employee handbook 1-1-15_no forms
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
Page 1<br />
Savant Learning Systems
CHAPTER 1: INTRODUCTORY POLICIES<br />
TABLE OF CONTENTS<br />
A. INTRODUCTION………………………………………………………………….. 3<br />
B. AT-WILL EMPLOYMENT………………………………………………………… 3<br />
C. EQUAL EMPLOYMENT OPPORTUNITY………………………………………. 3<br />
D. DISCRIMINATION, HARASSMENT AND RETALIATION POLICY…………. 4<br />
E. SMOKING POLICY……………………………………………………………….. 5<br />
CHAPTER 2: EMPLOYMENT STATUS<br />
A. REGULAR, FULL-TIME EMPLOYEES…………………………………………. 6<br />
B. REGULAR, PART-TIME EMPLOYEES………………………………………… 6<br />
C. TEMPORARY EMPLOYEES…………………………………………………… 6<br />
D. EXEMPT EMPLOYEES………………………………………………………… 6<br />
E. NONEXEMPT EMPLOYEES…………………………………………………… 6<br />
F. IMMIGRATION LAW COMPLIANCE…………………………………………… 6<br />
CHAPTER 3: WORK HOURS AND WAGES<br />
A. WORK SCHEDULES…………………………………………………………….. 7<br />
B. MEAL AND REST PERIODS……………………………………………………. 7<br />
C. OVERTIME………………………………………………………………………… 7<br />
D. PAYMENT OF WAGES………………………………………………………….. 7<br />
E. PAYROLL DEDUCTIONS……………………………………………………….. 7<br />
F. SALARY PAY…………………………………………………………………….. 7<br />
CHAPTER 4: EMPLOYEE PERFORMANCE AND CONDUCT<br />
A. PERFORMANCE EVALUATIONS……………………………………………… 8<br />
B. TERMINATION STANDARDS OF CONDUCT, AND DISCIPLINE…………. 8<br />
C. OUTSIDE EMPLOYMENT………………………………………………………. 11<br />
D. DRUG AND ALCOHOL ABUSE………………………………………………… 11<br />
E. PUNCTUALITY AND ATTENDANCE………………………………………….. 12<br />
F. CONFIDENTIALITY ……………………………………………………………… 13<br />
G. BUSINESS CONDUCT AND ETHICS…………………………………………. 13<br />
Page 1<br />
Savant Learning Systems
CHAPTER 5: EMPLOYMENT POLICIES<br />
A. PERSONNEL RECORDS……………………………………………………….. 16<br />
B. EMPLOYEE REFERENCES……………………………………………………. 16<br />
C. OPEN-DOOR POLICY…………………………………………………………… 16<br />
D. EMPLOYMENT OF RELATIVES……………………………………………….. 16<br />
E. DRESS CODE …………………………………………………………………… 17<br />
CHAPTER 6: OPERATIONAL CONSIDERATIONS<br />
A. EMPLOYER PROPERTY………………………………………………………. 18<br />
B. TECHNOLOGY SYSTEMS……………………………………………………. 18<br />
C. OFF-DUTY USE OF FACILITIES……………………………………………… 19<br />
D. SECURITY………………………………………………………………………. 19<br />
E. HEALTH AND SAFETY………………………………………………………… 19<br />
F. SOLICITATION AND DISTRIBUTION OF LITERATURE…………………… 19<br />
G. RECREATIONAL ACTIVITIES AND PROGRAMS………………………….. 19<br />
CHAPTER 7: EMPLOYEE BENEFITS<br />
A. INSURANCE BENEFITS………………………………………………………… 20<br />
B. HOLIDAYS………………………………………………………………………… 20<br />
C. FLOATING HOLIDAYS………………………………………………………….. 21<br />
D. PERSONAL TIME OFF………………………………………………………….. 21<br />
E. WORKERS' COMPENSATION…………………………………………………. 22<br />
CHAPTER 8. LEAVE POLICIES<br />
A. PERSONAL LEAVE OF ABSENCE…………………………………………….. 24<br />
B. FAMILY/MEDICAL LEAVE………………………………………………………. 25<br />
C. MILITARY LEAVE………………………………………………………………… 28<br />
D. BEREAVEMENT LEAVE………………………………………………………… 28<br />
E. JURY DUTY……………………………………………………………………….. 28<br />
F. TIME OFF FOR VOTING…………………………………………………………. 29<br />
Employee Handbook Page 2
A. INTRODUCTION<br />
CHAPTER 1: INTRODUCTORY POLICIES<br />
This Employee Handbook (the “Handbook”) is designed to familiarize you with the policies, practices, and<br />
benefits of Savant (“Savant” or the “Company”).<br />
Although the Handbook is <strong>no</strong>t a contract and is <strong>no</strong>t intended to create any expressed or implied<br />
contractual obligations, you are required to read and understand the provisions of the Handbook.<br />
Circumstances will undoubtedly require that the policies, practices and benefits described in the<br />
Handbook change from time to time. Accordingly, except for the at-will employment policy and other<br />
federally and state mandated policies, the Company reserves the right to revise, modify, rescind, delete<br />
or add to the provisions of this Handbook from time to time in its sole and absolute discretion. Such<br />
modifications must be in writing and must be signed by the HR Director of the Company. The Company<br />
will attempt to provide you with <strong>no</strong>tification of such changes when they occur. No oral statements or<br />
representations can in any way change or alter the provisions of this Handbook.<br />
This Handbook contains a summary of the Company’s policies and practices. All previously issued<br />
<strong>handbook</strong>s and any inconsistent policy or benefit statements or memoranda are superseded.<br />
B. AT-WILL EMPLOYMENT<br />
Employment at the Company is employment at will. Employment at will may be terminated by the<br />
Company or <strong>employee</strong> with or without cause and with or without <strong>no</strong>tice at any time. Nothing in this<br />
Handbook or in any document or statement shall limit the right to terminate employment at will. No<br />
<strong>employee</strong> of the Company has any authority to enter into any agreement for employment for a specified<br />
period of time or to make any agreement or representation contrary to the Company's policy of<br />
employment at will. Only the CEO/President of the Company has the authority to make any such<br />
agreement, which must be in writing.<br />
C. EQUAL EMPLOYMENT OPPORTUNITY<br />
This Company is an equal opportunity employer and makes employment decisions on the basis of merit<br />
and business needs. The Company does <strong>no</strong>t unlawfully discriminate on the basis of race, color, religion,<br />
age, national origin, physical or mental disability, sex (which includes sexual harassment, gender<br />
harassment, and harassment based on pregnancy, childbirth, abortion, or related medical conditions),<br />
marital status, membership in the uniformed services, or any other basis protected by state or federal law.<br />
In addition, the Company prohibits the harassment of any individual on any of the bases listed above. For<br />
information about the types of conduct that constitute unlawful harassment and the Company's internal<br />
procedures for addressing complaints of harassment, please refer to the Company's Policy against<br />
Harassment located on the next page of this Handbook.<br />
To comply with applicable laws ensuring equal employment opportunities to qualified individuals with a<br />
disability, the Company will make reasonable accommodations for the k<strong>no</strong>wn physical or mental<br />
limitations of an otherwise qualified individual with a disability who is an applicant or an <strong>employee</strong> unless<br />
undue hardship would result.<br />
Back to<br />
Top<br />
Page 3<br />
Savant Learning Systems
D. POLICY PROHIBITING DISCRIMINATION, HARASSMENT, AND RETALIATION<br />
The Company is committed to providing a work environment that is free of discrimination and harassment.<br />
In keeping with this policy, the Company strictly prohibits discrimination and harassment of any kind,<br />
including discrimination and harassment on the basis of race, color, religion, age, national origin, physical<br />
or mental disability, sex (which includes sexual harassment, gender harassment, and harassment based<br />
on pregnancy, childbirth, abortion, or related medical conditions), marital status, membership in the<br />
uniformed services, or any other basis protected by state or federal law or local ordinance.<br />
Definitions<br />
Harassment may take many <strong>forms</strong>, but the most common <strong>forms</strong> include:<br />
1) Verbal harassment – such as jokes, epithets, slurs, negative stereotyping, and unwelcome<br />
remarks about an individual’s body, color, physical characteristics, or appearance; questions<br />
about a person’s sexual practices; or gossiping about sexual relations.<br />
2) Physical harassment – such as physical interference with <strong>no</strong>rmal work; impeding or blocking<br />
movement; assault; unwelcome physical contact; leering at a person’s body; and threatening,<br />
intimidating, or hostile acts that relate to a protected characteristic.<br />
3) Visual harassment – such as offensive or obscene items, including photographs, calendars,<br />
posters, cards, cartoons, e-mails, drawings and gestures, display of sexually suggestive or lewd<br />
objects, unwelcome <strong>no</strong>tes or letters, and any other written or graphic material that denigrates or<br />
shows hostility or aversion toward an individual because of a protected characteristic, that are<br />
placed on walls, bulletin boards, or elsewhere on the employer’s premises or circulated in the<br />
workplace.<br />
4) Sexual harassment – There are two distinct categories of sexual harassment:<br />
a) Quid Pro Quo – When an individual’s submission to or rejection of unwelcome sexual<br />
conduct is used as a basis for employment decisions affecting that individual, including<br />
granting of employment benefits.<br />
b) Hostile Environment – When unwelcome sexual conduct unreasonably interferes with an<br />
individual’s job performance or creates an intimidating, hostile, or offensive working<br />
environment, even if it does <strong>no</strong>t lead to tangible or eco<strong>no</strong>mic job consequences.<br />
Sexual harassment includes harassment of women by men, of men by women, and samesex<br />
harassment. Sexual harassment is unlawful whether it involves co-worker harassment,<br />
harassment by a supervisor or manager, or by persons doing business with or for the<br />
Company.<br />
The Company prohibits any and all conduct that may reasonably be interpreted as harassment as defined<br />
above whether or <strong>no</strong>t such conduct is pervasive e<strong>no</strong>ugh or severe e<strong>no</strong>ugh to meet the technical legal<br />
requirements of harassment.<br />
Back to<br />
Top<br />
Employee Handbook Page 4
Reporting and Investigation<br />
If you believe you have been subject to harassment of any kind or conduct which violates this policy, you<br />
must immediately report the facts of the conduct to your supervisor and/or the HR Director, or both. If, for<br />
any reason, you do <strong>no</strong>t feel comfortable discussing the matter with your supervisor, you should bring the<br />
matter to the attention of the HR Director. The important thing is that you bring the matter to the<br />
Company’s attention promptly so that any concern of harassment can be investigated and addressed<br />
appropriately.<br />
All complaints will be promptly and thoroughly investigated, and all information disclosed during the<br />
course of the investigation will remain confidential, except as necessary to conduct the investigation and<br />
take any remedial action, and in accordance with applicable law. All <strong>employee</strong>s and supervisors have a<br />
duty to cooperate in the investigation of alleged harassment. In addition, failing to cooperate or<br />
deliberately providing false information during an investigation shall be grounds for disciplinary action,<br />
including termination of employment. At the conclusion of its investigation, if the Company determines a<br />
violation of policy has occurred, it will take effective remedial action commensurate with the severity of the<br />
offense. This action may include disciplinary action against the accused party, up to and including<br />
termination. Steps will be taken, as reasonable and necessary, to prevent any further violations of policy.<br />
Retaliation<br />
Retaliation for reporting any incidents of harassment or perceived harassment, for making any complaints<br />
of harassment, or participating in any investigation of incidents of harassment or perceived harassment is<br />
strictly prohibited.<br />
Any report of retaliation by the one accused of harassment, or by co-workers, supervisors, or managers,<br />
will also be promptly and thoroughly investigated in accordance with the Company’s investigation<br />
procedures outlined above. If a complaint of retaliation is substantiated, appropriate disciplinary action,<br />
up to and including discharge, will be taken.<br />
Additional Enforcement Information<br />
In addition to the Company’s internal complaint procedure, <strong>employee</strong>s should also be aware that the<br />
federal Equal Employment Opportunity Commission (“EEOC”) and a parallel state agency investigate and<br />
prosecute complaints of harassment and discrimination in employment. You may contact the state<br />
agency responsible for handling discrimination and harassment complaints or the EEOC directly. Their<br />
phone numbers are listed at www.eeoc.gov .<br />
Modification<br />
This policy can be modified unilaterally by the Company at any time without <strong>no</strong>tice. Modification may be<br />
necessary to maintain compliance with State and Federal regulations and/or accommodate organizational<br />
changes within the Company.<br />
E. SMOKING POLICY<br />
Smoking is prohibited in all areas of Savant offices, company vehicles, and any other enclosed spaces<br />
operated by the Company, except in areas designated by the Company or Building Management as<br />
smoking areas, in accordance with applicable state laws. Violation of this policy may result in disciplinary<br />
action, up to and including possible termination of employment.<br />
Back to<br />
Top<br />
Page 5<br />
Savant Learning Systems
CHAPTER 2. EMPLOYMENT STATUS<br />
A. REGULAR, FULL-TIME EMPLOYEES<br />
All <strong>employee</strong>s with Savant Learning Systems are under a 90 day probationary period.<br />
Regular, full-time <strong>employee</strong>s are those <strong>no</strong>rmally scheduled to work and who do work a schedule of 30 or<br />
more hours per week. Regular, full-time <strong>employee</strong>s are eligible for all Company-sponsored benefits.<br />
B. REGULAR, PART-TIME EMPLOYEES<br />
Regular, part-time <strong>employee</strong>s are those who are <strong>no</strong>rmally scheduled to work and who do work less than<br />
30 hours per week. Part-time <strong>employee</strong>s are <strong>no</strong>t eligible for Company sponsored benefits.<br />
C. TEMPORARY EMPLOYEES<br />
Temporary <strong>employee</strong>s are those employed for short-term assignments that are <strong>no</strong>t considered regular<br />
<strong>employee</strong>s. Short-term assignments will generally last three months or less. However, an <strong>employee</strong> will<br />
<strong>no</strong>t change from temporary status to regular, full-time or part-time status because the <strong>employee</strong>'s<br />
assignment is extended. An <strong>employee</strong>'s status will change only if the <strong>employee</strong> is advised of such a<br />
change, in writing, by the HR Director. Temporary <strong>employee</strong>s will <strong>no</strong>t be eligible for any Companysponsored<br />
benefits except to the extent mandated by state and federal law.<br />
D. EXEMPT EMPLOYEES<br />
Exempt <strong>employee</strong>s include all <strong>employee</strong>s who are classified as exempt from the overtime provisions of<br />
federal and state wage and hour law.<br />
E. NON-EXEMPT EMPLOYEES<br />
Non-exempt <strong>employee</strong>s include all <strong>employee</strong>s who are covered by the overtime provisions of federal and<br />
state wage and hour law.<br />
F. IMMIGRATION LAW COMPLIANCE<br />
All offers of employment are contingent on verification of your right to work in the United States. On your<br />
first day of work, you will be asked to provide original documents verifying your right to work and to sign a<br />
verification form required by federal law.<br />
Back to<br />
Top<br />
Employee Handbook Page 6
A. WORK SCHEDULES<br />
CHAPTER 3. WORK HOURS AND WAGES<br />
The Company is <strong>no</strong>rmally open for business between the hours of 8:00 am and 6:00 pm Monday through<br />
Friday. Your manager will assign your individual work schedule.<br />
B. MEAL AND REST PERIODS<br />
For <strong>no</strong>n-exempt <strong>employee</strong>s, meal and rest periods will be provided as required under State and Federal<br />
law. Non-exempt <strong>employee</strong>s must take breaks in accordance with the law.<br />
C. OVERTIME<br />
As necessary, <strong>employee</strong>s may be required to work overtime. However, only <strong>no</strong>n-exempt <strong>employee</strong>s<br />
qualify for overtime pay. To work overtime, a <strong>no</strong>n-exempt <strong>employee</strong> must obtain written permission from<br />
his/ her supervisor. If a <strong>no</strong>n-exempt <strong>employee</strong> works overtime without permission, the <strong>employee</strong> may be<br />
disciplined, up to and including discharge. The Company provides compensation for all overtime hours<br />
worked by <strong>no</strong>n-exempt <strong>employee</strong>s in accordance with state and federal law.<br />
D. PAYMENT OF WAGES<br />
Employees of the Company are paid on the <strong>15</strong>th and the 30 th (or the last day of the month, depending on<br />
which comes first), for work performed during the pay period worked. If a regular payday falls on a<br />
holiday or weekend, <strong>employee</strong>s will be paid on the preceding workday. The Company does <strong>no</strong>t permit<br />
advances against paychecks or against unaccrued vacation.<br />
E. PAYROLL DEDUCTIONS<br />
Federal and state laws require that the Company withhold taxes from your wages. These include, but are<br />
<strong>no</strong>t limited to: (1) Federal income tax; (2) state income tax; and (3) Federal Insurance Contributions Act<br />
(FICA)(social security and Medicare). The Company will take other deductions from your wages as<br />
required by law.<br />
If you want to change the number of your exemptions or your marital status for federal or state income tax<br />
withholding purposes, please see your Human Resources Department.<br />
F. SALARY PAY<br />
Subject to any exceptions provided by law, exempt, salaried <strong>employee</strong>s will receive their salary for any<br />
week in which an <strong>employee</strong> per<strong>forms</strong> any work. For purposes of this salary pay policy, a week is Monday<br />
12:01 a.m. through Sunday midnight.<br />
This salary pay policy is intended to comply with the salary pay requirements of the Fair Labor Standards<br />
Act and shall be construed in accordance with the Act. Employees are encouraged to bring any<br />
questions concerning their salary pay to payroll so that any inadvertent error can be corrected.<br />
Back to<br />
Top<br />
Page 7<br />
Savant Learning Systems
CHAPTER 4. EMPLOYEE PERFORMANCE AND CONDUCT<br />
A. PERFORMANCE EVALUATIONS<br />
All <strong>employee</strong>s will receive periodic performance reviews. Performance reviews will be conducted on the<br />
anniversary date of each <strong>employee</strong>. However, the frequency of performance evaluations may vary<br />
depending upon your length of service, job position, past performance, changes in job duties, or recurring<br />
performance problems.<br />
Your performance evaluations may review factors such as the quality and quantity of the work you<br />
perform, your k<strong>no</strong>wledge of the job, your initiative, your work attitude and your attitude toward others.<br />
The performance evaluation should help you become aware of your progress and areas for improvement.<br />
After your review, you will be required to sign the evaluation report to ack<strong>no</strong>wledge that it has been<br />
presented to you and discussed with you by your manager and that you are aware of its contents.<br />
You should <strong>no</strong>te that a good performance evaluation does <strong>no</strong>t guarantee a pay raise, because pay<br />
increases may <strong>no</strong>t occur every year, <strong>no</strong>r is it a promise of continued employment. Your employment at<br />
the Company is expressly at the will of you and the Company. Either you or the Company may terminate<br />
the employment relationship with or without cause and with or without <strong>no</strong>tice at any time. Nothing in this<br />
policy alters at-will employment.<br />
B. TERMINATION, STANDARDS OF CONDUCT, AND DISCIPLINE<br />
Voluntary Termination<br />
An <strong>employee</strong> who voluntarily resigns his/her employment or fails to report to work for three (3)<br />
consecutively scheduled workdays without <strong>no</strong>tice to or approval by his/her manager will be considered to<br />
have voluntarily terminated employment with the Company. All Company-owned property must be<br />
returned immediately upon termination of employment.<br />
Standards of Conduct<br />
The types of misconduct identified below are merely examples of conduct that may lead to disciplinary<br />
action. They do <strong>no</strong>t constitute a complete list of all types of conduct that can result in disciplinary action,<br />
up to and including discharge. Neither the list of prohibited conduct <strong>no</strong>r the disciplinary action referenced<br />
above alters the at-will nature of your employment. Either you or the Company can terminate the<br />
employment relationship without any cause, without any reason, and in the absence of <strong>employee</strong><br />
misconduct. The following is prohibited and will <strong>no</strong>t be tolerated by the Company.<br />
Prohibited Conduct<br />
1. Unlawful harassment, including sexual harassment.<br />
2. Stealing or removing, without permission, Company property or property of a<strong>no</strong>ther <strong>employee</strong>, a<br />
customer, or a visitor.<br />
3. Engaging in acts of violence or threats of violence toward <strong>employee</strong>s.<br />
4. Causing, creating, or participating in a disruption of any kind during working hours on Company<br />
property.<br />
5. Violation of any Company safety or security rule.<br />
Back to<br />
Top<br />
Employee Handbook Page 8
6. Possession or use of alcoholic beverages or being under the influence of alcohol on company<br />
property, with the exception of approved Company sponsored events.<br />
7. Possession of illegal drugs or being under the influence of illegal drugs on Company premises.<br />
8. Falsification of employment records, employment information, or other Company records.<br />
9. Engaging in acts of theft or sabotage.<br />
10. Unauthorized use of Company equipment, time, materials, or facilities.<br />
11. Giving the Company's products away free of charge or at a discount to any person or in violation<br />
of the Company's policies without written consent of CEO/President.<br />
12. Deliberate destruction or damage to any Company property or the property of any <strong>employee</strong>, a<br />
customer, or a visitor.<br />
13. Bringing or possessing firearms, weapons, or any other hazardous or dangerous devices on<br />
Company property or during on-duty time without proper authorization.<br />
14. Neglect or carelessness which results in damage or destruction of customer's or the Company's<br />
property or endangers the life or health of any person.<br />
<strong>15</strong>. Breach of confidentiality of personnel information.<br />
16. Pleading guilty to or being convicted of a crime that indicates the <strong>employee</strong> is unfit for the job or<br />
poses a threat to the safety or well being of the Company's <strong>employee</strong>s, customers, or property.<br />
17. Failure to observe OSHA regulations.<br />
18. Any deliberate action that is extreme in nature and is obviously detrimental to the Company's<br />
efforts to operate profitably.<br />
19. Insubordination, including, but <strong>no</strong>t limited to, failure or refusal to obey the instructions of a<br />
supervisor or the use of abusive or threatening language toward a supervisor.<br />
20. Violations involving the <strong>no</strong>n-disclosure (secrecy) agreement or failure to maintain the<br />
confidentiality of the Company's, client’s, or potential client’s proprietary information.<br />
21. Unsafe handling of equipment and/or hazardous materials/chemicals.<br />
22. Unsatisfactory job performance.<br />
23. Violation of Company’s Smoking policy.<br />
24. Failure to observe working schedules, including lunch and break periods.<br />
25. Any action that involves unsafe conduct.<br />
26. Reporting working time inaccurately.<br />
27. Working unauthorized overtime or refusing to work assigned overtime.<br />
28. Tardiness.<br />
29. Unreported absence of three (3) consecutive scheduled workdays.<br />
30. Offensive appearance or grooming.<br />
31. Failure to report to supervisor promptly, the loss of or k<strong>no</strong>wn malfunctioning of tools, vehicles or<br />
equipment, electrical or mechanical.<br />
Back to<br />
Top<br />
Page 9<br />
Savant Learning Systems
32. Convictions for traffic violations or driving under the influence of alcohol or drugs while performing<br />
Company business in a Company vehicle.<br />
33. Reckless use of and/or damage to Company vehicle.<br />
34. Lack of courteous treatment of customers/co-workers.<br />
35. Failure to provide a physician's certificate when requested or required to do so.<br />
36. Committing a fraudulent act or a breach of trust under any circumstances.<br />
37. Engaging in any conduct which is <strong>no</strong>t in the best interest of the Company.<br />
Discipline<br />
When appropriate a policy of progressive <strong>employee</strong> discipline will be followed by supervisors. Major<br />
elements of this policy may include:<br />
1. VERBAL WARNING: The first step in the Company's progressive disciplinary policy is the "verbal<br />
warning." This is an oral warning to an <strong>employee</strong> that his/her conduct is unacceptable, and that<br />
repeated or continued failure to conform his/her conduct or performance to the Company<br />
standards will result in more severe disciplinary action. A record of the warning may be made and<br />
retained in the <strong>employee</strong>'s personnel file.<br />
2. WRITTEN WARNING: The second step is a "written warning." This warning will describe the<br />
unacceptable conduct or performance of the <strong>employee</strong> and specify needed changes or<br />
improvements. A copy of the written warning will be retained in the <strong>employee</strong>'s personnel file.<br />
3. FINAL WRITTEN WARNING: Suspension of the <strong>employee</strong>'s employment may, at the sole<br />
discretion of the Company, be used as a third step. The length of the suspension will vary based<br />
upon such factors as the severity of the offense, the <strong>employee</strong>'s performance, and the<br />
<strong>employee</strong>'s disciplinary record. Reasons <strong>employee</strong>s may be suspended include, but are <strong>no</strong>t<br />
limited to, repeated instances of mi<strong>no</strong>r misconduct, failure to conform his/her conduct or<br />
performance to the standards of his position, or for a single serious offense. A record of the<br />
suspension will be retained in the <strong>employee</strong>'s personnel file.<br />
4. TERMINATION: The final step in the disciplinary procedure is the termination of the <strong>employee</strong>. If<br />
an <strong>employee</strong> fails to conform, his conduct or performance to the standards required by the<br />
Company, the Company may, in its sole discretion, terminate the <strong>employee</strong>'s employment.<br />
Notwithstanding the foregoing progressive disciplinary procedure policy, the Company reserves the right<br />
to administer discipline in such a manner as it deems appropriate to the circumstances and may, in its<br />
sole discretion, eliminate any or all of the steps in the progressive discipline procedure.<br />
It should be remembered that employment is at the mutual consent of the Employee and the Company.<br />
Accordingly, either the Employee or the Company can terminate the employment relationship at will, with<br />
or without <strong>no</strong>tice, and with or without cause.<br />
Back to<br />
Top<br />
Employee Handbook Page 10
C. OUTSIDE EMPLOYMENT<br />
While employed by the Company, <strong>employee</strong>s are expected to devote their energies to their jobs with the<br />
Company. For this reason, second jobs are strongly discouraged. The following types of outside<br />
employment are strictly prohibited:<br />
1. Employment that conflicts with an <strong>employee</strong>'s work schedule, duties, and/or responsibilities.<br />
2. Employment that creates a conflict of interest or is incompatible with the <strong>employee</strong>'s employment<br />
with the employer.<br />
3. Employment that interferes with the protection of the Employer's proprietary or confidential<br />
information.<br />
5. Employment that impairs or has a detrimental effect on the <strong>employee</strong>'s work performance with<br />
the employer.<br />
6. Employment that requires the <strong>employee</strong> to conduct work or related activities on the employer's<br />
property during the employer's working hours or using the employer's facilities and/or equipment.<br />
7. Employment that directly or indirectly competes with the business or the interests of the<br />
employer.<br />
8. Employment that creates a situation of current or future remuneration.<br />
Employees who wish to engage in outside employment must submit a written request to the Company<br />
explaining the details of the outside employment. If the outside employment is authorized, the Company<br />
assumes <strong>no</strong> responsibility for the outside employment. No work related to an <strong>employee</strong>'s outside<br />
employment may be performed during Company time, with Company property or equipment, or on<br />
Company premises. The Company shall <strong>no</strong>t provide workers' compensation coverage or any other<br />
benefit for injuries occurring from or arising out of outside employment. Authorization to engage in<br />
outside employment can be revoked at any time.<br />
D. DRUG AND ALCOHOL ABUSE<br />
The Company is concerned about the use of alcohol, illegal drugs, or controlled substances as it affects<br />
the workplace. Use of these substances, whether on or off the job, can adversely affect an <strong>employee</strong>'s<br />
work performance, efficiency, safety, and health and, therefore, seriously impair the <strong>employee</strong>'s value to<br />
the Company. In addition, the use or possession of these substances on the job constitutes a potential<br />
danger to the welfare and safety of other <strong>employee</strong>s and exposes the Company to the risks of property<br />
loss or damage or injury to other persons. The use of alcohol must be pre-approved, for example,<br />
Company sponsored events.<br />
Standards of Conduct<br />
The following rules and standards of conduct apply to all <strong>employee</strong>s either on Company property or<br />
during the work day (including meals and rest periods). The following are strictly prohibited by the<br />
Company:<br />
1. Possession or use of alcohol or being under the influence of alcohol while on the job; unless<br />
authorized Company events.<br />
2. Driving a Company vehicle while under the influence of alcohol.<br />
Back to<br />
Top<br />
Page 11<br />
Savant Learning Systems
3. Distribution, dispensation, sale, or purchase of an illegal or controlled substance while on the job;<br />
and<br />
4. Unlawful manufacture, possession or use of a controlled substance, or being under the influence<br />
of an illegal or controlled substance while on the job.<br />
Violation of the above rules and standards of conduct shall result in disciplinary action, up to and<br />
including termination. The Company also may bring the matter to the attention of appropriate law<br />
enforcement authorities.<br />
Enforcement<br />
In order to enforce this policy, the Company reserves the right to conduct searches of Company property<br />
or <strong>employee</strong>s and/or their personal property upon reasonable suspicion of unauthorized possession of<br />
alcohol, illegal drugs, or controlled substances and to implement other measures necessary to deter and<br />
detect abuse of this policy. A request to search is <strong>no</strong>t indicative of individualized suspicion.<br />
An <strong>employee</strong>'s conviction on a charge of illegal sale or possession of any controlled substance while off<br />
Company property will <strong>no</strong>t be tolerated because such conduct, even though off duty, reflects adversely on<br />
the Company. In addition, the Company must keep people who sell or possess controlled substances off<br />
Company premises in order to keep the controlled substances themselves off the premises.<br />
An <strong>employee</strong> is subject to disciplinary action, up to and including termination, if the <strong>employee</strong> works while<br />
impaired by a prescription or over-the-counter drug and that impairment affects the <strong>employee</strong>'s ability to<br />
safely perform the job or affects the safety or well-being of others. Notwithstanding the foregoing, the<br />
Company will make reasonable accommodations for the k<strong>no</strong>wn physical or mental limitations of an<br />
otherwise qualified individual with a disability unless undue hardship would result.<br />
E. PUNCTUALITY AND ATTENDANCE<br />
Employees are expected to report to work as scheduled, on time and prepared to start work. Employees<br />
also are expected to remain at work for their entire work schedule, except for meal periods or when<br />
required to leave on authorized Company business. Late arrival, early departure, or other absences from<br />
scheduled hours are disruptive and must be avoided whenever possible.<br />
If you are unable to report for work on any particular day, you must call and speak with your supervisor at<br />
least one (1) hour before the time you are scheduled to begin working for that day. If you call less than<br />
one (1) hour before your scheduled time to begin work, you can be considered tardy for that day. If you<br />
k<strong>no</strong>w in advance that you are going to be absent, you must schedule the absence with your supervisor at<br />
least one week in advance.<br />
If you are absent three days without contacting your supervisor, you will be considered to have voluntarily<br />
terminated your employment.<br />
Excessive absences, abuse of the Company's PTO policy, failure to report absences on time, and<br />
excessive tardiness may lead to discipline, up to and including discharge. Absences are excessive if they<br />
occur frequently or if they show a pattern. Tardiness is excessive if you are frequently or unnecessarily<br />
late or if you demonstrate a pattern of tardiness.<br />
Back to<br />
Top<br />
Employee Handbook Page 12
F. CONFIDENTIALITY<br />
Each <strong>employee</strong> is responsible for safeguarding confidential information obtained in connection with his/<br />
her employment. In the course of your work, you may have access to confidential information regarding<br />
the Company, its suppliers, its customers, or even fellow <strong>employee</strong>s. It is your responsibility to in <strong>no</strong> way<br />
reveal or divulge any such information unless it is necessary for you to do so in the performance of your<br />
duties. Access to confidential information should be on a "need-to-k<strong>no</strong>w" basis and must be authorized<br />
by your manager. Any breach of this policy will <strong>no</strong>t be tolerated and legal action may be taken by the<br />
Company.<br />
G. BUSINESS CONDUCT AND ETHICS<br />
This Code of Ethics and Business Conduct (Code) embodies our commitment to conduct business in<br />
accordance with all applicable laws, rules and regulations, to provide honest and ethical conduct,<br />
including fair dealing and the ethical handling of conflicts of interest, and the prompt internal reporting of<br />
violations. We have adopted this Code to promote compliance and avoid even the appearance of<br />
improper conduct. Failure to comply may lead to company-imposed sanctions, including immediate<br />
dismissal for cause, whether or <strong>no</strong>t there is a violation of law.<br />
This Code applies to all <strong>employee</strong>s, officers, and directors of Savant Learning Systems, Inc. (Savant).<br />
We expect our consultants, vendors, contractors, and other third parties we do business with to abide by<br />
the portions of this Code applicable to our relationship.<br />
All <strong>employee</strong>s must understand this Code. We can<strong>no</strong>t list all activities that may violate this Code or what<br />
is appropriate in every circumstance. However, the following are some rules regarding specific areas.<br />
These are <strong>no</strong>t exhaustive and do <strong>no</strong>t limit the generality of this Code. Use good judgment and common<br />
sense and avoid even the appearance of improper behavior.<br />
Build Trust and Credibility<br />
The success of our business is dependent on the trust and confidence we earn from our <strong>employee</strong>s and<br />
customers. We gain credibility by adhering to our commitments, displaying honesty and integrity and<br />
reaching company goals through ho<strong>no</strong>rable conduct. It is easy to say what we must do, but the proof is in<br />
our actions. Ultimately, we will be judged on what we do.<br />
When considering any action, it is wise to ask: will this build trust and credibility for Savant? Will it help<br />
create a working environment in which Savant can succeed over the long term? Is the commitment I am<br />
making one I can follow through with? The only way to maximize trust and credibility is by answering<br />
“yes” to those questions and by working every day to build our trust and credibility.<br />
Respect for the Individual<br />
We all deserve to work in an environment where we are treated with dignity and respect. Savant is<br />
committed to creating such an environment because it brings out the full potential in each of us, which, in<br />
turn, contributes directly to our business success. We can<strong>no</strong>t afford to let anyone’s talents go to waste<br />
Savant is an equal employment/affirmative action employer and is committed to providing a workplace<br />
that is free of discrimination of all types from abusive, offensive or harassing behavior. Any <strong>employee</strong><br />
who feels harassed or discriminated against should report the incident to his or her manager or to human<br />
resources.<br />
Back to<br />
Top<br />
Page 13<br />
Savant Learning Systems
Create a Culture of Open and Honest Communication<br />
At Savant, everyone should feel comfortable to speak his or her mind, particularly with respect to ethics<br />
concerns. Managers have a responsibility to create an open and supportive environment where<br />
<strong>employee</strong>s feel comfortable raising such questions. We all benefit when <strong>employee</strong>s exercise their power<br />
to prevent mistakes or wrongdoing by asking the right questions at the right times.<br />
Savant will investigate all reported instances of questionable or unethical behavior. In every instance<br />
where improper behavior is found to have occurred, the company will take appropriate action. We will <strong>no</strong>t<br />
tolerate retaliation against <strong>employee</strong>s who raise genuine ethics concerns in good faith.<br />
Employees are encouraged, in the first instance, to address such issues with their managers or the HR<br />
Director, as most problems can be resolved swiftly. If for any reason that it is <strong>no</strong>t possible or if an<br />
<strong>employee</strong> is <strong>no</strong>t comfortable raising the issue with his or her manager or HR, the COO/CFO does operate<br />
with an open-door policy.<br />
Set the Tone at the Top<br />
Management has the added responsibility for demonstrating, through their actions, the importance of this<br />
Code. In any business, ethical behavior does <strong>no</strong>t simply happen; it is the product of clear and direct<br />
communication of behavioral expectations, modeled from the top and demonstrated by example. Again,<br />
ultimately, our actions are what matters.<br />
To make our Code work, managers must be responsible for promptly addressing ethical questions or<br />
concerns raised by <strong>employee</strong>s and for taking the appropriate steps to deal with such issues. Managers<br />
should <strong>no</strong>t consider <strong>employee</strong>s’ ethics concerns as threats or challenges from their authority, but rather<br />
as a<strong>no</strong>ther encouraged form of business communication. At Savant, we want the ethics dialogue to<br />
become a natural part of daily work.<br />
Uphold the Law<br />
Savant’s commitment to integrity begins with complying with laws, rules and regulations where we do<br />
business. Further, each of us must have an understanding of the company policies, laws, rules and<br />
regulations that apply to our specific roles. If we are unsure of whether a contemplated action is<br />
permitted by law or Savant policy, we should ask advice from the resource expert. We are responsible for<br />
preventing violations of law and for speaking up if we see possible violations.<br />
Competition<br />
We are dedicated to ethical, fair and vigorous competition. We will sell Savant products and services<br />
based on their merit, superior quality, functionality and competitive pricing.<br />
Conflicts of Interest<br />
We must avoid any relationship or activity that might impair, or even appear to impair, our ability to make<br />
objective and fair decisions when performing our jobs. At times, we may be faced with situations where<br />
the business actions we take on behalf of Savant may conflict with our own personal or family interests<br />
because of the course of action that is best for us personally may <strong>no</strong>t be the best course of action for<br />
Savant. We owe a duty to Savant to advance its legitimate interests when the opportunity to do so arises.<br />
We must never use Savant property or information for personal gain or personally take for ourselves any<br />
opportunity that is discovered through our position with Savant.<br />
Back to<br />
Top<br />
Employee Handbook Page 14
Confidential and Proprietary Information<br />
Integral to Savant’s business success is our protection of confidential company information, as well as<br />
<strong>no</strong>npublic information entrusted to us by <strong>employee</strong>s, customers, and other business partners.<br />
Confidential and proprietary information includes such things as pricing and financial data, customer<br />
names/addresses or <strong>no</strong>npublic information about other companies, including current or potential<br />
customers, suppliers, and vendors. We will <strong>no</strong>t disclose confidential and <strong>no</strong>npublic information without a<br />
valid business purpose and proper authorization.<br />
Use of Company Resources<br />
Company resources, including time, material, equipment and information, are provided for company<br />
business use. Employees and those who represent Savant are trusted to behave responsibly and use<br />
good judgment to conserve company resources. Managers are responsible for the resources assigned to<br />
their departments and are empowered to resolve issues concerning their proper use. In order to protect<br />
the interests of the Savant network and our fellow <strong>employee</strong>s, Savant reserves the right to monitor or<br />
review all data and information contained on an <strong>employee</strong>’s company-issued computer or electronic<br />
device, the use of the Internet. We will <strong>no</strong>t tolerate the use of company resources to create, access,<br />
store, print, solicit or send any materials that are harassing, threatening, abusive, sexually explicit or<br />
otherwise offensive or inappropriate.<br />
Accountability<br />
Each of us is responsible for k<strong>no</strong>wing and adhering to the values and standards set forth in this Code and<br />
for raising questions if we are uncertain about company policy. If we are concerned whether the<br />
standards are being met or aware of violations of the Code, we must contact the HR department.<br />
Savant takes seriously the standards set forth in the Code, and violations are cause for disciplinary action<br />
up to and including termination of employment.<br />
Information and Resources<br />
Nassar Nassar, CEO 731-393-4468 ext 307<br />
Tommy Legins, COO/CFO 731-393-4468 ext 311<br />
Mimi DuBois, HR Director 731-393-4468 ext 316<br />
Back to<br />
Top<br />
Page <strong>15</strong><br />
Savant Learning Systems
A. PERSONNEL RECORDS<br />
CHAPTER 5. EMPLOYMENT POLICIES<br />
To the extent that state law allows <strong>employee</strong>s access to their personnel file, <strong>employee</strong>s will be granted<br />
the right to review records in compliance with state law. Please contact the HR Director to set up an<br />
appointment if you wish to see or copy certain papers in your personnel file.<br />
To ensure that the files are kept up to date, <strong>employee</strong>s should inform their supervisors or Payroll of any<br />
personnel changes such as address, phone number, marital status, or changes in the number of<br />
dependents.<br />
B. EMPLOYEE REFERENCES<br />
All requests for references must be directed to the HR Director. No other manager or <strong>employee</strong> is<br />
authorized to release references for current or former <strong>employee</strong>s. The Company's policy as to references<br />
for <strong>employee</strong>s who have left the Company is to disclose only the dates of employment and the title of the<br />
last position held. No other information will be provided.<br />
C. OPEN-DOOR POLICY<br />
At some time, you may have a complaint, suggestion, or question about your job, your working<br />
conditions, or the treatment you are receiving. Your good-faith complaints, questions, and suggestions<br />
are also of concern to the Company. When you have job-related concerns or complaints, we encourage<br />
you to take the following steps:<br />
1. Within a week of the events that cause the concern, bring the situation to the attention of your<br />
immediate supervisor (or to any other member of management) who will then investigate and<br />
provide a solution or explanation. The Company emphasizes that an <strong>employee</strong> is <strong>no</strong>t required to<br />
complain first to his/her supervisor if that supervisor is the individual with whom the <strong>employee</strong> has<br />
a problem.<br />
2. If the problem persists, you may put it in writing and present it to the HR Director who will<br />
investigate and provide a solution or explanation. It is recommended that you bring the matter to<br />
the HR Director as soon as possible after you believe that your immediate supervisor has failed to<br />
resolve the matter.<br />
3. If the problem is <strong>no</strong>t resolved, you may present the problem in writing to the CEO/President of the<br />
Company who will attempt to reach a final resolution. This procedure, which we believe is<br />
important for both you and the Company, can<strong>no</strong>t result in every problem being resolved to your<br />
satisfaction.<br />
D. EMPLOYMENT OF RELATIVES<br />
Relatives of <strong>employee</strong>s may be eligible for employment with the Company only if the individuals involved<br />
do <strong>no</strong>t work in a direct managerial relationship, or in job positions in which a conflict of interest could<br />
arise. "Relatives" are defined to include spouses, children, siblings, parents, in-laws, and step-relatives.<br />
Present <strong>employee</strong>s who marry will be permitted to continue working in the job position held only if they do<br />
<strong>no</strong>t work in positions as <strong>no</strong>ted above. If <strong>employee</strong>s who marry do work in a direct supervisory<br />
relationship with one a<strong>no</strong>ther, the Company will attempt to reassign one of the <strong>employee</strong>s to a<strong>no</strong>ther<br />
Back to<br />
Top<br />
Employee Handbook Page 16
position for which he or she is qualified, if such a position is available. If <strong>no</strong> such position is available,<br />
then one of the <strong>employee</strong>s will be required to leave the Company. The decision as to who shall leave will<br />
be made by the spouse-<strong>employee</strong>s. Additionally, at any time, the CEO/President of the company<br />
reserves the right to grant exceptions to this policy based on business needs and requirements.<br />
E. Dress Code<br />
Employees must wear proper business attire to allow them to conduct business at all times in a<br />
professional manner in their respective market areas.<br />
Back to<br />
Top<br />
Page 17<br />
Savant Learning Systems
CHAPTER 6. OPERATIONAL CONSIDERATIONS<br />
A. EMPLOYER PROPERTY<br />
All Company property must be maintained according to Company rules and regulations. The Company<br />
reserves the right to inspect all Company property to insure compliance with its rules and regulations,<br />
without <strong>no</strong>tice to the <strong>employee</strong> and/or in the <strong>employee</strong>'s absence.<br />
Prior authorization must be obtained before any Company property may be removed from the premises.<br />
An <strong>employee</strong>'s personal property, including, but <strong>no</strong>t limited to, lockers, packages, purses,and backpacks,<br />
may be inspected upon reasonable suspicion of unauthorized possession of Company property or for<br />
other legitimate business reasons.<br />
B. TECHNOLOGY SYSTEMS<br />
The Company provides an e-mail system, voice mail system, access to the Internet, and other tech<strong>no</strong>logy<br />
systems to assist <strong>employee</strong>s in conducting Company business. All information, data, and messages<br />
created, received, sent or stored in these systems are, at all times, the property of Company. The<br />
foregoing systems are to be used solely for business-related purposes. All existing Company policies<br />
apply to Employee conduct on the Internet and use of all tech<strong>no</strong>logy systems, including, but <strong>no</strong>t limited to,<br />
Company policies regarding intellectual property, misuse of Company property, discrimination,<br />
harassment, sexual harassment, information, and data security and confidentiality.<br />
The Company does <strong>no</strong>t allow these systems to be used in creating, receiving, sending, or storing data<br />
that may reasonably be considered to be offensive, defamatory, obscene, or harassing. Such data<br />
includes, but is <strong>no</strong>t limited to, sexual images and comments, racial and gender-based slurs, or anything<br />
that would reasonably be expected to offend someone based on their race, religion, age, national origin,<br />
physical or mental disability, sex, or any other factor protected by law. Any such use would violate this<br />
policy and may violate the Company’s policy against harassment. In particular, the display of any kind of<br />
sexually explicit image or document on any Company system is a violation of the Company’s policy on<br />
sexual harassment. Employees who are aware of the misuse of these systems by other <strong>employee</strong>s shall<br />
report the misuse to a manager immediately.<br />
All Employees should be aware that the Company has software and systems in place that are capable of<br />
monitoring and recording all network traffic to and from any computer Employees may use. The<br />
Company reserves the right, to the extent allowed under State and Federal law, to access, review, copy,<br />
and delete any of the information, data, or messages accessed through these systems with or without<br />
<strong>no</strong>tice to the Employee and/or in the Employee’s absence. This includes, but is <strong>no</strong>t limited to, all e-mail<br />
messages sent or received, all web site visits, all chat sessions, all news group activity (including groups<br />
visited, messages read, and Employee postings), and all file transfers into and out of the Company’s<br />
internal networks. The Company further reserves the right to retrieve previously deleted messages from<br />
e-mail or voice mail and monitor usage of the Internet, including web sites visited and any information<br />
<strong>employee</strong>s have downloaded. In addition, the Company may review Internet and tech<strong>no</strong>logy systems’<br />
activity and analyze usage patterns, and may choose to publicize this data to assure that tech<strong>no</strong>logy<br />
systems are devoted to legitimate business purposes. Accordingly, <strong>no</strong> Employee should have any<br />
expectation of privacy as to his/ her Internet or tech<strong>no</strong>logy systems usage and should <strong>no</strong>t use these<br />
systems for information they wish to keep private.<br />
Back to<br />
Top<br />
Employee Handbook Page 18
The Company reserves the right to inspect any and all files stored in all areas of the Company’s network,<br />
including those assigned to individual Employees and those stored on any Company computer, in order<br />
to assure compliance with this and other Company policies.<br />
C. OFF-DUTY USE OF FACILITIES<br />
Employees are prohibited from being on Company premises or making use of Company facilities while<br />
<strong>no</strong>t on duty. Employees are expressly prohibited from using Company facilities, Company property, or<br />
Company equipment for personal use.<br />
D. SECURITY<br />
The security of facilities as well as the welfare of our <strong>employee</strong>s requires that every individual be<br />
constantly aware of potential security risks. You should immediately <strong>no</strong>tify your manager when unk<strong>no</strong>wn<br />
persons are acting in a suspicious manner, in or around the facilities, or when keys, security passes, or<br />
identification badges are lost or misplaced.<br />
E. HEALTH AND SAFETY<br />
Every <strong>employee</strong> is responsible for the safety of himself or herself as well as others in the workplace. To<br />
achieve our goal of maintaining a safe workplace, everyone must be safety conscious at all times. The<br />
Company complies with all state and federal laws governing worker safety.<br />
F. SOLICITATION AND DISTRIBUTION OF LITERATURE<br />
In order to ensure efficient operation of the Company's business and to prevent an<strong>no</strong>yance to <strong>employee</strong>s,<br />
it is necessary to control solicitations and distribution of literature on Company property. The Company<br />
has established the following rules applicable to all <strong>employee</strong>s governing solicitation, distribution of<br />
written material, and entry onto the premises and work areas. All <strong>employee</strong>s are expected to comply<br />
strictly with these rules. Any <strong>employee</strong> who is in doubt concerning the application of these rules should<br />
consult with his/ her manager immediately.<br />
No <strong>employee</strong> shall solicit or promote support for any cause or organization or distribute or circulate any<br />
written or printed material in work areas during his/ her working time or during the working time of the<br />
<strong>employee</strong> or <strong>employee</strong>s at whom such activity is directed.<br />
Under <strong>no</strong> circumstances will <strong>no</strong>n-<strong>employee</strong>s be permitted to solicit or to distribute written material for any<br />
purpose on Company property.<br />
G. RECREATIONAL ACTIVITIES AND PROGRAMS<br />
The Company or its insurer will <strong>no</strong>t be liable for the payment of workers' compensation benefits for any<br />
injury that arises out of an <strong>employee</strong>'s voluntary participation in any off-duty recreational, social, or<br />
athletic activity that is <strong>no</strong>t part of the <strong>employee</strong>'s work-related duties.<br />
Back to<br />
Top<br />
Page 19<br />
Savant Learning Systems
A. INSURANCE BENEFITS<br />
CHAPTER 7. EMPLOYEE BENEFITS<br />
Medical Insurance: The Company provides a comprehensive medical, dental, vision, and life insurance<br />
plan for eligible <strong>employee</strong>s and their dependents. Regular, full-time <strong>employee</strong>s and regular, part-time<br />
<strong>employee</strong>s who are consistently scheduled to work 30 or more hours a week are eligible for the plan as of<br />
the <strong>15</strong>th day of month following 30 days of employment.<br />
401(k): The Company’s 401(k) program is managed by Edward Jones and administered with American<br />
Funds mutual fund company. All regular, full-time and regular, part-time <strong>employee</strong>s are eligible to<br />
participate in the Plan upon completion of 90 days of service with the Company and have also attained<br />
age 21. The <strong>employee</strong>’s money is always 100% vested in the deferral account. The Company’s<br />
contributions are on a six year vesting schedule. The Company matching is at the discretion of the<br />
Company.<br />
Workers' Compensation: At <strong>no</strong> cost to you, you are protected by the Company's workers'<br />
compensation insurance policy while employed by the Company. The policy covers you in case of<br />
occupational injury or illness. If you are injured while working, please report it immediately to your<br />
supervisor, regardless of how mi<strong>no</strong>r the injury may be.<br />
If there is any conflict between this Handbook and the official Summary Plan Descriptions (SPDs) or plan<br />
documents, the Official SPDs and/or plan documents will govern. Copies of these documents are<br />
available for your review from the HR Director.<br />
The Company reserves the right to cancel or change the benefits it offers to its <strong>employee</strong>s at any time.<br />
B. HOLIDAYS<br />
The Company observes eight (8) paid holidays per year:<br />
• New Year's Day<br />
• Memorial Day<br />
• Independence Day<br />
• Labor Day<br />
• Thanksgiving Day<br />
• Friday after Thanksgiving<br />
• Christmas Eve<br />
• Christmas Day<br />
When a holiday falls on a Saturday, it is usually observed on the prior Friday, but if the holiday falls on a<br />
Sunday, it is usually observed on the following Monday. Holidays that fall during a scheduled vacation do<br />
<strong>no</strong>t count as a vacation day used.<br />
To be eligible for holiday pay, you must be regularly scheduled to work on the day on which the holiday is<br />
observed and must work your regularly scheduled working days immediately preceding and immediately<br />
following the holiday, unless an absence on either day is approved in advance by your manager.<br />
Back to<br />
Top<br />
Employee Handbook Page 20
C. FLOATING HOLIDAYS<br />
In addition to the holidays listed above, the company gives all Full Time Employees 2 Floating Holidays<br />
per calendar year to be used along with Manager’s approval. These days must be taken on the following<br />
Federal Holidays or on your birthday:<br />
• Birthday of Martin Luther King, Jr.<br />
• Washington’s Birthday<br />
• Good Friday<br />
• Columbus Day<br />
• Veteran’s Day<br />
Note: Floating Holidays are <strong>no</strong>t allowed to be carried over. These days must be taken with manager<br />
approval or forfeited on 12/31 of the calendar year issued.<br />
Floating Holiday Eligibility<br />
• 2 Floating Holidays to be used at your discretion if hired between 1/1 and 5/31<br />
• 1 Floating Holiday will be given if hired between 6/1 and 10/31<br />
• No Floating Holidays will granted after 11/1 hire date for that year<br />
D. PERSONAL TIME-OFF (PTO)<br />
Time away from work to relax and pursue special interests is important to everyone. Personal time off is<br />
viewed as an earned and needed break from work; therefore, you are encouraged to take accrued PTO<br />
on a regular basis. PTO must be taken in minimum one (1) hour increments. PTO is time off for vacation,<br />
sick leave, and personal time combined in to one plan.<br />
Each full time <strong>employee</strong> will accrue PTO semi-monthly in hourly increments based on their length of<br />
service as defined below. PTO is added to the <strong>employee</strong>'s PTO bank when the semi-monthly paycheck is<br />
issued. PTO taken will be subtracted from the <strong>employee</strong>'s accrued time bank in one hour increments.<br />
Temporary <strong>employee</strong>s, contract <strong>employee</strong>s, and interns are <strong>no</strong>t eligible to accrue PTO.<br />
PTO is <strong>no</strong>t earned in pay periods during which unpaid leave, short term disability, personal<br />
leave, worker’s compensation, or Family Medical Leave Act (FMLA) are taken.<br />
Employees may use time from their PTO bank in hourly increments. Time that is <strong>no</strong>t covered by the PTO<br />
policy, and for which separate guidelines and policies exist, include company paid holidays, bereavement<br />
time off, required jury duty, and military service leave.<br />
To take PTO requires two days of <strong>no</strong>tice to the supervisor and Human Resources unless the PTO is used<br />
for legitimate, unexpected illness or emergencies. (Use the Request for Time off form in mySavant to<br />
request PTO.) In all instances, PTO must be approved by the <strong>employee</strong>'s supervisor in advance. The<br />
Company appreciates as much <strong>no</strong>tice as possible when you k<strong>no</strong>w you expect to miss work for a<br />
scheduled absence.<br />
Back to<br />
Top<br />
Page 21<br />
Savant Learning Systems
Paid Time Off (PTO) Exceptions<br />
• Employees who miss more than three consecutive unscheduled days, may be required to<br />
present a doctor's release to the Human Resources department that permits them to return to<br />
work.<br />
• Under the company Family Medical Leave Act (FMLA), policy, all accrued PTO time is taken<br />
before the start of the unpaid FMLA time.<br />
• An <strong>employee</strong> who has used all of his or her FMLA and Short term disability, and is still unable to<br />
return to work, will have his or her employment terminated.<br />
• Any <strong>employee</strong> who misses three consecutive days of work without <strong>no</strong>tice to their supervisor may<br />
be considered to have voluntarily quit their job.<br />
Specific Eligibility for Paid Time Off (PTO)<br />
• PTO will be accrued from the first day of employment. But, the <strong>employee</strong> will <strong>no</strong>t be eligible to<br />
use the accrued PTO time until the <strong>employee</strong>’s 90 day probationary period has been completed.<br />
Years of Service<br />
• 1-2: 80 working hours per year, earned at a rate of 3.33 hours for each pay period.<br />
• 3-4: 100 working hours per year, earned at a rate of 4.17 hours for each pay period.<br />
• 5: 120 working hours per year, earned at a rate of 5.00 hours for each pay period.<br />
• Employees may <strong>no</strong>t accrue more than 160 hours during the course of employment.<br />
• Employees are responsible for monitoring and taking their PTO over the course of a year so the<br />
<strong>employee</strong> will <strong>no</strong>t lose time accrued when the calendar year ends. (PTO is subject to supervisory<br />
approval and <strong>no</strong>t every <strong>employee</strong> can take accumulated time in December; the company must<br />
continue to serve customers.)<br />
• Upon termination of employment, <strong>employee</strong>s will be paid for up to 80 hours of accrued PTO. If an<br />
<strong>employee</strong> has used PTO time <strong>no</strong>t yet accrued, and employment terminates, the PTO taken is<br />
deducted from the final paycheck. Employees who give two weeks’ <strong>no</strong>tice of employment<br />
termination must work the two weeks without utilizing PTO.<br />
E. WORKERS' COMPENSATION<br />
The Company, in accordance with state law, provides insurance coverage for <strong>employee</strong>s in case of workrelated<br />
injury. The workers' compensation benefits provided to injured <strong>employee</strong>s may include:<br />
1. Medical care,<br />
2. Cash benefits, tax free, to replace lost wages,<br />
3. Vocational rehabilitation to help qualified injured <strong>employee</strong>s return to suitable employment.<br />
To ensure that you receive any workers' compensation benefits to which you may be entitled, you will<br />
need to:<br />
1. Immediately report any work-related injury to your supervisor.<br />
2. Seek medical treatment and follow-up care if required.<br />
Back to<br />
Top<br />
Employee Handbook Page 22
Employees must provide the Company with a certification from their health care provider regarding the<br />
need for workers' compensation disability leave and the <strong>employee</strong>'s ability to return to work from the<br />
leave.<br />
Upon submission of a medical certification that you are able to return to work, you may be offered the<br />
same or a similar position as provided by state law. If, after returning from workers' compensation<br />
disability leave, you are unable to perform the essential functions of the job because of a physical or<br />
mental condition, the Company's obligations to you may include reasonable accommodation, as governed<br />
by the Americans with Disabilities Act.<br />
Back to<br />
Top<br />
Page 23<br />
Savant Learning Systems
A. PERSONAL LEAVE OF ABSENCE<br />
CHAPTER 8. LEAVE POLICIES<br />
A personal leave of absence without pay may be granted to a regular, full-time <strong>employee</strong> at the sole<br />
discretion of the Company. Requests for personal leave should be limited to unusual circumstances<br />
requiring an absence of longer than two weeks. Approved personal absences of shorter duration are <strong>no</strong>t<br />
<strong>no</strong>rmally treated as leaves but rather as excused absences without pay.<br />
Any leave taken under this provision that qualifies as leave under a state and/or federal family/medical<br />
leave act will be counted as family/medical leave and charged to your entitlement of 12 work weeks of<br />
family/medical leave in a 12-month period.<br />
An <strong>employee</strong> must submit a request for leave of absence in writing to his/her supervisor. Supervisors will<br />
forward the request for final approval to the HR Director accompanied by a written recommendation. The<br />
<strong>employee</strong> is expected to request leave of absence with as much advance <strong>no</strong>tice as possible. The<br />
Company reserves the right to deny requests for leave of absence.<br />
The <strong>employee</strong> has the responsibility to keep the supervisor and the HR Director advised of the leave<br />
situation and to contact his/her supervisor at least one week prior to the expiration of the approved leave<br />
to discuss return to work. If the <strong>employee</strong> is <strong>no</strong>t prepared to return to work and desires either an<br />
extension of the leave of absence or voluntary termination of the employment relationship, this should be<br />
reported as soon as possible.<br />
Benefits Determination for Leave of Absence Status<br />
1. PTO - Accrued time-off leave must be used during a leave of absence. The <strong>employee</strong> will receive a<br />
paycheck during the leave as long as the <strong>employee</strong> has accrued time-off available. When an<br />
<strong>employee</strong> has used up all accrued vacation or personal leave or if the <strong>employee</strong> has <strong>no</strong> accrued<br />
vacation or personal leave, then the leave is unpaid. No PTO hours or holiday hours are earned<br />
during the leave period.<br />
2. Insurance - The Company will continue to provide life insurance and disability insurance for 30 days<br />
after the <strong>employee</strong> begins the unpaid leave, subject to the requirements of the insurance carriers. The<br />
Company will pay for health care, dental, and vision insurance coverage (if such insurance was<br />
provided before the leave was taken) for 30 days after an <strong>employee</strong> begins unpaid leave (and the<br />
<strong>employee</strong> must pay its share of the premium.) In the case of military leaves, insurance benefits will be<br />
continued for up to ten (10) working days per year starting with the day military leave begins.<br />
Following this period, <strong>employee</strong>s on a leave of absence, other than medical leave, will be offered the<br />
opportunity to enroll in the COBRA program, subject to the eligibility requirements of the COBRA plan.<br />
Benefits for <strong>employee</strong>s on medical leave are granted benefits in accordance with the Family/Medical<br />
Leave policy.<br />
Return to Work<br />
The Company will make a reasonable effort, consistent with good business practices and company<br />
needs, to reinstate an <strong>employee</strong> to the same position he or she previously occupied, or to a similar<br />
position, following a leave of absence. However, the Company does <strong>no</strong>t guarantee reinstatement if the<br />
Employee’s same or a similar position is <strong>no</strong>t available at the time an <strong>employee</strong> desires to return to work.<br />
The Company reserves the right to offer the <strong>employee</strong> a<strong>no</strong>ther position, which may be a lower-level<br />
Back to<br />
Top<br />
Employee Handbook Page 24
position if one is available, at the appropriate salary for the position. An exception to this rule is where an<br />
<strong>employee</strong> is guaranteed reemployment rights under federal or state laws.<br />
An <strong>employee</strong> on leave of absence who fails to return to work according to the pre-approved plan will be<br />
terminated effective his/her last day of work or paid leave (vacation or personal), whichever is later.<br />
B. FAMILY/MEDICAL LEAVE (FMLA)<br />
Definition<br />
Family/Medical Leave refers to a period when an <strong>employee</strong> takes time off work for any of the following<br />
reasons: to care for the <strong>employee</strong>’s spouse, child, or parent with a serious health condition; the<br />
<strong>employee</strong>’s own serious health condition makes the <strong>employee</strong> unable to perform the essential functions<br />
of his/her position; or to care for an <strong>employee</strong>’s newborn child or a child placed with an <strong>employee</strong> for<br />
foster care or adoption.<br />
Eligibility<br />
Employees are eligible for a Family/Medical Leave who:<br />
1. have worked for the Company for at least 12 months prior to the date on which the leave is to<br />
commence;<br />
2. have worked at least 1,250 hours during the 12-month period preceding the leave; and<br />
3. are employed at a worksite where the Company maintains on the payroll (as of the date of the<br />
leave request) at least 50 part- or full-time <strong>employee</strong>s within 75 miles (measured in road miles) of<br />
the worksite where the <strong>employee</strong> requesting the leave is employed.<br />
Eligible <strong>employee</strong>s may take up to a maximum of 12 workweeks of unpaid family/medical leave within a<br />
12-month period under federal (“FMLA”).<br />
Intermittent Leave Requests<br />
Employees may take FMLA leave intermittently (in blocks of time or by reducing their <strong>no</strong>rmal weekly or<br />
daily work schedule) if the leave is for the serious health condition of the <strong>employee</strong>'s child, parent, or<br />
spouse or of the <strong>employee</strong> and the reduced leave schedule is medically necessary as determined by the<br />
health care provider of the person with the serious health condition. The smallest increment of time that<br />
can be used for such leave is one (1) hour. Any leave taken for the birth, adoption, or foster care<br />
placement of a child does <strong>no</strong>t have to be taken in one continuous period of time.<br />
Notice of Planned Leave<br />
If the event necessitating the leave is based on the expected birth, placement for adoption, or foster care<br />
of the <strong>employee</strong>'s child, or planned medical treatment for a serious health condition of the <strong>employee</strong> or a<br />
family member, the <strong>employee</strong> must provide at least 30 days' advance <strong>no</strong>tice before leave is to begin. The<br />
<strong>employee</strong> must consult with the Company regarding the scheduling of any planned medical treatment or<br />
supervision so as to minimize disruption to the operations of the Company. Any such scheduling is<br />
subject to the approval of the health care provider of the <strong>employee</strong> or the health care provider of the<br />
<strong>employee</strong>'s child, parent, or spouse.<br />
Back to<br />
Top<br />
Page 25<br />
Savant Learning Systems
If 30 days' <strong>no</strong>tice is <strong>no</strong>t practicable, <strong>no</strong>tice must be given as soon as practicable. Failure to comply with<br />
these rules is grounds for, and may result in, deferral of the required leave until the <strong>employee</strong> complies<br />
with this <strong>no</strong>tice policy.<br />
Certification of Leave<br />
1. The Company will require that the <strong>employee</strong> provide certification, as explained below, within <strong>15</strong> days<br />
of the <strong>employee</strong>'s request for FMLA leave unless it is <strong>no</strong>t practicable for the <strong>employee</strong> to do so. Upon<br />
expiration of the estimated time needed for the Family/Medical Leave set forth in the certification, the<br />
leave will automatically terminate, and the <strong>employee</strong> will be expected to return to work. If additional<br />
family/medical care leave is required, an <strong>employee</strong> must, prior to expiration of the Family/Medical<br />
Leave, submit additional certification to the Company, as set forth below. If an <strong>employee</strong> fails to<br />
return to work immediately after the approved Family/Medical Leave expires, the <strong>employee</strong> will be<br />
considered to have voluntarily resigned from the Company.<br />
2. If the leave is needed to care for a sick child, spouse, or parent, the <strong>employee</strong> must provide a<br />
certification from the health care provider which states:<br />
• date of commencement of the serious health condition;<br />
• probable duration of the condition;<br />
• estimated amount of time the health care provider will provide care; and<br />
• confirmation that the serious health condition warrants the participation of the <strong>employee</strong>.<br />
3. In cases where both parents are employed by the Company and the leave requested is for the birth,<br />
adoption, or foster care of a child, the Company will <strong>no</strong>t grant more than 12 weeks total of<br />
Family/Medical Leave between the two <strong>employee</strong>s.<br />
4. If the leave is needed for the <strong>employee</strong>'s own serious health condition, the <strong>employee</strong> must provide a<br />
certification from the health care provider which states:<br />
• date of commencement of the serious health condition;<br />
• probable duration of the condition; and<br />
• a statement that the <strong>employee</strong> is unable to perform one or more of the essential functions of<br />
his/her position because of the <strong>employee</strong>'s serious health condition.<br />
The Company will require certification by the <strong>employee</strong>'s health care provider that the <strong>employee</strong> is fit<br />
to return to work. Failure by the <strong>employee</strong> to provide this certification will result in the <strong>employee</strong><br />
being denied reinstatement until such time as the certificate is obtained. If the <strong>employee</strong> does <strong>no</strong>t<br />
provide the certification within three (3) business days after the <strong>employee</strong>’s scheduled return date, the<br />
<strong>employee</strong> will be considered to have voluntarily resigned from the Company.<br />
5. If the FMLA request is because of the <strong>employee</strong>'s own serious health condition and the Company has<br />
reason to doubt the veracity of the certification, pursuant to procedure number 4 above, the Company<br />
may require, at its expense, a second opinion from a health care provider designated by the<br />
Company. The health care provider designated to provide a second opinion will <strong>no</strong>t be one who is<br />
employed on a regular basis by the Company.<br />
Back to<br />
Top<br />
Employee Handbook Page 26
If the second opinion differs from the first opinion, the Company may require, at its expense, that the<br />
<strong>employee</strong> obtain the opinion of a third health care provider designated or approved jointly by the<br />
Company and the <strong>employee</strong>.<br />
The opinion of the third health care provider shall be considered final and binding on the Company<br />
and the <strong>employee</strong>.<br />
6. Any leave granted for a FMLA qualifying reason will be counted as Family/Medical Leave and will be<br />
considered as part of the 12-workweek entitlement in a 12-month period. This 12-month period is a<br />
"rolling" 12-month period that is measured backward from the date an <strong>employee</strong> uses any FMLA<br />
leave, such that an <strong>employee</strong>'s leave entitlement would be any balance of the 12-work week<br />
entitlement that has <strong>no</strong>t been used during the immediately preceding 12 months. Further, a leave<br />
taken to care for an <strong>employee</strong>’s newborn child, or a child placed with an <strong>employee</strong> for foster care or<br />
adoption must be concluded within one year of the birth or placement of the child with the <strong>employee</strong>.<br />
There is <strong>no</strong> carryover of unused leave from one “rolling” 12-month period to the next “rolling” 12-<br />
month period.<br />
Reinstatement After the Leave Expires<br />
1. Upon return from Family/Medical Leave, an <strong>employee</strong> will be reinstated to his/her original job, or to an<br />
equivalent job with equivalent pay, benefits, and other employment terms and conditions subject to<br />
any defense to reinstatement allowed under the law. In addition, an <strong>employee</strong>'s use of<br />
Family/Medical Leave will <strong>no</strong>t result in the loss of any employment benefit(s) that the <strong>employee</strong><br />
earned or was entitled to before using Family/Medical Leave. As more fully described below,<br />
<strong>employee</strong>s on FMLA leave will <strong>no</strong>t continue to accrue employment benefits, such as personal leave<br />
or vacation benefits, during unpaid FMLA leave.<br />
2. Reinstatement after Family/Medical Leave may be denied to certain salaried "key" <strong>employee</strong>s:<br />
• who are among the highest paid 10 percent of salaried <strong>employee</strong>s who are employed within 75<br />
miles of the worksite at which the <strong>employee</strong> is employed at the time of leave request; and<br />
• when the refusal to reinstate is necessary because the <strong>employee</strong>'s reinstatement will cause<br />
substantial and grievous eco<strong>no</strong>mic injury to the Company's operations; and<br />
• when the <strong>employee</strong> is <strong>no</strong>tified of the Company's intent to refuse reinstatement at the time the<br />
Company determines the refusal is necessary; and<br />
• in any case in which leave has already begun, the Company will give the <strong>employee</strong> a<br />
reasonable opportunity to return to work following the <strong>no</strong>tice described above.<br />
Other Employment<br />
An <strong>employee</strong> on Family/Medical Leave is <strong>no</strong>t permitted to take on any other employment, even on a<br />
temporary basis, without written authorization from the Company. To do so will result in termination.<br />
Non-Discrimination<br />
It is the Company’s policy to be fair and impartial in all its relations with <strong>employee</strong>s or applicants. The<br />
Company will <strong>no</strong>t discriminate against <strong>employee</strong>s or applicants as a result of the approved use of<br />
Family/Medical Leave or a proper request for such leave.<br />
Back to<br />
Top<br />
Page 27<br />
Savant Learning Systems
Benefits Determination For Family/Medical Leave<br />
An <strong>employee</strong>’s benefits during a Family/Medical Leave will be as follows:<br />
1. Personal Time-Off (PTO) - Accrued PTO must be used during Family/Medical Leave. If the leave is<br />
for your own serious health condition, you must use any accrued leave during your FMLA leave.<br />
The <strong>employee</strong> will receive a paycheck during the leave as long as the <strong>employee</strong> has accrued PTO<br />
leave available. When an <strong>employee</strong> has used up all accrued time-off or if the <strong>employee</strong> has <strong>no</strong><br />
accrued time-off, then the leave is unpaid. No PTO hours or holiday hours are earned during the<br />
leave period.<br />
2. Health Insurance - Employees will be allowed to continue participating in any health and welfare<br />
benefit plans in which he/she was enrolled before the first day of the leave (for up to a maximum of<br />
12 weeks). The continued participation in health benefits begins on the date unpaid leave first<br />
begins under FMLA (i.e., for pregnancy disability leaves) or under FMLA (i.e., for all other family<br />
care and medical leaves). The <strong>employee</strong> shall continue to be responsible for their portion of the<br />
insurance premium. Payment is due at the same time as it would be if made by payroll deduction.<br />
Alternatively, at an <strong>employee</strong>’s request, the <strong>employee</strong>’s premium payments may be paid in one<br />
lump-sum at the beginning of the leave period or on a monthly basis. In some instances, the<br />
Company may recover premiums paid to maintain health coverage for an <strong>employee</strong> who fails to<br />
return to work following Family/Medical Leave.<br />
C. MILITARY LEAVE<br />
The Company complies with state and federal requirements regarding Military Leave. Employees who<br />
need to be away from work for military leave should contact the Human Resources Department as soon<br />
as possible upon learning of their military duty requirements so that the Company may make appropriate<br />
arrangements for the expected leave of absence. Military Leave is unpaid; however, Employees may<br />
utilize available vacation to provide continued compensation during the leave. For more information<br />
about benefits and reinstatement, contact the Human Resources Department.<br />
D. BEREAVEMENT LEAVE<br />
In the event of death in the immediate family of a regular, full-time <strong>employee</strong> the <strong>employee</strong>, may take up<br />
to three (3) consecutive work days off with pay with the approval of the Company. For purposes of this<br />
policy, an <strong>employee</strong>'s immediate family is defined to include the <strong>employee</strong>'s current spouse, child, parent,<br />
legal guardian, brother, sister, grandparent, grandchild, or mother-, father-, sister-, brother-, son, or<br />
daughter-in-law.<br />
E. JURY DUTY<br />
The Company encourages <strong>employee</strong>s to serve on jury selection or jury duty when called. Regular, fulltime<br />
<strong>employee</strong>s will receive full pay while serving up to 20 days of jury duty (less amounts received from<br />
other sources for the jury duty). You should <strong>no</strong>tify your manager of the need for time off for jury duty as<br />
soon as a <strong>no</strong>tice or summons from the court is received. You may be requested to provide written<br />
verification from the court clerk of having served. If work time remains after any day of jury selection or<br />
jury duty you will be expected to return to work for the remainder of your work schedule.<br />
The Company will provide regular, part-time and temporary <strong>employee</strong>s time off to spend on jury duty but<br />
they are ineligible for compensation for time spent on jury duty. However, in <strong>no</strong> case will the salary of an<br />
Back to<br />
Top<br />
Employee Handbook Page 28
exempt <strong>employee</strong> be reduced for any week in which the <strong>employee</strong> works and also misses time to serve<br />
on jury duty.<br />
F. TIME OFF FOR VOTING<br />
In the event that an <strong>employee</strong> does <strong>no</strong>t have sufficient time outside of working hours to vote in a<br />
statewide election, the <strong>employee</strong> may take off e<strong>no</strong>ugh working time to enable him or her to vote. Such<br />
time off shall be taken at the beginning or the end of the regular working shift, whichever allows for more<br />
free time, and the time taken off shall be combined with the voting time available outside of working<br />
hours. Under these circumstances an <strong>employee</strong> will be allowed a maximum of two (2) hours on the<br />
election day without loss of pay or use of PTO hours. Deductions will <strong>no</strong>t be made from the salary of an<br />
exempt <strong>employee</strong> for time taken off for voting. Where possible, the <strong>employee</strong> shall give his /her manager<br />
at least two (2) days <strong>no</strong>tice that time off to vote is needed.<br />
Back to<br />
Top<br />
Page 29<br />
Savant Learning Systems
317 S. Lindell St.<br />
Martin, TN 38237<br />
Page 31<br />
Savant Learning Systems<br />
HR01-01<strong>15</strong><br />
Rev. 1-1-<strong>15</strong>