Field Employee Manual Revisions Date 10/1/2010 New Version # 1.1 Item Changes Manual Major Revision 2|P age ABBTECH Field Employee Manual TABLE OF CONTENTS Receipt and Acknowledgement of Employee Manual 1. SECTION ONE - INTRODUCTION 1.1 About ABBTECH 1.2 ABBTECH Mission Statement 1.3 Employment Applications and/or Resume 1.4 Employment Relationship/At Will Employment 1.5 Employee Referral Bonus 2. SECTION TWO - EMPLOYMENT POLICIES 2.1 Equal Opportunity Employment 2.2 Work Rules, Regulations, and Policies 2.3 Non-Disclosure/Confidentiality 2.4 Personnel Data Changes 2.5 Employment Verification 2.6 Outside Employment 2.7 Employment Termination 2.8 Safety 2.9 Supplies; Expenditures; Obligating the Company 2.10 Expense Reimbursement 2.11 ABBTECH Travel Policy 2.12 Immigration Law Compliance 2.13 E-Verify 3. SECTION THREE - STANDARDS OF CONDUCT 3.1 Attendance/Punctuality 3.2 Discrimination & Harassment Policy 3.3 Public Image 3.4 Substance Abuse 3.5 Voice Mail, Email, Internet and Computer Use 3.6 Workplace Violence 3.7 Corrective Action 3.8 Solicitation and Distribution 3.9 Personal and Company Policy 3.10 Conflict of Interest 3.11 Code of Business Ethics and Conduct 4. SECTION FOUR - WAGE AND SALARY POLICIES 4.1 Employee Classification 4.2 Timekeeping 4.3 Overtime 4.4 Pay Cycle 4.5 Paycheck Distribution & Cashing Procedures 4.6 Reporting Time Pay – Inclement Weather & “Acts of God” 4.7 Termination and Severance Pay 4.8 Mandatory Deductions from Paycheck 4.9 Wage Assignments (Garnishments) 3|P age ABBTECH Field Employee Manual 4.10 Policy on Improper Deductions 5. SECTION FIVE - BENEFITS AND SERVICES 5.1 Group Insurance 5.2 Cobra Benefits 5.3 401(K) 5.4 Family Medical Leave Act (FMLA) 5.5 Employee Leave 5.6 Holidays 5.7 Worker’s Compensation 5.8 Unemployment Compensation 5.9 Jury Duty/Victims of Crime Leave 5.10 Military Leave 6. SECTION SIX – MISCELLANEOUS 6.1 Location of Policies and Procedures and Forms 6.2 ABBTECH Contact List 4|P age ABBTECH Field Employee Manual RECEIPT and ACKNOWLEDGEMENT of EMPLOYEE MANUAL By signing below, I acknowledge that I have received a copy of the ABBTECH Field Employee Manual, and acknowledge that I have read and understand the practices, policies, and benefits addressed in this Manual, including the Acknowledgment, and agree to its terms and conditions. I acknowledge that if I have any questions regarding the policies contained in this Manual, I will contact the Human Resources Department for assistance and clarification. I further acknowledge that the Employee Manual contains policies and regulations, which apply to me. I understand that the Employee Manual may be amended, modified, or eliminated at any time ABBTECH may deem appropriate. I further understand that my failure to abide by the policies and regulations included and referenced in this Employee Manual can result in disciplinary action against me, up to and including termination of my employment with the Company. I also understand that my employment is not guaranteed for any specific period of time and that nothing in this Manual creates an express or implied contract of employment. I further understand and agree that my employment with ABBTECH is at-will, meaning either ABBTECH or I may terminate the employment relationship at any time, with or without cause and with or without notice. By signing the RECEIPT AND ACKNOWLEDGEMENT OF EMPLOYEE MANUAL I am confirming that I received, reviewed, and understand the ABBTECH Field Employee Manual and all related policies and procedures as follows: Employee Referral Program Form (Section 1.6) Affirmative Action Letter (Section 2.1) USERRA Poster (Section 2.1, 5.12) Promulgation Letter (Section 2.3) Maintenance, Retention and Access to Personnel Files and Records G0029 (Section 2.4, 5.7) Progressive Discipline Policy G0014 (Section 3) Employee Expense Report Policy G0002 (Section 2.13) Field Expense Report (Section 2.13) ABBTECH Travel Policy G0012 (Section 2.14) E-Verify Poster (Section 2.16) Right to Work Poster (Section 2.16) E-Verify Brochure (Section 2.16) Harassment Policy and Procedures G0003 (Section 3.3) Drug and Alcohol Free Workplace Policy G0022 (Section 3.5) Computer and Telephone Monitoring Policy G0021 (Section 3.6) Code of Business Ethics and Conduct G0032 (Section 3.10) Time Reporting Policy and Procedure AC0003 (Section 4.1) Your Healthcare Continuation Coverage under COBRA (Section 5.2) Family Medical Leave Act G0025 (Section 5.3) Introduction to the 401(k) Plan (Section 5.5) Workers’ Compensation Insurance (Section 5.9) I also understand that ABBTECH employee related information and policies may be found online in the New Hires/Welcome Package and Benefits section of the Employees Portal at our website: http://www.abbtech.com. ACKNOWLEDGED AND AGREED: Employee Signature Printed Name 5|P age ABBTECH Field Employee Manual Date 1. SECTION ONE INTRODUCTION Welcome to ABBTECH Staffing Services, Inc. We are pleased to have you as a member of our ABBTECH family. Each and every employee is important to us. We appreciate feedback from any employee whose suggestion could make ABBTECH a better company with better services. ABBTECH’s goal is to be better, not necessarily bigger, provide a competitive income and benefits, and a variety of job assignments for every employee. This Manual is designed to acquaint you with ABBTECH and provide you with information about working conditions, benefits, and policies affecting your employment. The information contained in this Manual applies to all field employees of ABBTECH. Field employees are defined as ABBTECH employees assigned to a contract for an ABBTECH client. This Employee Manual contains general statements of ABBTECH policy. This Manual supersedes all prior policies, procedures or memos as to subjects addressed in this Manual and all representations, oral or written. You are responsible for reading, understanding, and complying with all referenced policies and procedures as well as the provisions of this Manual. Our objective is to provide you with a work environment that is constructive to both personal and professional growth. ABBTECH may revise, update, modify and or cancel policies and procedures at any time without prior notice. Such changes will be provided at the time of institution and will be effective on such dates as determined by ABBTECH. If you are uncertain about any policy or procedure, speak with your ABBTECH representative. No individual supervisor or manager has authority to change policies at any time. Note: Throughout this Employee Manual, masculine pronouns such as he, his, or him shall be construed so as to include both sexes. 1.1 ABOUT ABBTECH ABBTECH is a woman-owned small business with a highly trained and experienced staff with cumulative work experience of more than 100 years in the staffing industry. ABBTECH provides a full range of Information Technology, Technical, Professional and Administrative positions throughout the United States. Many of ABBTECH’s recruiters and sales personnel have worked in the staffing industry since 1970 supplying personnel to Fortune 500 companies, as well as medium and small businesses. Our clients offer top paying temporary and career positions to qualified candidates through ABBTECH experienced placement consultants who match their career objective to our client’s needs. We provide employment opportunities in the following Job Categories: IT, Technical, Professional, and Administrative. (See Section 1.6, Employee Referral Bonus) 1.2 ABBTECH MISSION STATEMENT 6|P age ABBTECH Field Employee Manual ABBTECH is here to serve our clients and employees with the highest levels of quality service. Our goal is to ensure fairness, honesty, integrity and excellence in all areas of business. We will provide the best services at a reasonable cost to our customers. We will exceed our client’s and employee’s expectations while growing a responsible and respectable organization. 1.3 EMPLOYMENT APPLICATIONS and/or RESUME We rely upon the accuracy of information contained in the employment application and/or resume and the accuracy of other data presented throughout the hiring process and employment. Any misrepresentations, falsifications, or material omissions in any of this information or data may result in your exclusion from further consideration for employment or, if you have been hired, disciplinary action, up to and including termination of employment. 1.4 EMPLOYMENT RELATIONSHIP/AT WILL EMPLOYMENT Employment with ABBTECH is “at will”, meaning that your employment can be terminated with or without cause, and with or without notice, at any time, at the option of either ABBTECH or yourself. You enter into employment voluntarily, and you are free to resign at any time for any or no reason. Similarly, ABBTECH is free to terminate its relationship with any employee at any time for any or no reason, except as otherwise provided by law. Therefore, neither this Manual nor ABBTECH’s policies and procedures constitutes a guarantee that your employment will continue for any definite period of time or end only under certain conditions. Nothing in this Manual or in ABBTECH’s Policies and Procedures constitutes an express or implied contract of employment or warranty of any compensation or benefits. No one other than ABBTECH’s CEO, President and Vice President has the authority to make any exception to this policy, and any such exception by one of these individuals must be in writing and signed by the CEO, President, or Vice President. 1.5 EMPLOYEE REFERRAL BONUS Reference: Employee Referral Program Form Open positions will be posted on our website http://www.abbtech.jobs. You are encouraged to recommend and refer qualified candidates for employment with ABBTECH. If you know of someone who would like to work with us, we will be glad to consider him or her for appropriate openings. Notify your ABBTECH representative and be sure the individual mentions your name when contacting ABBTECH. When you recognize an exceptional performer, refer him or her to ABBTECH. We will work to earn their trust and respect. If ABBTECH hires any of your referrals for 90 days or longer, you will receive a referral fee based on the level of the position, unless receipt of a referral fee is forbidden by law, rules, or regulations. This policy may change from time to time. All ABBTECH employee related information may be found online in the Helpful Links/Resources section of the Employees Portal at our website: http:www.abbtech.com. 2. SECTION TWO EMPLOYMENT POLICIES 2.1 EQUAL OPPORTUNITY EMPLOYMENT Reference: Affirmative Action Letter; USERRA Poster 7|P age ABBTECH Field Employee Manual In order to provide equal employment and advancement opportunities to all individuals, employment decisions at ABBTECH will be based on merit, qualifications, and abilities. ABBTECH does not discriminate in employment opportunities or practices because of race, color, religion, sex, pregnancy, childbirth or related medical conditions, national origin, age, disability, genetic information of the individual or family member of the individual, marital status, veteran status, or any other basis prohibited by federal, state or local law. This policy governs all aspects of employment including recruitment, hiring, training, compensation, benefits, transfers, reductions in staff, rehires, leaves of absences, promotion, discharge, and other terms and conditions of employment. It is the policy of ABBTECH to comply with all the relevant and applicable provisions of the Americans with Disabilities Act (ADA) and the Americans with Disabilities Amendment Act (ADAAA). ABBTECH will not discriminate against any qualified employee or job applicant with respect to any terms, privileges, or conditions of employment because of a person’s physical or mental disability. ABBTECH also will make reasonable accommodations for a known disability wherever necessary for employees or applicants with disabilities, provided that the individual is otherwise qualified to safely perform the essential functions of the job and provided that such accommodations would not impose an undue hardship on the operations of ABBTECH’s business. Management is primarily responsible for seeing that ABBTECH’s equal employment opportunity policies are carried out, but all members of the staff share in the responsibility for assuring that by their personal actions the policies are effective and apply uniformly to everyone. If you have questions or concerns about discrimination in the workplace you are encouraged to bring these issues to the attention of your ABBTECH representative or to your Human Resources Representative. You can raise concerns and make reports without fear of reprisal. Any employee found to be engaging in unlawful discrimination will be subject to disciplinary action, up to and including termination of employment. ABBTECH is committed to service and providing the client with the best qualified personnel for each and every assignment. Our growth and future as well as yours depend upon appropriate conduct and satisfactory performance from every employee. 2.2 WORK RULES, REGULATIONS, AND POLICIES You are expected to follow all work rules, regulations and procedures set forth by ABBTECH and ABBTECH's clients while working on their premises. If you have a concern with compliance or are not sure if policies exist, please call your ABBTECH representative immediately. 2.3 NON-DISCLOSURE/CONFIDENTIALITY Reference: Promulgation Letter All ABBTECH employees should be aware that ABBTECH's operations, activities, and business affairs are confidential and must be treated as confidential. During the course of employment with ABBTECH, you are likely to acquire confidential or proprietary information about ABBTECH. You are required to handle such information in strict confidence and not to discuss it with anyone outside ABBTECH or with any employees of ABBTECH who do not have a legitimate business reason and need to know the information. Employees are responsible for the security of all such information. Information on ABBTECH’s databases and all other information on ABBTECH computers belong to 8|P age ABBTECH Field Employee Manual ABBTECH and is confidential and proprietary to ABBTECH. Employees may not disclose this information to anyone outside of ABBTECH without ABBTECH’s written authorization. Similarly, during the course of your assignment to an ABBTECH client, you are likely to acquire confidential and proprietary information about the client. You are required to handle all such information in strict confidence and not to discuss it with anyone outside the client, or with any employee of the client or employees of ABBTECH who do not have a legitimate business reason and need to know the information. Information on the client’s databases and all other information on client computers belong to the client and are confidential and proprietary to client. Employees may not disclose this information to anyone outside of the client’s business without ABBTECH’s and the client’s written authorization. Our customers entrust ABBTECH with important information relating to their businesses. The nature of this relationship requires maintenance of confidentiality. Employees are responsible for the security of all such information, and in safeguarding this information; ABBTECH earns the respect and further trust of our clients. ABBTECH employs staff members who support sensitive US Government contracts. These individuals are informed of their responsibilities to the agencies and companies they are supporting. Management fully supports federal regulations and policies designed to protect the sensitive information and materials these employees have access to, and expects the employees to comply with whatever additional policies and practices that they are briefed about by the agency or company they are supporting. You should also be aware of and sensitive to approaches by individuals outside of ABBTECH or your department asking you questions about your work or place of work that seem beyond the normal scope of appropriate inquiries. Do not provide information that you do not believe should be disclosed, and report any such inquiries to your ABBTECH representative immediately. Your employment with ABBTECH assumes an obligation to maintain confidentiality, even after you leave our employ. In acknowledging receipt of this handbook, you are acknowledging your understanding that you may not use or retain or disclose any ABBTECH or client confidential information subsequent to your departure. Employees who improperly use or disclose trade secrets or confidential business information will be subject to disciplinary action, up to and including termination of employment and legal action, even if they do not actually benefit from the disclosed information. The protection of confidential business information and trade secrets is vital to the interests and success of ABBTECH. Such confidential information includes, but is not limited to, the following examples: • • • • • • • • • • Client Contact Information Candidate/Employee Contact Information Client List Target/Prospect Lists Employee Roster Compensation data Financial information Marketing strategies Pending projects and proposals Proprietary production processes 9|P age ABBTECH Field Employee Manual • • Personnel/Payroll records Pricing information You may be required to sign a non-disclosure agreement with ABBTECH and/or ABBTECH’s client as a condition of employment or continued employment. In such an event, the restrictions and obligations set forth in your non-disclosure agreement shall be in addition to the restrictions and obligations set forth herein. 2.4 PERSONNEL DATA CHANGES Reference: Maintenance, Retention and Access to Personnel Files and Records (G0029) It is your responsibility to notify the payroll department of any changes in personal data immediately. Changes such as: • • • • • • • • • Legal name Home address Current telephone number Number of dependents Marital status Change of a beneficiary Military or draft status Exemptions on your W4 tax forms Email Address Your personal data should be accurate and current at all times. Coverage or benefits that you and your family may receive under ABBTECH’s benefits package could be negatively affected if the information in your personnel file is incorrect. Address information should be current for prompt delivery of payroll and tax information. 2.5 EMPLOYMENT VERIFICATION All Field Employees, W2 and Corp-to-Corp, are employees of ABBTECH and as such must request employment verification from ABBTECH. No verification requests are to be made to the client. All employment verification requests must be received by the Human Resources Department in writing and accompanied by a signed release from the employee in question. The HR department will make all reasonable efforts to respond within 2 business days. 2.6 OUTSIDE EMPLOYMENT You may hold outside jobs in non-related businesses or professions as long as you meet the performance standards of your job description with ABBTECH and ABBTECH’s client. Unless an alternative work schedule has been approved by ABBTECH, you will be subject to ABBTECH’s and the client’s scheduling requirements, regardless of any existing outside work assignments. ABBTECH and ABBTECH’s client’s office space, equipment, and materials are not to be used for outside employment, and you may not perform duties for your outside employment during your assigned working hours for ABBTECH. 10 | P a g e ABBTECH Field Employee Manual You may not begin employment with a new employer while out on an approved ABBTECH leave, without obtaining written approval in advance from the Human Resources Department. Beginning outside employment while on leave without advance approval may result in disciplinary action, up to and including termination. 2.7 EMPLOYMENT TERMINATION Employment separation is an inevitable part of personnel activity within any organization, and many of the reasons for termination are routine. Below are a few examples of some of the most common circumstances under which employment is terminated: Resignation - voluntary employment termination initiated by an employee. Contract Termination –Client terminates contract with ABBTECH earlier than expected due to budget issues, changes in priorities, etc. Assignment Completion - Requirements of assignment fulfilled. Direct Hire - Contractor goes full-time with client. Termination for Cause - involuntary employment termination initiated by ABBTECH or our client. When you intend to terminate your employment with ABBTECH, ABBTECH requests that you provide ABBTECH with at least two weeks’ advance, written notice. Employees who fail to do so may not be eligible for rehire. Since employment with ABBTECH is at-will, both the employee and ABBTECH have the right to terminate employment at any time, for any reason, whether stated here or not, with or without cause or notice. Nothing in this policy alters your at-will employment relationship with ABBTECH. Upon termination of employment for any reason, you are required to return all ABBTECH and client property, including but not limited to this Employee Manual, files, records, laptop computers, cellular telephones, and keys. ABBTECH will take appropriate action to recoup it property or applicable replacement costs. Furthermore, any outstanding financial obligations (i.e. advance travel, per Diem, etc.) owed to ABBTECH, or the replacement costs of any ABBTECH- or client-provided equipment you fail to return, will be deducted from your final paycheck, if permitted by applicable law. Your benefits will be affected by employment termination as described in Section 5 of this Manual and in the benefit summary plan descriptions and plan documents. After termination employees are not kept on staff between assignments. It is the employee’s responsibility to contact their ABBTECH recruiter to determine if there are any other assignments available for them. Failure to do so may affect their unemployment benefits. 2.8 SAFETY The establishment and maintenance of a safe work environment is the shared responsibility of ABBTECH and its employees from all levels of the organization. ABBTECH will do everything within its control to assure a safe environment and compliance with federal, state and local laws and with the 11 | P a g e ABBTECH Field Employee Manual Occupational Safety and Health Administration (OSHA) regulations. Employees are expected to obey safety rules and exercise caution and common sense in all work activities, and to keep their work areas neat and free of potentially dangerous situations. You must immediately report any unsafe conditions to your ABBTECH client representative and ABBTECH representative. In the case of an accident that results in injury, regardless of how insignificant the injury may appear, you must notify your ABBTECH client representative and ABBTECH representative immediately. Employees who violate safety standards, cause hazardous or dangerous situations, or fail to report, or where appropriate, remedy such situations, may be subject to disciplinary action up to and including termination of employment. 2.9 SUPPLIES; EXPENDITURES; OBLIGATING THE COMPANY Only authorized persons may make purchases in the name of ABBTECH. No employee whose regular duties do not include purchasing shall incur any expense on behalf of ABBTECH or bind ABBTECH by any promise or representation without written approval. You may be required to reimburse ABBTECH for any such unauthorized expenditure and/or may be subject to disciplinary action, up to and including termination of employment for violating this policy. 2.10 EXPENSE REIMBURSEMENT Reference: Employee Expense Report Policy (G0002); Field Expense Report Employees who expect to incur business related expenses for which reimbursement will be sought are required to obtain prior approval for such expenses from their ABBTECH representatives. Expenses for which reimbursement may be sought include mileage allowance, airfare, phone bills, and hotel expenses. If prior approval has been obtained, employees must complete an expense report and attach supporting documentation, such as receipts, and submit them to the Payroll Department on a weekly basis, within two (2) weeks of incurring the expense, in order to be eligible for reimbursement. 2.11 ABBTECH Travel Policy Reference: ABBTECH Travel Policy (G0012) ABBTECH’s travel policy supersedes client guidance unless client rules are more restrictive. When client rules are more restrictive, ABBTECH will issue a copy of the client regulations. 2.12 IMMIGRATION LAW COMPLIANCE ABBTECH employs only United States citizens and those non-U.S. citizens authorized to work in the United States in compliance with the Immigration Reform and Control Act of 1986. Federal law requires that each new employee, as a condition of employment, must complete the Employment Eligibility Verification Form I-9 and present documentation establishing identity and employment eligibility on the first day of employment. Failure to complete an I-9 within this timeframe will result in termination of employment. Former employees who are rehired must also complete the form if they have not completed an I-9 with ABBTECH within the past three years or if their previous I-9 is no longer valid. 12 | P a g e ABBTECH Field Employee Manual 2.13 E-VERIFY Reference: E-Verify Poster, Right to Work Poster, E-Verify Brochure ABBTECH participates in E-Verify. E-Verify is an internet-based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of their newly hired employees. Federal law requires that all employers verify the identity and employment eligibility of all new employees (including U.S. citizens) within three days of hire. Employees are required to complete the Form I-9, and employees must provide employers with documentation establishing both identity and eligibility to work in the United States. For more information please visit the “Latest News” section of our website at www.abbtech.com or the Department of Homeland Security at www.dhs.gov/e-verify or contact USCIS at 1-888-464-4218. 3. SECTION THREE STANDARDS OF CONDUCT Whenever people gather to achieve goals, they need some rules of conduct to help everyone work together efficiently, effectively, and harmoniously. Some people have problems with “rules” and “authority figures”, and past experience may have justified these thoughts and feelings; however, at ABBTECH, we hold ourselves to a high standard of quality where rules and authority figures simply assure that quality is maintained. By accepting employment with us, you have a responsibility to ABBTECH and to your fellow workers to adhere to certain rules of behavior and conduct. The purpose of these rules is to be certain that you understand what conduct is expected and necessary. When each person is aware that he or she can fully depend upon fellow workers to follow the rules of conduct, then our organization will be a better place to work for everyone. The work rules and standards of conduct for ABBTECH acceptable business practices are important, and the Company regards them seriously. All employees are urged to become familiar with these rules and standards. In addition, employees are expected to follow the rules and standards faithfully in doing their own jobs and conducting the Company’s business. Please note that any employee who deviates from these rules and standards will be subject to disciplinary action, up to and including termination of employment. If ABBTECH’s client, to which the employee is assigned, provides employee with any type of standards of conduct, rules, or other agreement, it is the employee’s responsibility to comply with and to provide ABBTECH with said document within three (3) days of receipt. While not intended to list all the forms of behavior that are considered unacceptable in the workplace, the following are examples of rule infractions or misconduct that may result in disciplinary action up to and including termination of employment. • Violation of any Company policy or procedure; 13 | P a g e ABBTECH Field Employee Manual • Unsatisfactory work performance or failure to perform assigned duties; • Excessive absenteeism, tardiness, or leaving work early or any absence without notice; • Insubordination or other disrespectful conduct; • Possessing, distributing, selling, transferring, using or being under the influence of alcohol or illegal drugs during working hours, while on Company or client premises, in a Company or client vehicle, or while conducting any business-related activity; • Engaging in criminal conduct on Company or client premises, while in Company or client vehicles, or while conducting any business-related activity; • Engaging in acts of violence, exhibiting threatening behavior, or making threats of violence against anyone while on Company or client premises, in Company or client vehicles, or while conducting any business related activity; • Harassing, threatening, intimidating, or coercing any Company employee or client at any time, including during off-duty periods; • Unauthorized possession of dangerous or illegal firearms, explosives, or other weapons on Company or client property, in Company or client vehicles, or while conducting any businessrelated activity; • Engaging in any act of sabotage against the Company or its clients; • Willfully or negligently causing the destruction or damage of Company property, or the property of other Company employees, clients, suppliers or visitors; • Theft or unauthorized removal of any Company or client property, or the property of another employee, a client or supplier, including documents; • Fighting on Company or client property, horseplay, or any other action that is dangerous to others or to Company or client property or that disrupts works; • Failure to comply with safety or health rules, to cooperate in safety inspections or to promptly report to the appropriate person any unsafe condition encountered during work or while on Company or client premises; • Smoking in non-smoking areas or at non-designated times; • Engaging in sexual or other unlawful or unwelcome harassment, or otherwise violating the Company’s or the client’s Harassment Policy(s); • Using ABBTECH or client equipment or property for purposes other than ABBTECH business unless approved in advance by an appropriate Company or client representative; 14 | P a g e ABBTECH Field Employee Manual • Unauthorized copying, disclosure, or use of confidential information about the Company or its clients or any trade secrets, or otherwise violating any confidentiality or non-disclosure agreement; • Dishonesty; • Falsifying, misrepresenting or failing to provide complete and accurate information on Company or client records, including employment applications, personnel questionnaires, leave requests, work performance reports, time records, expense reports, or any other records, forms or reports; • Unauthorized altering of Company or client records or other documents; • Making or publishing false, vicious, or malicious statements concerning other employees, the Company, or its clients; • Immoral conduct or indecency on Company or client premises, in Company or client vehicles, or while conducting any business-related activity; • Conducting a lottery or gambling on Company or client premises, or while conducting any business-related activity; • Sleeping while on duty or failing to perform the duties of the position during working hours; • Engaging in excessive personal calls while on duty; • Recording by video, audio, camera, or other means, any conversations, images, or other communications while on Company or client premises or while conducting any businessrelated activity without the knowledge and consent of all parties to the communication, and without the prior approval of the Company and the client, if on-site at a client; • Permitting unauthorized individuals to enter and/or remain on Company or client premises; • Accepting employment with another employer while on an authorized leave of absence; • Failure to perform the duties of the position in a professional manner and to maintain civility in the workplace; • Failure to cooperate with a Company or client investigation. Reference: 3.1 Progressive Discipline Policy (G0014) ATTENDANCE/PUNCTUALITY The Company expects that you will be regular and punctual in attendance. This means being in your work station, ready to work, at your starting time each day. Absenteeism, tardiness, and leaving work prior to your scheduled departure time place a burden on other employees and on our clients. If you are unable to report for work at your scheduled time for any reason, you must notify your ABBTECH client representative and ABBTECH representative as soon as possible in advance, but in no 15 | P a g e ABBTECH Field Employee Manual event later than the scheduled start time (unless prevented by an emergency) . You are responsible for speaking directly with ABBTECH’s client representative and your ABBTECH representative about your absence or late arrival. It is acceptable to leave a voice mail. In the case of leaving a voicemail message, a follow-up call should be made later that day. If you do not report for work for two consecutive days and ABBTECH is not notified of your status (unless prevented by an emergency), ABBTECH may assume that you resigned, and you may be removed from the payroll system and terminated. If you become ill while at work or must leave the office for some other reason before the end of the workday, you must inform your client representative and ABBTECH representative of the situation as soon as possible before you leave. If there comes a time when you see that you will need to work some hours other than those that make up your usual work week, notify your ABBTECH client representative and ABBTECH representative at least two days in advance. Each request for special work hours will be considered separately, in light of your needs and the needs of our client. Such requests may or may not be granted. No overtime may be worked without the prior approval of your client representative. An employee who does not comply with this policy is subject to disciplinary action, up to and including termination of employment. 3.2 DISCRIMINATION & HARASSMENT POLICY Reference: Harassment Policy and Procedures (G0003) ABBTECH is committed to providing a work environment that is safe, fair and free from discrimination or harassment for all members of the ABBTECH team. ABBTECH has a responsibility under federal, state and local laws to ensure that employees are not subjected to behavior that may constitute unlawful discrimination or harassment. Not only is such behavior illegal it will not be tolerated here. ABBTECH specifically prohibits discrimination against or favoritism toward applicants, employees, clients, suppliers, and all other persons or organizations having a business relationship with ABBTECH on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, genetic information of the individual or family member of the individual, age, disability, marital status, veteran status, or any other basis prohibited by applicable law. This policy applies to all phases of employment, including recruiting, testing, hiring, upgrading, promotion or demotion, transfer, layoff, termination, rates of pay, benefits and selection for training, travel and/or company social events. Sexual Harassment Sexual harassment has been defined generally as including unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature, whenever: (1) submission to the conduct is either an explicit or implicit term or condition of employment; (2) an employee's reaction to the conduct is used as a basis for employment decisions affecting that employee; or (3) the conduct has the purpose or effect of interfering with the employee's work performance or creating an intimidating, hostile or offensive working environment. 16 | P a g e ABBTECH Field Employee Manual No employee or applicant should be subjected to unsolicited and unwelcome sexual overtures, nor should any employee or applicant be led to believe that an employment opportunity or benefit will in any way depend upon "cooperation" of a sexual nature. Sexual harassment is not limited to demands for sexual favors. It also may include such actions as: (1) sex-oriented verbal "kidding," "teasing" or jokes; (2) repeated offensive sexual flirtations, advances, or propositions; (3) continued or repeated verbal abuse of a sexual nature; (4) graphic or degrading comments about an individual or his or her appearance; (5) the display of sexually suggestive objects or pictures; (6) subtle pressure for sexual activity; and (7) inappropriate physical contact. Sexual harassment does not refer to occasional compliments of a socially acceptable nature, or consensual personal and social relationships without a discriminatory employment effect. It refers to behavior that is not welcome and that is personally intimidating, hostile, or offensive. General Harassment Harassment on other grounds, including race, color, religion, national origin, pregnancy, childbirth or related medical conditions, age, genetic information of the employee or family member of the employee, disability, marital status, veteran status, or any other basis prohibited by federal, state or local law is also prohibited. Prohibited harassment may include, but is not limited to, epithets, slurs, derogatory comments or jokes, intimidation, negative stereotyping, threats, assault or any physical interference with the employee’s normal work or movement, and other conduct that the individual might reasonably find to be offensive and which is directed at an individual employee, his/her relatives, friends or associates. Harassment may also include written or graphic material placed on walls, e-mail, bulletin boards or elsewhere on ABBTECH premises, or circulated in the workplace that denigrates, shows hostility or aversion towards an individual or group because of the characteristics identified above. Scope of Policy This policy prohibiting discrimination and harassment, whether sexual or of another nature, is not limited to relationships between and among employees and prospective employees, but also extends to interaction with clients, suppliers, and others having a business relationship with ABBTECH. No employee shall ever subject any client, supplier, or other person having a business relationship with the Company to sexual harassment or other unlawful harassment or discrimination of any nature, including that conduct described above. Furthermore, no employee or applicant will be required to suffer discrimination or harassment, including sexual harassment, by any client, vendor, or supplier. Any unwelcome sexual overtures or other forms of sexual or unlawful harassment or discrimination advanced by a client, vendor, or supplier should be reported immediately to your ABBTECH representative, Human Resources, or anyone in ABBTECH’s management. Complaint Procedure ABBTECH encourages reporting of all incidents of discrimination and harassment, including sexual harassment, regardless of the identity of the offender. While ABBTECH encourages individuals who believe they are being harassed to firmly and promptly notify the offender that his or her behavior is unwelcome, the Company also recognizes that power and status disparities between the offender and the recipient of the offensive conduct may make such a confrontation difficult. Consequently, such direct communication is not a requirement or prerequisite to filing a complaint. 17 | P a g e ABBTECH Field Employee Manual Notification Procedure Any employee who feels that he or she is or has been subjected to illegal discrimination or harassment in violation of this policy should immediately notify his or her ABBTECH representative, Human Resources, or anyone in ABBTECH’s management. Investigation of Complaint ABBTECH will fully investigate all complaints, and will maintain confidentiality to the extent possible given the Company's duty to investigate the complaint. Anyone who is found to have engaged in illegal discrimination or harassment will be subject to appropriate disciplinary action depending on the circumstances, including possibly termination of employment. Non-Retaliation for Complaint No employee will be retaliated against for making a complaint or assisting with the investigation of a complaint. Making a knowingly false complaint, however, may result in disciplinary action, including possibly termination of employment. ABBTECH is strongly committed to maintaining a workplace free of impermissible discrimination, harassment or intimidation, including sexual harassment. All complaints will be taken seriously. If you have questions, please speak to your ABBTECH representative, Human Resources, or anyone in ABBTECH’s management. 3.3 PUBLIC IMAGE A professional appearance is important. You should be well groomed and dressed appropriately for our client’s business and for your position in particular. The following items are examples of inappropriate working attire: • • • • • • • • • Shorts Flip Flops/Crocs T-shirts with inappropriate or offensive words, gestures, pictures or advertising Baseball Caps Bathing Suits Belly Shirts Low-rise pants or jeans Faded and/or ripped jeans Workout Gear (sports bras, bike shorts, etc.) Consult your client representative and/or ABBTECH representative if you have any questions about appropriate business attire. 3.4 SUBSTANCE ABUSE Reference: Drug and Alcohol Free Workplace Policy (G0022) 18 | P a g e ABBTECH Field Employee Manual ABBTECH maintains a drug-free workplace and intends that ABBTECH personnel be a drug-free workforce. Employees may not use, possess, manufacture, distribute, dispense, transport, sell, or be under the influence of or be impaired by illegal drugs or alcohol while on ABBTECH premises or while conducting any business-related activity at a client site or any other place away from ABBTECH’s premises. Such activities not only violate company rules, but also can adversely affect work quantity and quality, jeopardize employee health and create an unacceptably dangerous work environment. You may use legally prescribed drugs on the job only if they do not impair your ability to perform the essential functions of your job effectively and safely without endangering yourself or others. Employees in violation of this policy are subject to appropriate disciplinary action, up to and including termination of employment. 3.5 VOICE MAIL, E-MAIL, INTERNET AND COMPUTER USE Reference: Computer and Telephone Monitoring Policy (G0021) ABBTECH and ABBTECH’s clients provide ABBTECH employees with various technologies to assist the employees in conducting business for ABBTECH and its clients. ABBTECH’s and ABBTECH’s clients’ computer systems and other technology, including Internet access, the e-mail and phone systems, are the property of ABBTECH and ABBTECH’s clients respectively, and should be used primarily for conducting the business of ABBTECH and its clients. Employees are required to limit their non-business use of technology to non-working time during their lunch hour and breaks, and such usage must not interfere with the employee’s performance of his or duties for ABBTECH or its clients. While ABBTECH understands that its employees may, on occasion, use its or its clients’ computer system, access the Internet, and send and receive e-mail for personal matters, employees should not have any expectation of privacy with respect to use of these systems. All messages created, sent, or received, and all information accessed over the Internet, the intranet, or using ABBTECH’s and/or ABBTECH’s clients’ e-mail systems or other computer systems are subject to monitoring without further notice to employees. For privacy reasons, employees should not attempt to gain access to another employee’s personal files, e-mail message, or voice mail messages without the latter’s express permission. However, as noted, employees should be aware that, with respect to ABBTECH and its clients, they do not possess any privacy rights in messages sent or received on the electronic mail system, even though those systems may be password protected. ABBTECH’s and its clients’ e-mail, Internet, and computer systems should be used in a completely professional manner at all times. All e-mail communications, whether intended for internal or external circulation, should be professional, polite, and appropriate for the work environment. The e-mail system should not be used to solicit others for commercial ventures, religious or political causes, outside organizations, or other non-job-related promotions. Furthermore, as ABBTECH strives to maintain a workplace free of harassment and discrimination, ABBTECH prohibits the use of computers and the e-mail system in ways that are disruptive, offensive to others, or harmful to morale. ABBTECH’s Discrimination and Harassment Policy applies fully with respect to the use of the e-mail, Internet, and other computer systems. Employees may not download or use material from the Internet or other sources in violation of software licenses, copyright and trademark laws. Employees may not load any software on ABBTECH or its clients’ workstations or servers without the prior approval of the Director of IT. Furthermore, employees may only use software on local area networks or on multiple machines according to the software license agreement. ABBTECH prohibits the illegal or unauthorized duplication of software and its related documentation. 19 | P a g e ABBTECH Field Employee Manual Employees should notify their ABBTECH representative upon learning of violations of this policy. Employees who violate this policy will be subjective to disciplinary action, up to and including termination of employment. 3.6 WORKPLACE VIOLENCE ABBTECH has a Zero-Tolerance Policy regarding acts or threats of workplace violence committed by or against employees. Therefore, any employee found in violation of this policy will be subject to disciplinary action, including immediate termination. Prohibited conduct includes, but is not limited to: Attempted, threatened, or accomplished physical injury to any other person; Behavior that creates a reasonable fear or expectation of the infliction of injury; Behavior that subjects another individual to extreme emotional distress; Possession, exhibition or the use of any weapon on ABBTECH’s or its client’s premises or while engaged in ABBTECH business. 3.7 CORRECTIVE ACTION Reference: Progressive Discipline Policy (G0014) ABBTECH expects employees to follow established policies, procedures, work rules and standards of conduct. When employees deviate from these policies, procedures, rules and/or standards, ABBTECH may use a program of progressive discipline. Progressive discipline typically follows a pattern of increasing levels of discipline based on the increasing seriousness of the infraction or repeated infractions. The usual sequence of progressive discipline includes an oral warning, a written warning, probation, and finally termination of employment. In deciding which initial disciplinary action would be appropriate, an ABBTECH representative will consider the seriousness of the infraction, the circumstances surrounding the matter, the employee’s previous record, and the input of ABBTECH’s client. ABBTECH reserves the right to skip any or all levels of discipline and immediately terminate employment at its sole discretion. While ABBTECH will use this Progressive Discipline Policy when it deems appropriate, this policy does not alter the at-will employment relationship between you and ABBTECH, meaning that either you or ABBTECH may termination the employment relationship at any time, with or without cause or notice. Nothing in this Employee Manual or any other policies or procedures constitute a guarantee that employment will continue for any specific period of time or end only under certain conditions. Nothing in this Employee Manual or in any other policies or procedures constitutes an express or implied contract of employment or warranty of any compensation or benefits. 3.8 SOLICITATION AND DISTRIBUTION 20 | P a g e ABBTECH Field Employee Manual Solicitations for activities including signatures, charitable contributions, merchandise purchases, gifts, birthdays, and all other purposes, must be conducted during your non-working time. Solicitation of one employee by another is prohibited while either person is on working time. Working time is all time when your duties require that you be engaged in work tasks, but does not include your own time such as meal periods, scheduled breaks, and before and after work. Distribution of non-work related literature, leaflets, cards, notices, advertisements, or any other nonwork-related material is prohibited in working areas. Under no circumstances may items be posted on a bulletin board or ABBTECH’s intranet without being reviewed and approved by Human Resources. Additionally, posted materials are not permitted in common areas, including but not limited to, halls, lounges, meeting rooms, break rooms, or restrooms. Using ABBTECH stationary, supplies, or equipment for non-work related matters is prohibited. Non-employees are not permitted to enter ABBTECH’s premises for purpose of making solicitations or distributing literature or any other written materials. For purposes of this policy, the ABBTECH’s premises means inside ABBTECH’s facilities and on ABBTECH property. Employees violating any of the above rules may be subject to disciplinary action up to and including termination of employment. 3.9 PERSONAL AND COMPANY PROPERTY ABBTECH or client owned business material, supplies and equipment are for the express use of business related activities. Personal use of ABBTECH or client property is prohibited. While employees may bring personal items to work, ABBTECH will not be responsible, nor will it reimburse employees, for lost or stolen items. ABBTECH reserves the right to inspect desks and other areas, including private property, such as handbags and briefcases brought onto ABBTECH’s or its client’s premises. 3.10 CONFLICT OF INTEREST Any activity, practice or act which conflicts with the interests of ABBTECH is prohibited, and should be reported to your ABBTECH representative. 3.11 CODE OF BUSINESS ETHICS AND CONDUCT POLICY Reference: Code of Business Ethics and Conduct Policy (G0032) ABBTECH’s Written Code of Business Ethics and Conduct covers a wide range of business practices and procedures. While it does not address each and every business ethics issue that may arise, it sets out basic principles to guide all employees (staff and field), officers, agents, representatives, subcontractors and corp-to-corp’s (collectively referred to as ABBTECH representatives throughout this policy) of ABBTECH regarding business ethics and conduct requirements. All ABBTECH representatives must conduct themselves accordingly and seek to avoid even the appearance of improper behavior. ABBTECH representatives are required to know and follow all policies that are applicable to their work. 21 | P a g e ABBTECH Field Employee Manual If you need help, you can contact ABBTECH’s Vice President of Operations and Business Ethics and Conduct Specialist. In a case where it may not be appropriate to discuss an issue with your supervisor, ABBTECH representative or local management, call 703-450-5252 x211 which will put you in direct contact with the Threase A. Baker, Vice President, Operations and Business Ethics Specialist at ABBTECH headquarters. If you prefer to write, address your concerns to: ABBTECH Staffing Services, Inc. Dulles Int'l Airport PO Box 20098 Washington, DC 20041 ATTN: Threase A. Baker Vice President, Operations You may report violations of ABBTECH’s Business Ethics and Conduct Policy in confidence and without fear of retaliation; however, making a knowingly false complaint may result in disciplinary action, up to and including termination of employment. If your situation requires that your identity be kept secret, your anonymity will be protected to the greatest extent possible, given ABBTECH’s need to investigate the matter. You may call the confidential ABBTECH “We are Listening Line” at 703-4505252 x212; you are not required to identify yourself on such calls. As provided above, ABBTECH does not permit retaliation of any kind against ABBTECH representatives for good faith reports of suspected violations. 4. SECTION FOUR WAGE AND SALARY POLICIES 4.1 EMPLOYEE CLASSIFICATIONS The Fair Labor Standards Act (FLSA) provides minimum wage, overtime pay, record keeping, and child labor standards. There are two classifications of employees concerning the FLSA. FLSA Exempt: Employees who are subject to only certain state and federal wage and hour laws. Determination of FLSA status is based on the level of responsibility of the job. Exempt employees do not receive overtime pay. FLSA Non-Exempt: Employees who are subject to all provisions of state and federal wage and hour laws. For example, non-exempt employees are eligible for, and will receive, overtime pay when working more than 40 hours during a given work week. ABBTECH will also comply with all aspects of applicable state and local law regarding the payment of overtime and exempt/non-exempt classifications. 4.2 TIMEKEEPING Reference: Time Reporting Policy and Procedure (AC0003) All employees are required to accurately record time worked on a weekly basis in accordance with the procedures set forth below. Time worked is the time actually spent on a job(s) performing assigned duties. Actual working hours are set by the client. 22 | P a g e ABBTECH Field Employee Manual Your time sheets are the only way the Payroll Department knows how many hours you worked and how much to pay you. You are responsible for you time sheets. Remember to record your time promptly and accurately. Authorized personnel will review time records each week. Any change to your approved time record must be approved by your client representative. Questions regarding the timekeeping system or timesheets should be directed to the ABBTECH Payroll Department. • • • • Timesheets are due into the ABBTECH office no later than 10am Monday on the week following your timesheet-ending week (unless instructed otherwise due to a holiday). You are required to have your timesheet correctly and completely filled out including signature by the client and yourself. Under no circumstances are you to sign for the client. By signing your timesheet, you are verifying that the reported hours are complete and accurate. You may not change the hours on the timesheets after the client has reviewed and signed the timesheet without written authorization from the client. When necessary and/or appropriate, you may be required to submit both the client timesheet and the ABBTECH timesheet. Failure to submit your timesheet on time, and/or failure to comply with the above guidelines may result in a delay in processing your paycheck. Altering, falsifying, tampering with timesheets, or recording time on another team member’s timesheet, or allowing others to record time on your timesheet may constitute fraud, forgery or embezzlement, and will result in disciplinary action up to and including termination of employment. We make every effort to avoid errors in your paycheck. If you believe we have made an error, call the ABBTECH Payroll Department immediately. They will take the necessary steps to research the problem and to assure that any necessary correction is made properly and promptly. Exempt employees who believe that ABBTECH has taken an improper deduction from their pay should also follow the procedures set out in ABBTECH’s Policy on Improper Deductions from Pay. No employee may be asked, nor may an employee perform, “off-the-clock” or “donated” work without pay. Employees are required to report all time worked. Violations of this policy should be reported to the Human Resources Department. Failure to comply with this policy may result in disciplinary action, up to and including termination of employment. 4.3 OVERTIME Non-exempt employees are entitled to receive overtime pay for all hours worked over 40 hours in a workweek, and/or as may otherwise be required by applicable state and local law. No overtime shall be worked without the prior approval of your client representative. Employees will be paid overtime at the rate of one and one-half times the employee’s regular hourly rate, unless otherwise required by applicable state or local law. 4.4 PAY CYCLE Calendar Pay Period / Weekly Payday is every Friday, unless Friday is a holiday in which case paychecks will be distributed on the preceding workday. Some holidays or closings may cause additional shifts to the pay schedule. ABBTECH is on a one-week arrears pay cycle. 23 | P a g e ABBTECH Field Employee Manual 4.5 PAYCHECK DISTRIBUTION For the convenience of employees, paychecks will be directly deposited to the checking or savings account you specify. If you do not authorize direct deposit, we will mail paychecks to you at the address on record in the Payroll Department. Paychecks will not, under any circumstances, be given to any person other than the employee without written authorization from the employee. ABBTECH has an Employee Self-Service Web Site provided to us with our payroll services. This web site allows you to review your pay stub in addition to other pay-related information. Please contact the Payroll Department if you have any issues or questions. Reference: iPay Online Instructions 4.6 REPORTING TIME PAY – INCLEMENT WEATHER & “ACTS OF GOD” Unfortunately, non-exempt employees will not be paid when work is not available due to circumstances not within ABBTECH’s control, unless otherwise required by state or local law; the following are examples of such circumstances: • • • 4.7 Operations cannot commence or continue due to threats to employees or property or when recommended by civil authorities. Public utilities fail to supply electricity, water, or gas, or there is a failure in the public utilities or sewer system. The interruption of work is caused by an “Act of God” (inclement weather, fire, flood, earthquake, avalanche, etc.) or another cause not within ABBTECH’s control. TERMINATION & SEVERANCE PAY ABBTECH does not pay severance pay. When you leave ABBTECH, you will only be paid for actual time worked based on signed and approved client time sheets. 4.8 MANDATORY DEDUCTIONS FROM PAYCHECK ABBTECH is required by law to make certain deductions from your paycheck each time one is prepared. Among these are the following deductions: federal, state, and local income taxes and your contribution to Social Security/OASDI (Old Age Security and Disability Insurance) and Medicare withholding. ABBTECH will itemize these deductions on your check stub. The amount of the deductions may depend on your earnings and on the information you furnish on your W4 form regarding the number of dependents and/or exemptions you claim. Any change in name, address, telephone number, marital status or number of exemptions must be reported to HR and Payroll Departments immediately, to ensure proper credit for tax purposes. 4.9 WAGE ASSIGNMENTS (GARNISHMENTS) We hope you will manage your financial affairs so that we will not be obligated to execute any court-ordered wage assignment or garnishment against your wages. However, whenever court- 24 | P a g e ABBTECH Field Employee Manual ordered deductions are to be taken from you paycheck, we will notify you. We are required by law to comply with any such wage assignment/garnishment. Multiple garnishments may subject an employee to disciplinary action, up to and including termination of employment. 4.10 POLICY ON IMPROPER DEDUCTIONS It is ABBTECH’s policy to pay its exempt employees under the Fair Labor Standards Act (FLSA) on a “salary basis,” such that exempt employees will regularly receive each pay period a predetermined amount that is not subject to variation due to the qualify or quantify of the work performed. The purpose of this policy is to provide exempt employees with a general understanding of what it means to be paid on a salary basis and to communicate the mechanism by which exempt employees may raise any questions regarding any deductions from the employee’s salary. Deductions from Pay: While generally exempt employees will receive a predetermined amount each pay period, the FLSA permits reductions from that salary in certain circumstances: • When an exempt employee performs no work for an entire workweek. • When an exempt employee is absent for one or more full days for personal reasons. • When an exempt employee is absent for one or more full days because of sickness or disability. • To offset amounts received by the employee as payment for jury fees, witness fees, or military pay. • For violations of safety rules of major significance. • For suspensions without pay for one or more full days for disciplinary violations involving workplace conduct rules. • During the exempt employee’s initial or final week of employment, provided the employee works less than a full week. Complaint Procedure: As noted, ABBTECH is committed to observing the salary basis requirements of the FLSA. However, in the event an exempt employee believes his or her salary has been improperly reduced, the employee should follow this procedure to ensure any such reduction was not unlawful. • Notification Procedure. Any exempt employee who believes that ABBTECH has made an improper deduction from his or her salary should immediately (or as soon as possible) notify the Human Resources Department in writing of the date of the payroll in which the reduction occurred, the amount of the reduction, and the reason given on the pay stub (if any) for the reduction. 25 | P a g e ABBTECH Field Employee Manual • Investigation of Complaint. Human Resources will investigate all complaints and will make a determination as to whether the deduction from salary was lawful. The result will be communicated to the employee in writing. If Human Resources determines that ABBTECH has made an improper pay deduction, ABBTECH will reimburse the employee the amount of the improper deduction and will take steps to ensure that such improper deduction does not occur again in the future. If Human Resources determines that ABBTECH’s reduction of salary was lawful, the employee may appeal that decision to the President who shall review the matter and make a final decision as to whether the deduction was permissible under the FLSA. • Non-Retaliation. No employee will be retaliated against for making a complaint or assisting with the investigation of a complaint. A knowingly false complaint, however, may result in disciplinary action, including possibly termination of employment. ABBTECH is strongly committed to avoiding improper pay deductions. All complaints will be taken seriously. If you have questions, please call Human Resources. 5. SECTION FIVE BENEFITS AND SERVICES Employees shall be eligible to receive such employee benefits as ABBTECH may from time to time provide to similar employees, which benefits may be modified, amended or discontinued, in whole or in part, at any time by ABBTECH in its sole discretion. A summary of the benefits currently provided by ABBTECH are set forth below. Please review the benefit plan documents for more detailed information. In the event of conflict in language or interpretation between official plan documents and the summaries in this Employee Manual, the terms of the official plan documents will govern. 5.1 GROUP INSURANCE ABBTECH is interested in the health and well being of both you and your family. A comprehensive health and life insurance program is available for you and your family. We provide group insurance underwritten by a national insurance carrier. ABBTECH has negotiated a reduced cost to you for these group benefits. All benefits are 100% employee funded. You are eligible to enroll in your choice of health insurance benefits from the first day of work. You have 30 days from the first day of work in which to enroll. If you enroll at any time during your first 30 days of employment, coverage will be retroactively applied back to your first day of employment. You will be responsible for payment of health insurance premiums from the first day of work. If you elect coverage ABBTECH will deduct this amount from your paycheck. Any employee that fails to enroll in health insurance within the first 30 days of work waives their right to coverage until the company’s next open enrollment period unless you experience a qualifying event. A qualifying event is generally defined as any event that changes the employee’s benefit status. Such changes include but are not limited to: marriage, divorce, birth of a child, death of spouse or dependent as well as loss of coverage. If you decline enrollment for yourself or your dependents, including your spouse, because of other health insurance coverage, you may in the future be able to enroll yourself or your dependents in ABBTECH’s plan, provided that you request enrollment within thirty (30) days of the event that causes you to seek new coverage. Additionally, if you have a new dependent as a result of marriage, birth, adoption or placement for adoption, you may be able to enroll yourself and your dependent(s), provided that you request enrollment within thirty (30) days after the marriage, birth, 26 | P a g e ABBTECH Field Employee Manual adoption or placement for adoption. contact Human Resources. To request special enrollment or obtain more information, Loss of coverage due to termination of employment is covered in the section regarding COBRA. Open enrollment information and dates are listed on the Benefits area of the Employee Portal on the Company website: http://www.abbtech.com. 5.2 COBRA BENEFITS Reference: Your Healthcare Continuation Coverage under COBRA The Federal Consolidated Budget Reconciliation Act (COBRA) and, where applicable, state law gives you and your qualified beneficiaries the opportunity to continue health insurance coverage under the ABBTECH health plan when a “qualifying event” would normally result in the loss of coverage. Some common qualifying events are resignation, termination of employment, or death of an employee, divorce or legal separation and a dependent child no longer meeting eligibility requirements. ABBTECH provides each eligible employee with a written notice describing rights granted under COBRA and, where applicable, state law at time of hire. The notice contains important information about your rights and obligations. 5.3 401(K) Reference: Introduction to the 401(k) Plan The 401(K) plan offers ABBTECH employees a unique opportunity for savings, financial growth and favorable tax treatment. Eligibility occurs after 12 months of continuous employment. Currently ABBTECH does not offer a matching program. 5.4 FAMILY MEDICAL LEAVE ACT (FMLA) Reference: G0025 - Family Medical Leave Act ABBTECH will grant up to 12 weeks of family and/or medical leave during any 12-month period to eligible employees in accordance with the federal Family and Medical Leave Act (“FMLA”). ABBTECH will also grant up to 26 weeks of leave during a single 12-month period to eligible employees who are the spouse, child, parent or next of kin of a covered service member to care for a covered service member with a serious injury or illness under the FMLA. FMLA leave is unpaid, except that employees will be required to use accrued paid leave, short term disability benefits, and long term disability benefits (if available/applicable and approved in accordance with the benefit requirements) in conjunction with their leave. Employees are limited to a combined total of 26 workweeks of leave for any FMLA-qualifying reason during a single 12-month period. In addition to the federal FMLA leave discussed above, ABBTECH will comply with all aspects of applicable state family and medical leave laws. 27 | P a g e ABBTECH Field Employee Manual Qualifying FMLA Events Include: Birth of a child, and in order to care for that child (must be taken within 12 months of the birth); Placement of a child for adoption or foster care (must be taken within 12 months of the placement); The care of a spouse, child or parent with a serious health condition; The serious health condition of the employee that makes the employee unable to perform the essential functions of the employee’s job; Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter or parent is a covered military member on active duty; The care of a covered service member with a serious injury or illness if the employee is the spouse, son, daughter, parent, or next of kin, of the service member. Definition of Terms: A “child” is defined as a biological or adopted child, a stepchild, or a legal ward, who is either under the age of 18 or over age 18 and unable to care for him or herself because of mental or physical disability. For purposes of care of a covered service member or leave due to a qualifying exigency, the definition of child is the same as above except the child may be of any age. A “parent” is the biological parent of an employee or an individual who stood in loco parentis to an employee when the employee was a son or daughter. This includes an individual who assumed “day-to-day” responsibility for a child. Parent does not include in-laws. A “spouse” is a husband or wife as defined or recognized under state law for purposes of marriage, including common law marriage in states where it is recognized. A “serious health condition” is defined as an illness, injury, or impairment or physical or mental condition that renders the employee incapable of performing the essential functions of the job and involves: Any period of incapacity or treatment in connection with or consequent to inpatient care in a hospital, residential medical care facility, or hospice; An absence for more than three calendar days requiring continuing treatment by a health care provider; Any period of incapacity due to pregnancy or for prenatal care; A period of incapacity or treatment due to a chronic serious health condition which continues over an extended period of time and requires periodic visits to a health care provider; Any periods of incapacity due to a permanent or long-term condition for which treatment is not effective or any absence to receive multiple treatments by a health care provider for restorative surgery or a condition that would likely result in more than three days absence if not treated. A “serious injury or illness” means an injury or illness incurred by a covered service member in the line of duty on active duty that may render the service member medically unfit to perform the duties of his or her office, grade, rank, or rating. A “qualifying exigency” is any one of the following: (1) short-notice deployment; (2) military events and related activities; (3) certain childcare and school activities; (4) financial and legal 28 | P a g e ABBTECH Field Employee Manual arrangements; (5) counseling; (6) rest and recuperation; (7) post-deployment military activities; and (8) additional activities to address other events which arise out of the covered military member’s active duty or call to active duty status, provided the employer and employee agree that such leave shall qualify as an exigency, and agree to both the timing and duration of such leave. A “next of kin” of a covered service member means the nearest blood relative other than the covered service member’s spouse, parent, son, or daughter. A “covered military member” for the purpose of leave related to a qualifying exigency is any active duty member of the Armed Forces during deployment of the member with the Armed Forces in a foreign country or a member of the National Guard and Reserves on active duty or call to active duty status. A “covered servicemember” is: A member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness. A veteran of the Armed Forces (including the National Guard or Reserves) who is undergoing medical treatment, recuperation or therapy for a serious injury or illness that occurred at any time during the five years preceding the date of treatment, recuperation or therapy. To be an FMLA “eligible employee,” the following conditions must be satisfied: The employee must have worked for ABBTECH for at least 12 months (these months need not be consecutive). The employee must have worked at least 1,250 hours during the 12 consecutive months preceding the start of the employee’s requested leave. The employee must work at an eligible work-site. An employee works at an “eligible work-site” if at least 50 employees, including part-time employees, work within 75 miles of that worksite. Procedures/Guidelines: Twelve Month Period. The 12-month period (during which up to 12 weeks of leave is available (and additional periods required by applicable law depending on work location)) is a rolling 12-month period measured backward from the date the FMLA leave is taken. The single 12-month period during which up to 26 weeks of covered service member leave is available is measured forward from the date the leave is first taken. Total Leave Amount. Employees who are eligible to take leave to care for a covered service member and other leave under the FMLA are only entitled to a combined total of 26 weeks of leave in the single 12-month period. Use of Paid Leave. ABBTECH requires employees to use all accrued paid leave, such as vacation and sick leave (if available/applicable), to run concurrently with FMLA leave. In the event the employee’s own illness or injury is covered by disability benefits or workers compensation, the employee will not be permitted to use any accrued paid leave in a manner that would result in double compensation. Employees must use accrued paid leave when eligible for short-term disability and may only use it for the first seven calendar days of their total disability. 29 | P a g e ABBTECH Field Employee Manual Employee and Spouse Employed by the Company. In situations where both the employee and the employee’s spouse are employed by ABBTECH, a total of 12 weeks of leave between both parties will be granted for birth, adoption, foster care placement or care for a parent with a serious health condition. In situations where both the employee and the employee’s spouse are employed by ABBTECH, a total of 26 weeks of leave between both parties will be granted to care for a covered service member with a serious injury or illness. If the leave is requested because of the serious health condition of a child or of the other spouse or because of a qualifying exigency, each spouse is entitled to 12 weeks of leave. To utilize FMLA leave, employees must follow specific guidelines as provided by the Human Resources Department, some of which are described below. Requests for Leave. In the event of a foreseeable leave of absence, the employee must apply 30 days prior to the date on which the employee wants to commence his/her leave. If 30 days notice is not possible, notice must be given as soon as practicable under the facts and circumstances. When an employee becomes aware of the need for leave, it should ordinarily be practicable for the employee to provide notice of the need for leave either the same day or the next business day. In the case of unforeseeable leave, the employee must provide notice as soon as practicable and, absent unusual circumstances, within the time period prescribed by the Company’s usual and customary procedures for requesting leave. If the employee does not comply with these requirements, FMLA-leave may be delayed or denied. Certification. If the leave of absence is to the care for a parent, spouse or child with a serious health condition or to care for a covered service member or because of the employee’s own serious health condition, the employee will be required to provide a certification from the health care provider, which is available from Human Resources. If the leave of absence is because of a qualifying exigency arising out of the active duty status of a covered military member, the employee will be required to provide a certification which includes a copy of the military member’s active duty orders or other similar documentation. The required certification for qualifying exigency leave should also set forth the reason for the leave and the amount and frequency of leave needed. This form is also available from Human Resources. Employees may also be asked to furnish periodic reports on the status of a continued serious health condition. If ABBTECH has reason to doubt the validity of the certification, it may, at its own expense, require the employee to receive a second opinion from a health care provider designated and approved by ABBTECH. If this opinion conflicts with the first opinion, ABBTECH, again at its own expense, may request a third opinion from a health care provider mutually agreed upon by both ABBTECH and the employee. The third opinion will be binding on both parties. ABBTECH also reserves the right to require an employee to provide documentation of the birth of a child, the placement of a child for adoption or foster care, or the placement of a child with the employee for whom the employee permanently assumes and discharges parental responsibilities. Leave taken after the birth or placement of a child for adoption or foster care may be taken intermittently or on a reduced leave schedule only upon approval by Human Resources. Continuation of Benefits. ABBTECH will continue to provide the employee with coverage under the Company’s group health plan(s) under the same conditions as if the employee had continued to work. The employee will also be eligible for and subject to any new health plans or changes to the existing health plans that take effect while the employee is out on FMLA leave. While the employee is on FMLA leave, it is the employee’s responsibility to continue making premium payments in order to 30 | P a g e ABBTECH Field Employee Manual maintain insurance coverage(s). This may be done either through payroll deductions if there is income or by personal check or money order, if ABBTECH is unable to payroll deduct the employee’s portion of insurance premiums. At ABBTECH’s discretion, the Company may pay the employee’s share of the premiums during FMLA leave and recover premiums upon the employee’s return to work. In this case, when the employee returns to work, ABBTECH will recover the costs incurred for paying the employee’s share of such insurance premiums by doubling the current insurance deduction until the balance due is paid back. The employee’s regular health benefits will end when the employee indicates that the employee will not be returning to work, or when the 12 or 26 weeks of job protected FMLA leave (and additional periods required by applicable law) has been completed. However, the employee may elect to choose medical continuation coverage (COBRA) under the group plan at the employee’s own expense. If an employee does not return to work after the period of FMLA leave ends, for reasons other than the continuation of a serious health condition of the employee or the employee’s family member or covered servicemember or other circumstances beyond the employee’s control, the employee will be required to reimburse ABBTECH for the full cost of the employee’s medical premiums during the leave period. If the employee returns to work, but for a period of less than 30 days and requires another leave of absence for reasons other than a continued serious health condition of the employee or the employee’s family member or covered servicemember or for circumstances beyond the employee’s control, ABBTECH will require the employee to reimburse the Company for the full cost of the employee’s medical premiums during the FMLA leave period. Employees are not eligible to accrue paid leave benefits while out on a leave of absence under the FMLA policy except during any portion of the FMLA leave for which accrued paid leave is used. Employee Status After FMLA Leave. Upon returning from leave under this policy, the employee will generally be entitled to be restored to the same position the employee held when the leave started, or to an equivalent position with equivalent benefits, pay and other terms and conditions of employment. In certain circumstances, ABBTECH may not be able to restore a “key employee” (those employees who are among the highest paid 10% in the Company), to his/her prior position because of serious and grievous economic injury to the operation of the Company and the injury is not related to the employee’s FMLA leave. Certification of Fitness for Duty. Prior to returning from a leave due to the employee’s own serious health condition, the employee must obtain a fitness for duty certification from his/her physician. This certification must be given to Human Resources on the day the employee returns to work. Employment During FMLA Prohibited. Employees on FMLA leave may not be employed by or perform significant services for any other entity. Failure to adhere to this requirement will result in appropriate disciplinary action, up to and including termination of employment. Employees should provide the maximum notice possible of intent to utilize FMLA leave. Contact Human Resources to obtain the appropriate forms and specific details on the FMLA and state family and medical leave. 5.5 EMPLOYEE LEAVE 31 | P a g e ABBTECH Field Employee Manual ABBTECH grants its employees leave based on which contract or client you are assigned to and the state in which you are working. Following are the basic guidelines for employee leave. These guidelines may differ or change depending upon which contract and client you are assigned and the state in which you work. In the event of a conflict between what is stated in this Employee Manual and what is provided in the client contract under which you are working, the client contract will govern. ABBTECH will comply with all applicable federal, state, and local leave laws. Vacation Generally, employees will receive one (1) week paid vacation after completion of 2,080 hours of continuous employment unless otherwise provided under your employment agreement or applicable state law. Vacation leave cannot be taken before it is earned. Use of paid vacation must be approved in advance by your ABBTECH representative and ABBTECH’s client. Upon reaching 2,080 hours, vacation earned must be used within 6 months or an auto payout of remaining vacation will occur, unless otherwise required by law. Upon termination, unused earned vacation will be paid in a lump sum in your final paycheck, unless sooner required under applicable state or local law. The ABBTECH Payroll Department maintains a record of vacation days earned and used. Vacation hours are earned based upon hours worked. You are responsible for verifying your paystub to make sure the correct amount of hours worked appears. Sick Leave ABBTECH does not provide paid sick leave unless specifically provided under your employment agreement or otherwise required by law. In the event your employment agreement provides for paid sick leave, unused sick leave will not carry over from one year to the next, and will not be paid out at termination, unless otherwise required by law. ABBTECH will comply with all applicable state and local laws regarding paid sick leave. 5.6 HOLIDAYS All employees are eligible for the following paid holidays after completing 320 hours of continuous employment, unless specifically stated differently in your employment agreement. In the event of a conflict between what is stated in this Employee Manual and what is provided in the client contract under which you are working, the client contract will govern. Eligible paid holidays are as follows: New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day The holidays will be observed on the day designated by common business practice. If the client for whom you are working observes the holiday on a different day, you will observe the holiday on the day designated by the client. If the client does not close for the holiday, you will be expected to report to work. 32 | P a g e ABBTECH Field Employee Manual In order to qualify for holiday pay, you must work at a client site where the holiday is being observed and must be actively employed by ABBTECH on the scheduled workday immediately before and after the holiday unless approved by ABBTECH in advance. You are not eligible to receive holiday pay when you are on an unpaid leave of absence, unless required by federal, state, or local law. 5.7 WORKER’S COMPENSATION Reference: Workers’ Compensation Insurance Workers’ Compensation is a program that protects employees from loss of pay due to work-related illnesses or injuries. Although Workers’ Compensation laws vary by state, all states’ regulations provide compensation, medical and rehabilitative benefits if employees become ill or injured as a result of their job. All accidents and injuries that occur on the job, no matter how slight, must be reported immediately to your ABBTECH representative and/or ABBTECH Human Resources to ensure Workers’ Compensation benefits are covered. Notification is required by law and is necessary to ensure that employees’ rights are protected. Employees who are injured or become ill while on the job may be required to obtain a medical release before returning to work. 5.8 UNEMPLOYMENT COMPENSATION ABBTECH pays a percentage of its payroll to the Unemployment Compensation Fund according to ABBTECH’s employment history. If you become unemployed you may become eligible for unemployment compensation, under certain conditions, for a limited time. Unemployment compensation provides temporary income for workers who have lost their jobs. Eligibility requirements vary by state, at a minimum you must have earned a certain amount, and be willing and able to work. When your assignment with an ABBTECH client ends, failure to request another assignment may impact your eligibility for unemployment benefits, although ABBTECH does not guarantee another assignment. You should apply for benefits through your local State Unemployment Office as soon as possible. ABBTECH reserves the right to contest unemployment benefits depending on the reason for the employee’s termination. 5.9 JURY DUTY / VICTIMS OF CRIME LEAVE It is your civic duty as a citizen to report for jury duty whenever called. Employees will be granted time off to serve on a jury. Employees will not be paid for jury duty leave unless otherwise required by applicable law. A copy of the jury duty summons must be provided to your ABBTECH representative prior to taking leave for jury duty, and proof of attendance is required upon return to work. In accordance with applicable law, ABBTECH will grant employees who are victims of crimes unpaid leave to be present at all criminal proceedings relating to the crime against the employee, unless such leave will cause an undue hardship on ABBTECH’s business. Employees requesting leave for a court appearance must notify their ABBTECH representative in advance of taking such leave and must provide the ABBTECH representative with documentation concerning the court proceeding, unless advance notice is not feasible. If advance notice is not feasible, the employee must provide the employee’s ABBTECH representative with documentation concerning the court proceeding within a reasonable time after leave has been taken. 33 | P a g e ABBTECH Field Employee Manual 5.10 MILITARY LEAVE Reference: USERRA Poster You will be granted time off for military service in compliance with the requirements of the Uniformed Services Employment and Reemployment rights Act (USERRA) and, where applicable, state/local law. To initiate a request for military leave, you are expected to notify your ABBTECH representative as soon as possible when you are aware of the dates you will be on duty so that arrangements can be made for your absence. You may elect to apply any earned vacation time to the leave; however, you are not obliged to do so. If you have any questions about a military leave of absence and/or your reemployment rights, please contact the Human Resources Department. 34 | P a g e ABBTECH Field Employee Manual 6. SECTION SIX MISCELLANEOUS 6.1 LOCATION OF POLICIES AND PROCEDURES, REFERENCE MATERIALS, AND FORMS All ABBTECH employee related information may be found online at our website: http://www.abbtech.com. Log in to the Employees Portal and click on Helpful Links/Resources. All related policies and procedures can be downloaded as PDF. ABBTECH employees without log in credentials may call and request them during ABBTECH business hours. At any time during your employment you are welcome to contact the ABBTECH Human Resources Department and request that a copy of the Employee Manual be mailed to you. 6.2 ABBTECH CONTACT LIST Office: Corporate Headquarters Maryland Office Virginia Beach Office Address: 45625 Willow Pond Plaza Sterling, VA 20164 Phone: Toll Free: Fax: Email: (703) 450 - 5252 (877) 936 - 7569 (703) 406 - 9261 [email protected] 8201 Corporate Drive Suite LL-10 Landover, MD 20785 (301) 772 - 3370 (888) 357 - 4965 (301) 772 - 3371 [email protected] 291 Independence Blvd Pembroke 4, Suite 214 Virginia Beach, VA 23462 (757) 965-7474 (877) 343-7479 (757) 228-7308 [email protected] Human Resources 45625 Willow Pond Plaza Sterling, VA 20164 (703) 450 - 5252 (877) 936 - 7569 223 (703) 707 - 8817 (888) 442 – 9644 New Hire Paperwork Only [email protected] HR Manager: Carol Bohls Payroll Department 45625 Willow Pond Plaza Sterling, VA 20164 (703) 450 - 5252 (877) 936 - 7569 226 (703) 430 - 9212 (703) 738 – 7445 Office: Phone: Toll Free: Extension: Fax: Security Office 45625 Willow Pond Plaza Sterling, VA 20164 (703) 450 - 5252 (877) 936 - 7569 234 (703) 707 - 8191 EFax: N/A Email: [email protected] Facility Security Officer: Teri Diehl Address: Contact: 35 | P a g e ABBTECH Field Employee Manual Timesheets Only [email protected] Payroll Manager: Kristie Scott
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