EMPLOYEE HANDBOOK - Lycée Français de New York

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EMPLOYEE HANDBOOK - Lycée Français de New York

LYCÉE FRANÇAIS de NEW YORKEMPLOYEE HANDBOOKSeptember 7, 2012


EMPLOYEE HANDBOOKTABLE OF CONTENTI. INTRODUCTION ........................................................................................................ 5II. AT-WILL EMPLOYMENT ...................................................................................... 6III. APPLICATION OF POLICIES .............................................................................. 7IV. EQUAL EMPLOYMENT OPPORTUNITY .......................................................... 7V. HARASSMENT IN THE WORKPLACE ................................................................ 85.1. Definition of Sexual Harassment ............................................................................. 85.2. Other Unlawful Harassment .................................................................................... 85.3. Individuals Covered by This Policy ......................................................................... 95.4. Maintaining Boundaries .......................................................................................... 95.5. Fraternization ........................................................................................................ 105.6. Reporting Harassment ........................................................................................... 105.7. Reporting and Investigating Staff Sexual Misconduct ........................................... 115.8. Mandatory Reporting of Child Abuse .................................................................... 12VI. EMPLOYMENT....................................................................................................... 126.1. The Hiring Process (Recruitment) ......................................................................... 126.1.1 Licenses, Certification and Authorization to Work............................................ 136.1.2 Immigration Reform and Control Act of 1986 ................................................ 146.1.3 Medical Requirements ................................................................................ 156.1.4 Nepotism .................................................................................................. 156.1.5 Orientation ............................................................................................ 166.2. The Role of Human Resources Department ........................................................... 166.2.1 Job Descriptions ................................................................................................ 166.2.2 Performance Appraisals ................................................................................. 176.2.3 Communication and Cooperation ................................................................ 176.2.4 Personnel Records .................................................................................... 186.2.5 Governance Structure ............................................................................ 186.2.6 Conflicts of Interest and Reporting Improper Activity ....................... 196.3. Classifications ........................................................................................................ 196.3.1 Work Schedules ................................................................................................. 206.3.2 Overtime ......................................................................................................... 216.3.3 Inclement Weather & Emergency Closing .................................................. 226.3.4 School Schedules ...................................................................................... 236.3.5 Use of Electronic ID Cards.................................................................... 232


VII. YOUR RESPONSIBILITIES AS AN EMPLOYEE ........................................... 237.1. Alcohol and Drug Free Workplace ........................................................................ 237.2. Confidential Information and Public Statements ................................................... 247.2.1 Speaking to the Media ........................................................................................ 247.2.2 Student/Parent/Alumni/Employee Confidentiality .......................................... 247.3 Communicating with Students, Families and Staff: Technology Use Policy .......... 267.3.1 Appropriate Communication ............................................................................ 267.3.2 Use of Social Media ........................................................................................ 277.4. Conflicts of Interest ................................................................................................ 277.4.1 Acceptance of Gifts ........................................................................................... 277.4.2 Outside Activity .............................................................................................. 287.4.3 Tutoring and Other Personal Professional Activities .................................. 287.4.4 Financial Interest ...................................................................................... 287.4.5 Government and Political Activity ......................................................... 297.5 Intellectual Property .................................................................................................. 297.6 Use of School Facilities, Equipment and Supplies .................................................... 307.7 Smoking in the Workplace ......................................................................................... 317.8 Attendance and Absences ........................................................................................... 327.9 Dress Code/ Personal Appearance ............................................................................ 337.10 Visitors and Guests .................................................................................................. 337.11 Solicitations and Distribution of Literature ............................................................. 337.12 Prohibited Conduct .................................................................................................. 347.13 Safety Standards and Emergency Procedures ......................................................... 36VIII. SALARY................................................................................................................. 368.1. Pay Periods ............................................................................................................ 378.2. Payroll Deductions/Adjustments ............................................................................ 38IX. BENEFITS ................................................................................................................ 389.1 Health Insurance ........................................................................................................ 399.2 Continuation of Health Insurance (COBRA) ............................................................. 399.3 Life Insurance ............................................................................................................ 409.4 Retirement Programs ................................................................................................. 409.4.1 TIAA-CREF Regular Retirement Plan ............................................................. 409.4.2 TIAA-CREF Supplemental Retirement Annuities and RelatedRetirement Opportunities ............................................................................. 419.5 Professional Benefits .................................................................................................. 419.5.1 Tuition Remission................................................................................................ 419.5.2 Professional Development ............................................................................... 419.5.3 Expense Reimbursement ............................................................................... 429.5.4 Voting Leave ............................................................................................ 423


X. HOLIDAYS, VACATION, SCHOOL RECESSES, AND ANNUALPAID LEAVE ........................................................................................................... 4310.1 Holidays ................................................................................................................... 4310.2 Vacation ................................................................................................................... 4310.2.1 Academic Employees ........................................................................................ 4310.2.2 Administrative, Maintenance and Security Staff ......................................... 4410.3 School Recess ........................................................................................................... 4510.4 Personal Use Days ................................................................................................... 4610.5 Sick Days ................................................................................................................. 4610.6 Unpaid Absences from work .................................................................................... 4710.7 Medical Leave Bank ................................................................................................. 4810.8 Religious Observance .............................................................................................. 4810.9 Release Time of Donating Blood and Bone Marrow ............................................... 4810.10 Nursing Mothers .................................................................................................... 49XI LEAVES FROM WORK ........................................................................................ 4911.1 Workers’ Compensation Insurance.......................................................................... 4911.2 Short-term Disability ............................................................................................... 5011.3 Long Term Disability ............................................................................................... 5211.4 Parenting Leave ....................................................................................................... 5211.5 Family Medical Leave Act of 1993 (FMLA) ............................................................ 5211.5.1 Duration and Timing of Leave .......................................................................... 5311.5.2 Substitution of Paid Leave ............................................................................. 5311.5.3 Notice .......................................................................................................... 5411.5.4 Continuation of Health Benefits ............................................................... 5411.5.5 Certification .......................................................................................... 5411.5.6 Reinstatement ..................................................................................... 5511.5.7 Misrepresentation ............................................................................ 5511.6. Jury Duty ................................................................................................................. 5511.7 Funeral (Bereavement) Leave .................................................................................. 5611.8 Military Leave .......................................................................................................... 5611.9 Additional Discretionary Leave ............................................................................... 57XII. RESIGNATION AND TERMINATION OF EMPLOYMENT ......................... 5712.1 Notice ....................................................................................................................... 5712.2 Health Insurance Continuation................................................................................ 5712.3 Departure Interview ................................................................................................. 5812.4 Releasing Job References ........................................................................................ 5812.5 Final Pay Check ....................................................................................................... 5812.6 Visa Status on Termination of Employment ............................................................. 58APPENDIX 1 Reporting Suspected Child Abuse or Maltreatment ................................ 59APPENDIX 2 Reporting Improper Activities at the Lycée ............................................ 62APPENDIX 3 Complying with NYS Laws on Criminal Conviction Records ................. 64APPENDIX 4 School Safety Standards and Procedures ............................................... 67APPENDIX 5 Emergency Response Guide .................................................................... 704


I. INTRODUCTIONWelcome to the Lycée Français de New York. This Employee Handbook isprovided to answer questions concerning the personnel policies and practices of theLycée Français de New York (the “Lycée” or the “School”). Please take time to read thisHandbook thoroughly and keep it as a handy reference source, since it is the employee’sresponsibility to be knowledgeable about its contents. Please keep in mind that thesepolicies cannot cover every conceivable situation that may arise, and therefore they serveas a standard approach. Modifications may be implemented to policies or procedures notgoverned by specific laws when, in the sole judgment of the School, circumstanceswarrant. The School may from time to time implement policies and practices that maynot appear in this Handbook, or change, interpret, withdraw, or add policies, practices orbenefits without prior notice. An effort will be made to inform employees of suchchanges in a timely manner. The Lycée maintains an electronic version of the EmployeeHandbook which will include an identified folder that the School will make a reasonableeffort to use for posting interim additions, changes and modifications. Therefore, it isimportant to check with the Human Resources Department or the electronic versionbefore taking action based on a policy or procedure described in this Handbook.This Handbook provides information generally applicable to all employees.However, it is not intended to and does not create a contract of employment with anyemployee. The information in this Handbook supersedes all information covered inprevious handbooks or otherwise provided previously by the School. To the extent thatany provision of applicable federal, state or local law is inconsistent with the provisionsof this Handbook, such law supersedes the inconsistent Handbook provision. Many of theemployee benefits described in this book are only brief summaries, and the full details ofthese benefits are contained in other documents, often including contracts of insurance,which are available to employees for review.The Lycée issues annual letters of appointment for a school year to manyacademic employees which may contain some separate employment terms; these lettersroutinely include addenda which contain additional conditions of employment. If aprovision of this Handbook conflicts with a term contained in the letter of appointment orits addenda, the specific provision(s) of these annual documents shall govern over thisHandbook. The commitment to employment for academic staff made by the Lycée,subject to adequate enrollment and financial resources, to the specific terms of theappointment letter and to satisfactory performance of duties, carries with it a professionalobligation for academic employees to perform their duties responsibly for the full term ofthe academic year.Administrative, clerical, maintenance and security employees are at-willemployees, a status described in more detail below. The specific terms of theiremployment are detailed in this Handbook. While the School desires a mutuallybeneficial relationship with employees, the at-will employee may leave the Lycée or beterminated at any time. It is important to understand that this Handbook is not a contractof employment.5


There may be circumstances when the Lycée will be faced with serious difficultyand it will have to implement measures to address financial and operational problems.The Lycée therefore reserves the right to make adjustments to employees’ workschedules and compensation during the school year when faced with extenuatingcircumstances. In the event of circumstances such as a meaningful reduction inenrollment (in a particular grade or the overall school) and/or a financial hardshipimpacting the Lycée, as determined in the School’s sole discretion, the Lycée may makea determination that it needs to reduce or eliminate programs, classes, staff positions,work hours or days, or modify compensation. The School may use one or a combinationof approaches to address financial and operational difficulties. For example, the Lycéemay decide to reduce hours, reduce days of operation, briefly furlough staff, reducecompensation, modify benefits, eliminate programs, increase class size, or reduce staff bylayoffs. These examples do not include the entire range of options that may be availablebut are offered by way of example. The School will attempt to balance the needs of thestudents and the School’s viability with its commitment to staff when making thesedifficult choices. The Lycée’s right to make these modifications is not limited by anyoffer letters or letters of appointment provided to staff or in effect at the time the Schoolexercises this right.This Handbook is provided only in English and will not be translated into Frenchby the Lycée because many provisions are based on or reflect US laws and regulations,and the language may be subject to review and interpretation by US governmentalagencies or courts. If you have questions or need an explanation of a policy or section ofthis Handbook please consult with the Human Resources Department.An employee is to sign the receipt page at the end of this Handbook and return itto Human Resources. This enables the Lycée to be confident that each employee is inpossession of a copy of the Handbook and has the opportunity to become fully familiarwith the Lycée’s policies and procedures and its expectations for employee performanceand conduct.II. AT-WILL EMPLOYMENTUnder New York law, employees are considered “At-Will” unless they have aspecific contract of employment for a defined time period. Employment “At-Will”means that the employee may resign at any time with or without advance notice to theSchool and with or without a reason or “cause.” Likewise, the School may terminate theemployee at any time with or without advance notice and with or without a specificreason or “cause.” Only a written letter of employment for a specific period of time,signed by the Head of School, will create a commitment of employment, subject to itsterms, at the Lycée. Moreover, a letter supplied to assist an employee secure a visa ormortgage financing is not a contract of employment, and does not cancel the at-will statusof an employee.6


III.APPLICATION OF POLICIESA wide variety of people contribute to the School’s operations, ranging fromadministrators and teaching faculty to clerical and maintenance staff. All employees arevalued equally.Many of the policies set forth in this Handbook apply to all employees, but someof the more general policies may not apply to each group of employees. Accordingly,every attempt has been made to distinguish between policies that are of generalapplicability, and those that are more limited. Please refer questions to the HumanResources Director.IV. EQUAL EMPLOYMENT OPPORTUNITYThe School seeks to provide equal employment opportunities to all employeesand applicants for employment without regard to race, color, creed, religion, gender,sexual orientation, marital status, national origin, age, disability or other protected status.The School fully complies with all applicable federal, state and local anti-discriminationlaws and requires the complete cooperation of its employees to abide by these laws andpolicies and to promote a community that reflects true respect for all members.All employees are encouraged to report promptly any incident of improper orunlawful discrimination to the Human Resources Director. Upon receipt of theinformation, the school will conduct a prompt review, and take appropriate, correctiveaction as may be warranted. The School will endeavor to maintain confidentialitythroughout the process to the extent feasible under the circumstances.The School will not tolerate or permit any employee to suffer retaliation of anykind or suffer any adverse employment action as a result of reporting discrimination orcooperating with an investigation. Any employee who feels he or she has been subjectedto any acts of retaliation should immediately report such conduct to the HumanResources Director. Any person who retaliates against another individual for reportingany perceived acts of harassment or cooperating with an investigation will be subject todisciplinary action up to and including discharge.The Lycée has designated the Human Resources Director as the school officialwho is responsible for compliance with Title IX (gender equity), Title VII and Title VI(discrimination), the Americans with Disabilities Act and the Rehabilitation Act,particularly section 504, to the extent these laws and regulations apply to the Lycée. Forquestions, concerns, guidance, or if an employee needs to consider a reasonableaccommodation, please contact the Human Resources Director, extension 3828, in theHuman Resources office.7


V. HARASSMENT IN THE WORKPLACEIt is the policy of the School to maintain a work environment in which allindividuals are treated with respect and dignity. Each individual has the right to work ina professional atmosphere which prohibits discriminatory practices, including sexualharassment and harassment based on race, color, creed, religion, gender, sexualorientation, marital status, national origin, age, disability or other protected status.Harassment, whether verbal, physical or environmental, is unacceptable and will not betolerated by the School.5.1 Definition of Sexual Harassment:Sexual harassment includes unwelcome or unwanted conduct of a severe,persistent and pervasive sexual nature when (1) an employee’s submission to or rejectionof this conduct affects decisions regarding hiring, evaluation, promotion or other aspectsof employment, or (2) this conduct substantially interferes with an individual’semployment or creates an intimidating, hostile or offensive work environment.It is not easy to define exactly what actions or course of conduct will constitutesexual harassment under the circumstances of each case. Examples of behavior thatviolates this policy and may constitute sexual harassment include, but are not limited to:coerced sexual acts; express or implied demands for sexual favors in exchange forfavorable reviews, assignments, promotions, continued employment or promises ofcontinued employment; unwanted sexual advances; staring at, touching, or assaulting anindividual’s body; verbal commentary about an individual’s body or sexuality; repeatedsexual jokes, language, epithets, gossip, comments, flirtations, advances, propositions orquestions; repeatedly asking an employee for a date after the employee has clearlyindicated that he or she is not interested; suggestive, insulting, or obscene comments orgestures; the display in the workplace of graphic and sexually suggestive objects, picturesor graffiti; harassment consistently targeted at only one sex, even if the content of theverbal abuse is not explicitly sexual; or retaliation against an employee for complainingabout the type of behavior described above. This type of behavior is unacceptable notonly in the workplace, but also in other work-related settings such as school trips orschool-related social events as well as between members of the staff outside of workwhen it has an impact on the work setting.5.2 Other Unlawful Harassment:Harassment is severe, persistent and pervasive verbal or physical conduct thatdenigrates or shows hostility or aversion towards an individual because of his or her race,color, creed, religion, gender, national origin, sexual orientation, marital status, age,disability or other protected status, or that of persons with whom the individualassociates. For example, racial harassment includes, but is not limited to, harassmentbased on an immutable characteristic associated with race (e.g., skin color or facialfeatures). Religious harassment may include (but is not limited to) demands that an8


employee alter or renounce some religious belief or practice in exchange for job benefits.The School prohibits all behavior which (1) has the purpose or effect of unreasonablyinterfering with an individual’s work performance; or (3) otherwise significantlyadversely affects an individual’s employment opportunities.As in the case of sexual harassment, it is not easy to define exactly what willconstitute harassment based on race, color, creed, religion, gender, sexual orientation,marital status, national origin, age, handicap, disability or other protected status.Examples of behavior that violate this policy and may constitute harassing conductinclude, but are not limited to, epithets, slurs, quips, or negative stereotyping that relateto race, color, creed, religion, gender, national origin, sexual orientation, marital status,age, disability or other protected status, threatening, intimidating or hostile acts that relateto race, color, creed, religion, gender, national origin, sexual orientation, marital status,age, disability or other protected status; written or graphic material (including graffiti)that denigrates or shows hostility or aversion toward an individual or group because ofrace, color, creed, religion, gender, national origin, sexual orientation, marital status, age,disability or other protected status and that is placed on walls, bulletin boards, orelsewhere on the School’s premises, or circulated or displayed in the workplace; and E-mail messages or similar electronic communications that contain content that may bereasonably considered offensive or denigrating to any employee. Offensive contentwould include, but would not be limited to, sexual comments or images, racial slurs,gender-specific comments, or any comments that would offend someone on the basis ofhis or her age, race, sexual orientation, religious beliefs, national origin, or disability; orjokes, pranks or other forms of humor that are demeaning or hostile with regard to race,color, creed, religion, gender, national origin, sexual orientation, marital status, age,disability or other protected status. This type of behavior described as examples ofsexual harassment or harassment based on race, color, religion, gender, national origin,sexual orientation, age, handicap, disability or any protected category is unacceptable notonly in the workplace, but also in other work-related settings such as school trips orschool-related social events.5.3 Individuals Covered By This Policy:This policy covers all School employees and applicants. Any type of harassment,whether engaged in by fellow employees, supervisors or by non-employees with whomemployees come into contact in the course of employment (e.g., service providers orcontractors), is contrary to this policy and will not be tolerated.5.4 Maintaining BoundariesEmployees should be aware of appropriate boundaries with colleagues andstudents both in terms of physical space, physical contact and interactions. Employeesshould be particularly attentive to interactions with students. It is advisable that anEmployee who is working alone with a student do so in an open public space where theEmployee and student are visible to others in the area and not in a classroom or academic9


setting where a door is closed.. Windows on classroom doors should never be covered ina manner that the view into the room is blocked.5.5 FraternizationEmployees should be aware that marital and/or romantic relationships between Schoolemployees may pose problems, both for those individuals and for the School. The Schoolexpects the employees involved to exercise discretion and maturity in the manner inwhich they relate to each other at work. Any relationship which involves a supervisor anda staff person who reports to the supervisor must be discussed immediately with theHuman Resources Director. Because personal relationships between individuals whowork together can lead to charges of harassment, staff is reminded of the School’s policyprohibiting harassment and the School’s commitment to enforcing the policy.5.6 Reporting HarassmentThe School encourages individuals who believe they are being harassed to firmlyand promptly inform the alleged offender that his or her behavior is unwelcome.However, it is recognized that perceived power and status disparities between an allegedoffender and a victim may make such a confrontation difficult. An individual also mayfeel extremely uncomfortable about raising the matter directly to a coworker. Therefore,whether or not the incident is discussed with the alleged offender, individuals whobelieve they have been subjected to harassment are asked to report the incident to theHuman Resources Director. Prompt reporting is encouraged so that appropriate actionmay be taken. An individual may also report incidents of harassment to other seniorLycée officials who will work cooperatively with the Director of Human Resources toaddress the issue.The School will not retaliate against an individual who makes a report ofperceived harassment; nor will the School permit any employee to retaliate. Retaliationis a serious violation of the School’s harassment policy and anyone who feels they havebeen subjected to any acts of retaliation should immediately report such conduct. Aperson who retaliates against another individual for reporting any perceived acts ofharassment or cooperating with an investigation will be subject to disciplinary action upto and including discharge.Allegations of harassment will be promptly and thoroughly reviewed. The Schoolwill endeavor to maintain confidentiality throughout the investigation to the extentfeasible under the circumstances.If the School finds that inappropriate conduct occurred, the offender will besubject to disciplinary action. Although the specific corrective disciplinary action(s) willbe within the School’s discretion, it may include one or more of the following: verbal orwritten reprimand; referral to appropriate counseling; withholding of a promotion, salaryincrease or bonus; reassignment; temporary suspension; or discharge.10


If the complainant or the alleged offender is dissatisfied with the outcome of thisinvestigation, either individual has the right to seek reconsideration of the decision. Thedissatisfied party should submit his or her written request for review in a timely mannerto the Head of School, specifying the specific objections to the original determination.The decision on review, which the Head of School may delegate to one or moreindividuals, shall be final.The School recognizes that false accusations of harassment can cause seriousharm to innocent persons. If an investigation results in a finding that the complainantknowingly, or in a malicious manner, falsely accused another person of harassment, thecomplainant will be subject to disciplinary action up to and including discharge.The School has developed this policy to encourage an environment at the Lycéewhich is not compromised by sexual harassment and/or harassment based on race, color,creed, religion, gender, sexual orientation, marital status, national origin, age, disabilityor other protected status. If an employee has questions about harassment, how to respondto a situation or how the School approaches these matters, please contact the HumanResources Director. The School reserves the right to modify these policies andprocedures in response to changes in the law and regulations and to facilitate theeffectiveness of the policy.5.7 Reporting and Investigating Staff Sexual MisconductInappropriate personal relationships with students are strictly prohibited.Violation of this policy shall result in disciplinary procedures, up to and includingtermination. Any staff member who learns of an inappropriate relationship of this natureis to advise a member of the senior administrative team promptly.Schools face the risk that an incident of sexual misconduct may occur thatinvolves a member of the school’s staff and a student of the school. No rumor orallegation of sexual misconduct can be taken lightly. All school employees, regardless ofwhether or not they hold a professional license or certificate, must report any suspicionsof sexual misconduct involving current, as well as former, students and employees. Thesereports should be made immediately to the Head of School who will initiate a preliminaryinternal investigation to determine what the facts may be and who will evaluate whethermandatory reporting duties have been triggered. It is more important to err on the side ofreporting a rumor or suspicion that turns out to be wrong than to fail to report somethingthat seems unlikely but in fact is true. It is essential to report rumors or suspicions even ifthe student or the staff person no longer attends or works at the school. If the Head ofSchool is not available, or if the person prefers to talk with another individual, the reportmust be made to a senior administrator of the school, who will work with the Head ofSchool on the matter.Sexual misconduct is a broad term for these purposes. It clearly involves sexualabuse as defined by law, any contact of a sexual nature, an invitation to engage in asexual contact or asexual relationship, discussions of a sexual nature not part of aneducational or counseling program, display or sharing of sexual images or text,11


unprofessional physical contact or touching and the sending of intimate or sexualmessages. Sexual misconduct may arise from the failure to respect boundaries betweenstaff and student, from inappropriate touching, from communications that are not directlyrelated to school matters but are of a more personal nature and from blurring the linebetween professional and student. In certain instances, while the conduct may notactually be considered sexual misconduct, it may be considered professional misconduct.No definition of possible scenarios can be all encompassing but these examples illustratethe scope of the issue. If someone is unsure whether conduct constitutes sexualmisconduct or unprofessional behavior they should immediately consult with the head ofSchool or a senior administrator so that there is a common understanding of the school’sstandards.The most important point is that staff understands that the school will not tolerateany conduct that could constitute sexual misconduct or unprofessional behavior with astudent and that no rumors, suspicions, allegations or suggestions of such conduct aredismissed or ignored. Prompt reporting is mandatory so that the school can act to protectstudents and to dispel unwarranted rumors that could harm staff.5.8 Mandatory Reporting of Child AbuseIn New York there is a state law that requires certain professionals to reportsuspected incidents of child abuse, maltreatment or neglect to government authorities.The law applies to teachers and related professionals at private independent schools suchas the Lycée. A detailed policy has been developed by the Lycée and is included as anAppendix to this Handbook. Training of employees on Child Abuse reporting is heldperiodically. Any questions should be directed to the employee’s Head of the Division orto a senior administratorVI. EMPLOYMENT6.1. The Hiring Process (Recruitment):The School seeks to fill job openings with well qualified applicants. Inappropriate circumstances, position openings may be posted internally and qualifiedinternal applicants are encouraged to apply for consideration. In many instances postingsfor open jobs will be done publicly through external media.Selected applicants will be interviewed and applicants may be required tocomplete a standard screening process and/or to pass certain tests as part of theassessment process. In the event an applicant provides false, misleading or incompleteinformation, the School reserves the right to rescind an offer of employment or terminatean existing employee.Generally references will be checked on candidates before an offer ofemployment will be extended. Further, applicants will have to provide written proof ofeducation credentials, such as certified copies of academic degrees and diplomas; thesecredential documents will become part of the permanent employment file. When12


appropriate, the Lycée will seek information about the equivalency of internationalcredentials to the standards in the US. Additionally, the School will seek verification ofother data, such as social security numbers and authorization to work in the US, and willconduct any administratively designated or legally required background reviews forindividuals or specific groups of employees.The School conducts background checks on employees which may includeinformation on criminal records and current pending criminal charges. Employees willauthorize the background check in writing before it is conducted.Attached as an addendum are the specifics of a New York State law detailing howan employer utilizes information about an individual’s prior criminal convictions inmaking a decision whether or not to hire the individual or maintain the person’semployability. Since providing false, incomplete or misleading information constitutesgrounds for refusing to hire an individual or dismissing an employee, applicants andemployees must comply fully with the requirement to provide information. The existenceof prior criminal convictions does not automatically disqualify an applicant or employee.The Lycée complies with the laws governing employment opportunities for individualswith prior criminal conviction records or pending criminal charges.An individual offered employment at the Lycée, and who accepts the offer, doesnot become an employee entitled to salary and benefits until the individual actuallycommences active employment at the Lycée.6.1.1 Licenses, Certification and Authorization to WorkAn employee, whose job requires a professional license or certification, mustpresent documentation of their current license or certification prior to employment.Additionally, employees must pay the cost of obtaining a license or certification, and ofmaintaining it in a current status. Employees must notify the Human Resources Directorbefore the next scheduled work day if there are any unexpected changes in the status oftheir license or certification. It is the employee’s responsibility to comply with allrequirements applicable to maintaining and renewing licenses and certifications and toprovide copies for the employee’s personnel file when licenses, certifications orauthorizations to work are renewed or extended.All offers of employment are contingent on the individual having, obtaining andrenewing authorization to work in the US or securing an appropriate work visa insufficient time to meet the obligations of the School’s employment calendar. Securingproper authorization is the responsibility of the employee, and controlled by governmentagencies, and the Lycée can only assist in that process. It must be understood that theprocurement of a work visa alone is not a guarantee of employment with the School. TheSchool’s offer of employment does not guarantee that an applicant who must obtainauthorization to work in the US will be granted that authorization by the US governmenttimely. Similarly, employment by the School does not guarantee that an employee whomust renew or extend authorization, or obtain different authorization or a change in13


status, will receive the sought after authorization. US government regulations andlimitations on visas and work authorization, including numerical limits, background andexperience requirements govern the process. When employment with the Lycéeterminates, an employee’s work authorization may also terminate.For prospective and current employees who require a new visa, a visa extension,or other visa-related documentation to work in the United States, the School is able toprovide some assistance in obtaining the appropriate paperwork and documentationnecessary to satisfy the visa requirements, but the responsibility for obtaining the visa ora visa extension in a timely fashion remains with the employee. The granting of a visa orvisa extension is under the exclusive control of the United States Department ofHomeland Security (immigration division) and related federal government agencies. TheUS government, and not the School, determines whether a particular application forauthorization, a visa or visa extension will be granted and how long it will take to processa request. Although the School will assist in efforts to obtain a visa, the School cannot beheld liable or responsible if an employee is unable to obtain or renew the necessarydocumentation. Further, it is solely the employee or prospective employee’sresponsibility to supply the necessary documentation to the U.S. government officeresponsible for processing the visa application. Changes in the rules and procedures forobtaining a visa or a visa extension are enacted regularly and an applicant for a visa mustallow sufficient time to complete the process. The School cannot permit an individual tobegin or continue employment if the person does not have current authorization to workor if the authorization has expired and not been replaced with valid authorization.Authorization must be in place prior to the beginning of a School year and remain currentthrough the school year. Further, an employee is responsible for informing the School ifany authorization is about to expire, has expired or has been revoked and must providethe School with a copy of any new, renews or revised authorization or status.6.1.2 Immigration Reform and Control Act of 1986:The Immigration Reform and Control Act of 1986 requires that the School ensurethat employees are lawfully authorized for employment in the United States and onlythose individuals can be employed. Therefore, an employee or prospective employeemust present a valid visa with valid work authorization for the anticipated duration ofemployment to become and remain employed by the School. This requirement is imposedby the US government which monitors and enforces the law.In compliance with the Immigration Reform and Control Act of 1986, the Schoolmust obtain at the inception of employment evidence that a prospective employee isauthorized to work in the US. No later than the third day of employment, and generallybefore employment begins, an individual must present original documents to the HumanResources Department verifying that the person is authorized to work in the US; thedocuments are described on the US Form I-9, and cover proof of identity and authority towork in the US. If any documents provided to complete the Form I-9 expire or arecancelled, the employee is responsible for informing the Human Resources Directorpromptly and providing a renewal or replacement document prior to the date of14


expiration to remain employed by the School. The Lycée may have no option but to endan individual’s employment if their authorization to work expires or is revokedThis information and documentation will be used only for compliance with theImmigration Reform and Control Act of 1986 and not for any unlawful purpose.6.1.3 Medical Requirements:All employees are required to provide proof of current tuberculosis testing (withinthree months) to the Human Resources Department and the Nurses Office uponemployment. Pre-school employees must present proof of a complete annual physicaland immunizations, prior to the start of the School Year, as required by New York StateLaw. Other medical tests or health-related requirements may be established, as dictatedby law and the needs of the School.6.1.4 NepotismLycée permits the employment of qualified relatives of employees, of theemployee's household or immediate family as long as such employment does not, in theopinion of the Lycée, create actual conflicts of interest. For purposes of this policy,"qualified relative" is defined as a spouse, child, parent, sibling, grandparent, grandchild,aunt, uncle, first cousin, corresponding in-law, "step" relation, or any member of theemployee's household. The School will use sound judgment in the placement of relatedemployees in accordance with the following guidelines:Individuals who are related by blood, marriage, or reside in the same householdare permitted to work in the same department, provided no direct reporting orsupervisor to subordinate relationship exists. That is, no employee is permitted towork within "the chain of command" when one relative's work responsibilities,salary, hours, career progress, benefits, or other terms and conditions ofemployment could be influenced by the other relative.Related employees may have no influence over the wages, hours, benefits, careerprogress and other terms and conditions of the other related staff members.Employees who marry while employed, or become part of the same household aretreated in accordance with these guidelines. That is, if in the opinion of theSchool, a conflict arises as a result of the relationship, one of the employees maybe transferred at the earliest practicable time.The policy also prohibits the hiring of any related family members of the Board ofTrustees.Employees are required to disclose changes in their personal situations, which may becovered under the Nepotism Policy. The policy is intended to ensure effective supervision,internal discipline, security, safety, and positive morale in the workplace. It also seeks toavoid the perception of favoritism, conflicts in loyalty, discrimination, the appearance ofimpropriety, and conflicts of interest.15


6.1.5 Orientation:In addition to the required staff meeting days before the beginning of the SchoolYear, new employees will have a separate orientation prior to staff meeting days, toacquaint them with the School’s policies and procedures, details about their positions,and their internal and external working relationships at the School. The orientation fornew employees is required because it addresses necessary information and training andprovides the foundation for job expectations. The Lycée reserves the right, as part of anemployee’s work schedule, to hold meetings with employees or groups of employees toprovide them with pertinent information and direction pertaining to their job duties andresponsibilities.6.2 Role of Human Resources DepartmentThe Human Resources Department is staffed by professionals who are responsiblefor managing the personnel needs of the Lycée, providing staff with programs andservices that assists them with their professional and personal priorities, mediating theinteractions and relationships that arise at the School and complying with applicable legalobligations.Staff members are encouraged to consult with the Human Resources Departmentabout personnel policies and workplace matters such as harassment, discrimination orpotential misconduct. In many situations sharing information and seeking guidance earlycan prevent a problem from arising or becoming worse.However, among the inherent tensions of the role, such as advocating foremployees while simultaneously administering policies and procedures that govern staff,Human Resources professionals are the primary recipients of sensitive, personal,confidential and critical information. It is important to be clear that the HumanResources staff professionals have a responsibility to the Lycée to consult withappropriate senior staff about crucial types of matters brought to their attention and totake action when she or he has information about a situation that may prompt legal orsafety concerns. Although discretion will guide these actions, and every attempt will bemade to respect the sensitivities of staff, consultation and action will be undertaken whenappropriate. Further, the Human Resources professionals will refer an individualemployee back to her or his direct supervisor or division head when a matter should, atleast initially, be addressed at that level.6.2.1 Job Descriptions:The School makes a reasonable effort to develop written job descriptions detailingthe major essential job functions. When new positions are created or existing positionsevolve into significantly different jobs, the Human Resources Department will draft jobdescriptions which realistically reflect the major essentials duties and responsibilities16


which the School identifies for the position. Job descriptions serve as guidelines of jobduties and are not exhaustive accounts of all responsibilities. Employees should recognizethat related duties and tasks exist that are not listed in job descriptions and remain theresponsibility of the employee. Job descriptions should be used as part of the regularemployee performance appraisal process and the employee and supervisor should providefeedback to Human Resources if the major responsibilities of a position are changingsignificantly; only the Human Resources Department can draft and implement changes tojob descriptions.6.2.2 Performance Appraisals:Employees will receive periodic performance appraisals (evaluations) that willassess their work performance relative to the job responsibilities and their conduct. Jobdescriptions, where they exist, shall be utilized as part of the review process. Theseappraisals will include routine assessments and exchanges over specific matters and amore systemic review of overall performance. These are meant to be constructiveopportunities to clarify expectations, provide feedback and advise when changedbehavior or improved performance is sought. Because assessment is a significant matter,every effort shall be made to communicate in a candid, constructive and professionalmanner. Generally, assessments shall have a written summary which can be included inan employee’s personnel file. When an employee is asked to sign a written assessment,the employee’s signature is an acknowledgement of receipt of the assessment and doesnot necessarily signify that the employee agrees with the complete content of theassessment.Where an employee seeks further information about an assessment or feels it isimportant to respond to an assessment, the employee should provide a written response,which will be reviewed and discussed, and where appropriate, attached to the originalassessment.The Lycée has developed a specific appraisal process for all employees whichinvolves ratings in specific categories related to job responsibilities, performance andconduct. These ratings can be taken into account in the event that there is an allocation ofadditional compensation to be awarded employees based on this specific process. This isa recent endeavor at the Lycée and there is an ongoing effort to adapt and refine theprogram.6.2.3 Communication and Cooperation:The challenges faced by the School necessitate a high degree of interaction andtherefore the School seeks to encourage respectful communication and feedback. Generalthese communications should come through the proper channels of the School so that theLycée can take into consideration employee input about the School’s overall operationsand programs.In cases where it may be inappropriate to report a problem to an immediatesupervisor, an employee may approach a more senior supervisor, a Director or the Head17


of School. An employee can be confident that communications can be presented withoutconcern for adverse action.Employees also have a responsibility to cooperate with the School when theemployee is advised to attend a meeting or honor an appointment with an administrator.When an employee is scheduled to meet with a School administrator, that meeting mustbe viewed as a job requirement and the employee must attend.Communication between colleagues and with parents and students should beconducted in a professional and civil manner. Even in a situation where an Employeemay be upset or angry, or feels provoked by the ill behavior of the other person, theresponsibility to be professional still applies. In a situation where an Employee thinks thatan encounter may be tense or confrontational, or has concerns about safety and security,the Employee should have someone else appropriate present with them for the meeting ordiscussion so that a professional atmosphere can be maintained.Communications with visitors and the public in and adjacent to the School shouldreflect a similar level of professionalism and civility. If an individual voices concerns,complaints or compliments about the Lycée to a staff member, please request that theperson put their view in writing and provide it to the Lycée.6.2.4 Personnel Records:An employee is responsible for keeping the information in his or her personnelfile current, complete and accurate. Employees should inform the Human ResourcesDirector immediately whenever there are changes in personal data, such as address,telephone number, marital status, number of dependents, and person(s) to notify in theevent of an emergency. As a matter of School practice, information in a personnel file isonly available to administrators with a direct need to know the information. Requests forrelease of personnel information, such as salary confirmations for credit applications,must be transmitted by the employee in advance, generally in writing, to the HumanResources Director before the data will be released to outside parties.To the extent health and medical information are provided to the Lycée, it will bekept in a separate insert in the Human Resources Office and access will be limited.The Human Resources Office maintains a list of employees strictly for internaluse which contains information such as names, addresses, telephone numbers, andemergency contacts. This list is for internal purposes only and is not to be duplicatedand/or distributed outside the Lycée or made available to other parties.6.2.5 Governance StructureThe Board of Trustees of the Lycée is responsible for setting goals and majorpolicies for the School, including those dealing with employee issues. The Boarddelegates responsibility for the day-to-day administration of the Lycée to the Head of the18


School, who, together with the senior administrators, directs the School in compliancewith goals set with the Board.Communications from staff to the Board of Trustees should be through the Headof School, unless there is a specific policy that provides otherwise. Generally staff shoulddiscuss issues with their direct supervisor, the head of their division, or the Head ofSchool, who are responsible for advising the Board of appropriate matters.Among the issues that staff should bring to the attention of an appropriateadministrator, who can advise the Board, is if there is a conflict or potential conflict ofinterest on the part of the individual staff member. In addition, staff should advise if thereis any unethical, improper or illegal conduct involving a member of the School’s staff,including such matters as theft of School property or funds or serious violations offinancial procedures. Reports of illegal, improper or unethical conduct will be reviewedpromptly and thoroughly and appropriate action taken where justified. No employee whoreports any illegal, improper or unethical conduct which the employee fairly believes isoccurring shall suffer any adverse treatment or retaliation. The Lycée has put in place apolicy and procedure to address reporting of improper, unethical or illegal activitybelieved to be occurring at the School and it is detailed below.6.2.6 Conflicts of Interest and Reporting Improper ActivityAll employees are expected to comply with the School’s standards concerningconflicts of interest, described fully in Section 8. Employees may not act in any mannerthat is contrary to the best interests of the School. Any violations of this policy will leadto disciplinary action, up to and including termination of employment.A procedure for addressing concerns about financial and related matters has beendeveloped by the Lycée and is part of the Appendix to this Handbook. The AuditCommittee of the Board of Trustees of the Lycée has established specific procedures toreceive and investigate complaints and concerns of anyone regarding the Lycée’soperations, accounting, internal controls, business or financial matters. The Lycée willhandle all inquiries discreetly and make every effort to maintain, within the limitsallowed by the law, the confidentiality of anyone requesting guidance or reportingquestionable behavior or a possible violation.The Lycée will not tolerate any retaliation taken against anyone who has, in goodfaith, sought advice or has reported questionable behavior or a possible violation.However, knowingly submitting a false report of questionable behavior or a possibleviolation for the purpose of harming another individual, will subject that employee todisciplinary action, up to and including termination.6.3 Classifications:Personnel at the School are classified as academic, administrative (which includesclerical staff) and Maintenance (which includes security staff). Academic employeesreceive an annual letter detailing their job assignment, compensation and certain benefits;19


additional policies and procedures are described in this Handbook. Employees classifiedas administrative and maintenance, and who are at-will staff as described at the beginningof this Handbook, will find the terms of their job in this Handbook. Employees work fulltimeor part-time unless they are temporary hires. Temporary employees are those whoare employed for short-term assignments, generally for periods of three months or less.Temporary employees are not eligible for employee benefits from the Lycée.Full-Time Academic Teachers: Full-time teachers are those who are scheduled towork, and who do work, a full time load for their individual position as defined annuallyin the letter of appointment. Full-time teachers are eligible for all benefits described inthis Handbook and contained in their letters of appointment, subject to their immigrationstatus under federal law.Part-time Academic Teachers: Part-time teachers are those who are scheduled towork, and who do work, less than a full time load and for the hours/periods definedannually in their individual letter of appointment. Part-time teachers are eligible for someof the benefits described in this Handbook and contained in their letters of appointment.Full-Time Employees – Non academic (All Other Classifications): Other fulltimeemployees are those who are scheduled to work, and who do work, thirty (30) ormore hours per week. These full-time employees are eligible for the employee benefitsdescribed in this Handbook or as otherwise determined by the School.Part-Time Employees – Non academic (All Other Classifications): Other parttimeemployees are those who are scheduled to, and do, work less than thirty (30) hoursper week. These part-time employees may be assigned a work schedule in advance ormay work on an as-needed basis. These part-time employees are eligible for some, butnot all, employee benefits described in this Handbook or as otherwise determined by theSchool.Temporary Employees – Are those individuals hired for a specific task and/or fora set time period. Except as may be specifically required by law, generally a temporaryemployee is not entitled to any employee benefits, including without limitation, healthinsurance, paid sick days, personal days, holidays or vacation. Temporary employees willbe paid through payroll and, to the extent applicable, will be subject to taxes andwithholding.6.3.1 Work Schedules:Work schedules, including hours of work, are established with each employeealthough all employees are expected to exercise some flexibility about hours. Onoccasion, when outside factors, such as weather, School activities, an appointment withan administrator, a meeting or an event, require an adjustment in the hours scheduled foran employee, the Lycée holds the employee responsible for adhering to the change as apart of the person’s job responsibilities. The School will make every effort to keep suchchanges to a minimum.20


Employees are required to swipe their identification card upon every arrival anddeparture from the School building. This permits the Lycée to be able to establish withaccuracy who is present in the building and for what period, and is a critical assist in anemergency situation. It also augments attendance records. However, arrival and departureswipe in/out times do not necessarily reflect the time an employee is at their worklocation and performing duties, since staff may arrive early as a matter of personalconvenience and may stay beyond the end of the school day voluntarily to attend astudent event or use the workout facilities. Each office and division must maintain workschedules and attendance records, and accurately report absences and actual hoursworked, as appropriate, to Human Resources.Academic Teachers: The hours of work (teaching and other responsibilities) areset forth in the teachers’ class schedule, in the letter of appointment and accompanyingwritten job description.All Other Employees (All Classifications): Specific hours of work for eachemployee will be determined by the immediate supervisor to serve the School’soperational needs. The School’s general hours of operation are set annually.Employees may be required from time to time to work beyond their regularlyscheduled work hours in order to adequately fulfill their duties. Employees may havetheir regular schedule adjusted to accommodate an event or activity. Eligibility forovertime when additional hours are worked which exceed the threshold for overtime (40hours) is described below.6.3.2 Overtime:An employee is identified either as exempt from the overtime legalrequirements, or not eligible for legally mandated overtime wage payments, or theemployee is categorized as non- exempt, and is entitled to be paid time and a half for allhours actually worked in a work week exceeding 40 hours.Academic and Administrative Directors, and certain administrators and staffemployees are considered exempt from overtime under the federal and state law becauseof their managerial, administrative or professional job duties. For example teachers, anadministrator who supervises other employees and those who exercise meaningfuldiscretion and decision-making responsibility may be exempt and therefore not eligiblefor overtime. These decisions are made on the basis of an individual’s actual job dutiesand an employee who is exempt is advised of the exempt status.Clerical and support employees (both academic and administrative) generally areconsidered non-exempt and are entitled to overtime compensation. In the event anemployee has to work in excess of 40 hours (lunch time periods are not included as timeactually worked) in a work week, the employee will be compensated at the overtime rateof one and one-half times the regular rate of pay. If an employee has to work beyond his21


or her regular 35 hour schedule, the individual may be eligible for payment for thosehours over 35 until the person reaches 40 hours at the regular rate of pay. In limitedcircumstances an employee should indicate if the employee has a strong preference tosubstitute compensatory time for overtime pay. This preference must be expressed beforethe overtime is worked and the School will consider whether the request is consistentwith the needs of the office or job duties and if the compensatory time can be takenshortly after it is earned.Maintenance and security staff members generally are non-exempt employeeseligible for overtime. These employees will be treated similarly to the non-exemptclerical and support staff, as may be adjusted based on departmental needs.Employees who are eligible for overtime pay are not permitted to work overtime(as defined in accordance with state and federal law) without prior approval from theirimmediate supervisors. Paid holidays, personal days, medical leave days, vacation timeand any other absence, excused or unexcused, do not count as time worked for thepurpose of calculating whether the employee has worked in excess of 40 hours during thework week. Similarly, swipe in and out time does not establish hours worked forcomputing overtime entitlement.The computation of hours worked and eligibility for overtime pay is appliedseparately for maintenance and security staff. Details are provided by the department.6.3.3 Inclement Weather & Emergency Closing:The Lycée follows the general guidelines for school closings set by the City ofNew York Department of Education. Generally, when New York City public schools areclosed, the Lycée also will be closed and students will not be required to attend school.The Head of School may also close the school due to inclement weather or otheremergencies on days when New York City public schools remain open. Should thisoccur, every attempt will be made to notify employees, including web siteannouncements and using local radio/TV stations. Maintenance and security staff will beasked to report to work to maintain the integrity of the school facilities. Other employeesare not expected to work during an emergency closing unless directed otherwise.With the exception of Maintenance and Security staff, absence due to emergencyclosing will be considered an excused absence for all employees and will not be chargedto earned leave time. Should an emergency closing occur while an employee is alreadyon earned leave time, i.e., medical, vacation, or personal days, the employee is notentitled to additional wages or leave time.Employees who do not report for work because of weather conditions or otherextenuating circumstances, in the absence of an official closing that day, may be chargedone day of vacation or personal leave time.22


6.3.4 School SchedulesEmployees, unless excused in accordance with established policies and practices,are required to be at School on all days classes are offered, when there are scheduledmeetings and conferences and on preparatory days. On a regular basis, staff training,orientation or meetings may be scheduled on days before the commencement of theSchool year, days when classes are not in session and days after the end of classes.Advance notice is provided. The Lycée considers these scheduled meeting days to be partof an employee’s job duties and requires employees to attend as a regular day of work.6.3.5 Use of Electronic ID CardsAs a matter of security and safety, all employees are required to swipe theirindividual electronic ID card, also referred to as a badge, when coming in/out of thebuilding at the beginning and end of the day and if they leave the building during the day.Staff are to wear their badge visibly at all times while in the building.Any persistent failure to wear the badge, to swipe in or out, (or to sign in and outif the ID card is missing or is not on the staff person) will be part of the employee’sevaluation and may result in disciplinary action. Any refusal to badge or sign in/out willresult in discipline. If an employee fails to have his/her badge more than five (5) times amonth or if a pattern of not having the badge develops, this will be included in theevaluation process and may subject the employee to discipline.An employee will be required to get a new badge promptly when one is lost andon the third consecutive day of not having a badge when at work. The first replacementbadge will be free and any subsequent badges will cost no less than $20 each.An employee may only badge in and out for him or herself and must record thecorrect time if signing in and out. Badging in/out of the building is not a substitute formaintaining separate accurate records of time worked (including the time an individualstarts work, breaks for lunch, and finishes work) for employees who are not exempt fromthe overtime laws and are eligible to receive overtime pay for additional hours worked.VII. YOUR RESPONSIBILITIES AS AN EMPLOYEE7.1 Alcohol and Drug Free Workplace:The School has a strong commitment to provide a safe, efficient and productivework environment and expects that employees will perform their duties in a manner thatprotects the interests of students, staff and the members of our community. In keepingwith this commitment, the School has a policy strictly prohibiting the use and possessionof drugs and alcohol in any manner that affects the School. This policy recognizes thatemployee involvement with alcohol or drugs can be extremely disruptive and harmful tothe School and our students. It can adversely affect the quality of work, pose serioussafety and health risks to the user and others, and have a negative impact on professional23


judgment, work efficiency and productivity. Accordingly, the School requires allemployees to be fit to perform their jobs while at work, and not be under the influence ofor impaired by alcohol or drugs. The Lycée prohibits the use or possession of alcohol orillegal drugs in the workplace or at Lycée related events or activities.No employee may use, possess, distribute, serve, share or sell alcohol or anyillegal drug while on the School’s property or while involved in School business,activities or events, whether or not at the Lycée premises. The only exception to thispolicy exists at School-sponsored functions where the serving of alcohol has beenapproved by the School. In addition, no employee may work while under the influenceof, or while impaired by, any illegal drugs or alcohol.For purposes of this policy, a drug will be considered illegal if its use is prohibitedor restricted by law and an employee improperly uses or possesses the drug, regardless ofwhether such conduct constitutes an illegal act or whether the employee is criminallyprosecuted and/or convicted for such conduct. Employees are also prohibited frommisusing or abusing prescription and over-the-counter (“OTC”) drugs while on theSchool’s property or while engaged in school business activities or events.Where the use of a medication or the effect of a treatment could have side-effectswhich impair or alter an employee’s ability to fulfill their job responsibilities, theemployee should consult with the Human Resources Director.Teachers and related staff are viewed as role models by students and, therefore,any conduct which tarnishes that professional image should be avoided. It is essential thatall employees comply fully with this policy. Employees who violate this policy aresubject to disciplinary action up to and including discharge.7.2 Confidential Information and Public Statements:7.2.1 Speaking to the Media:No employee may speak to the news media, respond to email questions or give awritten statement as an official or unofficial spokesperson of the School. All inquiriesfrom the media about the Lycée should be referred to the Head of School or the school’sDirector of Communications. In the event that you should receive a media inquiry, pleaserespond as follows: “I am not authorized to respond to your request on behalf of theLycée. Please refer your question to the Head of School (Acting Head in the Head ofSchool’s absence) or the Director of Communications.”7.2.2 Student/Parent/Alumni/Employee Confidentiality:Employees are expected, to the best of their ability, not to breach confidentialityand privacy in regard to history, records and discussions about the children and familieswe serve. The very fact that an individual is served by the Lycée must be kept privateand confidential; disclosure can be made only under specified conditions, which are24


described below, or for reasons relating to law enforcement and direct health and safetyemergencies. This means that employees shall not disclose any information about astudent, parent, or alumnus, including the fact that the person is/was/is not served by ourSchool, to anyone outside of the Lycée unless authorized to do so by the Head of Schoolor the Head’s designee.The principle of confidentiality must be maintained by staff in all programs,department functions and activities. We recognize that security breaches, bothaccidental and intentional, may occur, and therefore, the Lycée makes no promise aboutthe School’s ability to maintain confidentiality and privacy of records and information ofits students or families.As part of the School’s diligence about privacy and confidentiality, noinformation requested by someone outside the School will be given over the telephone.Employees are instructed to respond to such request with the statement: “The Schoolpolicy does not permit me to give out this information. That includes whether or not aperson is or has been served by the School.”Except as required by law, no information about students or alumni will beprovided to state, federal or other agencies that enable the identification of any person byname, address, birth date, Social Security number or other coding procedures.If records are inspected by an outside agency, the individual(s) who inspect therecords must be specifically authorized to do so by the Head of School. Except as may berequired by law, the taking of notes, copying of records or removal of records isspecifically prohibited in such cases.Employees will not discuss any student or alumni record with unauthorizedindividuals, whether on or off duty. In addition, employees should not disclose personalinformation, either in written or verbal form, which they may have learned about otheremployees in the course of their employment without the permission of the employeeinvolved and, in appropriate circumstances, from the Lycée. An employee should neverprovide any personal information about himself or herself, or another member of theschool community that might threaten the well-being, or safety of other individuals in thecommunity, or the safety and reputation of the School. When communicating with otherindividuals, employees should always exercise caution about the identity of unknownindividuals. Employees must remember that unknown individuals may not always be whothey claim to be. Finally, the School will seek to comply with the legal requirements forthe protection from disclosure of personal health information. Employees are notrestricted in their right to discuss the terms and conditions of their employment.The Lycée’s interest in protecting the privacy of the members of the community,promoting a supportive and respectful community, and maintaining high standards ofprofessionalism, means that staff should not engage in conduct which disclosesinformation about or the activities of members of the Lycée community (students or,families ), including writing about them in a public forum, providing information on25


personal social networking sites, blogs or web pages that involve references or images ofLycée students or families. Engaging in this conduct can undermine the professionalimage of a staff member and can, in extreme instances, create legal liability. The Lycéeunderstands that staff has the right to communicate about each other and their workconditions at the Lycée, but expects this to be done in a manner that does not violate thelaw, that does not harass another, discriminate against another member of the staff,involve vulgar or threatening language or intentionally include false and maliciouscontent.7.3 Communicating with Students, Families and Staff: Technology Use PolicyCommunications between Lycée staff and students and parents, andcommunications among Lycée staff about School-related matters must take place onSchool electronic communication systems (including email and social media sites)exclusively and not on personal or private systems or accounts.The Lycée’s communication systems and the equipment used to operate thecommunication systems are the property of the School and are provided for the purposesof the School conducting its operations. Communication systems shall include, withoutlimitation, the equipment, hardware and software that make up the system, internet andsimilar systems for electronic communications, telephones, email, voicemail, cell phones,Facebook, blogs, Twitter, file storage, data bases and similarly related capabilities.Use of communication systems is only for activities directly relating to theemployees’ performance of their duties and responsibilities, and the School prohibits usefor non-job-related purposes, such as to solicit or advocate for commercial ventures,political causes, religious proselytizing or other non-job-related solicitations. Incidentalpersonal use should be kept to an absolute minimum and should not interfere with theperformance of an employee’s job duties and responsibilities. The use of thecommunication systems, including computer resources, must be consistent withapplicable laws, including copyright and intellectual property, non-discrimination andpertinent criminal and civil laws.The same rules and customs that guide general behavior or staff apply when usingelectronic communications systems.7.3.1 Appropriate CommunicationEmployees’ use of Lycée electronic communication systems with students,families, faculty, administrators, and the larger Lycée community must be conductedconsistent with the conduct expected of the person while working in the School building.Rude, abusive, offensive, threatening, harassing or otherwise language or contentinappropriate to a School is not permitted. If an employee receives any rude, abusive,offensive, threatening or harassing email messages or other communication, he or shemust immediately report this situation to his or her supervisor, or the Director of HumanResources.26


7.3.2 Use of Social MediaThe Lycée has School created and School sanctioned social media sites, such asFacebook, blogs and Twitter which can be used responsibly by employees tocommunicate with students, colleagues, parents and alumni. The School will continue tobe developing these capabilities. Employees of the Lycée may not use their personalsocial networking accounts or sites, such as Facebook or Twitter, to communicate withstudents, and employees may not allow students or families access to the employee’spersonal online profiles and are not to communicate with students or their familiesthrough non-Lycée sites or accounts.Employees must remember that any material they publish on personal or publicsites may become available publicly and may not be capable of deletion from the internet.Employees must not post pictures of Lycée students on personal social media sites.Employees must remember that the content of their pages may be accessed by membersof the community even when they have taken measures to avoid such exposure, and as aresult should at all times maintain social network profiles and other online profiles (blogs,etc.) that do not undermine their work at the school and their position as role models forLycée students. Faculty members are required to exercise discretion and caution in onlineand electronic communications and content to avoid negative impact on the person’sability to do their job. The School reserves the right to hold faculty and staff responsiblefor online communications and activities that have a relationship to their role at the Lycéeand the reputation of the Lycée. As the School’s use of social media evolves, the policywill be adapted to deal with the changing circumstances.In addition, since most laptop computers and cell phones now have built in digitalcameras, employees are not allowed to use these devices at any time in the School’sbathrooms and Athletic Center locker rooms or in any similar area where there may be anexpectation of personal privacy. Electronic devices of any kind may not be used to makeaudio or video/photographic recordings at School or School-related events withoutspecific advance consent of those who are being recorded or photographed.7.4 Conflicts of Interest:7.4.1 Acceptance of Gifts:Gift Policy: An individual staff member should not accept substantial gifts orfavors, cash or cash equivalent or services from parents, students, vendors, suppliers, oranyone with whom we do business, or who is soliciting business from the school.Accepting items of value is deemed unacceptable and a serious violation of the School’spolicy. Some gifts may be of token value (not to exceed $75), and in such instances,good judgment must be used, and with the concurrence of your supervisor, these itemsmay be accepted to avoid discourtesy to the giver. Vendor promotional gifts (containingvendor’s name) which are of token value may be accepted. The School, whereappropriate, may support the existence of a group fund that accepts contributions fromparents and students and distributes a gift to each staff member.27


Holiday Fund: In many years APL has collected donations from the parent bodyfor a school-wide employee Holiday Fund and the donated funds are then distributedbefore the December break. This fund was started several years ago by the parents toshow their appreciation to employees although it is an informal and voluntary endeavor.7.4.2 Outside Activity:No employee may be employed simultaneously by the Lycée and by a customer,supplier, vendor or competitor of the School, nor may the employee do work on theirown if the work competes in any way with the services the School provides to itsstudents. If an employee is thinking of accepting any outside employment or intendingto engage in a business enterprise of her or his own, the individual must seek the approvalof the Head of School prior to making a final commitment. The School reserves the rightto deny such requests at its sole discretion. Additionally, no outside activities shouldconflict with a staff person’s visa status. Where an employee’s visa has been sponsoredby the Lycée for employment at the Lycée, the individual should hold no otheremployment. In the event the School determines that an employee is engaged in activitywhich constitutes a conflict of interest, the Lycée shall advise the employee, wherepossible, that ending or modifying the activity to eliminate the conflict will be required ifthe employee wishes to remain employed by the Lycée. Under certain circumstances theundisclosed existence of a conflict will result in more severe discipline.7.4.3 Tutoring and Other Personal Professional Activities:Students should be able to meet the demands of the academic program with thehelp of our built-in support systems. Tutoring is recommended only after other avenueshave been explored. In any event, faculty members may not tutor their own students,unless approved by the Lycée for a specific project. Further it is understood that teachingand related responsibilities take precedence over private tutoring commitments, and theSchool expects tutoring to take place at times when it does not conflict with other facultyor student academic commitments. Faculty who provide private tutoring should not do soon School premises, should be professional about commenting on a student receivingtutoring, and should avoid making comments about other students or staff members to thestudent (or the parents of the student) who is receiving tutoring. Faculty cannot writecollege letters of recommendation about a student they are tutoring.7.4.4 Financial Interest:An employee must not participate in any investment that interferes with or may beconsidered to interfere with the independent exercise of his or her judgment on behalf ofthe School. For example, no employee or member of his/her immediate family may own,directly or beneficially, any financial interest in any School supplier, if the employee is ina position to influence decisions with respect to the School’s business with that supplier.Any actual or potential conflict of this nature must be disclosed promptly to the Head of28


School so that the School may make a determination about whether or not it constitutes aconflict.7.4.5 Government and Political Activity:The School encourages employees to take an active interest in government and toparticipate in political affairs. All employees have the right to express their opinions onpolitical issues and candidates, and are also encouraged to exercise these rights. Politicalactivities of students or staff should not imply or infer that the Lycée is taking a politicalposition or endorsement and everyone must make it clear that he or she is acting as anindividual and not as a representative of the School. All political activities are to bedone as the actions of individuals, on their own time, away from Lycée facilities.Finally, no employee is allowed directly or indirectly to coerce, attempt to coerce,command or advise any other employee or student to support, pay, lend, or contributeanything of value to a party, committee, organization, agency or person for a politicalpurpose, whether directly or indirectly or use School property or facilities for anypolitical activity.7.5 Intellectual PropertyThe School complies with the intellectual property laws of the US and the globalcommunity, including the copyright and patent laws. Therefore the Lycée prohibits theillegal duplication or alteration of software or other copyrighted material. Under USfederal law, it is illegal to make or distribute copies of copyrighted material withoutauthorization from the person who holds the copyright. An exception is the users’ right tomake a backup copy of software for archival purpose. There also are certain limitedexceptions, under the fair use doctrine of the copyright law, for making and distributing alimited number of copies for teaching, scholarship, or research. The fair use doctrine hasmany restrictions and any copying should be carefully reviewed in light of controllinglaw. If you have any questions about your obligations under applicable law, pleasecontact the Head of School.Work performed by staff as part of their responsibilities for the Lycée, includingactivities such as developing curricular materials, study guides, preparing reports orstudies, developing publications or public relations materials, is and remains the propertyof the Lycée. This type of work is classified as work-for-hire belonging to the employerunder US copyright law, and it applies to all versions of the work. Therefore a staffperson may not use the material created while employed at the Lycée in its original formor as altered or modified except as part of the staff member’s work for the Lycée. Thestaff person may not make the material available to another person or organization to usewithout the express written permission of the Lycée. When a staff member leaves theemploy of the Lycée the individual may not use the material for other purposes in itsoriginal form or as altered, except that the Lycée will grant a staff person the limited rightto continue to use instructional material the staff person developed for the individual’sown classroom in subsequent teaching. This limited exception is only for the individual’s29


own classroom use and not for use by another school or organization and not forcommercial uses.7.6 Use of School Facilities, Equipment, and Supplies:The School provides employees with access to facilities such as offices, desks,files, lockers, electronic technology and communication systems (including email andinternet access), telephones, fax machines, computers, mail facilities, photocopymachines and supplies (such as letterhead), all of which are and remain at all times, theproperty of the School. These are provided for use by employees only during theiremployment and are to be used only for School business purposes. Similarly, all data,electronic files, and messages which are created, stored, sent and/or received in or by anyof the School’s systems and facilities are, and remain at all times, the property of theSchool.Each Lycée employee is given a Lycée email account and should check it forschool-related communication at least once during the school day. Upon termination ofemployment, an employee’s access to his or her Lycée email account will be terminated.There shall be no expectation of privacy when using the School’s communicationsystems, including email and computer resources. The School’s technology resources,including email accounts and computer servers, are the property of Lycée and the Schoolreserves the right to monitor, retrieve, read, access, search and review these resources,including email, data files, deleted email, email and internet communications, passwordprotected files, Internet site access logs, the downloading and printing of documents, andall communications, information and data which occur on or through the School’scommunication systems and computer resources to ensure that users are using the systemin accordance with School policies and when investigating problems. Further, thoughcommunications (including e-mail) are intended to be read only by the addressedrecipient, an employee should assume that someone other than the intended recipient mayread any and all communications and should exercise appropriate caution andprofessionalism in all communications. Accordingly, there should be no assumption orexpectation of privacy or confidentiality on any of these computer or communicationsystems, School property, facilities, or premises.The School also reserves the right to monitor, retrieve, read, review, inspect orsearch any offices, desks, file cabinets, lockers, areas of the School, or other articles(such as briefcases, handbags, and backpacks) carried on or from the School’s premises.In accordance with the School’s policies, communications through the School’ssystems must comply with the School’s policies governing communications, discussedelsewhere in this Handbook. No conduct that violates the law should occur on Schoolsystems, including without limitations violations of copyright, discrimination orharassment, privacy rights, hate speech or pornography. Employees must not downloador email music files or other copyrighted information through the School’s networkunless such files are obtained legally and are being used for a school-related project.Employees must comply with all copyright laws, including using only legally purchased30


or licensed software. If an employee is not sure about copyright restrictions, he or sheshould check with a member of the IT office or a librarian. Communications whichviolate the School’s code of conduct or the law will subject an employee to discipline.Passwords and other security systems may be employed to provide a measure ofconfidentiality, though these systems can be breached. The School must know allpasswords used on any school system and must have keys and full access to any part ofthe facilities or premises. Employees should keep individual passwords confidential andthese should not be shared with other persons not authorized to maintain password filesor not specifically authorized to have access to the specific file or system, such as asupervisor. Employees must never attempt to bypass any security system of the School’scomputer networks and electronic communications intended to interfere with or disruptthe electronic communications systems are prohibited. An employee must not access oruse another person’s E-mail account under any circumstances unless specificallyauthorized to do so.In the event an employee gains unauthorized access, intentionally or by accident,to data, documents or files belonging to another employee and/or the School, it should bereported promptly to the individual and/or the School administration, and no use or copyshould be made of the information.While all of these systems and facilities are provided solely for business use, theSchool recognizes that there may be occasions when employees must make personal useof such systems. On such occasions, use should be kept to a minimum, use should notinterfere with an employee’s work, and telephone/fax use should be for local calls only.School facilities, such as the faculty work rooms, kitchen, gymnasiums, meetingrooms and classrooms, are to be used only for the School’s business or School-sponsoredevents. Employees may not use these facilities for parties, political fund-raising events orother private functions.Employees who need to take school equipment off the premises for school-relatedpurposes may do so with prior approval of their supervisor, provided such does notnegatively affect other students or faculty.Any failure to comply with the above policies, including any abuse of theSchool’s telephones, fax machines, photocopy machines, mail, electroniccommunications systems (e-mail and internet), and computers for personal non-Schoolrelated use may result in disciplinary action, up to and including termination.7.7 Smoking in the Workplace:The School offers a smoke-free work environment for all employees. Nosmoking is allowed inside the building or in the area surrounding the School facilities.Staff smoking restrictions are the same as the restrictions placed on the studentsregarding smoking at or near the Lycée property. Employees found smoking on School31


premises or adjacent to the building will be subject to disciplinary action. This policy alsoapplies on School related trips, events and activities, even if away from School premises.Because the School may be subject to criminal and civil penalties for violations ofapplicable smoking laws, it must insist on strict adherence to this policy.School employees cannot smoke within a three (3) block radius of the school. Inaddition, employees who feel compelled to smoke are expected to do so only where theyare not likely to be observed by students.7.8 Attendance and Absences:The School relies on each employee’s consistent and punctual attendance. Allemployees are expected to be present promptly at their scheduled starting time and areexpected to continue to work until the scheduled quitting time. Whenever an employeeenters or leaves the building the employee should swipe their identification badge at thedesk so that the School has a record of who is in the building at all times for securitypurposes.Employees must contact their supervisor directly as soon as an absence ispredicted but no later than thirty (30) minutes prior to the regular starting time on anyday on which they expect to be absent from work, and as soon as they know they willarrive late for any reason. Employees should also call the Receptionist or the SecurityDesk. Notifying a fellow employee is not sufficient. If you are unable to call in or emailyourself because of an emergency, be sure to have someone call or email on your behalf.For late arrivals, please indicate when you expect to arrive. If you are unable to reachyour supervisor or the Receptionist, please call or email the Human Resources Director.Any employee who is on an excused absence for more than two (2) days due toillness or injury must submit written documentation from a doctor that the employee wasill but is able to resume normal work duties before the individual will be allowed toreturn to work.Any employee who is absent for three (3) days without notifying the School isconsidered to have voluntarily resigned without notice, as of the close of the third day. Ifthere is a pattern of absence, such as on Mondays, Fridays or the day preceding/followingholidays and vacations, you may be subject to disciplinary action, up to and includingtermination. The Lycée may determine that the absence is not excused and withholdpayment for the day as well.An employee who anticipates an absence must complete a request for the day(s)at least two (2) school days before the potential absence; the forms are available from theHuman Resources Department. An employee who has an unplanned absence mustcomplete the absence form within 48 hours after the return to SchoolFrequent lateness or absenteeism will affect your performance and may affect theability of others to complete their work. For this reason, repeated lateness or32


absenteeism, as well as failure to call in as required above, may result in disciplinaryaction up to and including termination.7.9 Dress Code / Personal Appearance:As representatives of the School, employees are expected to exhibit a neat, wellgroomedappearance. For male teachers, this means that they are required to wear a tie atall times when teaching or supervising students. Radical departures from conventionaldress or personal grooming (including, but not limited to: untrimmed facial hair on males,excessive makeup, short dresses or skirts, tank tops, shorts and shower thong-typefootwear) are not permitted. If an employee’s supervisor decides that the attire orappearance of the employee is not appropriate, the employee will be asked to go homeand change, and may be subject to appropriate discipline.7.10 Visitors and Guests:All visitors to the School must report to the Security Desk at the entrance to theSchool, sign in and obtain an identification badge. Only visitors who have business withthe School and an appointment with an employee will be allowed to enter the School.The visitor(s) will receive appropriate Visitor Identification badges from Securitypersonnel.Employees are not permitted to have guests (including family or friends) visitingthem on School premises during the school day without prior permission from theemployee’s immediate supervisor. Security should be advised in advance that anauthorized guest is expected. Guests and Visitors must sign in with security and must beaccompanied at all times by the employee they are visiting.7.11 Solicitations and Distribution of Literature:In order to maintain a proper business environment and prevent interference withwork and inconvenience to employees and students, employees may not distributeliterature or printed material unrelated to their work and duties at the Lycée, including,for example, material that is related to business, commercial or political activity, sellmerchandise, solicit financial contributions, or solicit for any other cause during worktime or in work areas. With prior permission of your immediate supervisor, Schoolbulletin boards may be used to display certain literature or printed material directlyrelated to the educational programs of the School. Employees must obtain authorizationto mention Lycée or LFNY in written or published commercial material. Employee’sright to speak personally or to engage in personal activities are not constrained by thispolicy and where an employee is identified as working at the Lycée the employee shouldbe clear that the individual is voicing personal opinions and views and is not representingthe views or the School.Non-employees are prohibited from distributing literature or printed material orsoliciting employees on the School’s premises at any time.33


12. Causing, creating or participating in a disruption of any kind duringworking hours or on the School property.13. Soliciting other employees for membership, funds, or other similar activityin connection with any outside organization during your working time orthe working time of the employee solicited.14. Distributing unauthorized literature or any written or printed materialduring working time or in work areas. (“Working time” does not includeyour meal and break periods.)15. Failure to notify your supervisor on a timely basis when you are unable toreport to work.16. Abuse of paid sick leave.17. Removing or borrowing School property without prior authorization.18. Failure to provide a physician’s certificate when requested or required todo so.19. Wearing extreme, unprofessional or inappropriate styles of dress or hairwhile working.20. Making derogatory remarks or gestures; or using profane or abusivelanguage at any time on the School premises or at School related events oractivities.21. Violation of any safety, health, or security rules.22. Working overtime without authorization or refusing to work assignedovertime.23. Committing a fraudulent act or a breach of trust under any circumstances.24. Threatening, committing or encouraging any act of violence in theworkplace or against any employee or student of the School. Workplaceviolence is not a joking matter; all statements will be taken seriously.25. Acting in a repeated disruptive, unprofessional manner that interferes withthe orderly conduct of the School.26. Failing to adhere to expectations of professional conduct and behaviorconsistent with employment by a School and which undermine theemployees’ ability to perform his or her job duties effectively.35


No statement in this list or elsewhere in the Handbook is intended to or should be takento affect the At-Will employment relationship between the School and its employees.Prohibited conduct off School premises but during School related activities will betreated as if it occurred on School premises.7.13 Safety Standards and Emergency Procedures:The School has implemented Emergency Procedures for All Personnel to addressmajor emergency situations, including building evacuation and lock-down. Employeesare required to remain current on emergency and safety procedures and be familiar withtheir individual responsibilities and obligations. The detailed procedures are provided inan Appendix to this Handbook.VIII. SALARYSalary is gross compensation, subject to mandatory and voluntary deductions,where applicable; regular deductions are described in this Handbook and detailed onsalary payment stubs. The School makes an effort to provide periodic salary increases,but these discretionary increases, including “cost of living” adjustments, may not alwaysbe possible. Applicable taxes and withholding vary for employees for a variety ofreasons, including visa status, tax treaties and the rules of individual countries; Lycéemakes every effort to comply with these different rules, but the employee remains solelyresponsible for any payments, taxes and contributions the individual is obligated to maketo a home country or non-Lycée employee plan.Teachers and academic administrators are employed by the School for a 12-monthperiod, and are paid their salary and receive benefits for the 12 months of the school year,provided the individual remains employed for the duration of the school year. A scheduleof the days the school will be in session during the academic year, as well as a scheduleof days that the school will be closed for classes, will be distributed regularly. Teachersand academic administrators are required to be at work on days the school is in session.Teachers and academic administrators will receive paid leave for scheduled holidays andschool breaks, including the summer break, when they are not required to be present atthe school and working. Except in extraordinary extenuating circumstances, teachers andacademic administrators who leave employment with the Lycée before the end of theschool year (voluntarily or involuntarily) will not be eligible to receive payment for anyunused holidays and/or school breaks that remain in the year after the individual has leftemployment. Therefore, if a teacher or academic administrator is not employed on thedate preceding a school holiday or break, the individual will not be eligible to be paid forthe break/holiday period.8.1 Pay Periods:The School’s pay period begins on the first day of the month and ends on the lastday of the month for employees.36


Except as noted below, payroll dates are set by the school annually. Salaries willbe paid semi-monthly in twenty-four (24) equal installments beginning on January 1,2013. The salary payment year is September 1 through August 31 for academic staff.The salary payment year is July 1 through June 30 for administrative, maintenance andsecurity employees. If the payroll day falls on a Saturday or Sunday, the payroll date maybe moved to the preceding weekday. In no case will the payroll date be changed toaccommodate the schedule of the employee or the School calendar, except that theDecember payroll may be paid on the last school day before the winter vacation.Direct deposit of payroll checks is encouraged, although not required; it must bespecifically authorized by the employee and direct deposit makes salary funds availablepromptly for employees. The Lycée is transitioning to paperless payroll records foremployees so that an employee can receive payroll statements electronically. Theelectronic enrollment is compulsory for staff benefiting from automatic deposit, as ofOctober 1, 2012. The School will make computer terminals available for employees usefor this purpose.Security and maintenance staff are paid semi-monthly, generally on the 15 th andthe 30 th of each month. If the day of the semi-monthly pay is Saturday, payroll is on thepreceding Friday, or Sunday, the payroll date is moved to the following Monday; at timespay periods are changed to accommodate holidays as well.Paycheck stubs should be reviewed by the employee for accuracy of amount,withholding, deductions and similar information. If you have a question or find amistake, immediately report it to the Human Resources Director, who will take the stepsnecessary to correct any error. In the event the School makes an overpayment to anemployee in error, the School reserves the right to seek to recoup the mistaken paymentfrom the employee. In the event that the School mistakenly reduces the weekly salarypayment for an exempt employee, the employee is to advise the Director of HumanResources promptly so that it may be reviewed and corrected if appropriate. Pay stubs orpaychecks will be distributed to employees in an electronic format, by direct deposit ofpaychecks, by paperless payroll record, or in hard copy, based on the employee’spreference.In the event that a hard copy paycheck is lost or stolen, immediately notify theHuman Resources Director, who will attempt to put a stop payment notice on the check.If possible, another check will be issued. Unfortunately, the School is unable to takeresponsibility for lost or stolen paychecks, and if the School is unable to stop payment onthe check, the employee alone will be responsible for such loss. If an electronic depositis not made, the employee should check with his or her bank and the Director of HumanResources promptly so that it can be corrected.37


8.2 Payroll Deductions/Adjustments:Taxes: All required deductions, such as for federal, state, and local taxes, as wellas all authorized voluntary deductions, will automatically be withheld from the paycheck.Employees should review the information listed on their Form W-4 annually. Employeesare solely responsible to insure that an adequate amount is deducted from their paycheckfor tax purposes. Employees are advised to request further information from anaccountant. Employees are responsible for their compliance with tax obligations relatedto visa status, tax treaties with other government and individual obligations.Benefits and other Voluntary Withholding: This category includes wagereductions or deductions for purposes such as the retirement plan, Metrocard program,charitable contributions, medical insurance and/or other benefits that could beimplemented in the future by the Lycée. Any change to voluntary deductions has to becommunicated to the Human Resources Director by the 10 th of each month for changes tosalary payments in the following month.Adjustments to Compensation: Employees for whom the School provides advancefunds or supplemental payments, relating to matters such as visas, relocation or travel,may be responsible for repaying all or a portion of the funds if the employee does notfulfill all the requirements for receiving and retaining the payments. As an example, anemployee who leaves employment with the Lycée early will be required to repayadvances for relocation and/or travel; as a condition of receiving the payment theemployee agrees that the Lycée has the right to seek return of the amount owed from theemployee and the employee has the obligation to return the funds.An itemized statement of all deductions from the employee’s wages accompanieseach paycheck and each employee should review the information on each pay stub. In theevent of an error by the Lycée, the School reserves the right to seek repayment promptlyand the employee acknowledges the obligation to return the funds.Reimbursements, which may include but not limited to airfare reimbursement andFrench benefits reimbursement, will be paid monthly. Additional duties/teaching forms(i.e. substituting, examinations, testing, etc.) submitted by faculty will continue to be paidmonthly. Staff classified as non-exempt will be paid with the payroll followingsubmission of approved overtime forms. In the event the payroll has been electronicallysubmitted, overtime is paid with the next available payroll.IX. BENEFITSBenefits are offered to employees based on the policy governing the specificbenefit plan and an employee’s particular benefit may vary by classification, visa status,and responsibilities.Specific terms of a benefit, including eligibility, are set forth in insurancecontracts and detailed benefit plan documents, which control what an employee is38


entitled to receive. From time to time the School makes changes in the terms andconditions of benefits. This Handbook contains only very brief descriptions of benefitsand an employee should consult with the Director of Human Resources for details andchanges.Most benefit plans offered at the Lycée have waiting periods of a year, althoughsome may have longer waiting periods. At the beginning of employment, an employee isentitled only to a set number of sick days and legally mandated benefits, such as shortterm disability, workers compensation and unemployment insurance. Employees, whobegin work after the start of the fiscal year or school year, depending upon their position,will have many benefits pro rated for the portion of the year employed.9.1 Health Insurance:The School offers Health Insurance, which may include medical, dental and/orFlexible Spending accounts, to regular full-time employees in accordance with the termsof the insurance plan in effect at the time, and the employee’s category of employment.Completion of enrollment materials is the responsibility of the employee. Failure tocomplete the appropriate forms in a timely manner may result in a delay or denial ofcoverage.Health Insurance coverage is available for regular full-time employees on anindividual or a family basis, depending on eligibility. The School and each coveredemployee share the cost of these benefits in percentages determined by the School. Formore details regarding the particulars of the School’s health plans, each eligibleemployee may obtain a copy of the School’s health plan summary booklet from theHuman Resources Director. Participating employees may also review the plan’sgoverning documents in the Human Resources Director’s office.Employees may enroll for health benefits when they begin work at the School andmay change their coverage during the annual enrollment period. The changes must bedone in accordance with the Plan. If an employee or spouse changes employment statusor experiences a significant life event (“qualifying event”), as defined in the plan, theemployee may also make appropriate changes in coverage at that time. An employeewho does not wish to be covered by any of the School’s Health Insurance programs mustsign a waiver to that effect to be included in the employee’s personnel file, along withappropriate documentation of the type of health coverage under which the employee is tobe covered.9.2 Continuation of Health Insurance (COBRA):In accordance with federal law, an employee covered by the School’s healthinsurance has the right to choose to continue coverage, at the employee’s own expense,because of a reduction in work hours or termination of employment. Continuation ofcoverage at the employee’s expense, or a dependent’s expense, is permitted by law underspecific circumstances, including if an employee with dependent coverage dies while39


covered by the School’s group insurance, the dependent spouse and children (if any) areeligible to continue group coverage as allowed by law. Further information is availablefrom the Human Resources Director. COBRA coverage may be managed by a separatecompany that administers the benefit.9.3 Life Insurance:The School pays the premium for a Life Insurance policy for eligible employees,based on the employee’s gross annual salary; eligibility for this benefit has a waitingperiod generally of one year. Details regarding this policy are outlined in the HumanResources Supplement.9.4 Retirement ProgramsThe Lycée provides a tax advantaged retirement plan under US law which isfunded by contributions from the School and the employee; there is at least a one-yearwaiting period prior to becoming a member of the plan. A supplemental retirement planwith TIAA-CREF is available for tax advantaged voluntary contributions solely fromemployees as early as the individual’s first year of employment.International and French staff also have a one year waiting period for eligibility toparticipate in a pension benefit program. The staff person may elect to participate in theSchool’s US TIAA-CREF plan or the French plan or their national plan. The Lycée willprovide staff who participate in the French plan or another international plan with thepercentage equivalent of the employee’s contribution to their plan, to a maximum amountnot to exceed the equivalent of 10% of the employee’s Lycée salary.When an employee who has been covered by a School retirement plan leavesemployment with the School, and subsequently returns, plan requirements may imposenew waiting periods or related eligibility standards.9.4.1 TIAA-CREF Regular Retirement Plan:Employees who are eligible under the provisions of the School’s current TIAA-CREF retirement plan may elect to make tax-deferred contributions, out of their grosspay, towards the School’s 403(b) retirement plan. Contributions by electing employeesare currently made at a minimum rate of 5% of gross pay, and can be made up to theannual IRS limits; the employee contributions are made with pre-tax dollars. The Lycéecontributes 10% of salary for those employees who participate in the plan. Full details ofthe retirement plan are contained in plan documents available from the Human ResourcesDirector.After the qualifying period of employment service is met, generally a one yearwaiting period, it is the responsibility of the employee to contact the Human ResourcesDirector for enrollment information and forms. The School currently contributes amatching amount for an employee who contributes to the pension plan to the employee’saccount, representing 10% of salary, as described in the plan documentation. Detailed40


information, including eligibility and vesting information, is explained in the plandocuments available from the Human Resources Director. Under certain circumstances,employees may be permitted to make rollover contributions from a previous employer’s403(b) retirement plan into the School plan.9.4.2 TIAA-CREF Supplemental Retirement Annuities and Related RetirementOpportunities:In accordance with the terms of the plan, an employee is eligible to participate inthe voluntary Supplemental Retirement Annuity program offered through TIAA-CREFupon the commencement of employment. There is no waiting period. An employee maymake contributions into the Supplemental Retirement Annuity through a salary reductionelection, in accordance with the law. The School does not match these funds and makesno contributions to the Supplemental plan. Information about other retirement andsavings products is available to employees through TIAA-CREF, including mutual funds,life insurance, and personal annuities.9.5 Professional Benefits9.5.1 Tuition Remission:Full time employees, whose children are eligible to be admitted to the Lycée,may be eligible for tuition assistance based solely on financial need. Employees will haveto apply for financial assistance by submitting a request with supporting documentation,such as the parents’ tax returns, to the Tuition Grants Committee. Employees withdemonstrated need may receive, based on the Committee determination, up to a 90%grant toward a child’s tuition, when the financial need is justified. Employees may alsobe eligible for tuition assistance from various other sources, such as the Frenchgovernment, the UN or similar Missions. Details can be obtained from the BusinessOffice.The tuition assistance formula is the same even when both parents work for theLycée.9.5.2 Professional Development:The School encourages continuing professional education necessary to maintainand improve a teacher’s skills, training and experience. As such, the School may helpdefray the costs of certain work-related classes and conferences if such classes orconferences benefit both the School and the employee.Permission for attendance at work-related continuing Professional Developmentconferences and classes should be requested as soon as the employee learns of theopportunity, preferably at the beginning of the school year, and no less than thirty (30)days in advance. To request such permission, the employee shall submit all registrationmaterials, including a written description of the conference or class, to the immediate41


supervisor, who will forward to the head of the appropriate division, any recommendationsupporting attendance at the program, including whether the employee can be permittedto attend on School time and/or whether the School will pay for some or all of the costsassociated with the class or conference. If approved by the Lycée, arrangements fortravel and lodging associated with all continuing education classes or conferences shouldbe made through the Business Office.Each individual who attends a conference, seminar and/or in-service on releasetime from work and/or at the School’s expense is expected to submit a written reportsummarizing what was covered, the date and who attended, in addition to an expensereport as described below. Expense reimbursement requests should be reviewed by theimmediate supervisor and then sent on to the Business Office.9.5.3 Expense Reimbursement:The School may reimburse an employee for expenses incurred in connection withwork-related activities and travel, such as School trips and the cost of professionaldevelopment classes and travel. Requests should be made, in advance, to your immediatesupervisor. Requests will be granted at the School’s sole discretion. Additionally,employees who seek reimbursement must substantiate all expenditures with originalreceipts. Expenses incurred without prior School approval, which are deemedunreasonable or which cannot be documented with original receipts, will not bereimbursed.Where expense reimbursement involves airplane travel, an original receipt and acopy of the airline ticket must be provided.9.5.4 Voting Leave:The School encourages all employees to vote in local, state and national elections.However, to the extent possible, employees are expected to take advantage of pollinghours prior to the beginning or following the end of their workday. If this cannot bearranged, your supervisor will approve up to two hours of late arrival or early departureto vote. Voting leave must be requested by an employee at least two (2) days in advance,and must be taken at the beginning or the end of the employee’s work day, as designatedby the employee’s supervisor, in order to minimize the disruption to the School.42


X. HOLIDAYS, VACATION, SCHOOL RECESSESAND ANNUAL PAID LEAVE10.1 Holidays:The School observes major US and French holidays on the dates listed below. Ifa holiday falls on a Saturday, generally it will be observed on the preceding Friday; if aholiday falls on a Sunday, generally it will be observed on the following Monday. Thecurrent holiday schedule generally includes, but is not limited to:September U.S. Holiday Labor DayOctober U.S. Holiday Columbus DayNovember U.S. Holiday Thanksgiving Days(Thursday and Friday)December December 25 th Christmas DayJanuary January 1 st New Year’s DayU.S. HolidayFebruary U.S. Holiday Presidents DayMay U.S. Holiday Memorial DayMartin Luther King DayJuly July 4 th US Independence DayJuly 14 thFrench National DayA specific holiday/school closing schedule is announced annually, and in certainyears, the School may be closed from December 24 th through January 1. In addition,hours may be reduced on certain days, such as in the summer.During School Recess periods, when classes are not in session, administrative,maintenance and security staff continue to work; sometimes the work schedules aremodified. School Recess periods occur in October, December/January, February andMarch/April.10.2 Vacation:Paid vacation time is provided for full time employees and may be prorated forcertain categories of part time employees. Vacation benefits vary based on whether anemployee works in the administration, support staff (such as maintenance and security) orworks in the academic program.10.2.1 Academic employees include teachers, certain academic administrators,and academic support staff. For many of these employees details on vacation time areincluded in an annual appointment letter and are governed by the yearly school calendar.In general, academic employees are granted vacation when classes are not scheduledschool-wide, although every year there are required work days on certain scheduled dayswhen classes are not occurring, such as orientation days prior to the beginning of theschool year and days at the end of the school year for completing academic duties. Inaddition, work days may be scheduled for standardized test days, in-service training,43


conferences and related academic duties. These additional required scheduled work daysfor some or all academic staff are part of an employee’s job responsibilities. However,holiday breaks, School Recess periods and a significant portion of the summer break willbe treated as vacation for academic employees and therefore these academic employeeswill not be granted vacation while school is in session. Further, academic employees haveto be employed at the start of the holiday break, recess period or the summer break to beentitled to the specific paid vacation time.Academic staff who work through the summer may be able to elect to work areduced schedule during the summer (such as a four day week). Annually the Lycée willdetermine how reduced summer schedules will be calculated for purposes of usingvacation days based on the calendar.10.2.2 Administrative, Maintenance and Security Staff:Administrative and building staff include administrative and clerical office staff (nonacademic),maintenance and security. For the purposes of calculating and scheduling paidnon-work time, such as vacation, personal days and sick days, the School uses theSchool’s fiscal year, which begins on July 1 and ends on June 30. Vacation days accrueequally on a monthly basis over the 12-month year. For example, if an employee isentitled to 15 days of vacation, the person will accrue 1.25 days of vacation on the firstday of each month, and continue the accrual throughout the year.Except as noted below, administrative, maintenance and security staff accruevacation on a monthly basis as follows:Years of Employment: 00 through 04 Two (2) Weeks [10 business days] Per YearYears of Employment: 05 through 09 Three (3) Weeks [15 business days] Per YearYears of Employment: 10 through 19 Four (4) Weeks [20 business days] Per YearYears of Employment: 20 Plus Five (5) Weeks [25 business days] Per YearNewly hired administrative and support employees will accrue vacation startingon the first day of the first full month of employment, and that hiring date (first day offirst full month) will govern the employee’s vacation entitlement thereafter. For example,an increase from two to three weeks vacation will begin the first month after theemployee has completed four full years of work based on the individual’s hiring date.Administrative and support employees are entitled to vacation time in the first year oftheir employment, although no vacation days may be requested or taken until after thecompletion of at least the first full month of employment. As a result, during the first yearof employment an employee will not accrue the full ten days for a vacation.44


Administrative, maintenance and security employees who began work beforeApril 1, 2002, retain the vacation days which were granted previously to that group ofemployees.Vacations for all administrative, maintenance and security staff are to be takenduring the summer months of June, July or August, except in special circumstances. If,because of departmental work schedules, an employee is unable to take the full vacationduring the summer, the employee may be granted permission to take the balance at a laterdate (prior to the subsequent June 30) with the written approval of the employee’simmediate supervisor and written notice to the Human Resources Director. Unusedvacation days at the end of the fiscal year generally are lost after June 30. For allemployees, vacation time must be used during the academic year it is granted in full dayincrements.Vacation requests should be made, in advance, based upon departmentalprocedures, and submitted in writing, to the employee’s supervisor. Requests are grantedupon approval of the immediate supervisor, and subject to the needs of the department.In some departments, it is necessary to schedule vacations during specific weeks of theyear and some departments designate specific weeks as “no vacation” periods. Anemployee who schedules a vacation during a week that includes a school holiday (such asJuly 14) will not be charged a vacation day for the holiday day. An employee who is onvacation when the school is closed unexpectedly, such as for inclement weather or anemergency, will not recover the vacation day.Employees who have only been employed for part of an academic year aregranted vacation days on a pro-rated basis as accrued. Administrative, maintenance andsecurity employees who leave employment before the end of the vacation (fiscal) year,will be paid for accrued and unused vacation days. In the event vacation days areadvanced and an employee leaves the Lycée before accruing the necessary days, theadvanced days will be deducted from the number of days worked for the final pay check.10.3 School Recess:The School Recess policy is reviewed regularly and may be adjusted periodicallywith regard to work schedules. School Recess periods occur during October, December,January, February and March/April.Administrative employees generally are required to work a total of ten (10) daysduring the aggregate of all School Recess periods in a school year. These ten (10)workdays must be scheduled in coordination with other members of the administrativestaff. The school generally is closed from December 24 th through January 1 st . IfDecember 24 th and/or January 1 st fall on a Saturday or Sunday, the School generally willclose either on the Monday following the Holiday or on the Friday preceding theHoliday. Workdays during School recesses for part-time administrative employees willbe pro-rated, according to their schedule.45


Academic Directors are required to work certain of these days to insure coverageduring school recesses. The calendar is decided in accordance with Head of School.Maintenance and security employees maintain their regular workday scheduleduring all School Recess periods, including the closing in December and January.Vacation days during School Recesses will only be granted for exceptional circumstancesat the discretion of the Facilities Manager.10.4 Annual Personal Use Days:In addition to providing for Holidays, Vacation, and School Recesses, the Schooloffers all full-time employees four (4) personal days per academic or fiscal year forpersonal business, such as for the employee’s wedding, or for religious or culturalpurposes, and for other events of personal significance. Part time employees and fulltime employees who start work after the beginning of the school or fiscal year, asapplicable, are granted personal use days on a pro rated basis. Unused personal use daysmay be carried forward for deposit in the Medical Leave Bank. There will be nopayment for unused personal use days at the end of any academic or fiscal year, or in theevent of termination or resignation. Personal use days may not be used for the day beforeor the day after a long weekend, a holiday or a vacation.The employee must make a written request to his or her supervisor to use apersonal use day at least two (2) business days prior to the day off from work sought(except in an emergency). School and staffing needs will be among the factorsconsidered in determining whether or not to grant the request. Each employee isresponsible to complete and submit absence forms to their immediate supervisor, asrequired by school policy.10.5 Annual Sick Days:The School recognizes that inability to work because of illness or injury maycause economic hardship. The School also recognizes that employees may require timeoff to secure necessary medical treatment or to attend to an immediate family member(defined as in the FMLA policy) with a serious illness. For these reasons, the Schoolprovides nine (9) paid sick days per year to all full time employees. Sick days accruemonthly.Each employee is responsible for notifying his or her immediate supervisor priorto the beginning of each working day when illness prevents the employee’s attendance atwork. When an extended length of absence due to illness is required, the HumanResource Administrator must be notified and kept advised of the employee’s continuedabsence. A doctor’s statement is required for more than two (2) consecutive days ofabsence due to illness or when an accumulation of scattered absences seems to establish apattern of absence. The School may request and obtain verification of the circumstancessurrounding any use of Sick days. Upon return from any absence related to illness, theemployee is required to secure and complete within 48 hours the Absence Authorization46


Form (available from the Human Resources Director). The School will require a doctor’snote permitting an employee to return to work after an extended absence due to employeeillness.There will be no payment to an employee who does not use all accrued sick daysin a year but the days may be contributed to the Medical Leave Bank up to the maximumpermitted. If an employee uses more Sick days than accumulated by the date of an illness,the School may exercise its discretion to advance paid Sick days. However, if anemployee leaves the School before accumulating sufficient Sick days to cover theadvanced days, the School may adjust the final pay check. An employee who exceeds thenumber of paid Sick days may have his or her pay check adjusted to reflect the unpaiddays. An employees who has unused Sick days is not paid for those days upon departurefrom the Lycée. Each employee is responsible to complete and submit absence formsto their immediate supervisor, as required by school policy.10.6 Unpaid Absences from Work:Lycée provides paid leave days to assist employees in balancing personal andfamily needs and obligations and medical/health problems. However, the School mustsimultaneously serve its students and provide these benefits in a fair and even-handedmanner. An employee who does not respect the requirements set for faculty and staff tobe at work will forfeit payment for unauthorized time away from School. For example,the following events generally will result in the loss of compensation:Failure of a teacher to participate in out-of-class obligations;An absence without advance permission on the day preceding or followinga long weekend, a holiday or vacation (unless a medical certificate signedby a doctor is submitted);Back to school and orientation meetings: absences during the back-toschoolmeetings and orientation meetings are treated in the same manneras an absence during the school year. An absence on the first day of themeetings is considered unpaid leave. Employees are strongly urged tomake the necessary flight/travel arrangements to insure a return on thefirst day of back-to-school meetings (unless a medical certificate signed bya doctor is submitted);A pattern of absences, such as Monday/Fridays; orAn unauthorized and unexcused absence by any employee.Employees must understand that the School maintains a record for daily absences,partial day absences and late arrivals or early departures. Generally this information isavailable from the electronic record created when an employee swipes in and out of theSchool building. An accumulation of partial-day absences and/or late arrivals/earlydepartures will result in disciplinary measures, which could include loss of compensation47


for employees not exempt from the overtime laws. It is important to remember that theelectronic record created by arrival and departure does not necessarily correlate with thetime an employee is actually at his or her work location performing job duties. Furtherinformation about absences and lateness are addressed elsewhere in this Handbook10.7 Medical Leave Bank:Lycée has created a Medical Leave Bank that permits employees to accumulate,up to a set maximum amount, their unused sick and personal days for a future medicalemergency. The Medical Leave Bank, which went into effect in July 2002, provides anadditional source of continued compensation for an employee facing a personalsignificant medical problem. It also provides recognition for employees who diligentlyfulfill their obligation to be at school serving the students. An employee’s accrued butunused annual Sick and/or Personal Use days may be carried forward and accumulated,up to a total maximum of twenty-six (26) days, in the Medical Leave Bank. Theaccumulated days will be credited to the employee’s “Medical Leave Bank account.”The Bank days may be used by the employee to provide continuing compensation inconjunction with Short or Long Term Disability Leaves. Any request for Medical BankLeave days must be submitted in writing, with supporting documentation on the reasonfor the leave, to the Human Resources Director.Upon termination or resignation of employment from the Lycée, no payment willbe made to an employee for accrued and/or unused Medical Leave Bank days or Sickdays.10.8 Religious ObservanceAn employee who seeks an adjustment to his or her work schedule due to requiredreligious observance should advise his or her supervisor as early as possible so that it ispossible to try and accommodate the request. Adjustments to work schedules will beconsidered in accordance with the legal requirements. Release time and scheduleadjustments for religious observance are unpaid; an employee is allowed to request theuse of Personal days or, where applicable, vacation days, to be able to be compensatedwhen off for religious observance. An employee may be asked to make changes in theirregular work schedule to enable the employee to be able to fulfill his or her jobresponsibilities.10.9 Release Time for Donating Blood and Bone MarrowAn employee who wishes to take time from work to donate blood off the Schoolpremises may request release time up to three (3) hours, unpaid, to do so, in accordancewith New York law. The time off cannot interfere with essential job responsibilities.An employee who wishes to take time from work to donate bone marrow mayrequest release time, up to 24 hours, unpaid, to do so in accordance with New York law.A doctor’s note, providing the amount of time needed for the procedure, is to be provided48


so that it may be scheduled in advance. The time off cannot interfere with essential jobresponsibilities.10.10 Nursing MothersAn employee who needs to be able to express breast milk during the work daywill be provided with an appropriate place to do so during the employee’s break or lunchtime, in accordance with New York law. The release time is unpaid.XI. LEAVES FROM WORKThe Lycée provides eligible employees with extended leaves for a variety ofreasons, and in compliance with legal requirements. These specialized leaves are inaddition to regular Sick days, Personal Use days, vacation, holidays and School Recessperiods. Certain of the Leaves described below provide continuation of compensation, ora portion of compensation, such as short term and long term disability leaves. Othercategories of leave are without compensation, such as the federal requirement for Familyand Medical Leave (“FMLA”). The Lycée provides for the concurrent use of manyforms of compensated leave with uncompensated leave to provide salary continuation foremployees. These different policies are described briefly in this section below butemployees who need coverage under these various policies, who seek details abouteligibility, waiting periods and benefits should consult with the Human ResourcesDirector for more detailed information.11.1 Workers’ Compensation Insurance:If you are injured on the job or become ill as a direct result of your work at Lycée,you may be eligible to receive Workers’ Compensation Insurance benefits. Theinsurance premium is paid by the School for your protection. In addition, authorized anddocumented medical expenses incurred as a direct result of your work-place injury orillness generally will be paid for by the Workers’ Compensation Insurance Plan.Determinations about whether an employee’s injury or illness is covered by Workers’Compensation and the extent of medical reimbursement are made by the Workers’Compensation insurance carrier and the New York State Workers’ CompensationDepartment.It is required that every work illness or injury, no matter how minor it may seem,be reported to your supervisor within twenty-four (24) hours of incurring the injury orillness. The immediate supervisor will fill out an accident report and send theinformation within twenty-four (24) hours to the Human Resources Director. Employeeaccidents have to be reported to Workers’ Compensation Insurance promptly (generallywithin 48 hours of the incident) for coverage to be available. It is the employee’sresponsibility to confirm with the Human Resources Director that the appropriate formshave been filed.49


Workers’ Compensation leave runs concurrently with FMLA. Therefore, anydays an employee is out of work due to a workers’ compensation injury or illness are alsocounted as FMLA days. To the extent an employee wishes to use any accrued but unusedpaid leave days (such as Sick, Personal Use, vacation) to provide for continuation ofsalary, the decision rests with the employee when he or she is out of work due to aWorkers’ Compensation injury.11.2 Short-Term Disability:Coverage for employees out of work due to a non-job related illness, injury ormedical condition, including medical conditions related to pregnancy (which isdistinguished from parenting leave to care for a new child), are governed by legallyrequired short term disability insurance. There is a separate program provided by theLycée to grant extended short term disability benefits but there is a one (1) year waitingperiod for an employee to be eligible for the Lycée extended benefit. In all circumstances,a doctor’s certification of a disability is required. Absent medical documentation, anemployee may be ineligible to receive any continuing payments while out of work. Thedetermination of the insurance carrier controls on eligibility for Short Term Disabilityinsurance. Lycée administers its extended disability program. Days out of work for shortterm disability are counted in conjunction with FMLA.New York State law requires employers to maintain short term disability coveragefor non job related medical conditions, illness and injury. The condition has to last formore then a set waiting period of seven (7) consecutive days before short term disabilitycoverage is available and it must be documented by a doctor. Most policies require thatan employee have worked for an employer for 4 weeks before the employee is eligiblefor coverage. State mandated short term disability lasts for up to 26 weeks and pays amodest weekly amount that covers a portion of regular compensation; it does not paymedical expenses. Applications for disability coverage are filed with the insurance carrierand determinations of eligibility, coverage and payments are made by the carrier. Anemployee can seek assistance from the New York State Department of Labor. Short termdisability absences run concurrently with FMLA days. A variety of Lycée-providedbenefits may provide continuation of compensation for all or a portion of the time periodan employee is out of work due to a short term disability. In circumstances where anemployee is receiving any form of salary continuation from the Lycée (such as by use ofSick days or Medical Leave Bank days), payments provided by the disability insurancecarrier are to be returned to the Lycée; an employee is not permitted to receive paymentswhich in the aggregate exceed the employee’s regular rate of compensation. However, anemployee in his or her first year of employment will likely only have the State requiredshort term disability insurance coverage available.In addition to the State required short term disability, the Lycée has an extendedbenefit for full time employees who have completed at least one full year of employmentand meet the other requirements of the policy An employee with a medically certifieddisability (as opposed to a routine illness), and who has been determined to be disabledby the carrier under the State required plan, will be eligible for compensation under a50


Lycée-designed extended plan for a period ranging up to ninety (90) calendar days; thisis separate from coverage under the short term disability insurance plan although the twowill be administered simultaneously. In addition to the legally required short termdisability coverage and the Lycée’s extended disability policy, the Lycée maintains longterm disability insurance coverage for serious long term medical problems faced by anemployee. The insurance is described below.The School provided extended disability plan has a one year waiting period;therefore an employee must have completed one full year (12 months) of full timeemployment with the Lycée to be eligible for the benefit. In addition, an employee whohas had the benefit of the Lycée extended disability plan has to work another full year offull time employment to be eligible for the benefit again. The School-provided disabilitycompensation begins after an employee with a medically certified disability hasexhausted all of the following accrued paid and unused leave time, sick days, personaldays, vacation (if eligible) and Medical Leave Bank. Once the employee has exhaustedthe other paid time off days, the Lycée extended disability benefit will provide up toforty-five (45) calendar days of full compensation at base salary. The employee will haveto remain disabled during this period, as certified by a doctor. When the 45 calendar daysof full compensation have been exhausted, the Lycée will provide up to an additional 45calendar days of compensation at half the base rate of compensation if the employeescontinues to be disabled as certified by a doctor and the short term disability carrier. Anabsence due to a disability beyond these time periods will not be further compensateddirectly by the School, except as required by law or provided by the short term disabilityleave insurance carrier or the Lycée’s long term disability policy if the employeequalifies for that coverage. An employee, who is unable to return to work due to adisabling condition, may be eligible to apply for Lycée’s Long Term Disability coveragedescribed below. Under no circumstances, however, would the extended short termdisability leave provided by Lycée under this payment policy extend beyond ninety (90)calendar days.The Lycée’s extended short term disability coverage is available for one disabilityincident during the school year. Therefore an employee who returns from disabilityhaving used all or a portion of the Lycée’s extended plan, and who has a reoccurrence ofthe same disability condition within the school year, may use any remaining days fromthe Lycée extended plan. However, if the employee has a new disability condition arise,they Lycée’s extended plan will not be available a second time. An employee who hasbenefited from the Lycée extended plan must work an additional full school year to become eligible for the benefit again.If during the time the employee receives full or partial salary for a disablingcondition from the Lycée, the employee also receives compensation from the School’sdisability insurance carrier(short term or long term insurance), the employee will berequired to reimburse the School for any amounts over and above the full base monthlycompensation. An employee may not receive compensation while on disability whichexceeds the employee’s base monthly salary.51


Short term disability from the insurance carrier and the School’s extendeddisability benefit are provided for covered employee medical conditions, illness andinjury, including medical conditions related to pregnancy and child birth. These benefitsare not available for parenting leave to care for a new child or for the care of an illspouse, dependent or parent.11.3 Long Term Disability:The School pays the premiums for a Long Term Disability policy for eligible fulltime employees; generally an employee must have worked at the Lycée for one yearbefore the individual is eligible for coverage. In addition, long term disability insurancedoes not become effective until an employee has exceeded the time period for short termdisability. Long term disability insurance provides a percentage of an employee’scompensation for an extended period when an employee is certified as disabled under theterms of the long term insurance policy. Details regarding this policy are outlined in theHuman Resources Supplement and from the Human Resources Director.11.4 Parenting Leave:Parenting leave, which is distinct from a medical disability which arises frompregnancy, is granted to an employee (male or female) upon the birth or placement foradoption or foster care of a child in the employee’s home. Parenting leave days arecounted concurrent with FMLA time and all FMLA rules govern parenting leave.Parental leave is uncompensated unless the employee has available accrued but unusedpaid leave days such as sick days, personal use days or vacation days (if applicable).The maximum parenting leave provided is sixty (60) work days, as consistentwith FMLA; this is reduced by any days used for medical disability prior to electingparenting leave. Leave may be shared if both parents are employees of the School, but thecombined days of leave for the two employees may not exceed 60 days.11.5 Family Medical Leave Act of 1993 (FMLA):In recognition of the need of our employees to balance their work commitmentwith their familial responsibilities, the School has adopted the following family andmedical leave policy in compliance with the Family and Medical Leave Act of 1993(“FMLA”). This policy is administered in coordination with the School’s other leavepolicies, such as short-term disability, parenting, and workers compensation leaveoutlined in this Handbook, and is intended to run concurrently with all other leaves.All full-time employees and certain part-time employees who meet the eligibilityrequirements are covered by FMLA. To be eligible, an employee must have beenemployed by the School for at least 12 months and have worked at least 1,250 hoursduring the 12-month period prior to the date requested for leave to begin. FMLA allowsan employee to take up to 12 weeks of unpaid leave for the birth or placement foradoption or foster care of a child; for the care of a child, parent or spouse with a serious52


health condition; or for the employee’s own serious health condition or incapacity due topregnancy, prenatal childcare and childbirth; these terms are defined by the FMLA law.Eligible employees with a spouse, son, daughter, or parent on active duty or calledto active duty status in the National Guard or Reserves in support of a contingencyoperation may use their 12-week leave entitlement to address certain qualifyingexigencies. Qualifying exigencies may include attending certain military events,arranging for alternative childcare, addressing certain financial and legal arrangements,attending certain counseling sessions, and attending post-deployment reintegrationbriefings.FMLA also includes a special leave entitlement that permits eligible employees totake up to 26 weeks of leave to care for a covered service member during a single 12-month period. A covered service member is a current member of the Armed Forces,including a member of the National Guard or Reserves, who has a serious injury orillness incurred in the line of duty on active duty that may render the service membermedically unfit to perform his or her duties for which the service member is undergoingmedical treatment, recuperation, or therapy; or is in outpatient status; or is on thetemporary disability retired list.11.5.1 Duration and Timing of Leave:An employee may take up to12 weeks of family and medical leave in a 12-monthperiod. The 12-month period will be measured on a “rolling” basis beginning on the datean employee first takes family or medical leave. For example, if an employee takes sixweeks of leave commencing on April 1, and then returns to work, the employee will beentitled only to another six weeks of FMLA leave through March 31 of the next year. Ifyou and your spouse are both School employees, the 12 weeks may be aggregatedbetween both employees for leaves dealing with a new child and care for parents.When medically necessary, an employee’s 12-week leave period may be takenintermittently or on a reduced schedule basis, such as for medical treatment or therapy.Intermittent leave is not routinely available for parenting leave and will require specificauthorization, if feasible. Whenever you require intermittent or reduced schedule leave,you must attempt to schedule your leave so as not to disrupt the School’s operations. TheSchool reserves the right to assign you temporarily to an alternative position withequivalent pay and benefits that better accommodates your intended leave schedule andthe School’s operations.11.5.2 Substitution of Paid Leave:FMLA leave is unpaid. However, an employee on a leave that falls withinFMLA will be required to use concurrently their accrued but unused paid leave time,including personal, vacation and sick days. Under certain circumstances, an employeewith a significant long term medical problem may seek to use Medical Leave Bank daysfor the employee’s absence. FMLA leave time also will run concurrently, where53


appropriate, with Lycée paid extended short term disability leave program, and withmandatory Workers Compensation and Short Term Disability leave from the insurancecarriers.For purposes of this policy and the Lycée extended short term disability plan thereference to paid vacation is for employees who accrue vacation and not employee’swhose vacation is defined by periods when the classes are not in session.11.5.3 Notice:If your need for family and medical leave is foreseeable, you must notify yourHead of your division or immediate supervisor and the Human Resources Director at last30 days in advance of the leave. If your need for leave is not foreseeable, you mustnotify immediately your immediate supervisor, Head of your division and the HumanResources Director, usually not later than one to two days after you become aware of theneed for leave or are out with a FMLA qualifying problem.If the need for leave is foreseeable and you fail to give the requisite notice, theSchool may delay the commencement of your leave until 30 days after notice is given.11.5.4 Continuation of Health Benefits:The School will continue your coverage under our health benefits plan at the samelevel of coverage you were receiving prior to taking leave, subject, of course, to anychanges for active employees which become effective while you are on unpaid leave.You will remain responsible for the timely payment of your portion of your health benefitpremiums. Payments will be due monthly on the same schedule as payments are madeunder COBRA. You may, if you wish, prepay your benefit premiums. If your premiumpayments are more than 30 days late, your health benefits coverage may be suspended.The School reserves the right to pay your share of any missed premium payments andrecover the portion of the premium payment from you. Under certain circumstances, theSchool may seek to recover premium payments if you do not return to work after aFMLA leave. You will retain coverage upon reinstatement.The School’s obligation to maintain your health coverage under FMLA will ceaseonce you unequivocally indicate your intent not to return to work. However, you may beeligible to elect continuation of coverage under COBRA, which is at the employee’sexpense.11.5.5 Certification:If your leave is due to your own serious health condition or the serious healthcondition of your child, parent, or spouse, you must provide the Human ResourcesDirector with medical certification from a health care practitioner within fifteen days ofthe time of your request for leave. You will be required to recertify your illness or your54


family member’s illness every 30 days. If the validity of your certification is in doubt,you will be required to obtain a second opinion at the School’s expense.You will be required to submit monthly status reports indicating your intent toreturn to work and the expected date of your return.If your leave is due to your own serious health condition, you will be required tosubmit a “fitness-for-duty” report from your doctor before returning to work, certifyingthat you are able to resume your job responsibilities.11.5.6 Reinstatement:If you return to work prior to or at the conclusion of your FMLA leave, you willbe reinstated in the same or an equivalent position provided you have a return to workclearance from your doctor and can resume the essential tasks of your position. Thismeans your position will have the same or equivalent duties, privileges, work scheduleand status. You will also be reinstated at the same level of compensation and benefits,subject to any changes made while you were on leave.Your reinstatement is not guaranteed if you do not return to work at the end ofyour FMLA leave or if you would not have been employed at the time of reinstatementeven if you had not taken leave. If you are unable to resume work at the conclusion ofyour FMLA leave due to your continuing medical disability certified by a doctor, andwish to request additional unpaid leave, you must advise the Lycée of the request inwriting at least two (2) weeks before your FMLA leave concludes and provide thenecessary information about an expected date of return. The Lycée will consider yourrequest and advise of its determination, consistent with the legal requirements of thedisability laws and the School’s needs to meet the needs of its students. Informationpertaining to discretionary leave appears below. Additional leave time after the expirationof FMLA must be requested in advance and supported by documentation from yourdoctor. If you do not return to work at the end of FMLA and make no advance request foradditional leave, the assumption will be that you have determined you are not returning toyour position.11.5.7 Misrepresentation:Any misrepresentation made by you or a health care provider on your behalf inconnection with your request for, or continuation of, family and medical leave willsubject you to disciplinary action up and including discharge.Please contact the Human Resources Director for additional FLMA details.11.6 Jury Duty:If you are called for jury duty, or subpoenaed for witness service not related towork, you will be allowed the necessary time off. You must notify the Human Resources55


Director immediately upon receiving notice of being called to jury duty or receiving asubpoena to testify as a witness at trial and provide a copy for the Human ResourcesOffice. You should bring any jury duty notice to the Human Resources Directorimmediately after it is received. Employees should seek a deferment of jury service to aSchool break or vacation period to minimize interference with School instructional andclassroom duties. Additionally, you must obtain a Certificate of Jury Service from thecourt and turn it in to the Human Resources Director upon returning to work.Employees will be paid base salary at their normal rate during jury service asrequired by law, and up to a maximum of ten (10) work days. Any payment made by thecourt system to the employee for days when salary is provided must be returned to theLycée; the employee may retain payments made by the court for days when Lycéecompensation is not available.An employee serving on a jury must keep in touch with the School on a dailybasis so that arrangements can be made to cover the employee’s job responsibilitiesduring the period of jury service. An employee on “standby” is expected to work untilbeing called to the court.An employee dismissed by the court on any workday before the end of theemployee’s regular Lycée work schedule is expected to return to work, provided suchdismissal occurs in sufficient time for the employee to return to the School at least twohours prior to the conclusion of the workday.11.7 Funeral (Bereavement) Leave:Employee Bereavement Leave of one (1) to five (5) days may be allowed inconnection with a death in the immediate family, which is defined for this purpose tomean spouse, children, parents, grandparents and siblings or the death of someoneserving in the same significant capacity. Criteria for the amount of time allowed includesa variety of factors, including but not limited to, the need for out-of-town travel,responsibility for handling funeral arrangements and religious observance.Documentation confirming the death is to be provided to the Human Resources Office.11.8 Military Leave:Employees who serve in federal or state military units will be granted all therights provided by law at the time of their leave. Unless required by law, military leave isgenerally without compensation. These employees may use personal use days andaccrued but unused vacation time if they wish to continue compensation; however, theyare not obligated to do so.You are expected to notify your supervisor as soon as you are aware of the dateyou will be on duty so that arrangements can be made for your replacement during thisabsence.56


Employees called to active compulsory service may retain certain reinstatementrights, which the School shall comply with as required by law.11.9 Additional Discretionary Leave.The Lycée reserves the right to grant an additional period of leave, which extendsa leave category described above or for other significant reasons. Although this generallycan only be done in rare and compelling circumstances, an employee who seeks suchdiscretionary leave should make a specific request as soon as the individual realizes sucha leave may be necessary. The leave will be for a defined and limited period and withoutcompensation or paid benefits. Under some circumstances a request for additional leavewill be granted consistent with applicable law and regulations.XII RESIGNATION AND TERMINATION OF EMPLOYMENT12.1 Notice:Employees, other than classroom/academic staff, who desire to terminate theiremployment relationship with the School, are urged to notify the School at least two (2)weeks in advance of their intended termination. Such notice should be given in writing toyour supervisor and the Human Resources Director. The School reserves the right toprovide an employee with the two weeks compensation and relieve them of theirresponsibilities after receiving notice of a resignation.Employees involved in academic instruction are required to meet their obligationsfor the School year and to remain in their position until the conclusion of the school year.Academic employees must provide notice as early as possible if the employee does notintend to return the following School year in a situation where the employee already hasaccepted re-employment with the Lycée for the subsequent year. An Employee who doesnot wish to be considered for re-employment should advise the Lycée of that decision assoon as it is made but no later than the date announced by the School for notice that anEmployee does not want to return to the Lycée.As stated in this Handbook, employment relationships with the School are on an“At-Will” basis. Although it is hoped that the relationship with employees will be longtermand mutually rewarding, the School reserves the right to terminate the employmentrelationship of At-Will employees at any time and for any lawful reason. Further,appointments to teaching and academic positions are for the specific school yearappointed, and subject to the terms of the appointment. There is no automaticreappointment.12.2 Health Insurance Continuation:If you leave employment with the School, you may be eligible to continue healthinsurance coverage by paying the premiums for medical benefits. The Human ResourcesDirector will provide you with detailed information regarding your health insurance57


continuation rights under COBRA within a few days after your termination. If you donot receive this information timely, it is your responsibility to notify the HumanResources Director immediately.12.3 Departure Interview:Upon notice of resignation, or upon the School’s decision to terminateemployment, the Human Resources Director may schedule a Human resources departureinterview with the departing employee. This interview provides an employee with anopportunity to discuss any questions or issues relating to your departure, includingquestions about benefits and insurance. At the time of the interview, you will be asked toreturn all School property, including materials and documents you received or generatedduring employment, including but not limited to I.D. cards, computer equipment, datafiles, keys, cellular phone, credit cards, files and all confidential and proprietaryinformation. There may be additional exit interviews with administrators from time totime.12.4 Releasing Job References:All requests for information about a current, retired or terminated employee mustbe referred to the Human Resources Director, who may disclose to prospective employersonly the former employee’s dates of employment and final title or position. With theformer employee’s permission, the Human Resources Director may confirm a salaryhistory. Generally, other information may only be released if the School is compelled todo so by law.Further the Lycée is not under any obligation to provide any reference for ateacher, and the Lycée reserves the right to make appropriate notification that a teacherhas not fulfilled his or her teaching commitment to the School. In some instances, theSchool may agree to provide a letter of reference subject to the employee signing awaiver.12.5 Final Pay Check:Employees will receive their final paycheck within the time required by law.Any payments owed for accrued but unused time or overtime shall be paid out also. Anyadvances on vacation or sick time not earned by the termination of employment mayresult in an adjustment from the final paycheck.12.6 Visa Status on Termination of EmploymentEmployees whose visa status is dependent upon the employee’s employment bythe Lycée will have their visa status ended by the US government with their terminationof employment. Since a visa sponsored by the Lycée for an employee to work at theLycée is based on continued employment, when employment ends the visa will endsimultaneously.58


APPENDIX 1REPORTING SUSPECTED CHILD ABUSE OR MALTREATMENTPROCEDURES WHEN THE SUBJECT OF THE REPORT IS APARENT OR OTHER PERSON LEGALLY RESPONSIBLE FORTHE CHILD’S CAREPrivate schools, like public schools, are covered by the New York Social Services Lawprovision which requires school officials to report suspicions of child abuse,maltreatment or neglect in the home. School officials are “mandated reporters,” as areregistered nurses and physicians. A school official includes, but is not limited to, aschool teacher, school guidance counselor, school psychologist, school social worker,school administrator or other school personnel required to hold a teaching oradministrative license or certificate. Even if your school, as a private school, does notmandate certification for all teachers, anyone who holds a position that would beconsidered a school official in a public school setting is a school official for purposes ofreporting suspected abuse or neglect of a child. School staff who are not licensed orcertified, such as aides or office personnel, are expected to report suspected abuse orneglect to the Head of School or other school official, who will then function as themandated reporter. This means that they are required to report cases of suspected childabuse or maltreatment when they have reasonable cause to suspect that a child comingbefore them in their professional or official capacity is an abused or maltreat child andhave reason to believe that the abuse or maltreatment has been inflicted by a parent orother person legally responsible for the child’s care.The staff member who first suspects abuse or maltreatment of a child is the “mandatedreporter” under the law, and therefore is the person who must make the initial report tothe State. Prior consultation with the Head of School, or the person designated by theHead, is encouraged, but if neither can be found immediately, or if there is reason tobelieve that any delay in reporting may risk further harm to the child, the staff membermust report the suspected abuse or maltreatment even before informing the Head ordesignee. The report is made to the New York Statewide Central Register (SCR) of ChildAbuse and Maltreatment which will, in turn, forward the information to the local childprotective services – in New York City this is the Administration for Children’s Services,or ACS.A Head of School may not deter a mandated reporter from reporting suspected abuse orneglect if the staff member has a good-faith basis for the suspicion.An oral report must be made to SCR as soon as possible after the mandated reporterreceives information which creates a reasonable suspicion of abuse or maltreatment. Thehotline number is 1- 800-635-1522 or 1-800-342-3720. If there has been no contact froma child protective worker before the end of the school day and there is reasonable cause tobelieve that a child will be in imminent danger upon returning home, the School shouldalso call the police or 911.59


Within 48 hours of the oral report, a mandated reporter must file a written report withSCR. A copy of the reporting form may be downloaded athttp://www.ocfs.state.ny.us/main/cps/.Immediately after making the oral report, the mandated reporter must make an internalreport to the Head. This report should include, or may simply be, the form submitted toSCR, with the addition of the date and time of the initial, oral report. Once the initialreport has been submitted, the Head, or designee, is the contact person for SCR and isresponsible for all follow-up related to the report. The Head will keep a copy of theinternal report as well as the written report submitted to SCR (these may be identicalreports). The report should be kept in separate files maintained by the Head and shouldnot be kept or in any way integrated with a child’s educational record.A report to SCR should include the name, title, and contact information for every staffmember who is believed to have direct knowledge of the allegations in the report. Ifabuse is suspected, the School Nurse may take photographs of areas of trauma that arevisible. Once a report is made, the School will make education records available at therequest of SCR and will cooperate in the investigation.Mandated reporters are immune from civil liability if the person reporting makes a goodfaithreport of suspected abuse or neglect. However, a mandated reporter who knowinglyand willfully fails to make a required report may be subject to criminal prosecution for aclass A misdemeanor and to civil damages. The Social Services Law providesconfidentiality for mandated reporters, and sources of child abuse and maltreatmentreports will not be released to the Parent.Child abuse and maltreatment include physical abuse, sexual abuse and neglect. Inassessing whether there is a basis for a report, mandated reporters should trust theirinstincts as professionals who work with children on a day-to-day basis. Training inrecognizing the signs of abuse or maltreatment is now required for mandated reporters aspart of the process of obtaining certification as a teacher, administrator, assistant teacheror related services provider.Who is Obligated to Report All school officials are mandated reporters. School officials are defined as ateacher, school guidance counselor, school psychologist, school social worker,school nurse, school administrator or other school personnel required to belicensed or certified.How to Report The mandated reporter must call the child abuse hotline at 1-800-635-1522 or 1-800-342-3720 as soon as possible.60


If the School has not heard from a child protective worker by the end of theschool day and there is reason to believe the child will be in danger if he or shereturns home, the Head of School or designee will also call 911. The mandated reporter must report the basis for the SCR report to the Head ofSchool or designee, ideally immediately upon suspicion and generally prior to theSCR report. If the Head or designee cannot be promptly informed, the mandatedreporter must call SCR. The mandated reporter must fill out a written reporting form. This form must besubmitted to SCR within 48 hours of the report. This internal report should bekept by the Head and the Head or designee becomes the contact person for SCRand ACS.61


APPENDIX 2Reporting Improper Activities at the LycéePolicy and ProcedureLycée Français de New York complies with all local, state and federal laws andregulations and strives to create an environment in which the members of the schoolcommunity can raise reasonable concerns and grievances about improper activities aswell as serious violations of Lycée policies and procedures without fear of threat orretaliation. Lycée maintains its own internal controls and operating procedures designedto prevent or deter violations or improper acts. However, the Lycée also relies on themembers of its community – teachers, staff and administrators – to maintain thisimportant commitment to integrity.Lycée recognizes that intentional and unintentional violations of policies, procedures,regulations and laws may occur and may constitute improper activities. The schoolacknowledges its responsibility to create an environment where these improper activitieswill be reported, investigated and, when found credible, appropriate remedial steps willbe taken to correct the improper actions and deter future violations.All employees are strongly encouraged to report, either orally or in writing, any concernor issue that may constitute:- Instances of fraud- Unethical business conduct- Falsification or misuse of information, records or documents- Violation of federal, state or local laws- OSHA (Occupational Safety and Hazard Act) concerns or specific danger toan individual or group of individuals- Unfair treatment or discrimination in employment or provision of services- Breach of a Conflict of Interest- Abuse of power or authority for any unauthorized or ulterior purpose- An unlawful act whether civil or criminal- Any other act or violation that breaks school rules or policies.While this list cannot include the entire range of improper activities which could arise, itidentifies the types of concerns that this policy is designed to address.It is everyone’s responsibility to safeguard the school’s high standards and report actualor suspected violations. No member of the community who in good faith reports aviolation or suspected violation will suffer any detriment, harassment, retaliation oradverse consequences.Individuals who wish to report violations or suspected violations, or any concern of anytype of a potential or actual improper activity, may do so either in writing or orally. Inthe normal course of events at the school an employee would contact his or her62


immediate supervisor or Department Head. For reporting these concerns, an employeemay also contact the Chief Administrative and Financial Officer or the Director ofHuman Resources. If it is not feasible to report concerns through these normal lines forcommunicating, a member of the community may also make a report directly to, or bysending a sealed envelope to the CAFO or Director of Human Resources. An employeemay make the report in a manner that identifies the person providing the report oranonymously. The advantage of providing identification is that the school can makefollow-up inquiries to investigate thoroughly. However, every effort will be made tohandle anonymous reports in the same manner as signed reports, although it may be moredifficult to investigate such a report. A file will be maintained by the Assistant Secretaryof the Board for the purpose of documenting resolution to reported violations orsuspected violations.In addition to the above process, the Audit Committee of the Board of Trustees of theLycée has established the following procedures to receive and investigate complaints andconcerns of anyone regarding the Lycée’s accounting, internal controls or financialmatters. Any and all concerns can be reported to the Chair of the Audit Committee atauditcommittee@LFNY.org. Only the Chair of the Audit Committee and his/herdesignees will have access to such email. If one wishes to send an anonymouscorrespondence, please send a letter to the Chair of the Audit Committee, Lycée Françaisde New York, 505 East 75 th Street, New York, NY 10021. Please mark the envelope as“Confidential and Urgent.” All correspondence received for the Chair of the AuditCommittee that is marked “Confidential and Urgent” will be forwarded to the Chairunopened. The school will take appropriate action where it finds a documented case of aviolation of a school policy or procedure, and sanctions can include discipline up to andincluding termination. In addition restitution or repayments could be imposed. Undercertain circumstances a matter may be referred to government authorities.The school will make an effort to maintain records of the reports, to share information asappropriate about the effort to promote compliance and ethical conduct with theappropriate school leaders, and to document how it resolves reports of suspected or actualviolations. The Lycée will handle all inquiries discreetly and make every effort tomaintain, within the limits allowed by the law and consistent with a thorough review, theconfidentiality of anyone requesting guidance or reporting questionable behavior or apossible violation.The Lycée will not tolerate any retribution or retaliation taken against anyone who has, ingood faith, sought out advice or has reported questionable behavior or a possibleviolation. However, knowingly submitting a false report of questionable behavior or apossible violation for the purpose of harming another individual, will subject thereporting employee to disciplinary action, up to and including termination.63


APPENDIX 3COMPLYING WITH NYS LAW ONCRIMINAL CONVICTION RECORDSThe Lycée will comply with the law governing the use and application of recordsof criminal convictions and pending criminal charges. Applicants and employees arerequired to disclose this information accurately and fully to the Lycée for review. Acriminal conviction and/or pending criminal charge do not automatically disqualify anindividual from consideration for employment or continued employment. The Lycée willassess information about criminal convictions or a pending criminal arrest on the basis ofthe factors stated below in the New York law to make its determination. However, thefailure to disclose full and timely is a breach of a Lycée policy and will subject theindividual to disciple up to and including loss of employment, withdrawal of an offer ofemployment or rejection of an applicant. Set forth below is the applicable law on theissue.ARTICLE 23-ALICENSURE AND EMPLOYMENT OF PERSONS PREVIOUSLYCONVICTED OF ONE OR MORE CRIMINAL OFFENSES§ 750. Definitions. For the purposes of this article, the followingterms shall have the following meanings:(1) "Public agency" means the state or any local subdivision thereof,or any state or local department, agency, board or commission.(2) "Private employer" means any person, company, corporation, labororganization or association which employs ten or more persons.(3) "Direct relationship" means that the nature of criminal conductfor which the person was convicted has a direct bearing on his fitnessor ability to perform one or more of the duties or responsibilitiesnecessarily related to the license, opportunity, or job in question.(4) "License" means any certificate, license, permit or grant ofpermission required by the laws of this state, its politicalsubdivisions or instrumentalities as a condition for the lawful practiceof any occupation, employment, trade, vocation, business, or profession.Provided, however, that "license" shall not, for the purposes of thisarticle, include any license or permit to own, possess, carry, or fireany explosive, pistol, handgun, rifle, shotgun, or other firearm.(5) "Employment" means any occupation, vocation or employment, or anyform of vocational or educational training. Provided, however, that"employment" shall not, for the purposes of this article, includemembership in any law enforcement agency.§ 751. Applicability. The provisions of this article shall apply toany application by any person for a license or employment at any public64


or private employer, who has previously been convicted of one or morecriminal offenses in this state or in any other jurisdiction, and to anylicense or employment held by any person whose conviction of one or morecriminal offenses in this state or in any other jurisdiction precededsuch employment or granting of a license, except where a mandatoryforfeiture, disability or bar to employment is imposed by law, and hasnot been removed by an executive pardon, certificate of relief fromdisabilities or certificate of good conduct. Nothing in this articleshall be construed to affect any right an employer may have with respectto an intentional misrepresentation in connection with an applicationfor employment made by a prospective employee or previously made by acurrent employee.§ 752. Unfair discrimination against persons previously convicted ofone or more criminal offenses prohibited. No application for any licenseor employment, and no employment or license held by an individual, towhich the provisions of this article are applicable, shall be denied oracted upon adversely by reason of the individual's having beenpreviously convicted of one or more criminal offenses, or by reason of afinding of lack of "good moral character" when such finding is basedupon the fact that the individual has previously been convicted of oneor more criminal offenses, unless:(1) there is a direct relationship between one or more of the previouscriminal offenses and the specific license or employment sought or heldby the individual; or(2) the issuance or continuation of the license or the granting orcontinuation of the employment would involve an unreasonable risk toproperty or to the safety or welfare of specific individuals or thegeneral public.§ 753. Factors to be considered concerning a previous criminalconviction; presumption. 1. In making a determination pursuant tosection seven hundred fifty-two of this chapter, the public agency orprivate employer shall consider the following factors:(a) The public policy of this state, as expressed in this act, toencourage the licensure and employment of persons previously convictedof one or more criminal offenses.(b) The specific duties and responsibilities necessarily related tothe license or employment sought or held by the person.(c) The bearing, if any, the criminal offense or offenses for whichthe person was previously convicted will have on his fitness or abilityto perform one or more such duties or responsibilities.(d) The time which has elapsed since the occurrence of the criminaloffense or offenses.(e) The age of the person at the time of occurrence of the criminaloffense or offenses.65


(f) The seriousness of the offense or offenses.(g) Any information produced by the person, or produced on his behalf,in regard to his rehabilitation and good conduct.(h) The legitimate interest of the public agency or private employerin protecting property, and the safety and welfare of specificindividuals or the general public.2. In making a determination pursuant to section seven hundredfifty-two of this chapter, the public agency or private employer shallalso give consideration to a certificate of relief from disabilities ora certificate of good conduct issued to the applicant, which certificateshall create a presumption of rehabilitation in regard to the offense oroffenses specified therein.§ 754. Written statement upon denial of license or employment. At therequest of any person previously convicted of one or more criminaloffenses who has been denied a license or employment, a public agency orprivate employer shall provide, within thirty days of a request, awritten statement setting forth the reasons for such denial.§ 755. Enforcement. 1. In relation to actions by public agencies, theprovisions of this article shall be enforceable by a proceeding broughtpursuant to article seventy-eight of the civil practice law and rules.2. In relation to actions by private employers, the provisions of thisarticle shall be enforceable by the division of human rights pursuant tothe powers and procedures set forth in article fifteen of the executivelaw, and, concurrently, by the New York city commission on human rights.66


APPENDIX 4SCHOOL SAFETY STANDARDS AND PROCEDURESSafety Standards and Emergency Procedures:The School has implemented Emergency Procedures for All Personnel to addressmajor emergency situations, including building evacuation and lock-down. . Employeesare required to remain current on emergency and safety procedures and be familiar withtheir individual responsibilities and obligations. In addition to the material below, theSchool has a detailed safety protocol and emergency procedures that augments theseprocedures and are available from the major administrative offices.General:Since the School strives to ensure a safe workplace, it will be the responsibility ofeach employee to adhere to the following:Work according to good safety practices as posted, instructed and discussed.Refrain from any unsafe act that might endanger oneself, the students we serve orco-workers.Use all safety devices provided for his or her protection – failure to comply withsafety requirements could result in immediate dismissal;Report any unsafe situation or acts immediately to a supervisor; andAssume his or her share of the responsibility for thoughtless or deliberate acts thatcause injury to oneself, co-workers, or those whom we serve.Fire Prevention:Electrical equipment should be turned of when not in use.Employees should notify the supervisor of any equipment that has crackedor exposed wiring that may cause a shock or emit sparks, or appears to bea potential fire hazard.Any equipment brought to the School by an Employee for use atSchool must be reviewed by the appropriate School administrator forcompliance with safety and code regulations.67


Fire Emergency:Employees should familiarize themselves with the location of fire exits,alarms, and fire extinguishers.If an employee sees smoke or fire, the fire alarm should be pulled to alertthe people on the floor and in the building. If it is a small fire, a nearbyfire extinguisher may be used as necessary.Periodically, the fire alarm may sound when there is no smoke or firebecause the system is being tested. If this is the case, employees will benotified before the alarm sounds.Do not use the elevator during a fire alarm or emergency.If evacuation is called for, employees should comply with the School-wideEmergency Procedures Plan.If you detect smoke, stay low to the ground.Move away from the building in an evacuation situation as directed by theSchool-wide Emergency Procedures Plan.Power Failures:In the event of a power failure, remain where you are. Emergency lightwill activate in about ten (10) seconds. They are located in strategic areasof the corridors and stairwells.If you leave the building during a power failure do not use the elevator.Once the building has been exited, do not re-enter until advised to do soby senior administrators.First Aid / Workers Compensation:Employees should familiarize themselves with the location of First Aid supplies.In a situation of an injury or emergency handling any blood or body fluids should be donecautiously and with the use of protective gloves. For purposes of Workers Compensation,all injuries should be reported within 24 hours of the accident to the Human ResourcesDirector.Serious or Fatal Accidents:In the event of a serious accident, the following procedures should be followed:68


Give priority attention to providing all reasonable care for the injuredperson or persons. Call the school nurse, a doctor, an ambulance, theHead of School, Directors, or other persons, as appropriate. Obtainnames, addresses, and phone numbers of all witnesses.In the event of a fatality, always notify the police. Retain a responsibleadult at the scene of the accident. See that no disturbance of the victim orsurroundings is permitted until the police have assumed authority.Contact the Head of School to report the emergency and to secureadditional assistance, as needed. Additionally, emergencies should also bereported to the appropriate Director.Anyone involved in a serious accident, emergency or fatality shall makeno statement, orally or in writing, which could be interpreted either as anassumption or rejection of responsibility for the accident until all facts areknown.69

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