees may not, at any time while on any property owned, leased, or controlled by Andrews Logistics, including anywhere that company business is conducted, such as customer locations, client locations, trade shows, restaurants, company event venues, and so forth, carry, possess or use any Weapon. Weapons include, but are not limited to firearms, handguns, knives or swords with blades over four inches in length, explosives, and any chemical whose purpose is to cause harm to another person.
Regardless of whether an Employee possesses a Weapons permit (such as a concealed handgun license), is allowed by law to possess a Weapon, or is legally allowed to carry a Weapon openly, Weapons are prohibited on any company property or in any location in which the employee represents the company for business purposes, including company vehicles.
[TEXAS ONLY] It is not a violation of this policy for employees who are licensed or otherwise authorized by the State to legally store a concealed Weapon in a personal vehicle while parked on company property.
The company shall post signage in buildings and premises over which it has authority or apparent authority as required by law to put the public and the Employees on notice that Weapons are not permitted on the premises.
This is an employment policy governing Andrews Logistics employees. Building owners where the company conducts business may be exempt from this policy as allowed by law.
Employees who violate this policy will be subject to disciplinary actions, up to and including employment termination.
Andrews Logistics will reimburse employees for reasonable business expenses incurred throughout business travel or entertainment. You must have receipts for all expenses. Mileage will be reimbursed at the official IRS rate excluding travel to and from the employee’s normal place of business.
Travel expenses must be turned in by the within 30 days. You may obtain expense reports from Accounting Coordinator.
Purpose of Credit Cards
Credit cards are available and issued to certain positions. The cards are used for business expenses while conducting Company business on behalf of Andrews Logistics. Charges are billed directly to the employee. The employee will submit for reimbursement per the expense policy. Credit cards will be approved and issued by a Principal only. Credit cards are not transferable between individuals.
Cardholder Liability
The cardholder is responsible for proper use of the card within stated guidelines of this policy. Failure to comply with these guidelines, policies and procedures may result in permanent revocation of credit card privileges. Use of the card for personal purchases constitutes fraud under state law. Misuse of
the card may result in the employee’s termination. Additionally, the Company will pursue the matter to the extent the law allows.
Cardholder Responsibilities
Misuse of the card will subject the cardholder to disciplinary action up to and including termination.
The cardholder must:
Ensure the card is only used by the employee to whom the card is issued.
Use the card for business expenses only.
Maintain the card in a secure location at all times.
Return the credit card to the Operations Manager upon termination of employment with Andrews Logistics.
Cardholder Termination
A cardholder’s card will be terminated when they (a) move to a new position, in which a card is not required, (b) terminate employment or (c) for any of the following reasons:
The credit card is used to makes purchases for a non-business related activity.
The cardholder allows the card to be used by an unauthorized individual.
Lost, Misplaced or Stolen Purchasing Cards
Cardholders are required to immediately notify the of a lost or stolen card at the first opportunity during normal business hours.
Erroneous Declines
Should a seller erroneously decline a credit card, the cardholder should immediately contact the Operations Manager. If purchase is being made outside normal business hours, the employee must find an alternate payment method or terminate the purchase.
Employees who are required to drive a Andrews Logistics vehicle or their own vehicles on Company business will be required to show proof of current valid driving licenses and current effective insurance coverage before the first day of employment.
The Company participates in a system that regularly checks state Department of Motor Vehicles (DMV) records of all employees who drive as part of their job.
Andrews Logistics retains the right to transfer to an alternative position, suspend, or terminate an employee whose license is revoked, or who fails to maintain personal automobile insurance coverage or who is uninsurable under the Company’s policy.
For the safety of themselves and others, the Company’s employees who are issued a cell phone or use a personal phone for business use are prohibited from using their phone while driving, including reading, writing, or sending a text message. If your job requires that you keep your cell phone turned on while you are driving, you must use a hands-free device and are encouraged to safely pull off the road before conducting Company business. Employees who are charged with traffic violations resulting from the use of their phone while driving will be solely responsible for any liability resulting from such action.
Andrews Logistics will provide up to $30 expense reimbursement for Uber or a cab for any employee who is not safely able to drive home from a business function. Employees who are charged with traffic violations resulting from the use of alcohol while driving will be solely responsible for any liability resulting from such action.
Andrews Logistics permits employees to telecommute. All costs for equipment associated with telecommuting are the responsibility of the employee to obtain prior approval from the CFO and then submit for reimbursement. Costs may include purchase price, maintenance, and insurance coverage for all necessary equipment.
Telecommuting does not change the employee’s work location and employees are still responsible for all costs associated with travel to and from the office, when they are required to report to their work location.
The following guidelines are set for employees that telecommute:
Employees are required to attend meetings at the office or other designated location.
Employees will not conduct meetings with customers or clients in their home nor will they perform any manufacturing work at home.
Employees are responsible for contacting local governmental agencies for required licenses (if any) needed to maintain a home office.
Employees are responsible for any costs of obtaining tax advice about a tax deduction for a home office. Employees are responsible for any tax liability should they claim such an expense and it is later disallowed by the Internal Revenue Service.
Employees must maintain the security of all confidential and/or sensitive information and other proprietary information, as if they were working in the office. All security procedures apply, regardless of whether the employee is in the workplace or telecommuting.
Employees who telecommute are responsible for following all safety rules. Andrews Logistics may conduct unannounced visits to telecommuting worksites, including to employees who telecommute from home, to ensure that all safety and security procedures are being followed.
The ability to telecommute does not change the performance level expected from an employee.
Employees, who are subject to overtime laws still, are required to adhere to their beginning and ending work times, break times, and meal breaks. Telecommuting employees must continue to maintain required time records.
Andrews Logistics retains the right to require telecommuters to report to the office to work.
Violation of any telecommuting policies may result in the loss of an employee’s telecommuting privileges.
At times, emergencies such as severe weather, natural disasters, or power failures can disrupt Company operations. In extreme cases, these circumstances may require the closing of a work facility.
Employees in essential operations as determined by the immediate supervisor may be required to work when operations are officially closed. In these circumstances, employees will receive their normal compensation.
In the event of severe weather or a natural disaster that prevents employees from safely traveling to and from work, the following policies will apply:
Inclement Weather
Conditions that excuse absence from work include: snow, road closure, announced danger, whiteout, heavy rain, and severe flooding. If weather conditions prevent you from safely traveling to work, you must notify your Supervisor by phone, if telephone service is functional, or by any other available means.
Non-exempt employees will be paid for any time actually worked. Vacation or unpaid leave may be taken for unpaid time. Exempt employees will be paid a full day’s pay for excused absences from work due to inclement weather, unless no work is performed during the workweek. No salary will be paid for workweeks in which no Company work is performed.
Natural Disasters
In the event of a natural disaster such as earthquake, fire, or explosion, the office will be closed if the building is damaged or highways leading to the office are damaged. For instructions on reporting to another location, contact the office immediately, if possible.
Power Outage
Should the Company experience a power outage, you are required to remain in the workplace to wait for power to return. All employees will be paid for the time while waiting for power to be restored.
If the power goes out near a scheduled meal period, you may be instructed to take your meal break. The Company will determine if employees are to remain in the workplace until the power is restored or go home for the day.
Pay Procedure When Sent Home
If you are sent home due to inclement weather, natural disaster, or a power outage, non-exempt employees will be paid for the time actually worked that day. Vacation or unpaid leave may be taken for the remainder of the workday. Exempt employees will be paid for a full day's pay if sent home.
Arkansas Clean Indoor Air Act prohibits smoking in enclosed areas in all places of employment, including, but not limited to, common work areas, conference rooms, private offices, elevators, hallways, cafeterias, employee lounges, stairs, and restrooms.
Arkansas law prohibits all drivers from using a handheld wireless communication device to text, email, or access the internet or to access, read or post to a social networking site while operating a motor vehicle.
Andrews Logistics may not prohibit an employee who is a concealed handgun licensee from transporting or storing a legally owned handgun in the employee's private motor vehicle in a company parking lot under certain circumstances (such as that the handgun is stored out of sight and locked in the vehicle).
Andrews Logistics may terminate an employee for flagrantly or unreasonably displaying a handgun in plain sight of others at the employer's place of business or in plain sight in the employee's motor vehicle.
Andrews Logistics does prohibit individuals from carrying concealed weapons on the premises by posting signs at entrances that state that "carrying a handgun is prohibited."
Andrews Logistics will pay all wages due to an employee who is terminated involuntarily within seven days after termination.
Non-exempt employees who work three-and-one-half (3-1/2) or more hours per day are authorized and permitted one (1) 10-minute rest break for every four (4) hours worked, or a major fraction of the time worked. For purposes of this policy, "major fraction" means any time greater than two (2) hours. For example, if employees work more than six (6) hours, but no more than 10 hours in a workday, they are authorized and permitted to take two (2) 10-minute rest breaks: one (1) break during the first (1st) half of a shift, and a second (2nd) rest break during the second half of the shift. If employees work more than 10 hours but no more than 14 hours in a day, they are authorized and permitted to take three (3) 10-minute rest breaks, and so on.
Rest breaks should be taken as close to the middle of each work period of four (4) hours, or a major fraction of the time worked, as is practical. Employees do not need to obtain their supervisor's approval or notify their supervisor when taking a rest break. Employees are encouraged to take their rest breaks; they are not expected to and should not work during their rest breaks. Non-exempt employees are paid for all rest break periods and do not need to clock out when taking a rest break.
Rest breaks may not be combined with another rest break, or with the meal period. In addition, rest breaks may not be taken at the beginning, or end of the workday such that it results in an employee arriving late or leaving early. Each rest break must be a separate break, meeting the requirements described above. If any work is performed during a rest break, or if the rest break is interrupted for any work-related reason, the employee is entitled to another uninterrupted paid rest break.
As required under applicable state law, Andrew Logistics also provides cool-down, rest, and recovery periods, as needed, to prevent heat illness in employees performing work outdoors.
Meal Periods
Employees who work more than five (5) hours in a workday are provided an unpaid, off-duty meal period of at least 30 minutes. Employees who do not use a time clock are responsible for scheduling their own meal periods, but they should confirm these meal periods with their supervisor. Meal periods must begin no later than the end of the fifth (5th) hour of work. For example, employees who begin working at 8:00 a.m. must begin the meal period no later than 12:59 p.m. When scheduling a meal period, employees should try to anticipate workflow and deadlines.
Employees who work more than 10 hours in a day are entitled to a second unpaid, off-duty 30-minute meal period. Employees entitled to a second meal period should schedule their second meal period so it begins no later than before the end of their 10th hour of work, meaning the meal period should begin after working no more than nine (9) hours, 59 minutes.
During meal periods, employees are relieved of all duty and should not work during this time. When taking a meal period, employees should completely stop working for at least 30 minutes. Employees are prohibited from working "off the clock" during their meal period.
Those employees who use a time clock must clock out for their meal periods. These employees are expected to clock back in and promptly return to work at the end of any meal period. Those employees who record their time manually must accurately record their meal periods by recording the beginning and end of each work period. Unless otherwise directed by a supervisor in writing, employees do not need to obtain a supervisor's approval or notify a supervisor when taking a meal period. Employees are to immediately notify their supervisor and/or Human Resources if they believe that they are prevented by the nature of their work from taking a timely and/or complete meal period.
Meal Period Waiver
If no more than six (6) hours of work will complete the day's work, employees may voluntarily waive the meal period in writing. Employees should see their supervisor and/or Human Resources to obtain this waiver form. If the employee works no more than 12 hours, the employee can waive the second (2nd) meal period, but only if the first (1st) meal period was received and not waived in any manner. Any waiver of the second (2nd) meal period must be in writing and submitted before the second (2nd) meal period. Employees should see their supervisor and/or Human Resources to obtain this waiver form. Employees who work more than 12 hours may not waive and should take their second (2nd) unpaid, off-duty, and uninterrupted 30-minute meal period.
No Working During Rest Breaks and Meal Periods
Employees are completely relieved of all work duties and responsibilities during their rest breaks and meal periods. All rest breaks and meal periods must be taken outside the work area, such as in a break room. Employees may leave the premises during rest breaks and meal periods. Employees should not visit or socialize with employees who are working while they are taking a rest break or meal period. Employees, including those in sensitive positions like security, or information technology, are not expected to remain
“on-call”, or available to respond to messages, monitor radios, telephones, email, or other devices during meal periods and rest breaks.
Employees are required to immediately notify their supervisor and/or Human Resources if they believe they are being pressured or coerced by any manager, supervisor, or other employees to not take any portion of a provided rest break or meal period.
Overtime
Like most successful companies, Andrew Logistics experiences periods of extremely high activity. During these busy periods, additional work is required from all of us. Supervisors are responsible for monitoring business activity and requesting overtime work if it is necessary. An effort will be made to provide employees with adequate advance notice in such situations.
Non-exempt employees generally will be paid overtime at the rate of time and one-half (1.5) times their normal hourly wage for all hours worked in excess of eight (8) hours in one (1) day, or 40 hours in one
(1) week, or for the first (1st) eight (8) hours on the seventh (7th) day in the same workweek.
Non-exempt employees generally will be paid double-time for hours worked in excess of 12 in any workday, or in excess of eight (8) on the seventh (7th) day of the workweek.
Employees may work overtime only with management authorization.
For purposes of calculating overtime for non-exempt employees, the workweek begins at 12:00
a.m. on Sunday and ends 168 hours later at 12:00 a.m. on the following Sunday.
Eligibility
Pursuant to the Healthy Workplaces, Healthy Families Act, Andrew Logistics provides paid sick leave to employees who, on, or after July 1, 2015, work for Andrew Logistics in California for 30, or more days within a year. For employees who work in California who are eligible for sick time under the general Paid Sick Time policy and/or any other applicable sick time/leave law or ordinance, this policy applies solely to the extent it provides greater benefits/rights on any specific issue, or issues than the general Paid Sick Time policy and/or any other applicable sick time/leave law or ordinance.
Accrual
Employees begin accruing paid sick leave on July 1, 2015, or at the start of employment, whichever is later. Paid sick leave will accumulate at the rate of one (1) hour for every 30 hours worked, up to a total maximum accrual of six (6) days, or 48 hours. Employees who are exempt from overtime pursuant to the executive, administrative and professional exemptions are assumed to work 40 hours in each workweek unless their normal workweek is less than 40 hours, in which case paid sick leave accrues based upon that normal workweek. For purposes of this policy, for employees hired on, or before July 1, 2015, the year is the consecutive 12-month period beginning July 1st and ending on June 30th. For employees hired after July 1, 2015, the year is the consecutive 12-month period beginning on the employee’s date of hire.
Usage
Employees can use accrued paid sick leave beginning on the 90th day of employment. Paid sick leave may be used in minimum increments of two (2) hours. An exempt employee may use up to five (5) days, or 40 hours of paid sick leave in any year. A non-exempt employee may use up to three (3) days, or 24 hours of paid sick leave in any year.
Paid sick leave may be used for the following reasons:
For diagnosis, care, or treatment of an existing health condition of, or preventive care for, the employees, or the employee’s family member (meaning a child, including biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis, all regardless of age, or dependency status); spouse; registered domestic partner; parent (including biological, adoptive, or foster parent, stepparent, or legal guardian of the employees, or the employee’s spouse, or registered domestic partner, or a person who stood in loco parentis when the employees was a minor child); grandparent; grandchild; or a sibling; or
For the employee who is a victim of domestic violence, sexual assault, or stalking:
to obtain, or attempt to obtain a temporary restraining, order, restraining, order, or other injunctive relief;
to help ensure the health, safety, or welfare of the victim, or the victim's child;
to seek medical attention for injuries caused by domestic violence, sexual assault, or stalking;
to obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking;
to obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking; or
to participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary, or permanent relocation.
Employees will be notified of their available paid sick leave on each itemized wage statement.
Unless the employee advises the employee’s supervisor otherwise, Andrew Logistics will assume the employee wants to use available paid sick leave for absences for reasons set forth above and employees will be paid for such absences to the extent they have paid sick leave available.
Notice and Documentation
Notice to the employee’s supervisor may be given orally or in writing. If the need for paid sick leave is foreseeable, the employee must provide reasonable advance notification. If the need for paid sick leave is unforeseeable, the employee must provide notice of the need for the leave as soon as practicable.
Payment
Eligible employees will receive payment for paid sick leave at the same wage as the employee normally earns during regular work hours, unless otherwise required by applicable law, by the next regular payroll period after the leave was taken. Use of paid sick leave is not considered hours worked for purposes of calculating overtime.
Carryover and Payout
Accrued paid sick leave carries over from year to year but is subject to the accrual cap of six (6) days, or 48 hours. Once the accrual cap is reached, paid sick leave will stop accruing until some paid sick leave is used.
Accrued but unused paid sick leave under this policy will not be paid at separation.
Enforcement & Retaliation
Retaliation, or discrimination against the employees, who request paid sick days, use paid sick days, or both, is prohibited and employees may file a complaint with the Labor Commissioner against an employer who retaliates or discriminates against the employees.
If employees have any questions regarding this policy, they should contact Human Resources.
Paid Pregnancy Disability Benefits may be available to full-time employees who have worked at Andrew Logistics for at least 12 consecutive months. Generally, six (6) consecutive weeks of paid Pregnancy Disability Benefits will be granted to eligible employees who are disabled by pregnancy, childbirth, or related medical conditions prior to and/or following the birth of a child.
This benefit is calculated (based on the following chart) including any short-term disability benefits. If the employee has:
less than one (1) year of continuous full-time service: payment per week is $<500>.
one (1) to two (2) years of continuous full-time service: payment per week is $<750>.
over two (2) years of continuous full-time service: payment per week is $<1000>.
Pregnancy Disability Benefits are solely a monetary benefit and not a leave of absence. Employees who will be out of work must also request a formal leave of absence. See the "Leaves of Absence" section of this handbook for more information. In addition, this Pregnancy Disability Benefit will be integrated with any applicable disability benefit offered by the, or required by law, and employees must apply for such benefit as a condition of receipt of any Pregnancy Disability Benefit under this policy.
Andrew Logistics supports the legal right and necessities of employees who choose to express milk in the workplace. This policy establishes guidelines for promoting a breastfeeding-friendly work environment and supporting lactating employees for as long as they desire to express breastmilk.
Andrew Logistics will provide a reasonable amount of break time for employees who wish to express breast milk for their infant child each time the employee needs to express milk, in accordance with applicable local, state, and federal law. If possible, the break time must run concurrently with rest and meal periods already provided. If break time cannot run concurrently with rest and meal periods, it will be unpaid, to the extent permitted by applicable law.
The Company will provide breastfeeding employees with space, in close proximity to their work area, that is shielded from view and free from intrusion from co-workers and the public. The room or location may include the place where the employee normally works if it otherwise meets the requirements of the lactation space. Restrooms are prohibited from being used for lactation purposes.
Employees who need a lactation accommodation should submit a request for possible accommodation via email to Human Resources. Upon receiving an accommodation request, Andrew Logistics will respond to the employees within five (5) business days. Andrew Logistics and the employees shall engage in an interactive process to determine the appropriate accommodations.
California law expressly prohibits discrimination or retaliation against lactating employees for exercising their rights granted by the ordinance. This includes those who request time to express breast milk at work and/or who lodge a complaint related to the right to lactation accommodations.
Employees have the right to file a complaint with the Labor Commissioner for any violation of the rights underlying this policy.
Please consult with Human Resources on questions regarding this policy.
Employees called to serve as expert witnesses in a judicial proceeding on behalf of the State will be granted leave with pay. An employee summoned to appear in court as an expert witness, but not on behalf of the State may use available vacation and personal time to cover the period of absence.
Employees subpoenaed for witness duty must notify their supervisor as soon as possible.
The death of a family member is a time when employees wish to be with their families. If the employee is full-time and loses a close relative, the employee will be allowed paid time off of up to three (3) days to assist in attending to obligations and commitments. For the purposes of this policy, a close relative includes a spouse, domestic/civil union partner, child, parent, sibling, or any other relation required by applicable law. Paid leave days only may be taken on regularly scheduled, consecutive workdays following the day of death. Employees must inform their supervisor prior to commencing bereavement leave. In administering this policy, Andrew Logistics may require verification of death.
In the event employees do not have sufficient time outside of working hours to vote in a statewide election, employees may take off sufficient working time to vote. This time should be taken at the beginning, or end of the regular work schedule, whichever allows the most free time for voting and the least time off from work. Employees will be allowed a maximum of two (2) hours of voting leave on Election Day without loss of pay. Where possible, supervisors should be notified of the need for leave at least three (3) working days prior to the Election Day.
Full-time employees may participate in Andrew Logistics' insurance programs. Under these plans, eligible employees will receive comprehensive health and other insurance coverage for themselves and their families, as well as other benefits.
Upon becoming eligible to participate in these plans, employees will receive summary plan descriptions (SPDs) describing the benefits in greater detail. Please refer to the SPDs for detailed plan information.
Please consult with Human Resources on questions regarding this program.
Andrew Logistics also provides statutory short-term disability insurance.
This is solely a monetary benefit and not a leave of absence. employees who will be out of work must also request a formal leave of absence. See the Leave of Absence sections of this handbook for more information.
Employees may be eligible to receive benefits through the California Paid Family Leave (PFL) program, which is administered by the Employment Development Department (EDD) when they take leave to:
care for a child, spouse, parent, grandparent, grandchild, sibling, parent-in-law, or registered domestic partner, with a serious health condition;
bond with a minor child within the first year of the child’s birth, or placement in connection with foster care, or adoption; or
participate in a qualifying exigency related to the covered active duty or call to covered active duty of the Employee’s spouse, domestic partner, child, or parent in the Armed Forces of the United States.
These benefits are financed solely through employees’ contributions to the PFL program. That program is solely responsible for determining if the employee is eligible for such benefits.
If employees need to take time off work for any of the reasons set forth above, they must advise Andrew Logistics, and they will be given information about the EDD's PFL program and how to apply for benefits, employees also may contact their local EDD Office for further information. Employees should maintain regular contact with Andrew Logistics during their time off work so Andrew Logistics may monitor the employee’s return-to-work status. In addition, the employees should contact Andrew Logistics when ready to return to work so Andrew Logistics may determine what positions, if any, are open.
When the employee applies for PFL benefits, the Human Resources Department will determine if the employee has any accrued but unused vacation and personal days available. If the employee has accrued but unused time available, then the employee will be required to use up to two (2) weeks of such time before becoming eligible for PFL benefits.
Employees taking time off work for any of the reasons set forth above are not guaranteed job reinstatement unless they qualify for such reinstatement under federal, or state family and medical leave laws.
Any time off for Paid Family Leave purposes will run concurrently with other leaves of absence, such as Family and Medical Leave (FMLA)/California Family Rights Act leave (CFRA), if applicable. Please see the "Family and Medical Leave/California Family Rights Act" policies in this handbook for eligibility requirements, if applicable.
If employees are ineligible for any other leave of absence, Andrew Logistics, under certain circumstances, may grant a personal leave of absence without pay. A written request for a personal leave should be presented to management at least two (2) weeks before the anticipated start of the leave. If the leave is requested for medical reasons and employees are not eligible for FMLA and CFRA, medical
certification also must be submitted. The request will be considered on the basis of staffing requirements and the reasons for the requested leave, as well as performance and attendance records. Normally, a leave of absence will be granted for a period of up to eight (8) weeks. However, personal leave may be extended if, prior to the end of the leave, the employee submits a written request for an extension to management, and the request is granted. During the leave, employees will not earn vacation, personal days, or sick days. Andrew Logistics will continue health insurance coverage during the leave if employees submit their share of the monthly premium payments to the provider in a timely manner, subject to the terms of the plan documents.
When the employees anticipate returning to work, they should notify management of the expected return date. This notification should be made at least one week before the end of the leave.
Upon completion of the personal leave of absence, Andrew Logistics will attempt to return employees to their, original job, or a similar position, subject to prevailing business considerations. Reinstatement, however, is not guaranteed.
Failure to advise management of availability to return to work, failure to return to work when notified, or a continued absence from work beyond the time approved by Andrew Logistics shall be considered a voluntary resignation of employment.
Personal leave runs concurrently with any provided Short-Term Disability Leave of Absence.
If the employee works, on average, at least 20 hours per week and their spouse is a qualified member of the United States Armed Forces, the National Guard, or the Reserves, the employee is eligible to take leave for a period of up to 10 days while their spouse is home during a qualified leave period. When the employee is also eligible for military family member exigency leave, leave under this policy shall also count toward the employee’s leave entitlement under the Family and Medical Leave Act (FMLA), where the time off meets the definition of FMLA military exigency leave.
Required Notice to Employer
Within two (2) business days of receiving official notice that the Employee’s spouse will be on leave the employees must provide notice to Andrew Logistics of their intent to take military spouse leave.
Required Documentation
The employees must submit written documentation certifying that during the requested time off, the Employee’s spouse will be on leave from deployment during a period of military conflict.
Leave is Unpaid
Leave granted under this policy is unpaid. However, employees may substitute the following for any period of unpaid military spouse leave with personal time off.
Definitions
For the purposes of this policy, the following definitions apply:
"Qualified Member" means any of the following:
a member of the United States Armed Forces who is deployed during a period of military conflict to an area designated as a combat theater, or combat zone by the President of the United States; or
a member of the National Guard who is deployed during a period of military conflict; or
a member of the Reserves who is deployed during a period of military conflict.
"Period of Military Conflict" means any of the following:
"Qualified Leave Period" means the period during which the qualified member is on leave from deployment during a period of military conflict.
The employees who have been employed for at least 90 days may request a leave of absence for up to five (5) business days in any one-year period to undergo a medical procedure to donate bone marrow. Employees must provide a certification from their physician regarding the purpose and length of each leave requested. The employees must use any accrued vacation time, sick leave, or paid time off for this leave, but the use of vacation accrual, sick leave, or paid time off does not extend the term of this leave. If accrued vacation, sick leave, or paid time off is not available, the time off for such procedure shall be paid, but the paid time off shall not exceed five (5) days. Bone marrow donation leave will not be designated as FMLA, or CFRA leave time. Employees will receive health benefits for the duration of their Bone Marrow Donation Leave and upon returning from such leave will have a right to return to the same, or equivalent positions they held before such leave.
Employees who have been employed for at least 90 days may request a paid leave of absence for up to 30 business days in any one-year period to undergo a medical procedure to donate an organ. Employees can request an additional 30 days of unpaid leave in any one-year period for this same purpose. Employees must provide a certification from their physician regarding the purpose and length of each leave requested. The one-year period is measured from the start of the leave.
For an initial request for, organ donation leave, the employees must use up to two weeks of accrued vacation, sick leave, or paid time off for this leave, but the use of vacation accrual, sick leave, or paid time off does not extend the term of the leave. If accrued vacation, sick leave, or paid time off is not available, the time off for such procedure shall be paid however the paid time off shall not exceed 30 days., organ donation leave will not be designated as FMLA, or CFRA leave time. Employees will receive health benefits for the duration of their, organ donation leave and upon returning from such leave will have a right to return to the same, or equivalent positions they held before such leave. Absences due to, organ donation leave do not count as a break in service for the purpose of the Employee’s right to salary adjustments, sick leave, vacation, paid time off, or seniority.
Employee may be entitled to a leave of absence under the Family and Medical Leave Act (FMLA) and/or the CFRA. Additionally, employees who are CFRA-eligible have certain rights to take both a pregnancy disability leave (PDL) and CFRA leave for the birth of a child.
This policy provides employees with information concerning FMLA/CFRA entitlements and obligations they may have during such leaves and also explains the differences between FMLA, CFRA, and PDL. Where more than one of the laws applies, leave taken may be counted under more than one law at the same time to the extent permitted by the applicable law(s). For example, where leave for a pregnancy disability is also FMLA-qualifying, the leave will count against both FMLA and PDL entitlements. However, PDL is separate from and does not count against employees’ CFRA leave entitlement. (Please consult the Pregnancy Disability Leave policy for more information on PDL.) This policy will be interpreted to comply with the law(s) that apply to a particular leave.
If employees have any questions concerning FMLA/CFRA leave, they should contact Human Resources.
Eligibility
The FMLA and CFRA provide eligible employees with a right to leave, health insurance benefits, and with some limited exceptions, job restoration. To be an “eligible employee,” the employees must: 1) have been employed by Andrew Logistics for at least 12 months (which need not be consecutive) and 2) have worked for at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave. All California employees who meet these two criteria are eligible for CFRA leave. California employees also may be eligible to take leave for FMLA reasons if they are eligible for CFRA leave and work at a worksite where 50 or more employees are located within 75 miles.
*Special hours of service eligibility requirements apply to airline flight crew employees.
Entitlements for FMLA/CFRA Leave
As described below, the FMLA and CFRA provide eligible employees with a right to leave, health insurance benefits, and, with some limited exceptions, job restoration.
Basic FMLA/CFRA Leave Entitlement
The FMLA/CFRA provides eligible employees up to 12 workweeks of unpaid leave for certain family and medical reasons during a 12-month period. The 12-month period is determined by a rolling 12-month period measured backward from the date the employee uses their FMLA leave. In some instances, leave may be counted under the FMLA but not CFRA, or CFRA but not the FMLA. Leave may be taken for anyone, or a combination, of the following reasons:
disability due to pregnancy, childbirth, or related medical condition (counts only toward FMLA leave and California Pregnancy Disability Leave (PDL) leave entitlements);
bonding and/or caring for a newborn child (counts toward FMLA and CFRA leave entitlements)
for placement with the employee of a child for adoption, or foster care and to care for the newly placed child (counts toward FMLA and CFRA leave entitlements);
to care for the Employee’s spouse, child, or parent (but not in-law) with a serious health condition; (counts toward FMLA and CFRA leave entitlements);
to care for the employee’s registered domestic partner, grandparent, grandchild, or sibling with a serious health condition (counts towards CFRA entitlements only, except when grandparent, grandchild, or sibling meets FMLA definition of parent or child);
for the employee’s own serious health condition (excluding pregnancy) that makes the employee unable to perform one or more of the essential functions of their job (counts toward FMLA and CFRA leave entitlements); and/or
because of any qualifying exigency arising out of the fact that the employee’s spouse, registered domestic partner, son, daughter, or parent is a military member on covered active duty status (or has been notified of an impending call, or, order to covered active duty status) in the Reserve component of the Armed Forces for deployment to a foreign country in support of a contingency operation, or Regular Armed Forces for deployment to a foreign country (counts toward FMLA/CFRA leave entitlements, except that leave taken for a registered domestic partner counts towards CFRA leave entitlement only).
Leave to care for one’s child after birth, or placement for adoption, or foster care must be taken within one (1) year of the child’s birth, or placement.
Under the FMLA, a serious health condition is an illness, injury, impairment, or physical, or mental condition that involves a period of incapacity, or treatment connected with inpatient care (e.g., an overnight stay) in a medical care facility, hospice, or residential health care facility; or continuing treatment by a health care provider for a condition that either prevents the employees from performing the functions of their job, or prevents the qualified family member from participating in school, or other daily activities.
Under the CFRA, a serious health condition is an illness, injury, impairment, or physical, or mental condition that involves either inpatient care in a hospital, hospice, or residential health care facility, any subsequent treatment in connection with such inpatient care, or any period of incapacity, or continuing treatment by a health care provider. The CFRA defines “inpatient care” broadly and includes a stay in a hospital, hospice, or residential health care facility, any subsequent treatment in connection with inpatient care, or any period of incapacity. A person will be considered an “inpatient” when they are formally admitted to a health care facility with the expectation that they will remain at least overnight and occupy a bed, even if the person is ultimately discharged, or transferred to another facility and does not remain overnight. The CFRA defines “incapacity” as the inability to work, attend school, or perform other regular daily activities due to a serious health condition, its treatment, or the recovery that it requires.
Under the FMLA and CFRA, subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than three (3) consecutive calendar days combined with at least two (2) visits to a health care provider, or one (1) visit and a regimen of continuing treatment, or incapacity due to pregnancy (FMLA only), or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.
Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, caring for the parents of the military member on covered active duty, and attending post-deployment reintegration briefings.
A leave of absence in connection with a workers’ compensation injury/illness, or for which the employee receives disability, or State of California Paid Family Leave benefits shall run concurrently with FMLA/CFRA leave.
Additional Military Family Leave Entitlement (FMLA Only)
In addition to the basic FMLA/CFRA leave entitlement described above, an eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember is entitled to take up to 26 weeks of leave during a 12-month period to care for the servicemember with a serious injury or illness. Leave to care for a servicemember is available during a single-12-month period and, when combined with other FMLA-qualifying leave, may not exceed 26 weeks during the single 12-month period. The single 12-month period begins on the first day an eligible employee takes leave to care for the injured servicemember.
A “covered servicemember” is a current 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 on the temporary retired list, for a serious injury, or illness. These individuals are referred to in this policy as “current members of the Armed Forces.” Covered servicemembers also include a veteran who is discharged or released from military service under conditions other than dishonorable at any time during the five-(5-) year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran, and who is undergoing medical treatment, recuperation, or therapy for a serious injury, or illness. These individuals are referred to in this policy as “covered veterans.”
The FMLA definition of a serious illness or injury for current Armed Forces members and covered Veterans is distinct from the definition of “serious health condition” applicable to leave to care for a family member, or the employee’s own illness, or injury.
Intermittent Leave and Reduced Leave Schedules
FMLA/CFRA leave usually will be taken for a period of consecutive days, weeks, or months. However, employees also are entitled to take FMLA/CFRA leave intermittently, or on a reduced leave schedule when medically necessary due to a serious health condition of the employees, or covered family member, or the serious injury, or illness of a covered servicemember (FMLA only). Intermittent, or reduced work schedule leave may be taken for absences where the employee or family member is incapacitated, or unable to perform the essential functions of the position because of a chronic serious health condition, even if they do not receive treatment by a health care provider. Intermittent leave can also be taken for any qualifying exigency.
Employees also are eligible for intermittent leave for bonding with a child following birth, or placement. Intermittent leave for bonding purposes generally must be taken in two-week increments, but Andrew Logistics permits two (2) occasions where the leave may be for less than two (2) weeks.
Health Insurance Benefits Schedules
During FMLA/CFRA leave, eligible employees are entitled to receive group health plan coverage on the same terms and conditions as if they had continued work.
No Work While on Leave
The taking of another job while on FMLA/CFRA leave, or any other approved leave of absence is prohibited except as authorized by Andrew Logistics or permitted by applicable law.
Restoration of Employment and Benefits
At the end of FMLA/CFRA leave, employees generally have a right to return to the same, or equivalent positions they held before the FMLA/CFRA leave. There is an exception for certain “key employees” under the FMLA that applies to leave for a seriously ill or injured covered servicemember (the CFRA does not have an exception for “key employees”). Andrew Logistics will provide notice if employees qualify as “key employees” if it intends to deny reinstatement and any applicable rights in such instances.
Use of FMLA/CFRA leave will not result in the loss of any employment benefit that accrued prior to the start of an eligible employee’s FMLA/CFRA leave.
Notice of Eligibility for, and Designation of, FMLA/CFRA Leave
Employees requesting FMLA/CFRA leave are entitled to receive written notice from Andrew Logistics telling them whether they are eligible for FMLA/CFRA leave and, if not eligible, the reasons why
they are not eligible. When eligible for FMLA/CFRA leave, employees are entitled to receive written notice of 1) their rights and responsibilities in connection with such leave; 2) the ’s designation of leave as FMLA/CFRA-qualifying, or non-qualifying, if not FMLA/CFRA-qualifying, the reasons why; and 3) the amount of leave, if known, that will be counted against the Employee’s leave entitlement.
Andrew Logistics will respond to a leave request within five (5) business days. Once given, approval shall be deemed retroactive to the date of the first day of the leave. Andrew Logistics may designate FMLA/CFRA leave retroactively with appropriate notice provided that doing so does not cause harm or injury to employees. In other cases, Andrew Logistics, and employees can mutually agree that leave is retroactively designated as FMLA/CFRA leave.
Employee Obligations for FMLA/CFRA Leaves
Provide Notice of the Need for Leave
Employees who take FMLA/CFRA leave must notify, in a timely manner, Andrew Logistics of their need for FMLA/CFRA leave. The following describes the content and timing of such notices.
Content of Notice
To trigger FMLA/CFRA leave protections, employees must inform Human Resources of the need for FMLA/CFRA-qualifying leave and the anticipated timing and duration of the leave, if known. Employees may do this by either requesting FMLA/CFRA leave specifically or explaining the reasons for the leave to allow Andrew Logistics to determine that the leave is FMLA/CFRA-qualifying. For example, employees might explain that:
a medical condition renders them unable to perform the functions of their job;
they are pregnant;
they or a covered family member have been hospitalized overnight;
they or a covered family member are under the continuing care of a health care provider;
the leave is due to a qualifying exigency caused by a military member being on covered active duty, or called to covered active duty status; or
if the leave is for a family member, that the condition renders the family member unable to perform daily activities, or that the family member is a covered servicemember with a serious injury or illness.
Calling in “sick,” without providing the reasons for the needed leave, will not be considered sufficient notice for FMLA/CFRA leave under this policy. Employees must respond to Andrew Logistics’ lawful questions to determine if absences are potentially FMLA/CFRA-qualifying.
If employees fail to explain the reasons for FMLA/CFRA leave, the leave may be denied. When employees seek leave due to FMLA/CFRA-qualifying reasons for which Andrew Logistics has previously provided FMLA/CFRA-protected leave, they must specifically reference the qualifying reason for the leave, or the need for FMLA/CFRA leave.
Timing of Notice
Employees must provide 30 days advance notice of the need to take FMLA/CFRA leave when the need is foreseeable. When 30 days’ notice is not possible, or the approximate timing of the need for leave is not foreseeable, employees must notify Andrew Logistics of the need for leave as soon as practicable under the circumstances. Employees who fail to give 30 days’ notice for foreseeable leave without a
reasonable excuse for the delay, or otherwise fail to satisfy FMLA/CFRA notice obligations, may have FMLA/CFRA leave delayed, or denied.
Cooperating in the Scheduling of Leave
When planning medical treatment for themselves, or family members, or requesting to take leave on an intermittent or reduced schedule work basis, employees must consult with Andrew Logistics to make a reasonable effort to schedule treatment so as not to unduly disrupt operations. Employees must consult with them prior to scheduling treatment in, order to work out a treatment schedule that best suits the needs of both Andrew Logistics and the employees, subject to the approval of the applicable health care provider. To the extent permitted by applicable law, when employees take intermittent, or reduced work schedule leave for foreseeable planned medical treatment for the employees, or family members, including a period of recovery from a serious health condition, or to care for a covered servicemember, Andrew Logistics may temporarily transfer an employee to alternative positions with equivalent pay and benefits for which the employee is qualified and which better accommodate recurring periods of leave.
Submit Initial Medical Certifications Supporting Need for Leave (Unrelated to Requests for Military Family Leave)
Depending on the nature of FMLA/CFRA leave sought, employees may be required to submit medical certifications supporting their need for FMLA/CFRA-qualifying leave. As described below, there generally are three types of FMLA/CFRA medical certifications: an initial certification, recertification, and a return to work/fitness for duty certification.
It is the responsibility of employees to provide timely, complete, and sufficient medical certifications. Whenever Andrew Logistics requests employees to provide FMLA/CFRA medical certifications, they must provide the requested certifications within 15 calendar days after the request, unless it is not practicable to do so despite diligent, good faith efforts. Andrew Logistics will inform employees if submitted medical certifications are incomplete, or insufficient and provide them at least seven (7) calendar days to address deficiencies. Andrew Logistics may delay or deny FMLA/CFRA leave to an employee who fails to address deficiencies or otherwise fails to submit requested medical certifications in a timely manner.
Andrew Logistics (through individuals other than the employee’s direct supervisor) may contact the employee’s health care provider to authenticate a medical certification.
Whenever Andrew Logistics deems it appropriate to do so, it may waive its right to receive timely, complete, and/or sufficient FMLA/CFRA medical certifications.
Initial Medical Certifications
Employees requesting leave because of their own, or a covered family member’s serious health condition, or to care for a covered servicemember, must supply medical certification supporting the need for such leave from their health care provider, or, if applicable, the health care provider of their covered family, or service member. If an employee provides at least 30 days’ notice of medical leave, they should submit the medical certification before leave begins.
If Andrew Logistics has reason to doubt the validity of an initial medical certification regarding the employee’s own serious health condition, it may require the employee to obtain a second opinion at Andrew Logistics’ expense. If the opinions of the initial and second healthcare providers differ, Andrew Logistics may, at its expense, require the employees to obtain a third, final, and binding certification from a healthcare provider designated, or approved jointly by Andrew Logistics and the employee. Andrew Logistics will reimburse an employee for any reasonable “out of pocket” travel expenses incurred to obtain second, or third medical opinions.
Medical Recertifications
Depending on the circumstances and duration of FMLA/CFRA leave, Andrew Logistics may require employees to provide recertification of medical conditions giving rise to the need for leave. Andrew Logistics will notify the employees if recertification is required and will give an employee at least 15 calendar days to provide medical recertification. In cases of leave that qualifies under CFRA, recertification will be requested only when the original certification has expired, and additional leave is requested.
Return to Work Release
Unless notified that providing such certifications is not necessary, an employee returning to work from FMLA/CFRA leaves that were taken because of their own serious health conditions must provide a release to return to work from their healthcare provider stating they can resume work. Employees taking intermittent leave may be required to provide a return-to-work release for such absences up to once every 30 days if reasonable safety concerns exist regarding their ability to perform their duties. They may delay and/or deny job restoration until the employee provides the return-to-work releases.
Submit Certifications Supporting Need for Military Family Leave
Upon request, the first time an employee seeks leave due to qualifying exigencies arising out of the covered active duty, or call to covered active duty status of a military member, Andrew Logistics may require them to provide: 1) a copy of the military member’s active duty orders, or other documentation issued by the military indicating the military member is on covered active duty, or call to active duty status and the dates of the military member’s covered active duty service and, 2) a certification from the employee setting forth information concerning the nature of the qualifying exigency for which leave is requested. Employees shall provide a copy of new active duty orders, or other documentation issued by the military for leaves arising out of qualifying exigencies arising out of a different covered active duty or call to the covered active-duty status of the same, or a different military member.
When leave is taken to care for a covered servicemember with a serious injury or illness as allowed by the FMLA only, Andrew Logistics may require an employee to obtain certifications completed by an authorized health care provider of the covered servicemember. In addition, and in accordance with the FMLA regulations, they may request that the certification submitted set forth additional information provided by the employees and/or the covered servicemember confirming entitlement to such leave.
Reporting Changes to Anticipated Return Date
If the anticipated return to work date changes and it becomes necessary for the employees to take more, or less leave than, originally anticipated, the employees must provide Andrew Logistics with reasonable notice (i.e., within two (2) business days) of the change in circumstances and new return to work date. If an employee gives unequivocal notice of their intent not to return to work, they will be considered to have voluntarily resigned, and Andrew Logistics’ obligation to maintain health benefits (subject to COBRA requirements) and to restore their positions will cease.
Substitute Paid Leave for Unpaid FMLA Leave
Employees are required to substitute accrued paid time while taking an unpaid FMLA/CFRA leave as follows:
if the employee requests FMLA/PDL leave because of disability due to pregnancy, childbirth, or related medical conditions (excluding absences for which they are receiving short-term disability benefits), they must first substitute any accrued paid sick leave for unpaid family/medical leave. The employee may make a written request to substitute accrued, unused
vacation or other paid time off benefits for unpaid FMLA/PDL leave once their sick time is exhausted.
if the employee requests FMLA/CFRA leave because of their own serious health condition (excluding absences for which they are receiving workers’ compensation, or short-term disability benefits), they must first substitute any accrued paid vacation, sick, or other paid time off for unpaid family/medical leave.
if the employee requests FMLA/CFRA leave to care for a covered family member with a serious health condition (excluding absences for which they are receiving Paid Family Leave benefits), they must first substitute any accrued paid vacation, or other paid time off for unpaid family/medical leave. Once vacation or other paid time off is exhausted, upon their request, they can substitute paid sick leave for unpaid FMLA/CFRA leave to care for a covered family member with a serious health condition.
if the employee requests FMLA/CFRA leave to bond with a newborn, or newly placed child (excluding absences for which they are receiving Paid Family Leave benefits), they must first substitute any accrued paid vacation, or other paid time off for unpaid leave.
For purposes of this substitution requirement, leave is not “unpaid” during any time for which the employee is receiving compensation from the State of California under its State Disability Insurance, or Paid Family Leave programs, or when receiving compensation from worker’s compensation. An employee will not be required to use accrued paid leave hours during any time off under this policy for which they are receiving compensation under these programs. However, where applicable and permitted by law, they will be required to use paid leave accruals during any waiting periods applicable to these programs, and upon written request, Andrew Logistics will allow them to use accrued paid time off to supplement any paid workers’ compensation, disability, or Paid Family Leave benefits.
The substitution of paid time off for unpaid family/medical leave time does not extend the length of FMLA/CFRA leaves and the paid time off runs concurrently with the FMLA/CFRA entitlement.
Pay Employee’s Share of Health Insurance Premiums
As noted above, during FMLA/CFRA leave, employees are entitled to continued group health plan coverage under the same conditions as if they had continued to work. If paid leave is substituted for unpaid family/medical leave, Andrew Logistics may deduct the employee’s shares of the health plan premium as a regular payroll deduction. If FMLA/CFRA leave is unpaid, the employee must pay their portion of the premium. Andrew Logistics’ obligation to maintain health care coverage ceases if the premium payment is more than 30 days late. If the payment is more than 15 days late, Andrew Logistics will send a letter notifying the employee that coverage will be dropped on a specified date unless the co-payment is received before that date.
If an employee does not return to work for at least 30 calendar days after the end of the leave period (unless they cannot return to work because of a serious health condition, or other circumstances beyond their control), they will be required to reimburse Andrew Logistics for the cost of the premiums they paid for maintaining coverage during their unpaid FMLA/CFRA leave.
Coordination of FMLA Leave with Other Leave Policies
The FMLA and CFRA do not affect any federal, state, or local law prohibiting discrimination, or supersede any state, or local law which provides greater family, or medical leave rights. For additional information concerning leave entitlements and obligations that might arise when FMLA/CFRA leave is either not available, or exhausted, please consult the ’s other leave policies in this Handbook or contact Human Resources.
Questions and/or Complaints about FMLA/CFRA Leave
If an employee has questions regarding this policy, they should contact Human Resources. Andrew Logistics is committed to complying with the FMLA and CFRA and, whenever necessary, shall interpret and apply this policy in a manner consistent with the FMLA and CFRA.
The FMLA makes it unlawful for employers to 1) interfere with, restrain, or deny the exercise of any right provided under FMLA; or 2) discharge, or discriminate against any person for opposing any practice made unlawful by FMLA, or involvement in any proceeding under, or relating to FMLA. If employees believe their FMLA rights have been violated, they should contact Human Resources immediately. Andrew Logistics will investigate any FMLA complaints and take prompt and appropriate remedial action to address and/or remedy an FMLA violation. Employees also may file FMLA complaints with the United States Department of Labor or may bring private lawsuits alleging FMLA violations.
Leave for Victims of Crime, or Abuse (including Domestic Violence, Sexual Assault, or Stalking)
Employees who are victims of a crime, or abuse, including domestic violence, sexual assault, or stalking, may take unpaid leave for up to 12 weeks for the following reasons:
to seek medical attention for injuries caused by crime, or abuse;
to obtain services from a domestic violence shelter, program, rape crisis center, victim services organization, or agency as a result of the crime, or abuse;
to obtain psychological counseling, or mental health services related to an experience of crime, or abuse; or
to participate in safety planning and take other actions to increase safety from future crime, or abuse, including temporary, or permanent relocation.
Employees are covered as victims and entitled to leave under this policy if they are:
a victim of stalking, domestic violence, or sexual assault;
a victim of a crime that caused physical injury, or that caused mental injury and a threat of physical injury; or
a person whose immediate family member is deceased as the direct result of a crime.
Andrew Logistics may require proof of the employee’s participation in these activities. Whenever possible, employees must provide their supervisor with reasonable notice before taking any time off under this policy.
Employees may substitute any accrued vacation, sick, or other time off for the leave under this policy. Leave under this policy does not extend the time allowable under the "Family and Medical Leave" policy in this handbook.
No employee will be subject to discrimination, or retaliation because of their status as a victim of a crime, or abuse, including crime, or abuse related to domestic violence, sexual assault, or stalking. Victims of a crime, or abuse, including crime, or abuse related to domestic violence, sexual assault, or stalking, may request other accommodations in the workplace such as the implementation of safety measures.
Employees who have been victims of serious, or violent felonies, as specified under California law, or felonies relating to theft, or embezzlement, may take time off work to attend judicial proceedings related to the crime. An employee also may take time off if an immediate family member has been a victim of such crimes and the employee needs to attend judicial proceedings related to the crime. "Immediate family member" is defined as spouse, registered domestic partner, child, child of a registered domestic partner, stepchild, brother, stepbrother, sister, stepsister, mother, stepmother, father, or stepfather.
An employee must give their supervisor a copy of the court notice given to the victim of each scheduled proceeding before taking time off unless advance notice to Andrew Logistics of the need for time off is not feasible. When advance notice is not feasible, the employees must provide Andrew Logistics with documentation evidencing the judicial proceeding, within a reasonable time after the absence. The documentation may be from the court, or government agency setting the hearing, the district attorney, or prosecuting attorney's office, or the victim/witness office that is advocating on behalf of the victim.
An employee may elect to use accrued paid vacation time, paid sick leave time, or other paid time off for the absence. If the employee does not elect to use paid time off, the absence will be unpaid. However, exempt employees will be paid their full salary for any workweek interrupted by the need for time off under this policy.
If an employee is disabled by pregnancy, childbirth, or related medical conditions, they are eligible to take a pregnancy disability leave (PDL). If affected by pregnancy or a related medical condition, an employee also is eligible to transfer to a less strenuous, or hazardous position, or less strenuous, or hazardous duties, if such a transfer is medically advisable and can be reasonably accommodated. employees disabled by qualifying conditions may also be entitled to other reasonable accommodations where doing so is medically necessary. In addition, if it is medically advisable for employees to take intermittent leave, or work a reduced schedule, they may require them to transfer temporarily to an alternative position with equivalent pay and benefits that can better accommodate recurring periods of leave.
The PDL is for any period(s) of actual disability caused by pregnancy, childbirth, or related medical condition up to four (4) months per pregnancy. For purposes of this policy, "four months" means time off for the number of days the employees would normally work within the four (4) calendar months (one-third (1/3) of a year, or 17 1/3 weeks), following the commencement date of taking a pregnancy disability leave. For full-time employees who work 40 hours per week, "four months" means 693 hours of leave entitlement, based on 40 hours per week times 17 1/3 weeks. Employees working a part-time schedule will have their PDL calculated on a pro-rata basis.
The PDL does not need to be taken in one continuous period of time but can be taken on an intermittent basis pursuant to the law.
Time off needed for prenatal, or postnatal care, severe morning sickness, gestational diabetes, pregnancy-induced hypertension, preeclampsia, doctor-ordered bed rest, postpartum depression, loss, end of pregnancy, and recovery from childbirth are all covered by PDL.
To receive a reasonable accommodation, obtain a transfer, or take a PDL, employees must provide sufficient notice so they can make appropriate plans. Thirty days advance notice is required if the need for the reasonable accommodation, transfer, or PDL is foreseeable, otherwise as soon as practicable if the need is an emergency, or unforeseeable.
Employees are required to obtain a certification from their health care provider of the need for pregnancy disability leave, the medical advisability of an accommodation, or a transfer. The certification is sufficient if it contains: (1) a description of the requested reasonable accommodation, or transfer; (2) a statement describing the medical advisability of the reasonable accommodation, or transfer because of pregnancy; and (3) the date on which they need for a reasonable accommodation, or transfer became, or will become medically advisable and the estimated duration of the reasonable accommodation, or transfer.
A medical certification indicating disability necessitating a leave is sufficient if it contains: (1) a statement that the employee needs to take pregnancy disability leave because of disability due to pregnancy, childbirth, or a related medical condition; (2) the date on which the employees became disabled because of pregnancy; and (3) the estimated duration of the leave.
Upon request, the employees will be provided with a medical certification form that the employees can take to the doctor.
As a condition of returning from pregnancy disability leave or transfer, Andrew Logistics requires the employees to obtain a release from a health care provider stating the ability to resume the original job duties with, or without reasonable accommodation.
PDL is unpaid. At the Employee’s option, the employees can use any accrued vacation time, or other accrued paid time off as part of the PDL before taking the remainder of leave on an unpaid basis. Andrew Logistics requires, however, that the employees use any available sick time during the PDL. The substitution of any paid leave will not extend the duration of the PDL. An employee who participates in the group health insurance plan will continue to participate in the plan while on PDL under the same terms and conditions as if they were working. Benefit continuation under PDL is distinct from benefit continuation for an employee who also takes birth bonding leave under the CFRA. The employees should make arrangements for payment of their share of the insurance premiums.
Andrew Logistics encourages employees to contact the California Employment Development Department regarding eligibility for state disability insurance for the unpaid portion of the leave.
If an employee does not return to work on the originally scheduled return date, nor request in advance an extension of the agreed-upon leave with appropriate medical documentation, they may be deemed to have voluntarily terminated their employment with Andrew Logistics Failure to notify Andrew Logistics of their ability to return to work when it occurs, or continued absence from work because the leave must extend beyond the maximum time allowed may be deemed a voluntary termination of employment unless an employee is entitled to Family and Medical Leave or entitled to further leave pursuant to applicable law.
Upon return from a covered PDL, the employees, in most instances, will be reinstated to the same position.
Taking a PDL may affect some benefits and the employee’s seniority date. The employees may request more information regarding eligibility for PDL and the impact of the leave on seniority and benefits.
Any request for leave after the disability has ended will be treated as a request for family care leave under the CFRA and the federal Family and Medical Leave Act (FMLA), if the employee is eligible for that type of leave. PDL runs concurrently with FMLA (but not CFRA). The employees should refer to the FMLA policy. An employee who is not eligible for leave under the CFRA, or FMLA will have a request for additional leave treated as a request for disability accommodation.
Time Off for Volunteer Firefighters, Reserve Peace Officers & Emergency Rescue Personnel
Employees who are volunteer firefighters, reserve peace officers, or emergency rescue personnel are permitted unpaid time off, not to exceed 14 days per calendar year, for the purpose of engaging in fire, law enforcement, or emergency rescue training. If the employee requests time off under the policy, they must notify their direct supervisor immediately after the need for the leave becomes known.
Andrew Logistics will reimburse employees for reasonable expenses incurred for business purposes including, but not limited to, meals, lodging, and transportation. Mileage driven in a personal automobile for business purposes will be reimbursed at the current IRS-approved rate per mile. All business travel and business purchases must be approved in advance.
Acknowledgment and Receipt of California: Discrimination, Harassment and Retaliation Prevention Policy
Andrew Logistics does not tolerate and prohibits discrimination, harassment, or retaliation of, or against job applicants, contractors, interns, volunteers, or employees by another employee, supervisor, vendor, customer, or a third party based on actual, or perceived race, color, creed, religion, age, sex, or gender (including pregnancy, childbirth, and related medical conditions), sexual, orientation, gender identity, or gender expression (including transgender status), national origin, ancestry, marital status, protected medical condition as defined by state law (including cancer, or genetic characteristics), physical, or mental disability, military, and veteran status, genetic information, or any other characteristic protected by applicable federal, state, or local laws and, ordinances. Andrew Logistics is committed to a workplace free of discrimination, harassment, and retaliation.
Our management team is dedicated to ensuring the fulfillment of this policy as it applies to all terms and conditions of employment, including recruitment, hiring, placement, promotion, transfer, training, compensation, benefits, employee activities, and general treatment during employment.
Discrimination Defined
Discrimination under this policy means treating differently, denying, or granting a benefit to an individual because of the individual's protected characteristic.
Harassment Defined
Harassment is defined in this policy as unwelcome verbal, visual, or physical conduct creating an intimidating, offensive, or hostile work environment that interferes with work performance. Harassment can be verbal (including slurs, jokes, insults, epithets, gestures, or teasing), visual (including offensive posters, symbols, cartoons, drawings, computer displays, or e-mails), or physical conduct (including physically threatening another, blocking someone's way, etc.) that denigrates, or shows hostility, or aversion toward an individual because of any protected characteristic. Such conduct violates this policy, even if it is not unlawful. Because it is difficult to define unlawful harassment, employees are expected to behave at all times in a manner consistent with the intended purpose of this policy.
Sexual Harassment Defined
Sexual harassment can include all of the above actions, as well as other unwelcome conduct, such as unwelcome, or unsolicited sexual advances, requests for sexual favors, conversations regarding sexual activities, and other verbal, or physical conduct of a sexual nature. Sexual harassment includes unwelcome,
or unwanted conduct that is either of a sexual nature or directed at an individual because of that individual’s sex when:
submission to that conduct, or those advances, or requests is made either explicitly, or implicitly a term or condition of an individual's employment;
submission to, or rejection of the conduct, or advances, or requests by an individual is used as the basis for employment decisions affecting the individual; or
the conduct, or advances, or requests have the purpose, or effect of unreasonably interfering with an individual’s work performance, or creating an intimidating, hostile, or offensive working environment.
Examples of conduct that violate this policy include:
unwelcome, or unwanted sexual advances, flirtations, advances, leering, whistling, touching, pinching, assault, and blocking normal movement;
requests for sexual favors, or demands for sexual favors in exchange for favorable treatment;
obscene, or vulgar gestures, posters, or comments;
sexual jokes, or comments about a person's body, sexual prowess, or sexual deficiencies;
propositions, or suggestive, or insulting comments of a sexual nature;
derogatory cartoons, posters, and drawings;
sexually explicit e-mails, text messages, or voicemails;
uninvited touching of a sexual nature;
unwelcome, or unwanted sexually related comments;
a conversation about one's own, or someone else's sex life;
conduct, or comments consistently targeted at only one gender, even if the content is not sexual; and
teasing, or other conduct directed toward a person because of the person's gender.
Retaliation Defined
Retaliation means adverse conduct taken because an individual reported an actual, or a perceived violation of this policy, opposed practices prohibited by this policy, or participated in the reporting and investigation process described below. "Adverse conduct" includes but is not limited to:
shunning and avoiding an individual who reports harassment, discrimination, or retaliation;
express, or implied threats, or intimidation intended to prevent an individual from reporting harassment, discrimination, or retaliation; and
deny employment benefits because an applicant or employees reported harassment, discrimination, or retaliation, or participated in the reporting and investigation process described below.
All discrimination, harassment, and retaliation are unacceptable in the workplace and any work-related settings such as business trips and business-related social functions, regardless of whether the conduct is engaged in by a supervisor, a coworker, a client, a customer, a vendor, or another third party.
Reporting Procedures
The following steps have been put into place to ensure the work environment is respectful, professional, and free of discrimination, harassment, and retaliation. If the employee believes someone has violated this policy or the Equal Employment Opportunity policy, the employee should promptly bring the matter to the immediate attention of the Supervisor and/or Human Resources. (Phone numbers are available through the directory.) If this individual is the person toward whom the complaint is directed, the employees should contact any higher-level manager in the reporting chain. If the employee makes a complaint under this policy and has not received a satisfactory response within five (5) business days, any member of management should be contacted immediately. (Phone numbers are available through the directory.)
Every supervisor who learns of an employee’s concern about conduct in violation of this policy, whether in a formal complaint or informally, must immediately report the issues raised to the Head of Human Resources.
Investigation Procedures
Upon receiving a complaint, Andrew Logistics promptly conducts a fair and thorough investigation into the facts and circumstances of any claim of a violation of this policy, or the Equal Employment Opportunity policy. To the extent possible, Andrew Logistics will endeavor to keep the reporting employee’s concerns confidential. However, complete confidentiality may not be possible in all circumstances.
During the investigation, generally, the complainant and the accused will be interviewed, further interviews will be conducted as necessary, and there will be a review of any relevant documents or other information. Upon completion of the investigation, Andrew Logistics shall determine whether this policy has been violated based on its reasonable evaluation of the information gathered during the investigation. Andrew Logistics will inform the complainant and the accused of the results of the investigation.
Andrew Logistics will take corrective measures against any person who it finds to have engaged in conduct in violation of this policy if it’s determined such measures are necessary. These measures may include but are not limited to, counseling, suspension, or immediate termination. Anyone regardless of position, or title, who has engaged in conduct that violates this policy will be subject to discipline up to and including termination.
Training
All employees are required to undergo harassment prevention training as required by applicable law. For more information about this training requirement, visit https://www.dfeh.ca.gov/shpt/.
Retaliation Prohibited
In addition to being a violation of this policy, harassment, discrimination, or retaliation also can be against the law. An employee who engages in conduct that rises to the level of a violation of the law can be held personally liable for such conduct.
Remember, Andrew Logistics cannot remedy claimed discrimination, harassment, or retaliation unless the employee brings these claims to the attention of management. Employees should not hesitate to report any conduct they believe violates this policy.
I acknowledge that I have received, read, and understand Andrew Logistics' Discrimination, Harassment, and Retaliation Prevention Policy. I agree to abide by and be bound by the rules, provisions, and standards set forth in Andrew Logistics’ policy. I further acknowledge that Andrew Logistics reserves
the right to revise, delete, and add to the provisions of the Discrimination, Harassment, and Retaliation Prevention Policy at any time. I also acknowledge I have received the California Department of Fair Employment & Housing’s brochure, Sexual Harassment, The Facts About Sexual Harassment (DFEH-185 brochure).
Employee's Printed Name:
Employee's Signature:
Position:
Date:
The signed, original copy of this receipt should be given to management - it will be filed in your personnel file.
Employees who have worked for Andrews Logistics for at least three (3) months may be granted up to three (3) days of unpaid leave in any 12-month period if the employee or a family or household member of the employee is the victim of domesticviolence.
Leave may be used to:
Seek an injunction for protection against domestic violence or an injunction for protection in cases of repeat violence, dating violence or sexual violence;
Obtain medical care or mental health counseling, or both, for the employee or a family or household member to address physical or psychological injuries resulting from the act of domestic violence;
Obtain services from a victim-services organization, including, but not limited to, a domestic violence shelter or program or a rape crisis center as a result of the act of domestic violence; make their home secure from the perpetrator of the domestic violence or to seek new housing to escape the perpetrator; or
Seek legal assistance in addressing issues arising from the act of domestic violence.
"Family or household member" means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
Except in cases of imminent danger to the health or safety of the employees or their family or household member, three (3) days advance notice of the need for leave is required. Sufficient documentation of the act of domestic violence, such as a restraining order, police report or order to appear in court, is also required. Requests for leave and documents in connection with this leave will be kept confidential to the extent permitted by law.
All paid time off available must be exhausted before receiving this leave.
In compliance with Illinois law, Andrews Logistics will not discriminate against employees because of pregnancy; will engage in a timely, good faith, and meaningful exchange with employees affected by pregnancy, childbirth or related conditions; and will endeavor to provide a reasonable accommodation unless doing so will impose an undue hardship on the ordinary operation of the Company business.
Such accommodations include modifications or adjustments to the work environment or circumstances under which the employee's position is customarily performed, including but not limited to more frequent or longer bathroom, water intake, or rest breaks; private non-bathroom space for expressing breast milk and breastfeeding; seating accommodations or acquisition or modification of equipment; assistance with manual labor, light duty, or a temporary transfer to a less strenuous or non-
hazardous position; job restructuring or a part-time or modified work schedule; appropriate adjustment or modifications of examinations or training materials; assignment to a vacant position; or providing leave to recover from childbirth or pregnancy.
Employees will not be required to accept an accommodation that they did not request or to which they did not agree, nor will they be forced to take leave if another reasonable accommodation is available.
The employee may be required to provide certification from a health care provider concerning the need for a reasonable accommodation to the same extent such a certification is required for other conditions related to a disability. A certification should include:
Medical justification for the requested accommodation(s);
A description of the reasonable accommodation(s) medically advisable; the date the accommodation(s) became advisable; and
The probable duration of the reasonable accommodation(s).
The Company will not deny employment opportunities or take adverse employment action against employees if such decision is based on the Company's need to make a reasonable accommodation, and the Company will not retaliate against employees who request an accommodation or otherwise exercise their rights under the Illinois Human Rights Act.
The Illinois Human Rights Act is enforced by the Illinois Department of Human Rights ("IDHR"). The charge process for violations of the law can be initiated by contacting the IDHR at any of the offices shown below or by completing the form at https://www2.illinois.gov/DHR/Pages/default.aspx.
Chicago Office Springfield Office
100 W. Randolph St. 535 WestJefferson 10th Floor
Intake Unit Intake Unit
Chicago, IL 60601 Springfield, IL 62704
(312) 814-6200 (217) 785-5100
Employees with questions or concerns regarding this policy or who would like to request an accommodation should contact the Head of Human Resources.
In compliance with the Illinois Human Rights Act ("Act"), all employees have the right to be free from unlawful discrimination or sexual harassment. This means that employers may not treat people differently based on race, age, gender, pregnancy, disability, sexual orientation or any other protected class named in the Act. This applies to all employer actions, including hiring, promotion, discipline and discharge.
Employees also have the right to reasonable workplace accommodations based on pregnancy and disability. This means employees can ask for reasonable changes to their job if needed because they are pregnant or disabled.
It is also unlawful for employers to treat people differently because they have reported discrimination, participated in an investigation, or helped others exercise their right to complain about discrimination.
Aside from the internal complaint process at Andrews Logistics, employees may choose to file a charge of discrimination or sexual harassment under the Act with the IDHR. The charge process for violations of the law can be initiated by completing the form at https://www2.illinois.gov/DHR/Pages/default.aspx or by contacting the IDHR at IDHR.Intake@illinois.gov, or any of these offices:
Chicago Office
100 W. Randolph St., 10th Floor Intake Unit Chicago, IL 60601
(312) 814-6200
(866) 740-3953 (TTY)
(312) 814-6251 (Fax)
Springfield Office
535 W. Jefferson Street, 1st Floor Intake Unit Springfield, IL 62702
(217) 785-5100
(866) 740-3953 (TTY)
(217) 785-5106 (Fax)
Employees also can contact the Illinois Sexual Harassment and Discrimination Helpline at 1-877-236-7703.
Full-time employees are eligible to receive up to six (6) paid sick days each year.
If the employees will be out of work due to illness, they must call in and notify their supervisor as early as possible, but at least by the start of the workday. If the employees call in sick for three (3) or more consecutive days, they may be required to provide their supervisor with a doctor's note on the day they return to work.
Sick days must be taken during the year they are received. Accrued, unused sick time cannot be carried over from one year into the next and is not paid out at separation.
Sick days must be used in at least half-day increments.
While sick days are intended to cover only the employee's own illnesses, half of the employee's sick days may be used to care for a family member (including the employee's child, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent or stepparent) with an illness, injury or medical appointment.
Advanced but unaccrued sick days will be deducted from the employee's final paycheck to the extent permitted by and in accordance with state law.
The Company provides earned sick leave to covered employees in Cook County (including but not limited to the City of Chicago) who work for the Company at least 80 hours within a 120-day period. This policy does not apply to employees working in areas of Cook County that have "opted-out" of complying with the Cook County Earned Sick Leave Ordinance. To the extent such employees are eligible for sick time under the general Sick Days policy and/or any other applicable sick time/leave law or ordinance, this policy applies solely to the extent it provides greater benefits/rights on any specific issue or issues than the general Sick Days policy and/or any other applicable sick time/leave law or ordinance.
Accrual
Employees begin accruing earned sick leave on July 1, 2017 or the first day of employment, whichever is later. Employees accrue one (1) hour for every 40 hours worked, up to a maximum accrual of 40 hours each year. Exempt employees are assumed to work 40 hours in each workweek unless their normal workweek is less than 40 hours, in which case earned sick leave accrues based upon their normal workweek. For purposes of this policy, the year is the consecutive 12-month period beginning January 1 and ending on December 31.
Usage
Employees may use earned sick leave 180 calendar days after the start of employment. Earned sick leave must be used in a minimum increment of four (4) hours. Generally, the employee may not use more than 40 hours of earned sick leave per year, except that the employee on FMLA leave with earned sick leave carried over from the previous year can use an additional 20 hours of earned sick leave (for a total of 60 hours of earned sick leave) that year. Earned sick leave can be used when:
The employee is ill or injured or receiving medical care, treatment, diagnosis or preventative medical care;
A family member is ill or injured or receiving medical care, treatment, diagnosis or preventative medical care;
The employee or a family member is a victim of domestic violence; or
The employee's place of business is closed by order of a public official due to a public health emergency, or the employee needs to care for a child whose school or place of care has been closed by order of a public official due to a public health emergency.
For purposes of this policy, "family member" means child, spouse or domestic partner, parent, spouse or domestic partner's parent, sibling, grandparent, grandchild or any other individual related by blood or whose close association with the employee is the equivalent of a family relationship. Adoptive, "step," foster, legal guardianship and in-loco-parentis relationships are all included within this definition.
The employee's use of earned sick leave will not be conditioned upon searching for or finding a replacement worker.
Employees who are absent for a covered reason(s) are generally required to use available earned sick leave during the absence.
Notice and Documentation
When the use of earned sick leave is reasonably foreseeable (e.g., pre-scheduled health care appointments or court dates in a domestic violence case), the employee is required to provide up to
seven (7) days' notice to the Head of Human Resources before leave is taken. When the use of earned, sick leave is not reasonably foreseeable, the employee is required to provide notice to the Head of Human Resources as soon as is practicable on the day they intend to take earned sick leave.
For earned sick leave absences of more than three (3) consecutive workdays, the Company requires reasonable documentation that the earned sick leave was used for a reason covered under this policy. For reason numbers #1 and #2 above, the employee can provide documentation signed by a licensed health care provider. For reason number #4 above, the employee can provide a police report; a court document; a signed statement from an attorney, clergy member, or victim services advocate; or any other reasonable documentary evidence, including a written statement from the employee or any other person who has knowledge of the circumstances. Documentation need not explain the nature of the employee's or a family member's health condition or the details of the domestic violence.
Payment
Earned sick leave will be paid at the same rate the employee earns from their employment at the time the employee uses such leave, unless otherwise required by applicable law, and no less than the applicable minimum wage. Use of earned sick leave is not considered hours worked for purposes of calculating overtime.
Carryover and Payout
Employees may generally carry over half of their accrued, unused earned sick leave to the following year up to 20 hours, except that if the employee starts employment other than on the first day of the year, the figure will not be halved at the end of the first year and the 20-hour limit shall apply.
Employees also can carry over up to 40 additional hours to be used exclusively for FMLA purposes such that the total carryover is limited to a maximum of 60 hours to the following year. Unused earned sick leave will not be paid at separation.
Interaction with FMLA
When employees use earned sick leave while on FMLA, the notice and documentation/certification requirements under the FMLA, and any other applicable provisions of the FMLA, take precedence to the extent they conflict with a provision of this policy.
Enforcement and Retaliation
The Company prohibits retaliation against employees for requesting or using earned sick leave or for filing a claim with the Chicago Department of Business Affairs and Consumer Protection or the Cook County Commission on Human Rights. Employees who believe that their legal rights have been violated are encouraged to contact the Head of Human Resources. Employees may make a complaint with the Cook County Commission on Human Rights in person (69 W. Washington, 30th Floor, Chicago, IL 60602), by email (human.rights@cookcountyil.gov), or by telephone (312-603-1100).
For additional information on this policy, please contact the Head of Human Resources.
Andrews Logistics provides employees who are nursing with reasonable break time to express breast milk after the birth of a child.
The break time provided must run concurrently with any other break time provided to employees but to the extent the lactation break does not occur during an otherwise unpaid break such time is paid.
The Company will make reasonable efforts to provide a private location in close proximity to the employee's work area. The Company will not retaliate against employees for exercising their rights under this policy.
Employees called to serve as a witness in a judicial proceeding must notify their supervisor as soon as possible.
Employees will not be compensated for time away from work to participate in a court case, but may use available vacation and personal time to cover the period of absence.
Employees attending judicial proceedings in response to a subpoena will not be disciplined for their absence.
Employees who are eligible for leave under the federal Family and Medical Leave Act (FMLA) and who suffer the loss of a child may take up to two (2) weeks of unpaid leave for any or all of the following purposes:
To attend the funeral or alternative to a funeral;
To make arrangements necessitated by the death of the employee's child; or to grieve the death of the employee's child.
For purposes of this policy, "child" means the employee's son or daughter who is a biological, adopted or foster child, a stepchild, a legal ward or a child of a person standing in loco parentis.
Leave under this policy is only available to employees who have not exhausted their FMLA leave entitlement at the time bereavement leave is requested. In the event of the death of more than one (1) child in a 12-month period, the employee may take up to a total of six (6) weeks of bereavement leave during the 12-month period. Bereavement leave must be completed within 60 days of the date on which the employee received notice of the death of thechild.
The employee requesting leave under this policy generally must provide Andrew Logistics with at least 48 hours' advance notice of the intention to take bereavement leave, unless providing such notice is not reasonable and practicable under the circumstances.
Employees may elect to use available paid time off while taking leave under this policy.
The Company may require reasonable documentation in connection with leave taken under this
policy.
Employees will not be subject to adverse action for exercising rights or attempting to exercise rights under this policy, opposing practices that they believe to be in violation of this policy or supporting the exercise of rights of another under this policy.
Andrews Logistics will not discharge employees who serve as volunteer emergency workers and are absent from or late to work due to their participation in an emergency situation. Volunteer emergency workers include volunteer firefighters, emergency medical technicians, ambulance drivers or attendants, first responders, members of county municipal emergency services and disaster agencies, and auxiliary policemen or deputies. Employees must make a reasonable effort to notify the Company that they may be absent from or late towork.
Andrews Logistics will grant eligible employees up to 30 days of unpaid family military leave if their spouse or child is called to military service with the State or the United States for more than 30 days. Family military leave must be taken during the time federal or state deployment orders are in effect.
To be eligible, the employee must have been employed for at least 12 months and have worked at least 1,250 hours during the 12-month period immediately preceding the request for family military leave. Employees may take family military leave only if they have exhausted all accrued vacation, personal, compensatory and other leave, except sick and disabilityleave.
The request for leave must be made at least 14 days in advance if the leave will consist of five
(5) or more consecutive workdays. If the leave will consist of less than five (5) days, the request must be made with as much advance notice as is practicable.
Employees that take family military leave may elect to continue benefits at their own expense during the leave.
Employees that take family military leave will be reinstated to the position they held before commencing leave, or to a position with equivalent seniority, status, employee benefits, pay and other terms and conditions of employment.
Employees must provide certification from the proper military authority to verify their eligibility for the family military leave requested.
In accordance with the Illinois Victims' Economic Security and Safety Act, employees who are the victims of domestic or sexual violence, or who have family or household members who are the victims of domestic or sexual violence, may be eligible for up to 12 weeks of unpaid leave within any 12-month period, and upon return will be restored to the same or an equivalent position.
Prior to receiving such leave, the Company may require the employee to substitute any and all annual or vacation leave, personal leave, and sick leave. This substitution of paid leave does not extend the total allowed leave period but runs concurrently with it. Leave for Victims of Domestic or Sexual Violence also runs concurrently with Family and Medical Leave when the reason for the leave qualifies for Family and Medical Leave, such as for a serious health condition. In these situations, the leave does not extend any unpaid time available to the employee under Family and Medical Leave.
Reasons for Leave
Eligible employees may take Leave for Victims of Domestic or Sexual Violence so that they or a member of their family or household may take part in one or more of the following actions:
Seek medical attention for or recover from physical or psychological injuries caused by domestic or sexual violence;
Obtain services from a victim's services organization;
Obtain psychological or other counseling;
Participate in safety planning, including temporary or permanent relocation, or other actions to increase their physical safety or economic security; or
Seek legal assistance or remedies to ensure their health and safety.
Notice of Need for Leave
Eligible employees must provide the Company with at least 48 hours advance notice of the need for leave. Unless such notice is not practicable.
Certification of the Need for Leave
To request leave, the employee must supply the Company with a sworn statement from the employee that the employee or a family or household member is a victim of domestic or sexual violence and that leave is necessary for one of the reasons described above.
The employee seeking leave also must provide supporting documentation from one of the following sources:
a victim's services organization; a member of the clergy;
an attorney;
a medical professional from which the employee or family or household member has sought assistance;
a police report or court record; or any other corroborating evidence.
Employee Benefits
During an approved leave, the Company will maintain the employee's health benefits as if the employee continued to be actively employed.
If paid time off is substituted for unpaid leave, the Company will deduct the employee's portion of the any applicable health plan premium as a regular payrolldeduction.
If the employee's leave is unpaid, the employee must make arrangements with Human Resources prior to taking leave to pay their portion of any applicable health insurance premiums each month.
If the employee elects not to return to work at the end of the leave period, the employee will be required to reimburse the Company for the cost of the health benefit premiums paid by the Company for maintaining coverage during the unpaid leave period, unless the employee cannot return to work because of continuation, recurrence or onset of domestic or sexual violence or other circumstances beyond the employee's control.
Intermittent and Reduced Schedule Leave
Unpaid leave may be taken intermittently (in separate blocks of time) or on a reduced leave schedule (reducing the usual number of hours you work per work week or workday).
Periodic Reports
During a leave, the employee must provide periodic reports (at least every 30 days) regarding the employee's status and any change in the employee's plans on returning to work.
Parents and guardians having custody of schoolchildren from kindergarten through Grade 12 are provided up to eight (8) hours per year of unpaid time off (not to exceed four (4) hours in any single day) to attend school conferences or classroom activities related to the child if the conference or classroom activities cannot be scheduled during nonwork hours. Andrews Logistics may require proof that the employee attended school conferences or classroom activities related to the child. Employees first must exhaust all accrued paid time off, then they may take unpaid time off for this purpose. However, employees will be given the opportunity to make up any lost work time. Seven (7) days' written notice (except in emergency situations when 24-hours' notice is sufficient) must be given to the supervisor or manager before taking any time off for school children. Employees must consult with the Company to schedule their leave so as not to unduly disrupt operations.
Employees are entitled to up to 40 hours of paid leave for the purposes of donating bone marrow. Verification of donation and the length of necessary leave may be required Andrews Logistics Reasonable notice of leave must be provided.
Employees are entitled to an unpaid leave of absence of up to six (6) weeks for any pregnancy-related disability. Andrews Logistics may require verification of disability. Timely notice of leave is required. Leave runs concurrently with any other leave provided by the Company.
Andrews Logistics will grant employees who are parents or guardians of school-age children up to 16 hours of unpaid leave during any 12-month period to observe or participate in conferences or classroom activities related to the employee's dependent children for whom the employee is the legal guardian that are conducted at the child's school or day care center, if such activities cannot reasonably be scheduled during the nonwork hours of the employee. The employee must provide reasonable prior notice of the leave and must make a reasonable effort to schedule the leave so as not to unduly disrupt the Company's operations. Employees may use accrued paid time off for this purpose.
The Ohio Civil Rights Act prohibits Andrews Logistics from discriminating on the basis of protected characteristics, including:
Race;
Color;
Religion;
Sex (including pregnancy, childbirth, and related medical conditions);
Military status;
National origin;
Disability;
Age; and
Ancestry.
The law also prohibits Andrews Logistics from retaliating against any person because they:
Oppose any unlawful discriminatory practice;
Make a charge; or
Testify, assist, or participate in any manner in any investigation, proceeding, or hearing.
Under Ohio law, Andrews Logistics is prohibited from discriminating in the payment of wages on the basis of:
Race;
Color;
Religion;
Sex;
Age;
National origin; and
Ancestry.
However, payment at a different rate for equal work is allowed if based on a:
Seniority system;
Merit system;
A system that measures earnings by the quantity or quality of production; or
Factor other than race, color, religion, sex, age, national origin, or ancestry.
In Ohio, an employee is protected from adverse employment action for reporting Andrews Logistics' or co-worker's violation of any local, state, or federal statute, ordinance, or regulation that the employee reasonably believes is a criminal offense that:
Is likely to cause an imminent risk of physical harm to persons;
Is a hazard to public health or safety;
Is a felony; or
Is an improper solicitation for a contribution.
The employee must notify the employer of the violation and provide a detailed written report.
Ohio law does not prohibit Andrews Logistics from running a criminal background check. Generally, however, Andrews Logistics may not question a job applicant regarding sealed or expunged arrests or convictions. Andrews Logistics may ask about a sealed conviction record only if it bears a direct and substantial relationship to the job.
Employers with annual gross receipts of $314,000 or more must pay their non-exempt employees a minimum wage of $8.55 per hour. The federal minimum wage applies to employers with annual gross receipts of less than $314,000. Exceptions apply for tipped employees and employees under age 16.
Ohio law requires employers to pay employees overtime at a rate of one and one-half times the employee's wage rate for hours worked in excess of 40 hours in one week in the manner provided for and subject to the exemptions of the federal Fair Labor Standards Act. Ohio's overtime law specifically exempts employers with gross receipts of less than $150,000 per year.
Andrews Logistics may pay employees in cash or with checks drawn on banks convertible into cash on demand at full face value.
Employees in Ohio must be paid at least semimonthly. Longer periods, such as monthly, are permitted under certain circumstances.
Andrews Logistics may make deductions from employees' wages under limited circumstances, including:
For federal, state, or local taxes;
According to a court order;
According to a written agreement to provide the employee with certain benefits; and
With the employee's written authorization.
Other deductions require approval from the state.
Authorized employee deductions include, but are not limited to, the following:
Purchases of US savings bonds, corporate stocks, or bonds;
Contributions to charity;
Savings programs (credit union or other regular savings programs); or
Loan or other obligation repayments.
Andrews Logistics may not deduct or retain the employee's wages, or a part of wages, for wares, tools, or machinery that are destroyed or damaged.
Eligible employees and their covered dependents who lose group health care coverage due to the employee's involuntary termination (other than for gross misconduct) are entitled to elect continuation coverage for up to 12 months.
Ohio has several laws relating to required time off and leaves of absence for employees. These laws include:
Family military leave (covering employers with 50 or more employees);
Emergency responder leave;
Voting/election official leave;
Jury duty leave;
Witness leave;
Crime victim leave; and
Military leave.
The Smoke-Free Workplace Act forbids smoking in all workplaces and requires employers to post "No Smoking" signs at all entrances.
Andrews Logistics is permitted to ban guns and weapons in the workplace. However, Andrews Logistics may not prohibit an employee from carrying or storing firearms in the trunk, glove compartment, or other enclosed container within their private, locked vehicle.
Ohio prohibits driving a vehicle while writing, sending, or reading text-based communications on a handheld electronic wireless communications device.
Employees who voluntarily or involuntarily leave employment must be paid final wages by the next regular payday. Andrews Logistics must honor company policy that requires the value of accrued vacation time to be paid to a terminating employee. Andrews Logistics must pay all wages due to a deceased employee at any time after the employee's death provided no letters testamentary or letters of administration have been issued against the estate. Payment made be made to the employee's relatives in a certain order, beginning with their spouse.
Andrews Logistics that, upon request, discloses information pertaining to an employee's job performance to a prospective employer generally cannot be found liable for harm caused as a result of the disclosure. This immunity may be lost if the employer disclosed the information in bad faith, with malicious purpose or knowing it was false, or the disclosure constitutes illegal discrimination.
When Andrews Logistics lays off 50 or more employees in any seven-day period due to lack of work must notify the state at least three working days before the first day of the layoff.
In compliance with the Pittsburgh City Code, Andrews Logistics will not discriminate against employees because of pregnancy, childbirth or related medical conditions and events. The Company will endeavor to reasonably accommodate employees affected by pregnancy, childbirth or related medical conditions as well as employees who are the partner of a person who is pregnant or affected by a related medical condition in order to allow the employee to perform the essential duties of the job unless doing so will impose an undue hardship on thebusiness.
Accommodations
Such accommodations may include but are not limited to: modifications or adjustments to the employee's work station, including seating accommodations; work schedule modifications, including additional water, bathroom, rest and lactation-related breaks; modified job requirements or job reassignment, including light duty work; or providing unpaidleave.
Request for Accommodation
Any employees who need to request an accommodation due to pregnancy, childbirth or a related medical condition should contact Human Resources. If employees who requested an accommodation have not received an initial response within five (5) business days, employees should contact Human Resources.
After receiving a request for an accommodation due to pregnancy, childbirth or a related medical condition or otherwise becoming aware that employees require such an accommodation, the Company will engage in an interactive process with employees. Even if employees have not formally
requested an accommodation, the Company may initiate an interactive process under certain circumstances, such as when the Company has knowledge that the employee's performance at work has been negatively affected and also has a reasonable basis to believe that the issue is related to the employee's or their partner's pregnancy, childbirth or related medical condition, in compliance with applicable law.
Interactive Process
The interactive process may take place in person, by telephone or by electronic means such as e- mail. As part of the interactive process, the Company will communicate with the individual in order to determine whether and how the Company may be able to provide a reasonable accommodation. To the extent necessary and appropriate based on the request, the Company will attempt to explore the existence and feasibility of alternative accommodations as well as alternative positions for the individual. The Company is not required to provide the specific accommodation sought by an individual, provided the alternatives are reasonable and either meet the specific needs of the individual or specifically address the individual's limitations.
As part of the interactive process, the Company reserves the right to request medical documentation, to the extent permitted by applicable law. If the Company believes that the provided documentation is insufficient, and before denying the request based on insufficient documentation, the Company reserves the right to request additional documentation from the employee or, upon the employee's written consent, speak with the health care provider who provided the documentation. As applicable, the employee whose time off is covered by the Family Medical Leave Act (FMLA) may also be required to provide medical documentation, depending on the circumstances of the leave request, pursuant to federal law.
At the conclusion of the interactive process, the Company will provide written notice to the employee in a timely manner indicating that the Company:
will be able to offer and provide a reasonable accommodation,
will not be able to provide a reasonable accommodation to the employee because there is no accommodation available that will not cause an undue hardship on Company operations, or will not be able to provide a reasonable accommodation to the employee because no accommodation exists that will allow the employee to perform the essential requisites of the job.
The Company will not retaliate or take any adverse employment action against any employee because the employee requested a reasonable accommodation under this policy, opposed a discriminatory act prohibited by the Code, made a complaint of discrimination under the Code; or testified or otherwise assisted or participated in an investigation by or proceeding before the Pittsburgh Commission on Human Relations.
Employees with questions or concerns regarding this policy should contact Human Resources.
Eligibility
Andrews Logistics provides paid sick time to employees who work in Philadelphia for at least 40 hours in a year. For employees who work in Philadelphia who are eligible for sick time under the general Paid Sick Time policy and/or any other applicable sick time/leave ordinance, this policy applies
solely to the extent it provides greater benefits/rights on any specific issue or issues than the general Paid Sick Time policy and/or any other applicable sick time/leaveordinance.
Accrual
Employees begin accruing paid sick time pursuant to this policy on May 13, 2015 or at the start of employment, whichever is later. Eligible employees will accrue one (1) hour of paid sick time for every 40 hours worked, up to a maximum accrual of 40 hours each calendar year. Exempt employees will be presumed to work 40 hours in each workweek for accrual purposes unless their normal workweek is less than 40 hours, in which case accrual will be based on that normal workweek. For purposes of this policy, the calendar year is the consecutive 12-month period beginning January 1 and ending on December 31.
Usage
Employees may begin using paid sick time on the 90th calendar day of employment. Paid sick time may be used in minimum increments of one (1) hour. The employee may not use more than 40 hours of accrued paid sick time in any calendar year. The employee may use paid sick time for the following qualifying absences:
the employee's mental or physical illness, injury or health condition; the employee's need for medical diagnosis, care or treatment of a mental or physical illness, injury or health condition; the employee's need for preventive medical care;
care of a family member (including a biological, adopted or foster child, stepchild or legal ward or a child to whom the employee stands in loco parentis; a biological, foster, stepparent or adoptive parent or legal guardian of the employee or the employee's spouse or a person who stood in loco parentis when the employee was a minor child; a person to whom the employee is legally married under the laws of Pennsylvania; a grandparent or spouse of a grandparent; a grandchild; a biological, foster or adopted sibling or spouse of a biological, foster or adopted sibling; and a life partner as defined under the Philadelphia Code) with a mental or physical illness, injury or health condition; care of a family member who needs medical diagnosis, care or treatment of a mental or physical illness, injury or health condition; care of a family member who needs preventive medical care; or
an absence necessary due to domestic abuse, sexual assault or stalking, provided the leave is to allow the employee to obtain the medical attention needed for the employee or the family member to recover from physical or psychological injury or disability caused by domestic or sexual violence or stalking; services from a victim services organization; psychological or other counseling; relocation due to the domestic or sexual violence or stalking; or legal services or remedies, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the domestic or sexual violence.
Notice and Documentation
If the need for paid sick time is foreseeable, the employee must provide written or oral notice in advance of the use of the paid sick time and make a reasonable effort to schedule the use of paid sick time in a manner that does not unduly disrupt business operations. For all other absences, the employees must provide notice before the start of their scheduled work hours, or as soon as practicable if the need arises immediately before or after the employee has reported for work. When possible, employees should indicate the expected duration of their absence.
For paid sick time of more than two (2) consecutive days, the employee may be required to provide reasonable documentation that the sick time is covered. For absences due to the purposes
described in 1 and 2 above, documentation signed by a health care professional indicating that sick time is necessary shall be considered reasonable documentation. For absences due to the purposes described in 3 above, the following shall be considered reasonable documentation: documentation signed by a health care professional; a police report indicating that the employee was a victim of domestic abuse, stalking or sexual assault; a court order; or a signed statement from a representative of a victim services organization affirming that the employee was a victim of domestic abuse, stalking or sexual assault. The required documentation need not explain the nature of the illness or the details of the violence.
Payment
Paid sick time will be paid at the same rate as the employee earns at the time the employee uses such time. Use of paid sick time is not considered hours worked for purposes of calculating overtime.
Carryover and Payout
The employee may carry over up to 40 hours of accrued, unused paid sick time under this policy to the following calendar year. Accrued but unused paid sick time under this policy will not be paid at separation.
Enforcement and Retaliation
Andrews Logistics prohibits any threat, discharge, suspension, demotion, other adverse employment action against the employee for the exercise of any right under this policy; or interference with, or punishment for, participating in any manner in an investigation, proceeding or hearing under this policy. If employees have any questions regarding this policy, they should contact Human Resources.
This is to acknowledge that I have received a copy of Andrews Logistics’ Employee Handbook and understand that it contains important information on the Company's general personnel policies and on my privileges and obligations as an at-will employee. This handbook has been reviewed and explained to me by a representative of the Company.
I acknowledge that I am expected to read, understand, and adhere to Company policies and will familiarize myself with the material contained herein. I will seek explanations from my supervisor for any portions of the Handbook I do not understand.
I understand that I am governed by the contents of the Handbook and that the Company may change any policies, benefits or practices described in the Handbook from time to time in its sole and absolute discretion with or without prior notice. Furthermore, I understand that employment with the Company is not for a specified term and is at the mutual consent of the Company and myself. Accordingly, either the Company or I can terminate the employment relationship at will, with or without cause, at any time.
The Company operates in multiple states and follows both federal, state, and city laws in the geographical locations in which it operates. Any specialty policies for individual states and cities are included in the addendum section of this handbook.
This manual and the policies and procedures contained herein supersede any and all prior practices, oral or written representations, or statements regarding the terms and conditions of your employment with Andrews Logistics. By distributing this handbook, the Company expressly revokes any and all previous policies and procedures which are inconsistent with those contained herein.
My signature hereon confirms my voluntary agreement to this provision and further confirms that I have read and understood the contents of this Agreement.
Employee Signature Date
Employee Name (Print or Type)