FMLA and Other Leave Laws: Learn What’s Changing and How to Stay Compliant
finalhandbook
1. THE LEARNING TREE
STAFF HANDBOOK
The Learning Tree
Megan Ault
Director/Owner
300 E 1st
Ave
Grand Forks, ND 58201
(555) 908-7890
Daycare Center
2. 1
4/5/2016
Welcome……………………………………………………………………………………..2
Equal Employment Opportunity……………………………………………………………3
Harassment……………………………………………………………………………….....3
Employment Definitions…………………………………………………………………….3
Personnel Records………………………………………………………………………….4
Orientation……………………………………………………………………………………4
Promotions…………………………………………………………………………………...4
Hours………………………………………………………………………………………….5
Breaks…………………………………………………..........………………………….......5
Voting Time…………………………………………………………………………………..5
Family and Medical Leave………………………………………………………………….5
Pay Periods…………………………………………………………………………………..6
Overtime Pay…………………………………………………………………………………6
Performance Reviews……………………………………………………………………….6
Jury Duty……………………………………………………………………………………...6
Funeral Leave………………………………………………………………………………..6
Disciplinary Procedure………………………………………………………………………7
Discharge……………………………………………………………………………………..7
Employment-at-Will……………………………………………………………………….….8
Paid Time Off…………………………………………………………………………………8
Benefits………………………………………………………………………………………..9
Company Equipment…………………………………………………………………………9
Dress Code……………………………………………………………………………………10
Company Vehicle Usage…………………………………………………………………….10
Safety and Accident Reporting………………………………………………………………10
Smoking/Tobacco Use……………………………………………………………………….11
Security…………………………………………………………………………………………11
Disability Accommodation……………………………………………………………………11
Parking…………………………………………………………………………………………12
Bulletin Boards………………………………………………………………………………...12
TABLE OF CONTENTS
3. 2
Welcome to The Learning Tree daycare center! We are happy to have you join our team
and hope your experience with us will be a rewarding one. We value each and every
one of our employees and look forward to you helping us continue on our mission of
providing quality care to the families at our center.
At The Learning Tree, we recognize that every child is different and learns in their own
way. Our goal is to understand our children and develop lesson plans that cater to them
and their style of learning. By using the right combination of age and developmentally
appropriate activities and techniques, we can inspire our children to really want to learn.
We also believe in the power of playing! Children need freedom and time to play, it
gives them a chance to practice what they are learning. Playtime is not something that
is ever taken away here, it is not a reward for good behavior; it is a necessity. The
children here look up to you and we want you to remember that you are an example that
they look to for guidance.
The Learning Tree opened its doors in September 2011 to 30 children. We have now
expanded to meet the growing need of daycare services in Grand Forks and average 75
children daily. We have 6 rooms in our center and we provide care for infant children to
school agers.
WELCOME
4. 3
The Learning Tree is an Equal Employment Opportunity employer. It is our policy to
allow equal employment opportunities to qualified persons without regard to race,
religion, color, national origin, sex, sexual orientation, age, non-job physical or mental
handicap, or any other classification protected by the federal, state, or local laws. If you
feel you have not been treated in accordance with this policy, you should contact Susan
Smith, our Human Resources Administrator.
Harassment is a form of discrimination that is offensive and damages the integrity of
employment relationships and causes serious harm to the productivity, efficiency, and
stability of our company. All employees have the right to work in an environment free
from harassing conduct. It is important that our company be one of mutual respect.
Harassment means persistent and unwelcome conduct on the basis of race, color,
national origin, age, disability, sex, and sexual orientation. Sexual harassment includes
unwelcome sexual advances or unwelcome verbal or physical conduct of a sexual
nature.
An employee who believes they are being harassed, or an employee made aware of
harassment, should promptly notify the director, Megan Ault, or the Human Resources
Administrator, Susan Smith. Upon notification, a confidential investigation will
immediately begin and will include interviews with involved parties.
This policy also prohibits retaliation of any kind against an employee bringing a
complaint or assisting in the investigation. Such employees may not be adversely
affected in any manner related to their employment.
Nonexempt employees are employees who are paid an hourly rate and whose work is
covered by the Fair Labor Standards Act (FLSA). They are NOT exempt from the law’s
requirements concerning minimum wage and overtime.
Exempt employees are paid on a salary basis and are those who ARE exempt from
the minimum wage and overtime provisions of the Fair Labor Standard Act (FLSA.)
Exempt employees hold jobs that meet the standards and criteria established under the
FLSA by the U.S. Department of Labor.
EQUAL EMPLOYMENT OPPORTUNITY
HARASSMENT
EMPLOYMENT DEFINITIONS
5. 4
Regular, full time: Employees who regularly work at least 35 hours per week.
Regular, part time: Employees who regularly work less than 35 hours every
week, but no less than 17.5 hours per week.
Temporary, full time: An individual employed at least 35 hours per week, for a
specific period of time less than 6 months.
Temporary, part time: An individual employed less than 35 hours every week,
but no less than 17.5 hours per week, for a specific period of time less than 6
months.
Personnel records are the property of The Learning Tree, and access to the information
they contain is restricted and confidential. A personnel file shall be kept for each
employee and should include the employee’s job application, copy of the letter of
employment and position description, performance reviews, disciplinary records,
records of salary increases and any other relevant personnel information. It is the
responsibility of each employee to promptly notify his or her supervisor in writing of any
changes in personnel data, including personal mailing addresses, telephone numbers,
names of dependents, and individuals to be contacted in the event of an emergency.
All new employees are oriented to The Learning Tree’s policies and procedures. Such
an orientation should begin on the first day of employment and continue throughout his
or her first 30 days. The 90 day review will evaluate an employee’s performance of all
expectations explained during orientation.
It is The Learning Tree’s policy to promote employees from within, when possible, to all
jobs in which vacancies arise. Factors considered in making promotions are employee
knowledge, training, skill, efficiency, and the ability to perform the job which is available,
with consideration of the employee's length of continuous service with the company. In
the event of an opening for a promotion, the director shall determine which employee is
to be promoted to the open position. The Learning Tree staff may recommend the
strongest candidates for open positions in which a promotion is involved within the
organization, and the director will consider these recommendations along with the
candidates’ other qualifications.
PERSONNEL RECORDS
PROMOTIONS
ORIENTATION
6. 5
The Learning Tree’s established hours are 7:00 a.m. to 6:00 p.m., Monday through
Friday. We are closed on weekends. Consideration must be given to assure that all
rooms are covered during these hours.
The standard workweek for full-time employees normally will be a five-day, 40-hour
week. At times, employees may be required to work more than 40 hours.
The Director and Human Resources Administrator will determine schedules for meal
and rest periods. When establishing the schedule, room coverage and ratio will be
taken into consideration to ensure a room is never understaffed. Lunch periods are 30
minutes in length. Rest breaks are 15 minutes in length. Two rest breaks will be
scheduled per shift; one before the meal break and one after. If an overtime schedule of
10 hours or longer is in effect, an additional break may be permitted. Rest breaks are
paid, meal breaks are unpaid. Hourly employees must punch out at the beginning of the
meal period and back in when resuming work. Employees may leave the daycare for 30
minute meal breaks, but not for 15 minute rest breaks.
If an employee does not have sufficient time outside of working hours to vote, they will
be allowed time off of work to vote in statewide primary and general elections. One hour
of absence will be paid. More time will be allowed if necessary, but employee will need
to use accrued vacation time or have it be unpaid. This must be scheduled in advance
with the Director or HR Administrator.
The Family and Medical Leave Act (FMLA) of 1993 is a federal law enacted to help
employees balance their work and family life and to promote the stability and economic
security of families. It allows eligible employees to take job-protected unpaid leave, or
substitute appropriate paid leave if the employee has earned or accrued it, for up to a
total of 12 work weeks during a 12-month period for a family or personal serious health
condition which qualifies under FMLA.
The FMLA also provides leave for service members and their families under certain
circumstances. Military caregiver leave has been expanded so it may be used to care
for veterans undergoing treatment, recuperation or therapy for an injury, as long as the
veteran was a member of the Armed Forces, National Guard or Reserves within five
HOURS
BREAKS
VOTING TIME
FAMILY AND MEDICAL LEAVE
7. 6
years of requiring care. The amendments also expand military caregiver leave so that
employees may use it to care for a covered service member's serious injury or illness
incurred because service on active duty aggravated an existing or preexisting injuries.
The legislation also expands the use of qualifying exigency leave. Qualifying exigency
leave will now cover family members of the regular Armed Forces deployed to a foreign
country, in addition to current coverage of family members of the Guard or Reserves.
The Learning Tree’s paydays are every other Friday. All employees are paid by check
or direct deposit on the above-mentioned payday. Physical checks will be distributed
between 12:00-3:00 on paydays, direct deposit will be available the morning of payday.
If the regular payday falls on a Center holiday, employees will be paid on the next
business day after the holiday and/or weekend. Each regular part-time, temporary, or
non-salaried employee will be provided a personal clock card. This "clock card" is in the
form of a physical time card that you punch in with using the time clock. If you are an
hourly employee your clock card is your record of employment from which your pay is
computed and from which all is determined. It is necessary for each employee to "clock
in" at the start of work and "clock out" when he or she leaves. In the event that an
employee fails to "clock in" or "clock out" the Director’s or HR Administrator’s approval
and signature must be received prior to the submission and payment of any wages.
Overtime is paid to non-exempt employees for all hours worked in excess of 40 hours
during the Monday-Friday work week. Overtime pay is one and one half times your
regular hourly rate of pay and must be authorized by Director or HR Administrator.
Periodically, the Director will conduct a formal performance evaluation of each
employee. The evaluation will consist of a review of the employee's performance,
attitude, attendance, progress and ability. The information required to review your job
performance is collected continuously by your Director and HR Administrator.
Evaluations will help determine promotions and merit pay increases.
Jury Duty is considered part of your civic duty, and thus the center will pay the
difference between your regular pay and jury duty pay.
PAY PERIODS
PERFORMANCE REVIEWS
OVERTIME PAY
FUNERAL LEAVE
JURY DUTY
8. 7
Bereavement time will be paid to all full time employees for up to three continuous days
for scheduled time lost due to death of an immediate family member, including parent,
spouse, child, brother, sister or a spouse’s parent.
Verbal Warning- If a staff member’s job performance is not meeting The Learning
Tree’s standards, or if a staff member is in violation of any policy stated in this
handbook, he/she will be informed of the problem and the possible penalties if
performance does not improve. Suggestions on ways to improve job performance will
be discussed. Verbal warnings may be given for violation of The Learning Tree’s
policies, failure to follow procedures, inadequate performance, absenteeism or
tardiness.
Verbal warnings will be recorded, discussed, and signed by both the staff member and
Director and/or Human Resources Administrator. After three verbal warnings have been
issued for any reason within a period of six months, a written warning will be issued.
Written Warning- A written warning is given if a problem identified by multiple verbal
warnings has not been corrected. Written warnings will be recorded, discussed, and
signed by both the staff member and Director and/or Human Resources Administrator.
A staff member may receive only one written warning during a six month period. After
one written warning has been issued, any further issues or actions subject to the
Disciplinary Procedure may result in suspension or termination.
Written warnings will be issued immediately for refusal to follow lawful instructions or
any other serious policy violation, which endangers the safety or integrity of a child or
staff member.
Termination- Termination may result if previously stated steps have not produced
adequate and acceptable performance. Termination may be immediate without using
previous steps. Reasons for immediate termination may include, but are not limited to:
Commitment of child abuse under North Dakota law; Abuse of a parent/guardian of a
child or another staff member, Harassment; Being under the influence of drugs or
alcohol while at work; Theft; Possession of a weapon.
The above violations are only examples and are not meant to be all-inclusive.
Disciplinary action up to and including termination may be taken immediately at the
discretion of the Director.
Discharge of employment is an inevitable part of personnel activity within any
organization, and many of the reasons for discharge are routine. Below are a couple
examples of some of the most common circumstances under which employment is
terminated:
DISCIPLINARY PROCEDURE
DISCHARGE
9. 8
Resignation – voluntary employment termination initiated by an employee.
Termination – involuntary employment termination initiated by The Learning Tree.
If you decide to leave The Learning Tree, we ask that you provide two weeks written
notice of your intention to quit. An absence for more than 5 days without a report to the
daycare with the reason for the absence will constitute a voluntary quit. Any outstanding
financial obligations owed to The Learning Tree (daycare expenses for dependent
children) will be deducted from the employee’s final paycheck. All accrued benefits that
are due and payable at termination will be paid. The final paycheck will be mailed to the
address the daycare has on file for the employee.
Your employment with The Learning Tree is a voluntary one and is subject to
termination by you or The Learning Tree at will, with or without cause, and with or
without notice, at any time. Nothing in these policies shall be interpreted to be in conflict
with or to eliminate or modify in any way the employment-at-will status of The Learning
Tree employees. This policy of employment-at-will may not be modified by any officer or
employee and shall not be modified in any publication or document. These personnel
policies are not intended to be a contract of employment or a legal document.
Regularly scheduled paid holidays are granted to all regular, full-time employees each
year, after 90 days of continuous employment. Paid holidays include:
-New Year's Day
-Memorial Day
-Independence Day
-Labor Day
-Thanksgiving Day
-Christmas Day
Full time employees are eligible to receive the following vacation benefits:
- New Employees: After six months of employment, new employees shall receive 1 day
of vacation per month worked until their one year anniversary, not to exceed 5 days.
- 1 Years to 5 Years of Employment: The employee shall be entitled to 5 vacation
days each year.
- 6 Years to 10 Years of Employment: The employee shall be entitled to 10 vacation
days each year.
- 11 Years or more of Employment: The employee shall be entitled to 15 vacation
days each year.
EMPLOYMENT-AT-WILL
PAID TIME OFF
10. 9
In an attempt to encourage the use of accrued vacation benefits, all unused vacation
time will be forfeited if not used.
Employees should notify the Director or Human Resources Administrator a minimum of
14 business days in advance of taking vacation time, unless special circumstances are
recognized. All vacation requests must be submitted to the employee's Director or
Human Resources Administrator and approved prior to using said vacation time. All
requests will be reviewed by the Human Resources Administrator with a focus on the
center’s needs, deadlines and requirements during the requested vacation dates. The
Human Resources Administrator will inform the employee within 3 business days of
receipt of the vacation request of the acceptance or rejection thereof.
Individual or family health insurance coverage is available to all fulltime employees after
30 days of employment. The Learning Tree contributes 50% of the individual health
insurance premium. If a staff member selects family health insurance coverage, the staff
member will be responsible for 100% of the premiums for their spouse and/or child; The
Learning will contribute 50% to the individual premium. The Human Resources
Administrator will provide additional information to eligible staff members.
Individual or family dental insurance coverage is available to all full time and part time
employees after 30 days of employment. Staff members must pay 100% of their dental
insurance premiums. A staff member must accept or decline coverage at the time of
hire. If a staff member declines coverage at the time of hire, she/he must wait until the
renewal period to enroll.
All full time and part time employees are eligible for discounted childcare. Full time
employees will receive a 50% discount and part time employees will receive a 25%
discount.
It is important that every staff member’s attention remains on the children at all times.
Therefore: Cell phones are not permitted in any of the center rooms. Cell phones should
remain turned off and stored in a purse, bag, coat, etc. while a staff member is clocked
in. Cell phone use is permitted only during an approved break, and never in a childcare
room. It is never appropriate to make a personal phone call, send a text message,
check voicemail, etc. while in the presence of children. It is expected that when leaving
the center for any reason (walk, field trip, playground, etc.), one staff member will carry
with them a cell phone. In this circumstance, the cell phone should only be used in the
event of an emergency and not for personal calls/text messaging. In the event of an
emergency, the staff member must inform both the Lead Teacher and Director of the
situation. In this case, cell phones must be set to vibrate. Calls may be answered only
BENEFITS
COMPANY EQUIPMENT
11. 10
after a substitute has arrived to replace the staff member, and outside of the classroom.
Ratios must be maintained at all times.
All The Learning Tree-owned computers are to be used for work purposes only. Under
no circumstances may software be installed without the prior permission of the Director
or Human Resources Administrator. Staff members may bring in a personal computer to
use during nap time only. The wireless network password may be obtained from the
Director or Human Resources Administrator. Computer use is forbidden during all times
other than nap time.
All employees should wear center provided shirt, blue jeans, and comfortable shoes,
such as: tennis shoes. Shoes must be neat and in good repair at all times. Tennis shoes
or flats are best. Since you are expected to engage the children in activities on the
playground the shoes should be appropriate for the situation. Open toe or open heel
shoes are not recommended for safety reasons. Clothing should be clean and in good
repair at all times. You are hired to work with children and being down on the floor
frequently is part of the job responsibility. Clothing must be appropriate to engage
children in all types of activities throughout the day. Jeans, shorts, or Capri’s are
allowed: however, they must have no holes. Use a conservative outlook when deciding
upon apparel. All employees must wear their “The Learning Tree” Center shirts these
and will be ordered upon hire) Note: Employees who report for work inappropriately
dressed will be sent home and directed to return to work in proper attire. Under such
circumstances, employees will not be compensated for the time away from work.
Vehicles essential in accomplishing job duties (field trips, purchasing supplies, etc.) are
expensive and may be difficult to replace. When using property, employees are
expected to exercise care, perform required maintenance and follow all operating
instructions, safety standards and guidelines.
The Learning Tree is very committed to the safety of our employees. We will do
everything possible to prevent workplace accidents and we are dedicated to providing a
safe working environment for all employees. We value our employees not only as
employees, but also as human beings critical to the success of their family, the local
community and The Learning Tree. Employees are encouraged to report any unsafe
work practices or safety hazards encountered on the job. All accidents/incidents (no
matter how slight) are to be immediately reported to the Director or Human Resources
Administrator.
DRESS CODE
COMPANY VEHICLE USAGE
SAFETY AND ACCIDENT REPORTING
12. 11
A key factor in implementing this policy will be the strict compliance to all applicable
federal, state and local policies and procedures. Failure to comply with these policies
may result in disciplinary actions. The Learning Tree will make every reasonable effort
to provide a safe and healthful workplace that is free from any recognized or known
potential hazards. Everyone’s goal must be to continually improve safety awareness
and to prevent accidents and injuries. Everyone at The Learning Tree must be involved
and dedicated to safety. This must be a team effort. Together, we can prevent accidents
and injuries and we can keep each other safe and healthy in the workplace.
Cigarettes and smokeless tobacco products are prohibited on The Learning Tree
premises, including parking lots and outdoor play areas. Smoking and the use of
smokeless tobacco products is also prohibited in The Learning Tree vehicles. Staff
members must wash hands immediately after smoking (before work and on break),
before returning to work.
The health and safety of our children is of great importance. Some important
information:
Picking up children: Only persons authorized by families will be permitted to pick up a
child from The Learning Tree. Authorized persons must be a minimum of 16 years old
and should be asked to present identification.
All The Learning Tree staff members are identified by a badge.
All The Learning Tree staff are required to have training in first aid, CPR, and the
operation of a fire extinguisher.
Before working with children, staff must have a criminal background check, including a
child abuse registry check and adult abuse registry check.
Children are only allowed to be on the playground with age groups 1 year above or 1
year below. Example: A 1 year old may not be on the playground at the same time as a
5 year old.
Six foot fencing surrounds the perimeter of The Learning Tree playground.
Classrooms are equipped with safety outlets throughout the room.
The Learning Tree has smoke, sprinkler and fire alarm systems.
The Learning Tree complies with the Americans with Disabilities Act (ADA) and
applicable state and local laws providing for nondiscrimination in employment regarding
SMOKING/TOBACCO USE
SECURITY
DISABILITY ACCOMMODATION
13. 12
qualified individuals with disabilities. The Learning Tree provides reasonable
accommodation for such individuals in accordance with these laws.
Employees understand that they are required to park in back of the parking lot, away
from the building and constant flow of parent traffic.
All employees must check the staff bulletin board daily, it is located directly next to the
time clock where employee is to punch in/out.
PARKING
BULLETIN BOARDS