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Employee Handbook changes for 1-23-2017-Second Final Reading-4 Employee Manual COMMUNITY ACCESS TELEVISION OF SALINA, INC. th 215 N. 9 Street Salina, KS 67401 (785) 823-2500 www.salinatv.org Last Revision: January 23, 2017 ___________________________________________________________________________________________________ A PPROVED BY A CCESS TV BOARD OF D IRECTORS. J ANUARY 23, 2017. M ARNIE R HEIN, E XECUTIVE D IRECTOR P AGE 1 TABLE OF CONTENTS WELCOME TO COMMUNITY ACCESS TELEVISION ................................................................................. 4 EQUAL EMPLOYMENT OPPORTUNITY ....................................................................................................... 5 EMPLOYEE CLASSIFICATION ....................................................................................................................... 5 E XEMPT- S ALARIED, N ON E XEMPT/H OURLY. AND P ART-T IME ............................................................................. 5 BACKGROUND AND REFERENCE CHECKS ................................................................................................ 5 EMPLOYMENT OF RELATIVES AND PERSONAL RELATIONSHIPS ...................................................... 6 NEW EMPLOYEE ORIENTATION .................................................................................................................. 6 PROBATIONARY PERIOD ............................................................................................................................... 6 COMPENSATION POLICIES ............................................................................................................................ 6 P ERFORMANCE, S ALARY, AND W AGE R EVIEW ..................................................................................................... 7 P AYMENT OF S ALARY AND W AGES ..................................................................................................................... 7 T IME R EPORTING ................................................................................................................................................ 7 M EAL/R EST P ERIODS .......................................................................................................................................... 7 O VERTIME P AY (N ON-E XEMPT E MPLOYEES) ....................................................................................................... 8 WORK SCHEDULES .......................................................................................................................................... 8 H OLIDAYS .......................................................................................................................................................... 8 H OLIDAY P OLICIES ............................................................................................................................................. 8 SICK LEAVE ....................................................................................................................................................... 8 VACATION TIME ............................................................................................................................................... 9 OTHER LEAVE ................................................................................................................................................... 9 B EREAVEMENT L EAVE (F UNERAL) ...................................................................................................................... 9 M ATERNITY/P ATERNITY L EAVE ........................................................................................................................ 10 J URY D UTY ...................................................................................................................................................... 10 V OTING............................................................................................................................................................ 10 E LECTION L EAVE ............................................................................................................................................. 10 M ILITARY L EAVE OF A BSENCE ......................................................................................................................... 10 E XTENDED L EAVE AND P ERSONAL L EAVE OF ABSENCE ..................................................................................... 10 COMPENSATORY TIME OFF ........................................................................................................................ 11 BENEFITS.......................................................................................................................................................... 11 M EDICAL/D ENTAL C ARE, R ETIREMENT \[401 K P LAN\] O THER B ENEFITS ............................................................ 11 CIVIL UNIONS AND DOMESTIC PARTNERS.............................................................................................. 11 EMPLOYEE EXPENSES .................................................................................................................................. 12 T RAVEL AND R ELATED E XPENSES ..................................................................................................................... 12 O THER E XPENSES ............................................................................................................................................. 12 PERFORMANCE REVIEWS............................................................................................................................ 12 ANTI- HARRASSMENT GUIDELINES AND COMPLAINT PROCEDURE ................................................ 13 D EFINITIONS OF H ARRASSMENT ........................................................................................................................ 14 I NDIVIDUALS AND C ONDUCT C OVERED ............................................................................................................. 14 H ARRASSMENT C OMPLAINT P ROCESS AND P OLICY .......................................................................................... 14 ___________________________________________________________________________________________________ A PPROVED BY A CCESS TV BOARD OF D IRECTORS. J ANUARY 23, 2017. M ARNIE R HEIN, E XECUTIVE D IRECTOR P AGE 2 PROGRESSIVE DISCIPLINARY POLICY ..................................................................................................... 15 V ERBAL W ARNING, W RITTEN W ARNING, S USPENSION, TIMELINE, A PPEALS ....................................................... 16 SEPARATION OF EMPLOYMENT ................................................................................................................ 16 R ESIGNATION ................................................................................................................................................... 16 RETIREMENT..................................................................................................................................................... 17 J OB ADANDONMENT ......................................................................................................................................... 17 D ISMISSAL ....................................................................................................................................................... 17 O THER D ISCHARGES ......................................................................................................................................... 17 DISCIPLINE AND DISCHARGE DOCUMENTATION ................................................................................. 17 L EAVING F ACILITY ........................................................................................................................................... 17 E XIT I NTERVIEWS ............................................................................................................................................. 17 R EFERENCES .................................................................................................................................................... 18 L AY OFF AND R ECALL ...................................................................................................................................... 18 R ETURN OF O RGANIZATION P ROPERTY ............................................................................................................. 18 OTHER SEPERATION POLICIES .................................................................................................................. 18 GENERAL WORKPLACE POLICIES ........................................................................................................... 18 S MOKE F REE W ORKPLACE ................................................................................................................................ 18 D RUG F REE W ORKPLACE .................................................................................................................................. 18 E MPLOYEE A SSISTANCE AND D RUG A WARENESS .............................................................................................. 19 E MPLOYEE P ERSONNEL F ILES ........................................................................................................................... 19 R ECORDS ......................................................................................................................................................... 19 C REDIT C ARD U SAGE ....................................................................................................................................... 19 WORK RULES .................................................................................................................................................. 20 W ORKPLACE BULLYING .................................................................................................................................... 21 V IOLENCE IN THE W ORKPLACE ......................................................................................................................... 21 W ORKPLACE S AFETY........................................................................................................................................ 22 WORKPLACE EXPECTATIONS .................................................................................................................... 22 C ONFIDENTIALITY ............................................................................................................................................ 22 C ONFLICTS OF I NTEREST ................................................................................................................................... 23 A TTENDANCE AND P UNCTUALITY ..................................................................................................................... 23 ATTIRE AND G ROOMING .................................................................................................................................... 23 E LECTRONIC C OMMUNICATION AND I NTERNET U SE........................................................................................... 24 RIGHT TO M ONITOR .......................................................................................................................................... 24 S OCIAL M EDIA AND A CCEPTABLE USE .............................................................................................................. 24 MEDIA CONTACTS ......................................................................................................................................... 25 CREATIVE RIGHTS POLICY ......................................................................................................................... 25 P ERSONAL P ROJECTS ........................................................................................................................................ 25 EMPLOYEE COMPLAINTS AND GRIEVANCES ......................................................................................... 25 S TEP 1- C OMPLAINT P ROCEDURE ...................................................................................................................... 25 S TEP 2- G RIEVANCE P ROCEDURE ...................................................................................................................... 25 H OW TO F ILE.................................................................................................................................................... 25 APPENDIX A…. ................................................................................................................................................ 27 M EDICAL/D ENTAL C ARE, R ETIREMENT \[401 K P LAN\] O THER B ENEFITS ............................................................ 27 EMPLOYEE HANDBOOK ACKNOWLEDGEMENT AND RECIEPT…. .................................................... 29 ___________________________________________________________________________________________________ A PPROVED BY A CCESS TV BOARD OF D IRECTORS. J ANUARY 23, 2017. M ARNIE R HEIN, E XECUTIVE D IRECTOR P AGE 3 Welcome to Community Access Television of Salina We’re very happy to welcome you to Community Access Television of Salina (herein known as Access TV). Thank you for joining us! We want you to feel that your association with the organization will be a mutually beneficial and pleasant one. This manual provides answers to most of the questions you may have about Access TV’s benefit programs, as well as the company policies and procedures we abide by – our responsibilities to you and your responsibilities to Access TV. This handbook has been written to serve as the guide for the employer/employee relationship. There are several things to keep in mind about this handbook. First, it contains only general information and guidelines. It is not intended to be comprehensive or to address all the possible applications of, or exceptions to, the general policies and procedures described. For that reason, if you have any questions concerning eligibility for a particular benefit or the applicability of a policy or practice to you, or anything is unclear, you should address your specific questions and discuss the matter with the Executive Director or Board Chairperson. You are responsible for reading and understanding this Employee Manual, and your performance evaluations will reflect your adherence to Access TV’s policies. In addition to clarifying responsibilities, we hope this Employee Manual also gives you an indication of Access TV’s interest in the welfare of all who work here. Neither this handbook nor any other organization document confers any contractual right, either express or implied, to remain in Access TV’s employ. Nor does it guarantee any fixed terms and conditions of your employment. Your employment is not for any specific time and may be terminated at will with or without cause and without prior notice by the organization, or you may resign for any reason at any time. No supervisor or other representative of the organization (except the board chairperson with approval from the board) has the authority to enter into any agreement for employment for any specified period of time or to make any agreement contrary to the above. From time to time, the information included in our Employee Manual may be modified. Every effort will be made to keep you informed as modifications occur through suitable lines of communication, including staff meetings and/or notices sent directly to you in-house. Compensation and personal satisfaction gained from doing a job well are only some of the reasons most people work. Most likely, many other factors count among your reasons for working – pleasant relationships and working conditions, career development and promotion opportunities and health benefits are just a few. Access TV is committed to doing its part to assure you a satisfying work experience. The Board of Directors Community Access Television of Salina ___________________________________________________________________________________________________ A PPROVED BY A CCESS TV BOARD OF D IRECTORS. J ANUARY 23, 2017. M ARNIE R HEIN, E XECUTIVE D IRECTOR P AGE 4 Equal Employment Opportunity Access TV provides equal employment opportunities to everyone regardless of age, sex, color, race, creed, national origin, religious persuasion, marital status, sexual orientation, genetic information, gender identity or expression, political belief, or disability that does not prohibit performance of essential job functions. In addition, laws regarding veterans’ status are observed. This policy is reflected in all aspects of the employment relations including recruitment, hiring, placement, training, promotion, termination, transfer, compensation, layoff, leave of absence, return from layoff and social and recreational programs. Access TV complies with applicable state, local, and federal laws governing nondiscrimination in employment in every location in which the organization activities occur has facilities. All such employment decisions will be made without unlawfully discriminating on any prohibitive basis. Access TV expressly prohibits any form of unlawful employee harassment based or race, color, religion, gender, sexual orientation, national origin, age, genetic information, gender identity or expression, disability or veteran status. \[Improper harassment that interferes with the ability of Access TV employees to perform their expected job duties is absolutely not tolerated.\] Employee Classification All employees are designated as either non-exempt (hourly wage) or exempt (salary) under state and federal wage and hour laws. The following is intended to help employees understand employment classifications and employees’ employment status and benefit eligibility. These classifications do not guarantee employment for any specified period of time. The right to terminate the employment-at-will relationship at any time for any nondiscriminatory reason is retained by both the employee and Access TV. Non-exempt employees are employees whose work is covered by the Fair Labor Standards Act (FLSA). They are NOT exempt from the law’s requirements concerning minimum wage and are paid an hourly wage and overtime. Exempt employees are generally managers or professional, administrative or technical staff who are exempt from the minimum wage and overtime provisions of the FLSA. Exempt employees hold jobs that meet the standards and criteria established under the FLSA by the U. S. Department of Labor and are generally salaried. Full-time employees are those employees who are normally scheduled to work 40 hours per week. Part- time employees are those employees who are normally scheduled to work less than 40 hours per week and are non-exempt employees. Each employee’s job responsibilities determine exempt/non-exempt status. See separate benefit policy for eligibility and features. Each employee job description will list his or her job classification category and work responsibilities. Background and Reference Checks To ensure that individuals who join Access TV are well qualified and to ensure that Access TV maintains a safe and productive work environment, it is our policy to conduct pre-employment background checks on all applicants who accept an offer of employment. Background checks may include verification of any information on the applicant’s resume or application form. All offers of employment are conditioned on receipt of a background check report that is acceptable to Access TV. All background checks are conducted in conformity with city, state, and federal privacy and antidiscrimination laws. Reports are kept confidential and are only viewed by individuals involved in the ___________________________________________________________________________________________________ A PPROVED BY A CCESS TV BOARD OF D IRECTORS. J ANUARY 23, 2017. M ARNIE R HEIN, E XECUTIVE D IRECTOR P AGE 5 hiring process. Access TV also reserves the right to conduct a background check for current employees to determine eligibility for promotion or reassignment in the same manner as described above. Employment of Relatives and Personal Relationships Access TV wants to ensure that organizational practices do not create conflict situations or favoritism. Close relatives, partners, those in a dating relationship or members of the same household are not permitted to be in positions that have a reporting responsibility to each other. Close relatives are defined as husband, wife, domestic partner, father, mother, father-in-law, mother-in law, grandfather, grandmother, son, son-in-law, daughter, daughter-in law, uncle, aunt, nephew, niece, brother, sister, brother-in-law, sister-in-law, step relatives, cousins and domestic partner relatives. New Employee Orientation All new employees will undergo an orientation training. This will include meeting with the Executive Director and supervisor in your area. The orientation session will be held within two weeks of the initial start date and will cover Orientation Checklist Form and topics as follows: 1. History of Access TV. 2. Access TV By-Laws. 3. Access TV Employee Manual. Coverage of all topic areas and acknowledgement by signing. Handbook Letter of Acknowledgement signed within two weeks of employment. 4. Access TV Policies, Procedures Manual. 5. Facility and equipment tour. 6. The program process used at Access TV. 7. Where to find and how to fill out Access TV Forms and Associated Fee Schedules. 8. Code of Ethics and Conduct is read, understood and signed. 9. Equipment Usage Agreement read, understood and signed. 10. Coverage of employee job description, goals, and work expectations. 11. Coverage of probationary period and performance evaluation process. 12. Coverage of work schedule reporting system for logging work week hours. 13. Coverage of Employee Benefits and 401 (k) Policy. 14. Waiver of Benefits Form signed if applicable. 15. Wage Deduction Agreement for separated employees. Probationary Period The first 90 days of employment with Access TV are considered a probationary period. No benefits (except those required by law) will accrue during this period. The employee anniversary date starts immediately following the 90-day probationary period. At any time during the first 90 days, an employee may resign without detriment to his or her record. If, during this period, employee performance does not measure up to Access TV standards, Access TV may dismiss an employee. Completion of the probationary period does not guarantee continued employment. Compensation Policies Persons employed by Access TV in an exempt position will receive a salary negotiated during the selection process. Persons employed on a part-time or a non-exempt basis by Access TV will receive wages negotiated during the selection process. At the time of hire, employees will receive a letter of hire, a job description, salary and benefits detail and a copy of the Employee Handbook which must be signed. Employees will also participate in an orientation training within one week of hiring. In setting ___________________________________________________________________________________________________ A PPROVED BY A CCESS TV BOARD OF D IRECTORS. J ANUARY 23, 2017. M ARNIE R HEIN, E XECUTIVE D IRECTOR P AGE 6 compensation, Access TV may consider, among other things, external labor market rates, equitable relationship with other jobs in the organization, and the organization’s ability to pay. Performance, Salary, and Wage Review Each employee may be eligible for a salary or wage review at the time of his or her performance evaluation. The performance appraisal will be discussed, and both the employee and supervisor will sign the form to ensure that all strengths, areas for improvement and job goals for the next review period have been clearly communicated. Recommendations by the Executive Director for pay adjustments are reviewed by the Personnel Committee, which makes a recommendation to the full Board. The Board has the authority to approve or disapprove increases based on the budget’s ability to sustain such raises. The Board of Directors will determine the Executive Director’s salary annually. Performance evaluation forms will be retained in the employee’s personnel file. Merit increases are based on organization performance and financials and are not guaranteed. A performance review does not always result in an automatic salary or wage increase. The employee’s overall performance and salary and wage level relative to his/her position responsibilities are evaluated to determine if a salary and wage increase would be warranted. Budget allocations for merit increases are planned for and allocated before the start of each calendar year. Payment of Salary and Wages Salary and wage payment is made biweekly for base salary due up to the pay date. Paydays are on Monday on every other week. Overtime payment, which is included with the non-exempt employee’s base salary payment, is also paid biweekly with such payment covering hours worked in the prior two weekly periods. It is the organization’s policy that employee paychecks will be automatically deposited, or only given personally to that employee or mailed to his/her home address. If the normal payday falls on an organization-recognized holiday, paychecks will be distributed on the first business day after the holiday following the aforementioned schedule. Employees may be paid by check or through direct deposit of funds to either a savings or checking account at the financial institution of their choice. If an employee’s marital status changes or the number of exemptions previously claimed increases or decreases, a new Form W-4 must be submitted to the Executive Director. Except for extreme emergencies and vacation pay, no salary advances will be made. Time Reporting A work hour is any hour of the day that is worked and should be recorded to the nearest tenth of an hour. The workday is defined as the 24-hour period starting at 12:00 a.m. and ending at 11:59 p.m. The workweek covers seven consecutive days beginning on Sunday and ending on Saturday. The usual workweek period is 40 hours. Employees must log into a time/clock calculator at the beginning and end of each work day. Overtime is defined as hours worked by an hourly or non-exempt employee in excess of 40 hours in a workweek and should be recorded to the nearest tenth of an hour. Overtime must be approved in advance by the manager to whom the employee reports. Employees will submit their time record weekly as directed by their manager. Each employee is to maintain an accurate daily record of his or her hours worked. All absences from work schedules should be appropriately recorded. Meal/Rest Periods The scheduling of meal periods at Access TV is set by the employee’s immediate manager with the goal of providing the least possible disruption to organization operations. Employee meal periods are important to organization productivity and employee health. Employees who work at least three consecutive hours will be permitted a meal break not to exceed 60 minutes. The meal period ___________________________________________________________________________________________________ A PPROVED BY A CCESS TV BOARD OF D IRECTORS. J ANUARY 23, 2017. M ARNIE R HEIN, E XECUTIVE D IRECTOR P AGE 7 will not be included in the total hours of work per day and is not compensable. Non-exempt employees are to be completely relieved of all job duties while on meal breaks and must log off of the work clock for meal periods. Salaried (exempt) employees, as they are paid a weekly salary regardless of the hours they work, may choose to take breaks as needed. Non-exempt employees are permitted a 15-minute rest break for each four hours of work. Non-exempt employees on rest breaks are not required to clock in and clock out because this time is considered “time worked” and is compensable. Overtime Pay (non-exempt employees) Non-exempt employees who exceed 40 hours of work time in a workweek will be paid time and one half. Paid leave, such as holiday, sick or vacation pay, does not apply toward work time. The workweek begins at 12:00 a.m. on Sunday morning and ends at 11:59 p.m. on Saturday night. During busy periods employees may be required to work extended hours. Work Schedule Access TV will attempt, whenever possible, to establish a weekly work schedule which is cognizant of each individual’s personal commitments, as well as the needs of the organization. The work schedule will be determined by the Executive Director, or supervisor, in cooperation with staff, according to the organizational needs subject to a meal and rest period. Holidays All full-time employees are entitled to the following holidays off with pay: New Year’s Day – January 1 Memorial Day – Last Monday in May Independence Day – July 4 Labor Day – First Monday in September Thanksgiving Day – fourth Thursday in November Friday after Thanksgiving – Friday following fourth Thursday in November Christmas Eve – December 24 Christmas Day – December 25 Holiday Policies Part-time employees are entitled to these holidays off with pay equal to the number of hours normally worked. Should a holiday fall on a weekend, the holiday will be observed on the work day closest to the holiday. In addition, each full-time employee shall receive two personal days to be used in each calendar year. Requests to use these days should be made in writing to the Executive Director no less than two weeks in advance. Personal Days may not carry over from year to year. Sick Leave All full-time employees will be granted 6 days with pay per year to be used for wellness leave purposes. All part-time employees will be granted 3 hours per 120 hours worked to be used for wellness leave purposes. Please notify the Executive Director each day that you will be absent due to illness, or at attend to the health needs, including dental, medical appointments of yourself and/or your immediate family. In the event of an illness requiring leave of three or more consecutive days, employees may be asked to submit to the Executive Director a note from their physician prior to being allowed to return to work. (Wellness leave may be accrued to a maximum of 120 hours); however, these days are not convertible to vacation time, nor will employees be compensated for this time upon termination of employment. We expect employees to take care of themselves. ___________________________________________________________________________________________________ A PPROVED BY A CCESS TV BOARD OF D IRECTORS. J ANUARY 23, 2017. M ARNIE R HEIN, E XECUTIVE D IRECTOR P AGE 8 Vacation Time Vacation time starts accruing on the employee’s anniversary date (90 days after initial work date). All full-time employees will be granted vacation time according to the following schedule:  Less than 5 years of service – vacation time accrues at the rate of 8 hours per month  5 – 12 years of service – vacation time accrues at the rate of 10 hours per month  12 or more years of service – vacation time accrues at the rate of 12 hours per month  Part-time employees shall be granted vacation time proportional to full-time employees.  All requests for vacation time should be submitted to the Executive Director or supervisor no less than two weeks in advance.  Requests will be approved based on a number of factors, including operating and staffing requirements. The manager should return the leave request to the employee within three business days of the date it is submitted indicating that the request has been approved or denied. If the request for vacation leave is denied, the supervisor should provide an appropriate reason to the employee.  If a holiday falls during the employee’s vacation, the day will be charged to holiday pay rather than to vacation pay. Leave taken beyond an employee’s available vacation balance may be unpaid unless otherwise required under state or federal law.  Vacation will be paid at the employee’s base rate at the time the leave is taken. If employment is terminated, accrued unused vacation leave up to a maximum of 40 hours earned through the last day of active employment will be paid at the employee’s base rate of pay at termination. In the event of the employee’s death, the employee shall be paid for all accrued but unused vacation time up to a maximum of 40 hours. The unused vacation time will be paid to the employee’s estate or designated beneficiary. Accrued vacation will not be paid if an employee resigns and did not give a full two-week notice.  Vacation time can be used only after it is earned.  Should two or more employees request vacation time for the same period, the employee who made the request first shall have priority.  No more than 80 hours of vacation may be taken consecutively.  Full-time employees may accumulate and carry over a maximum of 40 hours of vacation time from year to year. Part-time employees may carry over vacation time from year to year proportionally to full time employees. Vacation leave will not be earned during an unpaid leave of absence. Other Leave Bereavement Leave Bereavement leave will be granted unless there are unusual business needs or staffing requirements. Paid bereavement leave is granted according to the following schedule: Employees shall be granted up to three working days with pay due to a death in their immediate family (mother, father, sister, brother, spouse/partner, domestic partner, children, mother and father in-laws, grandparent, grandchildren, stepfather and stepmother, step sister, step brother, stepdaughter or stepson). Special cases will be considered on an individual basis by the Executive Director. ___________________________________________________________________________________________________ A PPROVED BY A CCESS TV BOARD OF D IRECTORS. J ANUARY 23, 2017. M ARNIE R HEIN, E XECUTIVE D IRECTOR P AGE 9 Maternity/Paternity Leave Employees shall be granted up to ten working days with pay for the birth or adoption of a child. Extended maternity/paternity leaves will be considered on an individual basis by the Executive Director. Jury Duty Upon receipt of notification from the state or federal courts of an obligation to serve on a jury, employees must notify the Executive Director and provide him/her with a copy of the jury summons. Employees who serve on jury duty receive their normal pay up to two weeks. On any day or half-day on which the employee does not have to serve, the employee is expected to report for work. Exceptions may be made with Executive Director approval. Voting Access TV will grant to all employees one hour during the working day to vote in governmental elections when it is not possible to vote outside their regularly scheduled work time. Election Leave Employees who are chosen to serve as election officials at polling sites will be permitted to take required time off to serve in this capacity. Management notification of this activity must occur at least seven days in advance. Military Leave of Absence Access TV is committed to protecting the job rights of employees absent on military leave. In accordance with federal and state law, it is the organization’s policy that no employee or prospective employee will be subjected to any form of discrimination on the basis of that person’s membership in or obligation to perform service for any of the Uniformed Services of the United States. Specifically, no person will be denied employment, reemployment, promotion or other benefit of employment on the basis of such membership. Furthermore, no person will be subjected to retaliation or adverse employment action because such person has exercised his or her rights under applicable law or organization policy. If any employee believes that he or she has been subjected to discrimination in violation of organization policy, the employee should immediately contact the board chairperson. Employees taking part in a variety of military duties are eligible for benefits under this policy. Such military duties include leaves of absence taken by members of the uniformed services, including Reservists and National Guard members, for training, periods of active military service and funeral honors duty, as well as time spent being examined to determine fitness to perform such service. Subject to certain exceptions under the applicable laws, these benefits are generally limited to five years of leave of absence. Employees requesting leave for military duty should contact the Executive Director to request leave as soon as they are aware of the need for leave. Extended Leave and Personal Leave of Absence Requests for extended leave without pay will be considered on an individual basis by the Executive Director with consent of the Board of Directors. All regular employees employed for a minimum of one year are eligible to apply for an unpaid personal leave of absence. Job performance, absenteeism and Access TV requirements will all be taken into consideration before a request is approved. The employee must return to work on the scheduled return date or be considered to have voluntarily resigned from his or her employment. Extensions of leave will only be considered on a case-by- case basis. ___________________________________________________________________________________________________ A PPROVED BY A CCESS TV BOARD OF D IRECTORS. J ANUARY 23, 2017. M ARNIE R HEIN, E XECUTIVE D IRECTOR P AGE 10 Compensatory Time Off Granting of compensatory time off for exempt employees is at the discretion of the Executive Director. Normally, compensatory time off may be granted only when a significant amount of hours over and above normal work hours is accumulated. The Executive Director may choose to grant compensatory time off to any exempt employee at any time when, in his/her opinion, it is warranted. Compensatory time off will be granted only in the work week in which the additional hours were accumulated or in the next pay period following the work week in which the additional hours were accumulated. Employees may also request compensatory time off. Requests will be considered on a case-by-case basis, but the Executive Director is not obligated to honor such requests. Non-exempt employees are paid for all hours worked, but may not work extra hours without permission to do so and are not eligible for compensatory time off. Exempt employees must use accrued compensatory time off by the end of the 26th pay period after the work week during which it was earned. Benefits Medical/Dental Care, Other Benefits and 401 (K) Retirement Plan Access TV Medical Care, 401 K Retirement plan and Other Benefits are covered in Appendix A. Civil Unions and Domestic Partners Civil Unions are persons who:  Are at least 18 years of age and of the same of the same biological gender.  Have participated in a legally recognized civil union ceremony in a state which legally allows and recognizes same-sex civil unions. Domestic partners are persons who:  Are at least 18 years of age and of the same gender.  Are not legally married to any person and are not related in any way that would prohibit marriage in the organization’s state of operation.  Share permanent residence. Domestic partners must have two of the following:  Joint lease, mortgage or deed.  Joint ownership of a vehicle.  Joint ownership of a checking account or credit account.  Designation of the domestic partner as beneficiary for the employee’s life insurance or retirement benefits.  Shared household expenses. Registration of a domestic partnership will be required for coverage under Access TV Policy.  An employee who wishes to register a domestic partnership must contact the Executive Director and provide the documents listed above. Access TV will verify the domestic partnership within three days of the date the documentation was presented.  Children of domestic partners are eligible for benefits under the same conditions as are the children of employees’ legal spouses.  Enrollment of domestic partners and eligible dependent children is subject to the same rules as enrollment of other dependents. ___________________________________________________________________________________________________ A PPROVED BY A CCESS TV BOARD OF D IRECTORS. J ANUARY 23, 2017. M ARNIE R HEIN, E XECUTIVE D IRECTOR P AGE 11  Domestic partners and their enrolled dependents receive the same or equivalent benefits as spouses, and their enrolled dependents receive group continuation health coverage through Kansas Continuation and/or individual conversion.  An employee may terminate a domestic partnership by notifying the Executive Director in writing of the termination of the domestic partnership within 30 days of its termination. The tax consequences of a domestic partnership are the responsibility of the employee. The value of benefits provided to an employee’s domestic partner (and to the domestic partner’s eligible children, if any) is considered part of the employee’s taxable income, unless the employee’s domestic partner qualifies as a dependent under Section 152 of the Internal Revenue Code. Questions regarding this policy should be directed to the Executive Director. Employee Expenses Travel and Related Expenses The cost for transportation, lodging, meals, conference registration fees, and other reasonable expenses to an approved conference will be covered by Access TV which may be billed directly for certain items, or the staff person incurring the expense may be reimbursed. The request for reimbursement will be accompanied by an appropriate receipt, indicating payment against which reimbursement is requested. When using a personal automobile for approved business-related activities, staff will be paid a mileage allowance as set annually by the Board of Directors. Employees will need to submit a weekly travel log in order to be reimbursed. The travel allowance will be approved by the Board of Directors on an annual basis during their December meeting. Employees may not be paid in advance for travel or related expenses. Checks will be prepared in the next regular check run after expense vouchers have been submitted and approved by the Board of Directors. It is assumed that employees will exercise discretion when traveling and use accommodations that are economical. Other Expenses Prior approval by the Executive Director or Board Chair is required for travel or conference expenses. If a staff member incurs other expenses for business-related activities, Access TV may provide reimbursement for such expenses. In all cases of expenses incurred by staff, a written employee expense summary should be submitted to the Executive Director, or appropriate Board Officer with the appropriate receipts to request reimbursement. Performance Reviews Access TV believes each performance review should be a positive and interactive process by which each party can learn more about their strengths and weaknesses. Each staff member will have a performance review conducted by their immediate supervisor at the end of their initial probationary period which is after 90 days of employment, and in September of each year following completion of twelve months of employment. The Executive Director’s performance review will be conducted by the Personnel Committee in consultation with the full Board and this will be completed on or before December 31. ___________________________________________________________________________________________________ A PPROVED BY A CCESS TV BOARD OF D IRECTORS. J ANUARY 23, 2017. M ARNIE R HEIN, E XECUTIVE D IRECTOR P AGE 12 Performance reviews shall generally be based on an assessment of the individual’s performance in relation to his or her goals and job description. The Executive Director, in collaboration with supervisors, will develop performance expectations for each staff member. The employee’s signature on his or her performance review will indicate that it was presented to him or her. Each employee may include written comments about the appraisal and such comments will be attached to the performance review and included in the personnel file. The Personnel and Executive Committee, in collaboration with the full Board and the Executive Director, will develop performance expectations for the Executive Director. The Executive Director’s signature on the performance review will indicate that it was presented to him or her. The Executive Director may include written comments about the appraisal and such comments will be attached to the performance review and included in the personnel file. Anti-Harassment Guidelines and Complaint Procedure Access TV will provide a professional work environment that is pleasant, healthful, comfortable, and free from intimidation, bullying, hostility or other unlawful offenses which might interfere with work performance. Access TV is committed to a work environment in which all individuals are treated with respect and dignity. Harassment of any sort – verbal, physical, visual – will not be tolerated. Harassment can take many forms. It may be, but is not limited to: words, signs, jokes, pranks, intimidation, physical contact, violence, or bullying. Harassment is not necessarily sexual in nature. Any action, whether sexual or otherwise, by an employee in the workplace that creates an intimidating, hostile, or offensive environment for other employees or volunteers may be considered harassment. Therefore, Access TV expects that all relationships among persons in the media center will be business-like and free of bias, prejudice and harassment. It is the policy of Access TV to ensure equal employment opportunity without discrimination or harassment on the basis of race, color, religion, political, gender, sexual orientation, gender identity or expression, national origin, age, disability, genetic information, marital status, amnesty or status as a covered veteran. Access TV prohibits any such discrimination or harassment. Access TV encourages reporting of all perceived incidents of discrimination or harassment. If you believe you have experienced harassment, report the incident immediately to the Executive Director or any officer of the Board of Directors with whom you feel comfortable. It is the policy of Access TV to promptly, fairly, and thoroughly investigate such reports. This investigation will take place with due regard to the privacy of everyone involved. Based on the results of this investigation Access TV will take the steps necessary to resolve the problem, which may include verbal or written reprimand, suspension or termination. It is the policy of Access TV to promptly and thoroughly investigate such reports. Access TV prohibits retaliation against any individual who reports discrimination or harassment or who participates in an investigation of such reports. Definitions of Harassment Sexual harassment constitutes discrimination and is illegal under federal, state and local laws. For the purposes of this policy, sexual harassment is defined, as in the Equal Employment Opportunity Commission guidelines, as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when, for example a) submission to such ___________________________________________________________________________________________________ A PPROVED BY A CCESS TV BOARD OF D IRECTORS. J ANUARY 23, 2017. M ARNIE R HEIN, E XECUTIVE D IRECTOR P AGE 13 conduct is made either explicitly or implicitly a term or condition of an individual’s employment; b) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or c) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment. Sexual harassment may include a range of subtle and not-so-subtle behaviors and may involve individuals of the same or different gender. Depending on the circumstances, these behaviors may include unwanted sexual advances or requests for sexual favors; sexual jokes, violence, bullying, pranks and innuendo; verbal abuse of a sexual nature; commentary about an individual’s body, sexual prowess or sexual deficiencies; leering, whistling or touching; insulting or obscene comments or gestures; display in the workplace of sexually suggestive objects or pictures; and other physical, verbal or visual conduct of a sexual nature. Harassment on the basis of any other protected characteristic is also strictly prohibited. Under this policy, harassment is verbal, written or physical conduct that denigrates or shows hostility or aversion toward an individual because of his/her race, color, religion, political, gender, sexual orientation or expression, national origin, age, disability, marital status, citizenship, genetic information or any other characteristic protected by law or that of his/her relatives, friends or associates, and that a) has the purpose or effect of creating an intimidating, hostile or offensive work environment; b) has the purpose or effect of unreasonably interfering with an individual’s work performance; or c) otherwise adversely affects an individual’s employment opportunities. Harassing conduct includes epithets, slurs or negative stereotyping; threatening, intimidating or hostile acts; denigrating jokes; and written or graphic material that denigrates or shows hostility or aversion toward an individual or group and that is placed on walls or elsewhere on the employer’s premises or circulated in the workplace, on organization time or using organization equipment via e-mail, phone (including voice messages), text messages, tweets, blogs, social networking sites or other means. Individuals and Conduct Covered These policies apply to all applicants and employees, whether related to conduct engaged in by fellow employees or someone not directly connected to Access TV (e.g., an outside vendor, consultant, volunteer, or customer). Conduct prohibited by these policies is unacceptable in the workplace and in any work-related setting outside the workplace, such as during external media programs, and business- related events. Harassment Complaint Process and Policy Individuals who believe they have been the victims of conduct prohibited by this policy statement or who believe they have witnessed such conduct should document the incident in writing and then discuss their concerns with their immediate supervisor, executive director, or board chairperson who will also document the discussion. When possible, Access TV encourages individuals who believe they are being subjected to such conduct to promptly advise the offender that his or her behavior is unwelcome and request that it be discontinued. Employees should also document the incident. Often this action alone will resolve the problem. Access TV recognizes, however, that an individual may prefer to pursue the matter through complaint procedures. Access TV encourages the prompt reporting of complaints or concerns so that rapid and constructive action can be taken before relationships become irreparably strained. Therefore, although no fixed reporting period has been established, early reporting and intervention have proven to be the most effective method of resolving actual or perceived incidents of harassment. Any reported allegations of harassment, discrimination or retaliation will be investigated and documented promptly. The investigation may include individual interviews with the parties involved and, where necessary, with individuals who may have observed the alleged conduct or may have other relevant ___________________________________________________________________________________________________ A PPROVED BY A CCESS TV BOARD OF D IRECTORS. J ANUARY 23, 2017. M ARNIE R HEIN, E XECUTIVE D IRECTOR P AGE 14 knowledge. Confidentiality will be maintained throughout the investigatory process to the extent consistent with adequate investigation and appropriate corrective action. Retaliation against an individual for reporting harassment or discrimination or for participating in an investigation of a claim of harassment or discrimination is a serious violation of this policy and, like harassment or discrimination itself, will be subject to disciplinary action. Acts of retaliation should be reported immediately and will be promptly investigated and addressed. Misconduct constituting retaliation will be dealt with appropriately. If a party to a complaint does not agree with its resolution, that party may appeal to the executive director or board chairperson within 30 calendar days. False and malicious complaints of harassment, discrimination or retaliation may be the subject to the appropriate disciplinary action. See Policy and Procedure Manual page 26 and 27 for Complaint and Appeals Policy and Procedure.) Progressive Disciplinary Policy Disciplinary action is viewed as an educational matter more than punishment. Every employee has the duty and the responsibility to be aware of and abide by existing rules and policies. Employees also have the responsibility to perform their duties to the best of their ability and to the standards as set forth in their job description or as otherwise established. Access TV supports the use of progressive discipline to address issues such as poor employee work performance or misconduct. Our progressive discipline policy is designed to provide a corrective action process to improve and prevent a recurrence of undesirable behavior and/or performance issues. Disciplinary action is viewed as an educational matter more than punishment. Outlined below are the steps of our progressive discipline policy and procedure. Access TV reserves the right to combine or skip steps in this process depending on the facts of each situation and the nature of the offense. The level of disciplinary intervention may also vary. Some of the factors that will be considered are whether the offense is repeated despite coaching, counseling and/or training; the employee’s work record; and the impact the conduct and performance issues have on our organization. The following outlines Access TV’s progressive discipline process:  Verbal Warning: The first step in disciplinary action is an informal oral warning. For this step, the Executive Director or supervisor responsible for the employee shall take reasonable steps to correct any issue with the employee in an informal manner by verbally counseling an employee about the issue of concern and the consequences of repeated behavior. This step should be documented and a written record of the discussion placed in the employee’s file for future reference.  Written Warning: Should the behavior be repeated; a formal written warning is used for behavior or violations that the executive director or supervisor responsible considers serious or in situations when a verbal warning has not helped change unacceptable behavior. In this meeting, the executive director or supervisor responsible for the employee shall deliver to the employee a memo in writing which documents the incidents which cause disciplinary action to be taken. This memo shall also lay out corrective measures to be taken and the time frame (30 to 90 calendar days) in which they are to be completed and the consequences and next step in the progressive ___________________________________________________________________________________________________ A PPROVED BY A CCESS TV BOARD OF D IRECTORS. J ANUARY 23, 2017. M ARNIE R HEIN, E XECUTIVE D IRECTOR P AGE 15 disciplinary action which might be suspension. The executive director or person responsible for the employee shall review the memo orally with the employee and give the employee an opportunity for comment and the employee should be asked to sign and given a copy of the memo as an acknowledgement of the discussion. This step is also documented and a copy of the memo shall be placed in the employee’s file. Employees should recognize the grave nature of the written warning. Within this time period, the employee must demonstrate a willingness and ability to meet and maintain the conduct and/or work requirements as specified by the supervisor and the organization. At the end of the performance improvement period, the performance improvement plan may be closed or, if established goals are not met, suspension or dismissal may occur.  Suspension: Following the above step, or at any time, Access TV reserves the right to determine the appropriate level of discipline for any inappropriate conduct, including suspension with or without pay, demotion and dismissal.  Timeline: All disciplinary action occurs on a one-year timeline and employees are allowed a clock reset within 12 months of the first disciplinary action.  Appeals: The employee against whom any steps of the disciplinary action have been taken may file an appeal within 30 days of the implementation of any of the steps of the disciplinary action with the Executive Director, Chairperson of the Board of Directors, or the Chair of the Personnel Committee. The Board Chairperson and Personnel Committee chairperson and one other member of the Board of Directors will hear the appeal within ten calendar days and deliver a decision within ten calendar days of the hearing. The Executive Committee has final review and oversight authority on personnel matters, but there is no further appeal available. Separation of Employment Separation of employment within an organization can occur for several different reasons.  Resignation: Although we hope your employment with us will be a mutually rewarding experience, we understand that varying circumstances cause employees to voluntarily resign. Resigning employees are encouraged to provide two weeks’ notice, preferably in writing, to facilitate a smooth transition from the organization. If an employee provides less notice than requested, the employer may deem the individual to be ineligible for rehire depending on the circumstances regarding the notice given. At the effective date of the resignation the employee shall be paid for all accrued but unused vacation time. If an employee resigns without giving a full two-week notice, accrued vacation pay will not be allowed. An exit interview and written report will be conducted on the last day of employment or at a mutually agreed time. o At the discretion of the Executive Director, any staff member facing dismissal for unsatisfactory performance may be given the option to resign as described in the above section under “Resignation.”  Retirement: Employees who wish to retire are required to notify the Executive Director in writing at least one (1) month before the planned retirement date. It is the practice of Access TV to give special recognition to employees at the time of their retirement.  Job abandonment: Employees who fail to report to work or contact their supervisor for three (3) consecutive workdays may be considered to have abandoned the job without notice, effective ___________________________________________________________________________________________________ A PPROVED BY A CCESS TV BOARD OF D IRECTORS. J ANUARY 23, 2017. M ARNIE R HEIN, E XECUTIVE D IRECTOR P AGE 16 at the end of their normal shift on the third day. Employees who are separated due to job abandonment are ineligible to receive accrued benefits and may be ineligible for rehire.  Dismissal: Access TV retains the right to dismiss an employee at any time.  Other Discharges: Employees of Access TV are employed on an at-will basis. Dismissal may result for many reasons including, but not limited to, inappropriate behavior and/or unsatisfactory performance. Inappropriate behavior is defined as including, but not limited to, misbehavior on the job, refusal to do work reasonably expected, wrongful use of or taking of organization property, conviction of a felony, or violation of policies or practices of Access TV. Unsatisfactory performance means failure of an employee to meet performance standards, to complete tasks in a timely, competent way, or to maintain an adequate attendance record. Uncooperative behavior or negative attitudes that affect the work or morale of others may result in dismissal. Discipline and Discharge Documentation The progressive discipline documentation that is typically necessary to dismiss an employee for cause is as follows:  Documentation concerning any informal and written steps taken to correct the problem;  A copy of the memo delivered to the employee initiating disciplinary/corrective actions, with the warning that further violations or failure to take corrective actions may result in suspension and immediate dismissal;  Documentation that further problems occurred following delivery of the written warning and/or suspension. The Executive Director may terminate an employee immediately for gross misconduct without the above-outlined documentation.  Leaving Facility: When dismissing an employee, typically the Executive Director should have a documentary witness, preferably the Board Chair or the Chair of the Personnel Committee or other person designated by the Executive Director. At the time of dismissal, the documentary witness may collect all Access TV keys in the employee’s possession, and escort the employee around the facility when collecting personal belongings. The employee shall not have access to any computer in the facility during this time. The documentary witness should then escort the employee out of the building.  Exit Interviews: A dismissed employee or Access TV may request an exit interview. The employee is not required, but encouraged to participate. The exit interview shall be conducted by one or more Board members, preferably the Board Chairperson, the chair of the Personnel Committee, or the Secretary.  References: Upon separation, employee references will be available subject to Executive Director or Board Chairperson discretion.  Layoff and Recall: In the event Access TV must initiate lay-offs, the Personnel Committee and Executive Committee will determine the procedure and position (s) impacted. The Access TV Board of Directors will attempt to avoid abrupt notification whenever possible. The Access TV Board of Directors will approve the implementation and recall employees before hiring new employees.  Return of Organization Property: The separating employee must return all Access TV property at the time of separation, including keys, PCs, identification cards, and other media equipment. Failure to return some items may result in deductions from the final paycheck. An ___________________________________________________________________________________________________ A PPROVED BY A CCESS TV BOARD OF D IRECTORS. J ANUARY 23, 2017. M ARNIE R HEIN, E XECUTIVE D IRECTOR P AGE 17 employee will be required to sign the Wage Deduction Authorization Agreement to deduct the costs of such items from the final paycheck. Other Separation Policies Accrued vacation leave will be paid in the last paycheck unless the employee resigned and did not give a full two weeks’ notice.  Health insurance terminates the last day of the month of employment, unless an employee requests immediate termination of benefits. Information on the Kansas Continuation continued health coverage will be provided. Employees will be required to pay their share of the dependent health and dental premiums through the end of the month.  Former employees who left Access TV in good standing and were classified as eligible for rehire may be considered for reemployment. Rehired employees begin benefits just as any other new employee. Previous tenure will not be considered in calculating longevity, leave accruals or any other benefits. An applicant or employee who is terminated for violating policy or who resigned in lieu of termination from employment due to a policy violation may be ineligible for rehire. General Workplace Policies Smoke-Free Workplace Access TV is a smoke-free workplace. The smoke-free work place policy applies to:  All areas of organization buildings.  All organization sponsored offsite conferences and meetings.  All vehicles owned or leased by the organization.  All visitors (customers and vendors) to the organization premises.  All contractors and consultants and/or their employees working on the organization premises.  All employees, temporary employees and student interns. Smoking is permitted in parking lots only. Employees who violate the smoking policy will be subject to disciplinary action. Drug Free Workplace Access TV has a strong commitment to providing a safe, quality oriented and productive work environment consistent with the standards of the community in which we operate. Alcohol and or other drug abuse poses a threat to the health and safety of Access TV employees and to the security of our equipment and facilities. For these reasons, Access TV is committed to the elimination of drug and/or alcohol abuse in the workplace. This policy outlines the practices and procedures designed to correct instances of identified alcohol and/or drug use in the workplace. This policy applies to all employees and all applicants for employment of Access TV. The Executive Director and Board Chairperson is responsible for policy administration. Employee Assistance and Drug Awareness Illegal drug use and alcohol misuse have a number of adverse health and safety consequences. Information about those consequences and sources of help for drug/alcohol problems is available from the Executive Director or Board Chair. Access TV will accommodate employees who voluntarily seek help for such problems before becoming suspected or subject to discipline and/or dismissal under this or other Access TV policies. Such employees will be allowed to use accrued paid time off, be placed on leaves of absence, be referred to ___________________________________________________________________________________________________ A PPROVED BY A CCESS TV BOARD OF D IRECTORS. J ANUARY 23, 2017. M ARNIE R HEIN, E XECUTIVE D IRECTOR P AGE 18 treatment providers and otherwise accommodated as required by law. Such employees may be required to document that they are successfully following prescribed treatment and to take and pass follow­up tests if they hold jobs that are safety sensitive or require driving or have violated this policy previously. Employees should report to work fit for duty and free of any adverse effects of alcohol and or other drugs. This policy does not prohibit employees from the lawful use and possession of prescribed medications. Employees must, however, consult their doctors about the medication’s effect on their fitness for duty and ability to work safely and promptly disclose any work restrictions to their supervisor. Employees should not, however, disclose underlying medical conditions unless directed to do so. Employee Personnel Files Employee files are maintained by the Access TV and are considered confidential. Supervisors may only have access to personnel file information on a need-to know basis A supervisor considering the hire of a former employer or transfer of a current employee may be granted access to the file, or limited parts of it, in accordance with antidiscrimination laws. An employee will generally be permitted to review his or her personnel files. Personnel files may not be taken outside the building. Anyone who reviews personnel files must sign a checkout list which will be kept in a secure site along with confidential documents. Representatives of government or law enforce- ment. Representatives of government or law enforcement agencies, in the course of their duties, may be allowed access to file information. Records All personnel records will be kept on file for seven years for employees who have left Access TV. The Executive Director will be responsible to maintain confidentially for those records required. Credit Card Usage Access TV has a credit card account available as a payment method for purchases by the organization. The account will be used for purchases such as capital equipment, items ordered by phone and/or delivered by mail, travel expenses incurred by employees and other types of purchases as may be approved. Credit card purchases must have prior approval by the Executive Director. Credit card purchases over $5,000. must be approved by the Executive Committee. Any employee making an unapproved credit purchase shall be held personally responsible for such charges. Further, making unapproved credit card purchases may be considered theft of company property and may constitute grounds for immediate dismissal without warning. Work Rules  Whenever employees are working, are operating Access TV vehicles, are present on Access TV premises, with the exception of special events, or are conducting Access TV related work off­site, they are prohibited from:  Using, possessing, buying, selling, manufacturing or dispensing an illegal drug (to include possession of drug paraphernalia) and being under the influence of alcohol and or other drugs as defined in this policy.  The presence of any detectable amount of any illegal drug or illegal controlled substance in an employee’s body, while performing Access TV business or while in an Access TV facility is prohibited. ___________________________________________________________________________________________________ A PPROVED BY A CCESS TV BOARD OF D IRECTORS. J ANUARY 23, 2017. M ARNIE R HEIN, E XECUTIVE D IRECTOR P AGE 19  Access TV will also not allow any employee to perform his/her duties while taking prescribed drugs that are adversely affecting the employee’s ability to safely and effectively perform his/her job duties. Employees taking a prescribed medication must be prepared to produce the medication container prepared by a licensed pharmacist.  Any illegal drugs or drug paraphernalia may be turned over to an appropriate law enforcement agency and may result in criminal prosecution.  Upon reasonable suspicion of drugs, two members of Access TV must escort and transport the employee off premises. Employees may be subject to testing when they cause or contribute to accidents that damage an Access TV vehicle, machinery, equipment, or property and/or result in an injury to themselves or someone else, requiring off­site medical attention. A probable belief circumstance will be presumed to arise in any instance involving a work related accident or injury in which an employee who was found to be responsible for causing the accident. In any of these instances, the investigation and subsequent testing must take place within two (2) hours following the incident.  Employees who have tested positive, or otherwise violated this policy, are subject to discipline, up to and including dismissal. Depending upon the circumstances and the employee’s work history/record, Access TV may offer an employee who violates this policy or tests positive the opportunity to return to work on a last chance basis pursuant to mutually agreeable terms.  Employees who refuse to cooperate in tests will be dismissed. The first time an employee tests positive for alcohol or illegal drug use under this policy, the result will be discipline up to and including discharge.  Employees will be paid for time spent in alcohol/drug testing and then suspended pending the results of the drug/alcohol test. Should test results prove to be negative, the employee will receive back pay for the times/days of suspension.  Information and records relating to positive test results, drug and alcohol dependencies and legitimate medical explanations provided to the executive Director or Board Chair shall be kept confidential to the extent required by law and maintained in secure files separate from personnel files. Such records and information may be disclosed among supervisors on a need­to­know basis and may also be disclosed where relevant to a grievance, charge, claim or other legal proceeding initiated by or on behalf of an employee or applicant.  Access TV reserves the right to inspect all portions of its premises for drugs, alcohol or other contraband.  Employees who possess such contraband or refuse to cooperate in such inspections are subject to appropriate discipline, up to and including dismissal. Access TV does not desire to intrude into the private lives of its employees, but recognizes that employee’s off­the­job involvement with drugs and alcohol may have an impact on the workplace. Therefore, Access TV reserves the right to take appropriate disciplinary action for drug usage/sale/distribution while off Access TV premises. “Access TV Premises” includes, but is not limited to, all buildings, offices, facilities, grounds, parking lots, lockers, places and vehicles owned, leased or managed by Access TV or on any site on which Access TV is conducting business. “Illegal Drug” means a substance whose use or possession is controlled by federal law but that is not being used or possessed ___________________________________________________________________________________________________ A PPROVED BY A CCESS TV BOARD OF D IRECTORS. J ANUARY 23, 2017. M ARNIE R HEIN, E XECUTIVE D IRECTOR P AGE 20 under the supervision of a licensed healthcare professional. (Controlled substances are listed in Schedules I­V of 21 C.F.R. Part 1308.) “Under the Influence of Alcohol” means an alcohol concentration equal to or greater than .04 blood alcohol level/40mg/DL, or actions, appearance, speech or odors that reasonably cause a supervisor to conclude that an employee is impaired because of alcohol use. Workplace Bullying Access TV defines bullying as “repeated inappropriate behavior, either direct or indirect, whether verbal, physical or otherwise, conducted by one or more persons against another or others, at the place of work and/or in the course of employment.” The purpose of this policy is to communicate to all employees, including managers, that Access TVwill not tolerate bullying behavior. Employees found in violation of this policy will be disciplined up to and including dismissal. Bullying may be intentional or unintentional. However, it must be noted that where an allegation of bullying is made, the intention of the alleged bully is irrelevant and will not be given consideration when meeting out discipline. As in sexual harassment, it is the effect of the behavior upon the individual that is important. AccessTV considers the following types of behavior examples of bullying:  Verbal bullying: Slandering, ridiculing or maligning a person or his/her family; persistent name calling that is hurtful, insulting or humiliating; using a person as the butt of jokes; abusive and offensive remarks.  Physical bullying: Pushing, shoving, kicking, poking, tripping, assault or threat of physical assault; damage to a person’s work area or property.  Gesture bullying: Nonverbal threatening gestures or glances that convey threatening messages.  Exclusion: Socially or physically excluding or disregarding a person in work related activities. Violence in the Workplace All employees, customers, vendors and business associates must be treated with courtesy and respect at all times. Employees are expected to refrain from conduct that may be dangerous to others. Conduct that threatens, intimidates or coerces another employee, customer, vendor or volunteer will not be tolerated. Access TV resources may not be used to threaten, stalk or harass anyone at the workplace or outside the workplace. Access TV treats threats coming from an abusive personal relationship as it does other forms of violence. Indirect or direct threats of violence, incidents of actual violence and suspicious individuals or activities should be reported as soon as possible to a supervisor, or member of the Board of Directors. When reporting a threat or incident of violence, the employee should be as specific and detailed as possible. Employees should not place themselves in peril, nor should they attempt to intercede during an incident. Employees should promptly inform the Executive Director of any protective or restraining order that they have obtained that lists the workplace as a protected area. Employees are encouraged to report safety concerns with regard to intimate partner violence. Access TV will not retaliate against employees making good faith reports and Access TV will promptly and thoroughly investigate all reports of threats of violence or incidents of actual violence and of suspicious individuals or activities. The identity of the individual making a report will be protected as much as possible. Access TV will not retaliate against employees making good faith reports of violence, threats or suspicious individuals or activities. In order to maintain workplace safety and the integrity of its investigation, Access TV may suspend employees suspected of workplace violence or threats of violence, either with or without pay, pending investigation. ___________________________________________________________________________________________________ A PPROVED BY A CCESS TV BOARD OF D IRECTORS. J ANUARY 23, 2017. M ARNIE R HEIN, E XECUTIVE D IRECTOR P AGE 21 Anyone found to be responsible for threats of actual violence or other conduct that is in violation of these guidelines will be subject to prompt disciplinary action up to and including termination of employ ment. Access TV encourages employees to bring their disputes to the attention of their supervisor or the Board of Directors before the situation escalates. Access TV will not discipline employees for raising such concerns. Workplace Safety It is the responsibility of each employee to conduct all tasks in a safe and efficient manner complying with all local, state and federal safety and health regulations and program standards, and with any special safety concerns for use in a particular area or with a client or volunteer. Access TV shall have an emergency plan detailing procedures in handling emergencies such as fire, weather related events and medical crises. It is the responsibility of the employee to complete a written Accident and Incident Report for each safety and health infraction that occurs by an employee or that the employee witnesses. Failure to report such an infraction may result in employee disciplinary action. Furthermore, management requires that every person in the organization assume the responsibilityof individ ual and organizational safety. Failure to follow organization safety and health guidelines or engaging in conduct that places the employee, client or organization property at risk can lead to employee disciplinary action and/or dismissal. Workplace Expectations Confidentiality It is our policy that all information considered confidential will not be disclosed to external parties or to employees without a “need to know.” If an employee questions whether certain information is considered confidential, he/she should first check with his/her supervisor. This policy is intended to alert employees to the need for discretion at all times and is not intended to inhibit normal business communications. All inquiries from the media must be referred to the Executive Director or Board Chairperson. Conflicts of Interest Employees must avoid any relationship or activity that might impair their ability to make objective and fair decisions when performing their jobs. Conflicts may occur based on job description tasks as well as functions or activities that occur outside of the job. Organization property, information or business opportunities may not be used for personal gain. Conflicts of interest could arise in the following circumstances:  Being employed by, or acting as a consultant to a competitor or potential competitor, supplier or contractor, regardless of the nature of the employment, while employed with Access TV.  Hiring or supervising family members or closely related persons.  Employees with a conflict of interest questions should seek advice from their supervisor, Executive Director or Board Chairperson. Employees are permitted to engage in outside work or to hold other jobs, subject to certain restrictions as outlined below. Activities and conduct away from the job must not compete with, ___________________________________________________________________________________________________ A PPROVED BY A CCESS TV BOARD OF D IRECTORS. J ANUARY 23, 2017. M ARNIE R HEIN, E XECUTIVE D IRECTOR P AGE 22 conflict with, or compromise the organizational interests or adversely affect job performance and the employees’ ability to fulfill all job responsibilities. Employees are allowed to perform services for customers on nonworking time on projects that are confirmed by the Executive Director as not normally performed by Access TV. This prohibition also extends to the unauthorized use of any organizational equipment and the unauthorized use or application of any confidential information. In addition, employees are not to solicit or conduct any outside business during paid working time. Employees are cautioned to carefully consider the demands that additional work activity will create before accepting outside employment. Outside employment will not be considered an excuse for poor job performance, absenteeism, tardiness, leaving early, refusal to travel or refusal to work overtime or different hours. If Access TV determines that an employee’s outside work interferes or conflicts with job responsibilities or performance, the employee may be asked to terminate the outside activities. Employees who have accepted outside employment may not use paid sick leave to work on the outside job. Fraudulent use of sick leave will result in disciplinary action up to and including dismissal. Attendance and Punctuality Vacation and other leave must be scheduled with one’s supervisor in advance. Sick leave may be used in the case of emergency or sudden illness without prior scheduling. Patterns of absenteeism or tardiness may result in discipline even if the employee has not yet exhausted available paid time off. Not reporting to work and not calling to report the absence is a no call/no show and is a serious matter. Not reporting to work will be addressed through the Access TV disciplinary policy. Attire and Grooming It is important for all employees to project a professional image while at work by being appropriately attired. Access TV employees are expected to be neat, clean and well- groomed while on the job. Clothing must be appropriate to the type of work being performed. Access TV is confident that employees will use their best judgment regarding attire and appearance Electronic Communication and Internet Use The following guidelines have been established for using the Internet, cell phones, and email in an appropriate, ethical and professional manner:  The internet, organization provided equipment (e.g., cell phone, laptops, computers) and services may not be used for transmitting, retrieving or storing any communications of a defamatory, discriminatory, harassing or pornographic nature.  The following actions are forbidden: o using disparaging, abusive, profane or offensive language; o creating, viewing or displaying materials that might adversely or negatively reflect upon Access TV; o engaging in any illegal activities, including piracy, extortion, blackmail, copyright infringement, and unauthorized access of any computers and organization provided equipment such as cell phones and laptops.  Employees may not copy, retrieve, modify or forward copyrighted materials, except with permission or as a single copy to reference only.  Employees must not use the system in a way that disrupts its use by others.  Employees are prohibited from sending or receiving files that are not related to work.  Employees should not open suspicious emails, popups or downloads.  Employees should immediately contact the operations manager with any questions or concerns to reduce the release of viruses or to contain viruses. ___________________________________________________________________________________________________ A PPROVED BY A CCESS TV BOARD OF D IRECTORS. J ANUARY 23, 2017. M ARNIE R HEIN, E XECUTIVE D IRECTOR P AGE 23  Internal and external emails are considered business records and may be subject to discovery in the event of litigation. Be aware of this possibility when sending email within and outside the organization.  Personal e-mail usage is discouraged during regular work time. Right to Monitor All organizational supplied technology and organizational related work records belong to the company and not to the employee. Inappropriate or illegal use or communication may be subject to disciplinary action up to and including termination of employment. Social Media—Acceptable Use Below are guidelines for social media use.  Content pertaining to sensitive organizational information should not be shared to the outside online community.  Proper copyright and reference laws should be observed by employees when posting online.  During working hours, your job comes first. Unless you are an authorized Social Media Manager, don’t let social media affect your job performance.  As with other forms of communication, do not engage in personal, racial or sexual harassment, unfounded accusations, or remarks that would contribute to a hostile workplace.  Do not create a link from your blog, website or other social networking site to the Access TV website without identifying yourself as an Access TV employee.  Express only your personal opinions. Never represent yourself as a spokesperson for Access TV unless you have the authority to do this.  Access TV may monitor content on the Internet. Policy violations may result in disciplinary action.  Employees are discouraged from using personal non-work related social media during Access TV working hours. Media Contacts The Executive Director or Board Chairperson are designated as the official spokespersons of Access TV. If approached by a member of the media for comment on an issue concerning Access TV, employees (and board members) are to refer the reporter to the Executive Director or Board Chairperson. The Executive Director or Board Chairperson may authorize a staff or board member to speak to the media about a specific issue, or to act as spokesperson in the absence of the official spokespersons, as necessary and appropriate. Creative Rights Policy During the course of employment, employees may create video programs, graphic art, and other creative materials. All such works are “works for hire” and Community Access Television of Salina, Inc. owns the copyright for all such materials. Employees have no ownership in any work for all such materials. Employees have no ownership in any “work for hire” created by them. All employees are required to sign an agreement acknowledging this arrangement. However, employees may request to use materials created by them in a personal portfolio. Granting of such requests will be on a case-by-case basis, and if granted, Community Access Television of Salina, Inc., and the employee will enter into an agreement which grants use of materials created by the employee while employed at Community Access Television of Salina, Inc., and stipulates that use of such materials created by the employee shall be limited to use in a personal portfolio and may not be used for any commercial purposes. Personal Projects Employees are welcome to use the Access TV facilities to work on any personal projects they may decide to take on; however, under no circumstances will they be allowed to work on ___________________________________________________________________________________________________ A PPROVED BY A CCESS TV BOARD OF D IRECTORS. J ANUARY 23, 2017. M ARNIE R HEIN, E XECUTIVE D IRECTOR P AGE 24 such projects during their regularly scheduled work hours. Employees must make reservations for use of the facilities like any volunteer, according to established policies and procedures. Employee Complaints and Grievances The purpose of the employee complaint and grievance procedure is to provide employees a means to resolve their work place concerns. All employees may file a grievance under this section. Step 1- Complaint Procedure: All employees are encouraged to work out any disputes directly with the person responsible, supervisor, or Executive Director. All parties are encouraged to document this step in the process. Step 2- Grievance Procedure: Should such an attempt lead to an unsatisfactory resolution, the employee may submit a written appeal to any person on the Board Executive Committee or the Executive Director. In order to qualify under this section, a grievance must be filed no later than 30 calendar days after the date in which the condition commenced. A grievance shall be determined as an alleged misapplication of employment policies or due to employee interpersonal relationships. How to File: The written grievance should contain the: 1. name of the person submitting the grievance, 2. contact information, 3. date or dates of grievance occurrence, 4. written descriptive summary of events including who was involved and what happened or written description of the policy (policies) that has been arbitrarily or unfairly implemented. Upon receiving the written grievance, the Board Chair shall convene the Personnel Committee meeting with the aggrieved employee, the Personnel Committee Chair, and the Executive Director, and this group will meet will all concerned parties either separately or jointly at the discretion of the Board Chair. This must be done within 10 calendar days after receiving the written grievance. The Personnel Committee may offer voluntary mediation through a local mediator as the next step of the dispute resolution process if both parties agree to the process. In the event that mediation is unsuccessful, or any one of the parties do not want to participate in voluntary mediation, the Board Chair will name the ad hoc Grievance Committee to serve as the special formal Grievance Committee. The Grievance Committee will include the Chair of the Personnel Committee, One staff member picked at random, one board member picked at random and the board chair. They convene a meeting in which statements will be taken from the parties involved including the Executive Director, or person responsible for management of the grievant, either separately or jointly at the discretion of the Grievance Committee. The Grievance Committee may also request statements from other employees or persons. The Grievance Committee shall have 10 calendar days following notification of the grievance meeting in which to respond to the employee in writing concerning the relief requested. If the Grievance Committee fails to respond within this time limit, the grievance will be upheld. In all instances, a thorough and fair investigation will take place, giving careful consideration to the rights of all involved. The Chairperson will report the grievance and the result at the next regularly scheduled Board of Directors meeting. The written grievance resolution will be final, although the parties may pursue their due process rights. The grievance documentation will be sealed, stored. and remain confidential. ___________________________________________________________________________________________________ A PPROVED BY A CCESS TV BOARD OF D IRECTORS. J ANUARY 23, 2017. M ARNIE R HEIN, E XECUTIVE D IRECTOR P AGE 25 End Notes: APPENDIX A Benefits Medical/Dental Care Access TV will provide a group health insurance plan, and a dental insurance plan, for all full-time employers who have completed at least 90 days of service. Employees have the first 90 days of service to make medical and dental plan elections. Once made, elections are fixed for the remainder of the plan year. At the end of each calendar year during open enrollment, employees may change medical and dental elections for the following calendar year. Access TV will pay a benefit which is equal to 100% of the actual cost of an individual health insurance policy and an individual dental insurance policy up to $300 per month for each full-time employee. This cost will be deducted pre-tax from the employee’s paycheck. Should the employee wish to purchase coverage for additional family members, or domestic partners, or purchase supplemental insurance, the cost will also be deducted pre-tax from the employee’s paycheck. Should an employee waive this coverage, no benefit will be paid. Waiver of coverage will be done in writing using Access TV’s Waiver of Benefits Form. Access TV can provide information on insurance coverage through Kansas Continuation Insurance if needed. The insurance plans will be reviewed annually by the Executive Director and Personnel Committee. In the event the plans need to be modified, recommendations will be made to the full Board of Directors for a change in plans or for a revision in the benefit payments to employees by Access TV. Other Benefits Employees who sustain work related injuries must immediately notify their supervisor or the Executive Director. Worker’s Compensation and Unemployment Compensation insurance premiums will be paid for each employee as required by law. Retirement \[401 (K) Retirement Plan\] Access TV offers a voluntary pretax salary reduction plan for all employees over the age of 21 who have completed the probationary period and earn at least $5,000 per year. The organization will contribute a maximum of 3% of each employee’s annual salary to their retirement fund. The retirement fund will be maintained for each employee and vested to them upon the three-year anniversary of their employment. Should an employee waive this benefit waiver of the benefit will be done in writing using Access TV’s Waiver of Benefits Form. ___________________________________________________________________________________________________ A PPROVED BY A CCESS TV BOARD OF D IRECTORS. J ANUARY 23, 2017. M ARNIE R HEIN, E XECUTIVE D IRECTOR P AGE 26 Employee Handbook Acknowledgment and Receipt I have received my copy of the Employee Handbook. The employee handbook describes important information about Access TV, and I understand that I should consult my supervisor regarding any questions not answered in the handbook. I have entered into my employment relationship with Access TV voluntarily and acknowledge that there is no specified length of employment. Accordingly, either I or Access TV can terminate the relationship at will, with or without cause, at any time, so long as there is not violation of applicable federal or state law. I understand and agree that, other than the board chairperson, no manager, supervisor or representative of Access TV has any authority to enter into any agreement for employment other than at will; only the board chairperson, with written approval by the full board, has the authority to make any such agreement and then only in writing signed by the board chairperson. This handbook and the policies and procedures contained herein supersede any and all previous policy and procedures handbooks, manuals, and any and all prior practices, oral or written representations, or statements regarding the terms and conditions of my employment with Access TV. By distributing this handbook, the organization expressly revokes any and all previous policies and procedures that are inconsistent with those contained herein. I understand that, except for employment-at-will status, any and all policies and practices may be changed at any time by Access TV, and Access TV reserves the right to change my hours, wages and working conditions at any time. All such changes will be communicated through official notices, and I understand that revised information may supersede, modify or eliminate existing policies. Only the board chairperson, with written approval by the full board, has the ability to adopt any revisions to the policies in this handbook. I understand and agree that nothing in the Employee Handbook creates, or is intended to create, a promise or representation of continued employment and that employment at Access TV is employment at will, which may be terminated at the will of either Access TV or myself. Furthermore, I acknowledge that this handbook is neither a contract of employment nor a legal document. I understand and agree that employment and compensation may be terminated with or without cause and with or without notice at any time by Access TV or myself. I have received the handbook, and I understand that it is my responsibility to read and comply with the policies contained in this handbook and any revisions made to it. ________________________________________ ______________________________ ___________________________________________________________________________________________________ A PPROVED BY A CCESS TV BOARD OF D IRECTORS. J ANUARY 23, 2017. M ARNIE R HEIN, E XECUTIVE D IRECTOR P AGE 27 Employee’s Signature Date ________________________________________ ______________________________ Employee’ s Name (Print) Date TO BE PLACED IN EMPLOYEE’S PERSONNEL FILE ___________________________________________________________________________________________________ A PPROVED BY A CCESS TV BOARD OF D IRECTORS. J ANUARY 23, 2017. M ARNIE R HEIN, E XECUTIVE D IRECTOR P AGE 28