Horizons Employee Handbook

Table of Contents

September JuneMarch 13, 2017 April 2013

Section 1. General Policies Page

10.Definitions 2

11.Employment At-Will 3

12.New Hire Documents 4

13.Discrimination and Harassment Prohibitions 4

14.Change of Personnel Information 7

15.Use of Horizons’ Electronic Services 7

16.Consent to Search by Horizons10

17.Anti-Nepotism11

18.Performance Evaluations11

Section 2. Work Hours, Pay Policies and Benefits Page

20.Letter of Agreement and Job Description11 21. Time Sheets and Pay Schedule 12

22.Overtime and Non-Work Time13

23.Wage Deductions14

24.Health and Education Fund20

25.Fitness Fund2024.403(B) Annuity Plan 15

Section 3. Leaves of Absence Policies Page

30.Paid Holidays15

31.Paid Time Off (P.T.O.)16

32.Statutory Leaves of Absence18

33.Domestic Violence Leave19

34.Family and Medical Leave Absence21

35.Bereavement Leave25

36.Parental Involvement Leave26

Section 4. Insurance Benefits Policies Page

40.Health Insurance27

41.Workers’ Compensation Insurance28

42.Other Insurance/Pension Benefits29

43.Workplace Accommodation for Nursing Mothers29

Section 5. Work Rules Page

50.Unacceptable Conduct30

51.Absenteeism and Tardiness31

52.Conflicts of Interest31

53.Dress and Grooming32

54.Smoking32

55.Confidentiality and H.I.P.A.A.33

Section 6. Safety Policies Page

60.Workplace Safety33

61.Workplace Violence Prevention34

62.Alcohol and Drug-Free Workplace35

63.Use of Vehicles37

Code of Ethics40

Policy 10.

Definitions

Below are terms used in this Handbook that , which have a special meanings. Please refer to these definitions when interpreting the policies that follow. The definitions appear in alphabetical order.

1.Date of Hire. Date Employee was most recently hired by Horizons and began performing services for Horizons.

2.Employee. An individual employed by Horizons to provide services for Horizons in exchange for compensation, which individual is not an Independent Contractor. All Employees are classified either “Exempt” or “Non-exempt” and “Full-time” or “Part-time.”

3.Employer. The Employer is Horizons Specialized Services (“Horizons”), a private, not-for-profit, corporation. Horizons’ Central Administration is located at 405 Oak Street, Steamboat Springs. Office hours are Monday through Friday, 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m..

4.Exempt Employee. An “Exempt” Employee is not entitled to overtime pay. Exempt Employees are paid on a salary basis with a minimum guaranteed salary of at least $913455 per workweek set by, as applicable, the federal or state department of labor and their job duties qualify them as executives, administrators, professionals, computer professionals or outside salespersons, as these terms are defined by the Fair Labor Standards Act or Colorado state law, as applicable..

5.Full-time Employee. An Employee who is regularly scheduled to work 30 or morehours per workweek and has a Letter of Agreement signed by the Employee and Horizons reflecting this.

6.Full-Time Equivalent (F.T.E.). F.T.E. means full-time -equivalent and is a ratio equal to the number of hours an Employee is regularly scheduled to work in a workweek divided by 40 hours. The maximum F.T.E. is 1.0. For example, aAn Employee regularly scheduled to work 30 hours per week has an F.T.E. of 30/40 or .75. F.T.E. ratio is used in computing certain benefits for Full-time Employees.

7.Human Resource Department. The Human Resource Department is located in the Central Administration Office in Steamboat Springs. Its contact information is:

Mailing Address:P.O. Box 774867, Steamboat Springs, CO 80477

Physical Address:405 Oak Street, Steamboat Springs, CO 80477

Phone:970-879-4466

Fax:970-870-0334

8.Key- Employee Exception. A “key employee” is a salaried, FMLA-eligible employee who is among the highest paid 10 percent of all the employees employed by Horizons within 75 miles of the employee's worksite.A key Employee is a Full-time F.M.L.A.-eligible Employee who is among the highest paid 10 percent of all the Employees employed by the Horizons within 75 miles of the Employee’s worksite.

9.Non-exempt Employee. A “Non-exempt” Employee receives overtime pay at the rate of 1.5 times their regular rate of pay for actual hours worked in excess of 40 per workweek. Non-exempt Employees are paid only for hours actually worked, designated holidays or for paid leaves provided by Horizons. Only time actually worked is counted toward computing overtime. Leave time, whether paid or unpaid, does not count as hours actually worked when computing overtime.

10.Part-time Employee. A “Part-time” Employee is employed for an indefinite period of time to work a regular schedule of less than 30 hours per week, or to work on an as-needed, relief or fill-in basis. All Part-time Employees are paid on an hourly basis at a rate specified in their Letter of Agreement, unless otherwise designed by Horizons. Part-time Employees receive no benefits other than those required by law and those specifically designed by Horizons (see e.g., Holiday pay)..

11.Payday. Payday is the last day of the month, except when the last day of the month falls on a weekend or Horizons’ recognized holiday, then payday is the last business day before the weekend or Horizons’ recognized holiday.

12.Pay Period. The pay period is a one (1) month period beginning the 21st day of the month and ending the 20th day of the next month.

13.Program Director. Horizons has four program directors and an Executive Director. These directors are (in alphabetical order) the Adult Services Director, Director of Administration (also the Human Resource Director), Director of Service Coordination and Chief Financial Officer (“C.F.O.”).

14.Supervisor. The Supervising Employee to whom Employee reports and who is responsible for overseeing and evaluating Employee’s work performance.

15.Workweek. The workweek is a seven-day period starting on Monday morning at 12:01 a.m. and ending on Sunday evening at 12:00 a.m.. The workweek is significant for purposes of computing overtime hours for nNon-exempt Employees.

Policy 11.

Employment At-Will

1.This Employee Handbook has been designed as a reference to give Employees a summary of most policies and benefits of Horizons Specialized Services (“Employer” or “Horizons”). THIS HANDBOOK IS NOT INTENDED TO CREATE, AND SHALL NOT BE CONSTRUED TO CREATE, A CONTRACT BETWEEN EMPLOYEES AND HORIZONS, EITHER EXPRESS OR IMPLIED. THE HANDBOOK MAY BE CHANGED AT THE DISCRETION OF HORIZONS WITHOUT PRIOR NOTICE TO, OR APPROVAL BY, EMPLOYEES. Any modifications to these policies must be in writing and approved by the Board of Directors. No Supervisor or other individual is authorized to modify the terms of these policies, either verbally or in writing. This Handbook repeals and replaces all prior Handbooks and prior verbal or written statements to the extent that they relate to the subjects covered by this Handbook.

2.ALL EMPLOYMENT WITH HORIZONS IS AT-WILL, MEANING THAT EITHER THE EMPLOYEE OR HORIZONS MAY TERMINATE THE EMPLOYMENT RELATIONSHIP AT ANY TIME, WITH OR WITHOUT CAUSE OR PRIOR NOTICE. No policy contained in this Handbook is intended to change or can be interpreted as changing this basic nature of the Employer-Employee relationship, nor can verbal or written statements by Supervisors or other management change the fact that employment with Horizons is at-will.

3.Acceptance of Policies. Employees accept the policies set forth in this Handbook by continuing to accept employment with Horizons with knowledge of this Handbook, even if Employee fails or refuses to read the Handbook.

Policy 12. New Hire Documents

1.W-4. All new Employees must accurately complete a W-4 Form required by the federal government and provide all information, including social security number, necessary for Horizons to properly withhold and report income taxes on Employee’s earnings with Horizons. Failure to complete a W-4 will result in Horizons withholding from Employee’s earnings for income taxes as if Employee is single without any allowances or exemption. The W-4 must be updated whenever Employee’s allowances or exempt-status change. It is the Employee’s responsibility to report such changes to Horizons and revise the W-4.

2.Social Security Card. Horizons is required by the I.R.S. and Fair Labor Standards Act (F.L.S.A.) to record in its records the name and social security number of each Employee as they appear on the social security card. New Employees are, therefore, required to present their social security card so Horizons can verify accuracy.

3.I-9 Form. Horizons adheres to the requirements concerning verification of Employee eligibility to work in the United States set forth in the Federal Immigration Reform and Control Act of 1986, as amended. An I-9 Form (Employment Eligibility Verification Form) must be completed at the time of hire. Horizons is required to have all new hires provide documentation establishing identification and employment eligibility withinthree business days from the first day of work. The I-9 Form designates the types of documents acceptable for this purpose. If, for some reason, the new Employee is unable to present the required documentation, the Employee must produce within this 3-business-day period a receipt showing that he or she has applied for replacement documentation. If Employee cannot produce the actual documents required within 90 calendar days of hire, Employee will be terminated. Employees who have temporary immigration status must update the I-9 and provide documentation of any extensions of the temporary status by the expiration date. Horizons will retain a copy of documentation presented by the Employee for establishing right-to-work, as required by Colorado law. Employees who have temporary immigration status must update their authorization within Horizons’ Human Resource Department and provide documentation of any extensions of the temporary status by the expiration date, as required.

4.Affirmation of Legal Work Status. Horizons will complete an Affirmation of Legal Work Status form pursuant to Colorado Revised Statue 8-2-122 at the time of hire. This form affirms that Horizons has examined the legal work status of a new Employee and has retained file copies of the documents required by the I-9 Form; that Horizons has not altered or falsified the Employee’s identification documents; and that Horizons has not knowingly hired an unauthorized alien.

45.Accuracy of Application Information. Horizons relies upon the representations of applicants prior to employment in deciding whether to make a job offer. If false information is provided on the application for employment, on the résumé, during the pre-employment interview, or otherwise in the hiring process, upon Horizons’ discovery of the falsification, regardless of when this occurs, the Employee will most likely be discharged. Employees who have temporary immigration status must update the Human Resource Department and provide documentation of any extensions of the temporary status by the expiration date.

6.Colorado Driver’s License. Employee who is required to drive for Horizons as part of the employee’s job duties must be currently licensed to drive in the State of Colorado and must present their Colorado driver’s license so Horizons can verify accuracy and retain a copy for its records.

7.Criminal Background Checks. Horizons is committed to ensuring its staff are well qualified to provide services to people with developmental disabilities. In keeping with our commitment, we require three reference checks prior to hiring. Employment is also conditioned contingent upon the results of a criminal background check.

Policy 13. Discrimination and Harassment Prohibition

1.Equal Employment Opportunity. There shall be no unlawful discrimination or harassment against Employees or applicants for employment because of race or color, religion or creed, sex or gender, national origin or ancestry, age, sexual orientation, pregnancy, physical or mental disability, military status, genetic information or other protected status. Equal employment opportunity, as required by law, shall apply to all personnel actions including, but not limited to recruitment, hiring, upgrading, promotion, demotion, layoff, or termination.

2.Age. Age as used above refers to the age group 40 to 70 years old. If Horizons has 20 or more Employees for 20 or more weeks during the current or preceding calendar year, then the protected age group is 40 and above, as specified by the Age Discrimination in Employment Act and the Colorado Antidiscrimination Act..

3.Sex, Gender, and Sexual Orientation. Sex and gender discrimination includes unlawful discrimination on the basis of sex, gender, or pregnancyand sexual harassment. Colorado law defines “sexual orientation” as “a person’s orientation toward heterosexuality, homosexuality, bisexuality, or transgender status or an Employer’s perception thereof.”

4.Accommodations for Pregnancy and Pregnancy-Related Conditions[MS1]. Horizons will provide reasonable accommodations to an applicant for employment, or an employee, for health conditions related to pregnancy or physical recovery from childbirth, absent an undue hardship on Horizons. And Horizons will not deny employment opportunities because of its need to make pregnancy-related reasonable accommodations. Horizons will not force an applicant or employee affected by pregnancy-related conditions to accept an accommodation that she has not requested or that is unnecessary to perform the essential function of her job. Similarly Horizons will not require a pregnant employee to take leave if there is another reasonable accommodation that may be provided.

5.4.Genetic Information. Genetic information includes: 1) information about a person’s genetic tests; 2) information about the genetic tests of that person’s family members; 3) a person’s family medical history (i.e., the manifestation of a disease or disorder in a person’s family members, often used to determine if a person has an increased risk of getting a disorder, disease or condition in the future); 4) a person’s request for, and receipt of, genetic services; 5) a person’s participation in clinical research that includes genetic services (or the person’s family members participation); 6) the genetic information of a fetus carried by a person or a family member of the person; 7) the genetic information of an embryo legally held by a person or a family member using assisted reproductive technology.

6.5.Sexual Harassment. Sexual harassment occurs when an Employee is subjected to unwelcome conduct based on sex or gender that is severe or pervasive and: (1) which conduct is either an explicit or implicit condition of an individual’s employment; (2) submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting the individual, e.g. salary increases; (3) or such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment. Unprofessional conduct may rise to the level of sexual harassment if it is unwelcome, based on sex, and severe or pervasive. Unprofessional conduct includes, but is not limited to, unwelcome sexual advances or propositioning, jokes of a sexual nature, unwelcome sexual comments about someone’s clothing or appearance, intimate stories about one’s sex life, sexually explicit photographs or drawings, unwelcome touching of a sexual nature, and adverse treatment based on gender. Unprofessional conduct may result in discipline or discharge, regardless of whether or not it rises to the level of unlawful sexual harassment.

7.6.Harassment Based on Protected Classification. Harassment on the basis of any protected status listed above (see Section 1 of this Policy) is unlawful where it is unwelcome, severe or pervasive, and unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive working environment. Slurs, derogatory statements or demeaning treatment, jokes and stereotyping based on protected status are unprofessional and may result in discipline or discharge regardless of whether they rise to the level of unlawful harassment.

87.Treat Unwelcome Conduct as Unwelcome. If an Employee finds someone’s conduct sexually harassing, or harassing on another protected basis, the Employee should not encourage that person to continue by indicating that the Employee likes or approves of the conduct. The Employee should not reciprocate by engaging in similar conduct. For example, an Employee shouldn’t tell jokes that the Employee wouldn’t want someone to tell him or her; the Employee shouldn’t hug others if the Employee doesn’t want them to hug the Employee.

98.Disability and Religious Accommodation. Horizons will make reasonable accommodation for qualified individuals with known disabilities and Employees whose work requirements interfere with a religious belief, unless doing so would result in an undue hardship to Horizons or create a direct threat to the Employee or others. Requests for reasonable accommodation must be directed to the Human Resources Director or the Executive Director.

109.Reporting Discrimination or Harassment. Any Employee who is subjected to or who observes conduct the Employee honestly believes is in violation of this policy should report it to the Human Resources DirectorDirector of Administration, Program[MS2] Director or Executive Director. This includes conduct by co-workers, Supervisors, management, directors or clients, suppliers or others encountered during the course and scope of the Employee’s employment. It is Horizons’ desire to maintain a professional working environment and to prevent any unlawful discrimination or harassment in employment. Employees are strongly advised that they should not quit employment because of conduct that violates this policy rather than reporting such conduct. Please give Horizons a reasonable opportunity to investigate and correct any violations of this policy. Upon receiving a report of conduct that violates this policy, Horizons will investigate the circumstances and take appropriate action. Because of the need to investigate and take action, Horizons cannot promise confidentiality regarding a reported violation of this policy.

10.Discipline/Discharge. An Employee engaging in any unlawful discrimination or harassment against another Employee, as set forth above, shall be subject to disciplinary action that may include termination, demotion, suspension, or whatever disciplinary action Horizons deems appropriate under the circumstances. Employees may be disciplined or discharged for unprofessional conduct in violation of this policy, even if the conduct is not so severe or pervasive that it is unlawful conduct. Any Employee who is dishonest in reporting information that another person is engaging in conduct that violates this policy is similarly subject to discipline or discharge.

11.Cooperation/No Retaliation. Employees must cooperate fully during an investigation and must provide the investigator with honest and complete responses. No Employee shall be retaliated against for making a report of conduct that the Employee honestly and reasonably believes is in violation of this policy or the law, or for participating in an investigation of such conduct. Any retaliatory conduct against the Employee must be reported using the above procedure for reporting discrimination and harassment. Horizons will investigate the circumstances and take appropriate action.

12.Non-Employees. Employees shall not, in the course or scope of their employment, unlawfully discriminate against, harass or engage in unprofessional conduct toward Non-employees or clients based on the Non-employee or client’s protected status (listed in paragraph 1). Such conduct may result in discipline or discharge. Similarly, Employees who are subjected by Non-employees to conduct prohibited by this policy in the course or scope of their employment should report this conduct to Horizons in the same manner as if the conduct were by an Employee. Horizons will investigate and take appropriate action.