Employment Manual
EffectiveNovember 7, 2014
The Provincial Office
Franciscan Friars-Holy Name Province
THE WRITING, PUBLISHING, POSTING, AND/OR DISTRIBUTING OF THIS DOCUMENT DOES NOT IMPLY NOR INTEND TO PROMISE OR CONTRACT EMPLOYMENT NOR TO CONFIRM A CONTRACT OF EMPLOYMENT--PAST, PRESENT OR FUTURE. The Provincial Office of HOLY NAME PROVINCE IS AN AT-WILL EMPLOYER.
TABLE OF CONTENTS
Introduction
Equal Employment Opportunity
Applicants for Employment
Applications
Reference Checks
Employee Status
Newly Hired Employees
Forms
Performance Reviews
Work Place Policies
Workweek
Lateness
Dress Code
No Smoking Guidelines
Substance Abuse
Personal Visits
Telephone Calls
Postage and Shipping
Equipment, Furniture, and Tools
Software
Access Codes
IM, E-Mail and Voice Mail
Business Credit Cards
Attendance
Lunch Period
Religious and Personal Observances
Personnel Files
Personnel Development Forms
Business Travel & Reimbursement
Harassment
Workplace Violence
Wages
Pay Periods
Time Cards
Payroll Deductions
Wages
Overtime
Compensatory Time
Paid Time Off
Holidays
Scheduled Early Closings
Unplanned Office Closings Due to City-Wide Emergency or Weather Advisories
Paid Days Off
Unpaid Time Off
Personal Leave of Absences
Medical and Family Leave
Jury Duty
Administrative and Emergency Closings
Benefits
Health Insurance
Lunch
Medical Benefit Buyout Program
Life and Accidental Death and Dismemberment Insurance
Long Term Disability
Profit Sharing Plan
401K Employee Investment Plan
Educational Reimbursement
TransitCheck
Termination of Employment
Resignation
At Will Dismissal
Dismissal by Remedial Warning Process
Staff Reduction or Reorganization
Grievance Procedure
Review and Amendments
APPENDIX I
New York State Disability
APPENDIX II
Holy Name Province United Health Care PPO: Lay Employee Summary Health Plan Description
Introduction
This Employment Manual (sometimes referred to as this “Manual”) will serve as a reference for current employees and a training tool for new employees. The Provincial Officeof Holy Name Province (referred to herein as the Provincial Office) expects all employees to become familiar with all policies, procedures and guidelinesset forth in this Manual and to use them in the efficient performance of duties.
This Manual is not intended to and does not create a contract between the Provincial Office and its employees, and the terms, provisions and guidelines set forth in this Manual are not covenants of the Provincial Office. Certain information set forth in this Manual regarding federal or State law or programs or Provincial Office programs (including but not limited to State disability insurance, health insurance, IRS rules, etc.) is believed to be accurate as of the date hereof but may be inaccurate and may hereafter become outdated or otherwise superseded, and at any given time the details of such laws or programs existing at any given time shall prevail over any information set forth in this Manual. In no event shall the Provincial Office have any liability for any inaccuracy of information set forth in this Manual.
All employees of the Provincial Office are employees-at-will. Just as an employee is free to terminate the relationship at any time for any reason, The Provincial Office may likewise end the relationship at any time, with or without cause.
No representative of the Provincial Office, other than an officer of the Provincial Office, has the authority to enter into an employment contract altering an employee’s at-will status, and any such employment contract must be in writing.
Employees of other units (offices, friary’s, ministry sites, and associated institutions and corporations, etc.) of the Province of the Most Holy Name are bound by their respective employee manuals and local state law. Employees of other units who may have benefits packages and services administered by the Provincial Office are not employees of the Provincial Office.
If you have any questions on any policy, please contact your supervisor. This Manual will be under continual review and updated regularly to keep it current with our needs, new legislation, and to ensure that it is a useful tool for employees.
For the efficient and smooth operation of the Provincial Office, management reserves the right to determine work hours and compensation, and to manage the business and to direct the work force.
Equal Employment Opportunity
We make every effort to employ the best matched people available and place them in a position that best utilizes their maximum abilities. It is expected that all employees will cooperate to fulfill this commitment to the objective of equal opportunity for all.
The Provincial Office is an Equal Opportunity Employer. Therefore, our policy is to employ, retain, promote layoff, eliminate positions, or terminate and otherwise treat all employees on the basis of behavior, competency, qualification, overall work performance and external economic factors and conditions. Employment decisions are made without regard to race, country of origin, religious creed, sex, sexual preference, marital status, age, physical or mental disability, medical condition, unrelated to ability to perform the duties of the position.
The Americans with Disabilities Act (ADA) makes it illegal to discriminate against people with disabilities. The Provincial Office will judge the disabled by their job qualifications when recruiting, hiring, promoting, assigning jobs or otherwise managing. We will attempt to reasonably accommodate a known disability of an otherwise qualified individual up to the standard of undue hardship or such other standard as required by applicable laws.
The Provincial Office understands that employees with life threatening illnesses including but not limited to cancer, heart disease and AIDS may wish to continue to engage in as many of their normal pursuits as their condition allows, including work. Employees must be able to meet acceptable performance/behavior standards and medical evidence must indicate that their conditions are not a threat to themselves or others.
An employee’s health condition is personal and confidential and reasonable precautions will be taken to protect information regarding an employee’s health condition. Please contact an officer of the Provincial Office if you believe that you or other employees need information about a terminal illness or a specific life-threatening illness or if you need further guidance in managing a situation that involves an employee with a life-threatening illness.
Applicants for Employment
Applications
All individuals who apply for employment are required to thoroughly complete applications before interviewing. The Provincial Office reserves the right to confirm the accuracy of all written and verbal pre-employment information no matter the source.
Reference Checks
All requests for employment or banking references whether the subject is an applicant or a current or former employee must be made in writing to the Treasurer and be signed by the subject. It is our intention to offer an honest exchange of job-related information with those who meet these requirements.
Employee Status
Part-time workers are those individuals whose jobs are structured to last only a limited period of time or who are expected to work less than 40 hours per pay period. For part-time employees, number of hours worked per day or during a pay period may vary with work required. Full-time workers are those individuals whose jobs are structured to last over an undetermined period of time. 40 hours per pay period is the normal number of hours worked by Full-time employees. Neither status implies an offer or contract of employment. Professed members of religious orders who are assigned to work in the Provincial Office are not employees of the Provincial Office.
[DT Question: Shouldn’t the numbers above that are “40” be “35” insofar as employees “work” 7 hours and day and are paid for 8 with the paid lunch hour?]
Newly Hired Employees
Forms
All newly hired employees must complete both the I-9 form and a W-4 form on or before the first day of employment.
Performance Reviews
Once a newly hired employee is deemed to be fully trained they will enter a regular cycle of performance evaluations.
Work Place Policies
Workweek
The Provincial Office normally operates Monday – Friday from 9:00am to 5:00pm. Full-time employees work during those hours.
Lateness
Attendance is a critical part of performance and employees who are frequently late lower their performance ratings and undermine their chances for wage increases and job security. Lateness disrupts schedules and places additional responsibilities on other employees in a department. Employees are expected to be in their work areas and ready to work at their designated times. Employees who are going to be unavoidably detained are expected to call and inform their supervisors.
Employees should be aware that continued lateness will result in discipline, up to and including discharge. Employees who demonstrate lateness problems may be counseled by their immediate supervisor. If problems persist, a written reprimand may be issued. Excessive lateness is defined as 5 or more instances of lateness in a calendar month and is subject to corrective discipline. Repeated instances of lateness in a calendar year will be considered grounds for termination. Employees may not use paid time off to make up for this lateness.
Dress Code
Since each employee’s mode of dress creates an image seen by other employees and visitors, employees are to dress in appropriate business casual attire.
No Smoking Guidelines
The Provincial Office provides a safe and healthy place to work and exercises responsible care in protecting the health care of each employee. For these reasons the premises are smoke free. It is not the intent of the policy that employees quit smoking. This policy applies to all employees, clients, contractors and visitors.
Substance Abuse
No employee whose behavior or performance is affected by depressants, stimulants, or other similar substances may work.
The manufacture, distribution, possession or use of alcohol or illegal substances on Provincial Office and/or property, or while conducting Office business, is absolutely prohibited.
Violations of this policy will result in disciplinary action including termination.
Personal Visits
Employees are not permitted to receive personal visits during working hours, except in emergencies or exceptional cases.
Telephone Calls
Telephone lines are to be kept open for the proper functioning of the Provincial Office. Friends or relatives should call and be called only in an emergency. Use of long distance telephone/fax services for personal use is forbidden except in cases of personal emergency. Personal calls should be made outside working hours. Abuse is grounds for immediate termination of employment.
Postage and Shipping
The use of office postage and shipping for personal use by employees is viewed as theft and is forbidden; and is grounds for immediate termination of employment.
Equipment, Furniture, and Tools
The use of all office equipment, tools, computers, software, books, furniture, etc. are to be used for Provincial Office business only. This includes software, on-line computer services, and the Internet. Only licensed authorized software may be installed on computers. The use of pirated software is illegal. The downloading or use of such software may lead to disciplinary action. The Provincial Office reserves the right to survey and monitor employee use of all of its equipment and tools and will do so at its own discretion. Software may not be used outside the Provincial Office without expressed written permission. Misuse of any equipment, tools, computers, or furniture may lead to disciplinary action or dismissal.
Software
The Policy of the Provincial Office is to manage its software assets to derive maximum benefit to the Provincial Office and its employees and, especially, to ensure that the Provincial Office and its employees:
- Acquire, reproduce, distribute, transmit, and use computer software in compliance with international treaty obligations and State and federal laws.
- Maintain only legal software on Provincial Office computers and computer networks.
Unless otherwise provided in the software license, duplication of copyrighted software, except for backup and archival purposes, is a violation of this Policy.
You may not knowingly use software for which the Provincial Office lacks the appropriate license.
You may not loan or give to anyone any software licensed to the Provincial Office.
The licenses for some of the Provincial Office’s software permit employees of the organization to make a copy of the software for home use. Under no circumstances, however, may an employee use the Provincial Office’s software for purposes other than the business of the Provincial Office.
No employee may use or distribute personally-owned software on the Provincial Office’s computers or networks. Such software threatens the integrity and security of the Provincial Office’s computers and networks.
A variety of software is available on the Internet. Some of this software, called "freeware" or "shareware," is available free of charge for limited use and may be downloaded to your computer with the prior written approval of your supervisor. Other software available on the Internet and from other electronic sources, however, requires the user to obtain a license for its use, sometimes for a fee. No employee shall download such software to his or her computer without first reviewing it with their supervisor.
Access Codes
All access codes for security and/or computer are the property of the Provincial Office. At anytime a supervisor can request or change a code.
IM, E-Mail and Voice Mail
All messages created, sent or received using instant messages (IM), e-mail or voice mail are the property of the Provincial Office. These systems are to be used for business communications only. Solicitations, personal messages, and offensive or disruptive communications are strictly forbidden. Sending harassing or discriminatory e-mail is strictly prohibited. Transmission of sensitive personnel and financial material should be reviewed by a supervisor prior to sending the material. The Provincial Office reserves the right to review, audit, intercept, access and disclose any business or personal messages created, sent or received on the e-mail or voice mail systems. Report any instances of electronic harassment or discrimination to a supervisor. Complaints will be investigated immediately.
Business Credit Cards
Those employees that are assigned business credit cards are to use them only for business related expenses that are related to the Provincial Office. They are not for personal use. Credit card bills are reviewed by the employee responsible for the credit card, expenses and credits explained, and then given to the friar supervisor to approve with his signature. The approved credit card invoice is then given to Accounts Payable to process. Business credit cards can be cancelled at the discretion of the supervisor or the Treasurer. Upon termination of employment all business credit cards are cancelled.
Attendance
New York State Law requires employers to keep up-to-date attendance records on all employees. For intended absences, the employee is to leave a message with the appropriate supervisor at least one day ahead. For unintended absences the employee is to leave a message at the office no later than 9:30 A.M. on the day of absence. Personal errands should be scheduled outside the normal work hours.
Lunch Period
Each full-time employee shall have a scheduled lunch period which is one hour long. Non-exempt employees must clock in and out for lunch. At times, consideration will need to be made to accommodate the necessary functions of the office. This time cannot be accumulated to provide for a prolonged time-off period, or late arrival or an early dismissal. Lunch may not be eaten at the desk. Full time employees who clock-in less than five (5) hours on any given day are not entitled to lunch hour.
Religious and Personal Observances
Personal choices to attend religious and personal services for whatever reason are to be scheduled outside the normal work hours.
Personnel Files
The Provincial Office maintains a Personnel File on each employee, which is the property of the Provincial Office and for its use only. No employee shall have the right to review their individual file except to the extent allowed by federal or New York State law or as otherwise allowed by the Provincial Office. It is the responsibility of each employee to report any changes in this personnel record to the appropriate supervisor. Such changes include, e.g.: Name, Address, Home Telephone Number, Marital Status, Tax Status, Dependents, and Emergency Contact Person.
Personnel Development Forms
Each employee completes a performance evaluation and discusses it with his or her supervisor. The evaluations are signed and maintained in the employee’s personnel file. This takes place prior to the close of the fiscal year.
Business Travel & Reimbursement
When an employee uses his or her automobile for supervisor approved business travel they will be reimbursed at the rate established by the IRS.