ESI Employee Handbook Revised 5-4-2015
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Table of Contents Introduction
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Welcome
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Our Partnership with You
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An Equal Opportunity Employer
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Personal Information
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Employment at Will with ESI
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Certificated Substitutes with ESI
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ESI and Diversity of Clients, Schools and Offices
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The Customer is Boss
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How to Handle Confidential Information
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Issues of Confidentiality Related to Special Education
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Time Off/Leave of Absences
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The Americans with Disabilities Act
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Job Related Injury
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Substance Abuse Policy
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Sexual/Other Prohibited Forms of Harassment
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Attendance and Punctuality
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Use of Private Vehicle
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Dress Standards
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Support Staff Workload
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Time Sheets
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Payday
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Deductions
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Grievance Procedures
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Continued Health Insurance for Beneficiaries
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Policy for Fingerprinting of Employees
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Reporting Suspected Child Abuse or Neglect
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Time Off (Form)
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Accident Report (Form)
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Exhibit A: FMLA Fact Sheet
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Introduction You may take pride as an employee in Educational Services Incorporated (hereafter referred to as ESI) in knowing you're an employee of an organization that has a reputation for providing qualified personnel and the best possible employee benefits and services. You're in good hands. This Employee Handbook has been prepared for your use as a ready reference of the employment practices of ESI and the benefits we offer. It is also a convenient place to find a summary of the general rules you are expected to follow. Please take a few minutes and read this handbook. When you are finished keep it as a handy reference book. ESI will help you in any way we can to make your job more enjoyable and satisfying. Of course your happiness ultimately, is something you have the most control over. Please feel free to discuss any questions or ideas with your supervisor. You can also call our office and talk to our human resources officer. You may also have other needs that we may be able to help you with. So don't hesitate to call ESI. This Employee Handbook is not a contract of employment and the procedures and policies in it are not promises. The information contained in this book, like so many other things in life, is subject to change. Moreover, no policies can adequately cover, or predict, every situation that may arise. For these reasons, except for its policy of employment at- will, this Employee Handbook and the policies in it are intended to suggest guidelines that ESI may, in its sole discretion, choose whether or not to follow. Except for the at-will policy, ESI reserves the right, in its sole discretion, to vary from the terms of any of the policies contained herein, and/or revoke this Employee Handbook and/or any policy in it at any time and for any reason, with or without advance notice. In the event of change or revocation, employees’ continued employment shall constitute consideration for the change. ESI also reserves the right to take such action as it, in its sole discretion, deems appropriate in any situation not covered by this Employee Handbook. One more thing, business needs and other requirements often fluctuate in our industry. Because ESI serves many different Clients and schools, there may be situations that require separate conditions of employment and policies. We are sure you can understand the reasons why we have to retain this flexibility.
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Welcome You are a member of the growing circle of employees with Educational Services, Incorporated. From now on you will see our name on the payroll checks and many other forms. So we'd like to introduce ourselves. In every working relationship there are give and take situations. At times you might even disagree with a few of our policies in this employee handbook. You can be assured that they were certainly not written to offend anyone. To the contrary, they are written to help you. We want you to know that the employee handbook was written with the intention of making your employment as happy and as prosperous as possible. If you have any questions about your benefits or other insurance problems don't hesitate to give us a call. We are here to help you. Be sure from now on to list ESI as your employer on all health insurance forms, etc. This is true also for workers' compensation benefits and applications for loans. If you need letters of recommendation or other supporting documentation of your employment call our office at (844) 614-7784, or email at
[email protected]. Our role is similar to a personnel office, which provides you with payroll, services and benefits.
Sincerely,
Phil Tavasci President
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Our Partnership with You About one third of your life is spent at work. Together with your supervisors and ESI we try to make this time pleasant, productive and profitable. Our aim at ESI is to:
Regard each employee/applicant equally without prejudice or discrimination as to race, color, religion, national origin, sex, age, or physical handicap as provided by law. Place you, whenever possible, in a job which suits you. Attempt to conciliate disputes promptly through the grievance procedures outlined in this handbook. Maintain a high level of awareness and interest in safe working conditions.
An Equal Opportunity Employer ESI provides equal employment opportunities (EEO) to all employees and applicants for employment without regard to race, color, religion, sex, national origin, age, disability or genetics. In addition to federal law requirements, ESI complies with applicable state and local laws governing nondiscrimination in employment in every location in which the company has facilities. This policy applies to all terms and conditions of employment, including recruiting, hiring, placement, promotion, termination, layoff, transfer, leaves of absence, compensation and training. ESI expressly prohibits any form of workplace harassment based on race, color, religion, gender, sexual orientation, gender identity or expression, national origin, age, genetic information, disability or veteran status. ESI expects all employees to act in accordance with the company’s EEO policy.
Personal Information Changes may occur with your address, telephone number, marital status, number of dependents, names of persons to be notified in case of an emergency, etc. These changes may have bearing on your benefit programs, Social Security, state and federal taxes, and your employment records. Therefore, it is important to keep this information accurate and current. Report any changes in your personal records that have a bearing on the above to your supervisor or to ESI.
Employment at Will with ESI Your employment with ESI is a voluntary one and is subject to termination by you or by ESI at will, with or without cause, and with or without notice, at any time. Nothing in these policies shall be interpreted to be in conflict with or to eliminate or modify in any way the employment- at-will status of ESI employees. The employment-at-will policy is not to be modified by any officer or employee. The only exception to this policy is a written employment agreement approved at the discretion of the President.
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Certificated Substitutes with ESI We welcome you to ESI as a contracted specialist with day-to-day and/or long-term assignments as requested by our clients. Your representation of ESI is paramount to our service commitments to meet the needs of our clients. All of the material covered in the ESI Employee Handbook applies to your service as a substitute, with the exception of time off/leave policy inclusions. You should familiarize yourself with the guidelines and stipulations as prescribed for all ESI employees. We look forward to your service and are available if you have any questions.
ESI and Diversity of Clients, Schools and Offices ESI serves many different school Clients, schools and offices. Some of these organizations may have unique work schedules, policies, business practices and work assignments. You are expected to know and comply with these policies and administrative rules and regulations. An addendum may be attached to the back of this handbook to assist ESI in dealing with specific issues or rules that apply to each client separately. ESI has benefit plan descriptions and other orientation materials to help you better understand the role that we play in your employment. Your supervisor will acquaint you with these and other policies, procedures, and benefits.
The Customer is Boss Actually the customer (client) who pays the bills is the person who pays our salaries. If he or she goes, our jobs go too. A business depends on happy satisfied customers (clients). As the number of new clients or satisfied customers grows, and the volume of our business increases, we all benefit. And you are a part of our team in making the customer happy. Customers come back to us when they have found they can depend on us...they like the quality of our services...the extras that we give...the careful attention that we all give to our clients, schools and offices. That is why in our organization the customer is boss.
How to Handle Confidential Information Our clients and other parties with whom we do business entrust the company with important information relating to their businesses. It is our policy that all information considered confidential will not be disclosed to external parties or to employees without a “need to know.” If an employee questions whether certain information is considered confidential, he/she should first check with his/her immediate supervisor. There are certain rights and restrictions regarding how confidential information is to be treated in every business. For instance, in a school office these include the release of any information about a student’s name, address, age, sex, academic performance, etc. Employees who have access to this information must first secure written permission from student’s parents or guardian before it can be released.
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For this reason, you are prohibited from releasing any such information to members of the public or press, other professionals, families, friends, etc., without specific authorization. Employees must refer all such inquiries to their supervisor. This is very important. There may be other rights, in addition to privacy, with which employees must be familiar. These rights and procedures are part of the client, school, or office policies where the employee is assigned.
Issues of Confidentiality Related to Special Education Every student educated within the public education system is protected by some measure of confidentiality. This protection is through the Family Education Rights and Privacy Act (FERPA). The Individuals with Disabilities Education Act (FERPA) adds other protections for students who are evaluated for or require special education program/services. All records related to a student’s evaluation, including health and developmental surveys and individual achievement records, are confidential. Records must be kept in a safe place where only persons who have legal rights may access them. Usually, they are kept in a locked cabinet or desk, or at least a lockable room. Only persons who work with the student, the local administration, and certain other school Client employees have ready access to the files. All other persons may only access a confidential file under the supervision of a responsible party, such as the child’s teacher or principal. Anyone who does not have ready access to the file, but is allowed to have access (such as a representative of the Arizona Department of Education), must sign an access log to maintain a log of who has reviewed the records. Otherwise, records are not available to other persons without the written consent of the parent. The parent always has access to the confidential file, but is asked to contact the school or Client office to arrange for someone to review the file with them, explain items that may be questioned or not understood, etc. Unless during a discussion with other professionals regarding the education of the student, specifics regarding the student’s achievement scores or other educational data (including psychiatric/social evaluations) may not be shared. This includes a teacher or other professional who does not work with the student: this information is confidential and will be shared only with the written consent of the parent. Reasons for disabling conditions are confidential, as well, except for what is contained in public records. Information about the family is confidential. Marital problems, psychiatric history, drug/alcohol use, etc. are not items available for discussion outside of professional, educationally oriented discussions. No written commentary regarding these types of considerations may be made outside of professional evaluations and then only as they relate to the child’s education, condition or prognosis. Generally, if you are asked for information regarding a child who receives special education services and you are not sure if it is confidential information or not, tactfully indicate that this may be confidential information and the party inquiring should either talk to the supervising teacher or to the parent.
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Time Off/ Leave of Absences Leave Policy: A leave of absence (LOA) is defined as an unpaid approved absence from work for a specified period of time for medical, parental, military or personal reasons. If an employee finds that he or she must be out of work for more than three days, he or she should contact their supervisor and the HR officer to determine if a LOA will be necessary.
Non-FMLA Medical Leave of Absences ESI recognizes that there are times when you will be unable to work because of illness or medical reasons. If you find that you will need to be out of work for more than three days you must request a leave of absence in writing either by email or by fax using the Leave of Absence Form provided at the end of this handbook.
Non-Medical Leave of Absence Personal leaves of absence in case of any emergency or serious matters are available. Leave of absences will be considered on a case-by-case basis and will be granted based on business need. Non-medical leaves may be approved for a maximum of 30 days. Extensions may be considered on a case-by-case basis.
Non-FMLA Maternity Leave of Absence An employee will be provided with maternity leave during the period when they are unable to work due to pregnancy or early childcare. Any sick, personal or vacation leave will be exhausted during this leave and the remaining will be unpaid. No leave of absence shall extend beyond three (3) months. Upon return from maternity leave, an employee may or may not be returned to her former position depending on the circumstances. Because ESI serves many different Clients and schools, there may be situations where separate conditions of medical leave of absence and/or non-medical leave of absence apply.
Non-FMLA Military Reserve or National Guard An employee who is a member of the Military Reserve or National Guard shall be entitled to leave of absence in accordance with the Client’s policy.
Jury and Witness Duty If you are summoned for jury or witness duty you may be paid the difference between your regular straight-time hourly rate for your normal work schedule –or- your daily contracted rate of pay and the amount that is received as the daily jury duty allowance if allowed by the District.
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Bereavement Policy An employee who wishes to take time off due to the death of an immediate family member should notify his or her supervisor immediately. Bereavement leave will be granted unless there are unusual business needs or staffing requirements.
Unpaid Bereavement Leave is granted according to the following schedule: Employees are allowed three days of unpaid leave in the event of the death of the employee’s spouse, child, father, father-in-law, mother, mother-in-law, brother, sister, stepfather, stepmother, stepbrother, stepsister, stepson or stepdaughter. (Employees can use accrued PTO for leave).
Victim’s Leave Policy Employees who are victims of a crime or juvenile offense will be permitted to leave work to exercise their rights to be present at the court proceedings or to seek and obtain an order of protection or injunction against harassment. To be eligible for victim leave, an employee must (1) inform ESI of the victim leave request, (2) provide ESI with a copy of the law enforcement paperwork relating to the crime or proceedings or any other proper documentation, and (3) if applicable, give ESI a copy of the notice of the scheduled court proceedings. ESI will keep confidential records of employee’s victim leave requests and supporting documentation. Only in circumstances where ESI finds that granting leave will create an undue hardship to the company will leave requests be denied.
Family and Medical Leave Act (FMLA) ESI complies with all requirements of the Family and Medical Leave Act of 1993 (FMLA). For full information on leave entitlement, eligibility requirements, and benefits and protections please refer to Exhibit A.
Procedure for Requesting FMLA Leave All employees requesting FMLA leave must provide the HR Officer with verbal or written notice of the need for the leave. Within five business days after the employee has provided this notice, the HR officer will provide the employee with the DOL Notice of Eligibility and Rights. When the need for the leave is foreseeable, the employee must provide ESI with at least 30 days' notice. When an employee becomes aware of a need for FMLA leave less than 30 days in advance or the leave is not foreseeable, the employee must provide notice of the need for the leave either the same day or the next business day.
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Employees will be given the appropriate certification form to be completed by a medical provider and employee. Employees have 15 days to return completed Certification forms to company.
Designation of FMLA Leave Within five business days after the employee has submitted the appropriate certification form, the HR officer will provide the employee with a written response to the employee’s request for FMLA leave.
Intent to Return to Work from FMLA Leave The company may require an employee on FMLA leave to report periodically on the employee’s status and intent to return to work.
Vacation/PTO for All Leave of Absences and Time Employees will be required to use any accrued sick, personal or vacation leave while on any type of leave of absence. As a reminder, earned vacation granted to an employee must be used within the year earned. Employees will not be reimbursed for any unused vacation days unless authorized by Client.
Benefits while on Non-FMLA Leave of Absences Employees may be given an opportunity to maintain their health insurance at their expense while on a leave of absence through the company’s COBRA plan.
The Americans with Disabilities Act (ADA) The Americans with Disabilities Act (ADA) and the Americans with Disabilities Amendments Act, known as the ADAAA, are federal laws that prohibit employers with 15 or more employees from discriminating against applicants and individuals with disabilities and that when needed provide reasonable accommodations to applicants and employees who are qualified for a job, with or without reasonable accommodations, so that they may perform the essential job duties of the position. It is the policy of ESI to comply with all federal and state laws concerning the employment of persons with disabilities and to act in accordance with regulations and guidance issued by the Equal Employment Opportunity Commission (EEOC). Furthermore, it is our company policy not to discriminate against qualified individuals with disabilities in regard to application procedures, hiring, advancement, discharge, compensation, training or other terms, conditions and privileges of employment. The company will reasonably accommodate qualified individuals with a disability so that they can perform the essential functions of a job unless doing so causes a direct threat to these individuals or others in the workplace and the threat cannot be eliminated by reasonable accommodation and/or if the accommodation creates an undue hardship to ESI. Contact the Human Resource officer with any questions or requests for accommodation.
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Job Related Injury As required by State Workers' Compensation Laws, ESI carries workers' compensation insurance for a jobrelated illness or injury. If you are injured in the course of carrying out your duties, you must notify ESI at (844) 614-7784 immediately as all such injuries or illness must be properly reported in order to obtain the benefits.
Substance Abuse Policy
Purpose of policy ESI believes that it is important to promote a drug free community, to maintain safe, healthy, and efficient operations, and to protect the safety and security of the employees, facilities, and property of ESI. Drugs or alcohol may pose serious risks to the user and all those who work with the user. In addition, the use, possession, sale, transfer, manufacture, distribution, and dispensation of alcohol or illegal drugs in the workplace pose unacceptable risks to the maintenance of a safe and healthy workplace and to the security of ESI employees, facilities and client property. Substance abuse, while at work or otherwise, seriously endangers the safety of employees, as well as the general public, and creates a variety of workplace problems, including increased injuries on the job, increased absenteeism, increased health care and benefit costs, increased theft, decreased morale, decreased productivity, and a decline in the quality of products and services provided by ESI. For all of those reasons, ESI has established this Substance Abuse Policy This Policy [and acknowledgment] is not intended to and does not constitute a contract of employment with ESI. No supervisor or manager has any authority to make any statements or representations to you that change or conflict with the at-will status of your employment with ESI, or that change or conflict with any of the provisions of this Policy. The at-will status of your employment with ESI can be modified only by an express written agreement signed by the president of ESI. This Policy supersedes and revokes all previous practices, procedures, policies, and other statements of ESI, whether written or oral, that modify, supplement, or conflict with the Policy. This Policy may be amended at any time.
Scope of Policy This Policy applies to all ESI employees, including management, administration, and temporary employees, and to all applicants who have received conditional offers of employment with ESI. This Policy also applies to all employees of ESI contractors who are performing services on ESI property, or who are operating ESI equipment, machinery, or vehicles. Such employees of contractors are considered “employees” within the meaning of this Policy. Depending upon their specific job duties, certain employees may be subject to additional requirements under client requirements or state or federal regulations, including additional restrictions on drug or alcohol use, and additional provisions for drug and/or alcohol testing
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Dissemination of Policy All ESI employees will receive a copy of this Policy, and will be required to sign an appropriate acknowledgment and receipt. All applicants who have received conditional offers of employment with ESI will be required to read this Policy before undergoing testing, and will be required to sign an appropriate acknowledgment and receipt. Definitions o
Illegal Drugs: “Illegal drugs” means any controlled substance listed in schedules I through V of the federal Controlled Substances Act (21 U.S.C. § 812), medication, or other chemical substance that (1) is not legally obtainable; or (2) is legally obtainable, but is not legally obtained, is not being used legally, or is not being used for the purpose(s) for which it was prescribed or intended by the manufacturer. Thus, “illegal drugs” may include even over-the-counter medications, if they are not being used for the purpose(s) for which they were intended by the manufacturer.
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Legal Drugs: “Legal Drugs” means prescribed or over-the-counter drugs that are legally obtained by the employee, including medical marijuana, and used for the purpose(s) for which they were intended by the manufacturer.
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ESI Property: “ESI property” and “ESI equipment, machinery, and vehicles” means all property, equipment, machinery, and vehicles owned, leased, rented, or used by ESI.
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On Duty: “On duty” means all working hours, as well as meal periods and break periods regardless of whether on ESI property, and all hours when an employee represents ESI in any capacity.
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Work Rules – Substance Abuse by Employees – Alcohol Employees may not use, possess, sell, or transfer alcohol while working, while on ESI, Client’s or District’s property, or while operating ESI, Client’s, or District’s equipment, machinery, or vehicles. Employees may not work or report to work under the influence of alcohol, or with detectable levels of alcohol in their systems. Employees may not work or report to work under the influence of alcohol, with an alcohol level that would constitute a violation of A.R.S. § 28-1381(a), or with an alcohol level that would create a presumption that the employee was under the influence of intoxicating liquor pursuant to A.R.S. § 28-1381(g).
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Employees who violate either of these rules will be subject to discipline, up to and including immediate discharge. ESI may make exceptions to these rules for certain business or social functions sponsored or approved by the ESI. o
Illegal Drugs Employees may not possess illegal drugs, or marijuana, or engage in the illegal use of drugs while on duty, while working, while on ESI or client property, or while operating ESI or client equipment, machinery, or vehicles. Employees may not work or report to work under the influence of illegal drugs, or marijuana, or with detectable levels of illegal drugs or the metabolites of illegal drugs in their systems Employees may not manufacture, distribute, dispense, transfer, or sell illegal drugs. Employees who violate any of these rules will be subject to discipline, up to and including immediate discharge. ESI does not tolerate the possession, use of or impairment from marijuana at the workplace
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Legal Drugs/Medication Any employee who has reason to believe that the legal use of drugs, such as a prescribed medication (including medical marijuana) may pose a safety risk to any person or interfere with the employee’s performance of his or her job must report such legal drug use to his or her supervisor. ESI shall then determine whether any work restriction or limitation is indicated. Failure to report the legal use of a drug that may pose a safety risk could result in disciplinary action. All persons on ESI, Client’s or District’s property or who are performing services on a ESI, Client’s or District’s project, and all property, equipment, and vehicles on ESI, Client’s or District’s property or being used in connection with the performance of work on a ESI, Client’s or District’s project (including without limitation all vehicles, containers, desks, and file cabinets), are subject to unannounced inspection by ESI, Client or District. You should not expect that any property or items that you bring to work with you or that you use at work are private. If you do not want any property or items inspected, do not bring them to work. ESI does not tolerate the possession, use of or impairment from marijuana at the workplace. This applies to all employees and there are NO exceptions. Employees who refuse to permit inspections under this Policy or who fail to cooperate with inspections under this Policy will be subject to discipline, up to and including immediate discharge.
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Medical Marijuana (Arizona Only) ESI will not discriminate against a person in hiring, termination, or terms or conditions of employment based on the person’s status as a cardholder.
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However, medical marijuana cardholders are prohibited from possessing marijuana at the workplace and are prohibited from being impaired by marijuana at work or during working hours. If an employee tests positive for marijuana and also exhibits symptoms of impairment, the employee will face discipline up to an including termination. o
Drug and Alcohol Testing ESI may require that employees and applicants provide urine, blood, breath, and/or other samples for drug and alcohol testing under any of the following circumstances:
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Pre-Employment Testing All applicants who have received conditional offers of employment with ESI may be required to undergo drug testing.
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Reasonable Suspicion Testing ESI may require any employee to undergo drug and alcohol testing if management has a reasonable suspicion that the employee: Has violated ESI’s written work rules prohibiting the use, possession, sale, or transfer of alcohol, marijuana and/or illegal drugs while on duty, while working, while on ESI, Client or District property, or while operating ESI, Client’s or District’s equipment, machinery, or vehicles; Is under the influence of alcohol, marijuana and/or illegal drugs while on duty, while working, while on ESI, Client’s or District’s property, or while operating ESI, Client’s or District’s equipment, machinery, or vehicles; Is impaired by alcohol, marijuana and/or illegal drugs; or May be affected by the use of alcohol, marijuana and/or illegal drugs and that the use may adversely affect job performance or the work environment. Definition of Impairment: Symptoms that a prospective employee or employee while working may be under the influence of drugs or alcohol that may decrease or lessen the employee's performance of the duties or tasks of the employee's job position, including symptoms of the employee's speech, walking, standing, physical dexterity, agility, coordination, actions, movement, demeanor, appearance, clothing, odor, irrational or unusual behavior, negligence or carelessness in operating equipment, machinery or production or manufacturing processes, disregard for the safety of the employee or others, involvement in an accident that results in serious damage to equipment, machinery or property, disruption of a production or manufacturing process, any injury to the employee or others or other symptoms causing a reasonable suspicion of the use of drugs or alcohol.
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Post-Accident Testing ESI may require any employee to undergo drug and alcohol testing as soon as practicable after a work-related accident, if ESI, Client or District reasonably believes that the employee may have contributed to the accident.
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Post-Injury Testing (Required by SCF of AZ) ESI may require any employee who has sustained a work-related injury to undergo drug and alcohol testing.
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Additional Testing ESI also may require employees to undergo drug and alcohol testing when, in the judgment of management, such testing is appropriate for the maintenance of safety for employees, customers, clients, or the public at large, or for the maintenance of productivity, quality, or security of property or information.
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Specimen Collection and Testing Procedures
Test Subject Privacy Appropriate professional personnel will supervise the collection of urine and blood specimens for testing. In the absence of a reasonable suspicion that the test subject will alter or substitute a urine specimen, the collection personnel will not directly observe the collection of the urine specimen.
Chain of Custody Procedures ESI will take steps to preserve the chain of custody of specimens, in order to ensure testing accuracy.
Specimen Testing Procedures Specimens will be tested only by laboratories that are properly approved to conduct drug and alcohol testing by the U.S. Department of Health and Human Services (SAMHSA, formerly NIDA), the College of American Pathologists, or the Arizona Department of Health Services. Specimens will be tested only for the presence of alcohol, illegal drugs, and their metabolites. Positive initial screening test results for employees will also be confirmed by gas chromatography/mass spectrometry or other appropriate methods of confirmatory analysis (“confirmatory test”).
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Cost of Testing ESI will pay for any drug and alcohol test that it requests or requires of any employee. Applicants may be required to pay for any drug tests that ESI requests or requires.
Suspensions Pending Test Results Pending receipt of test results and written explanations of positive confirmatory test results, employees may be temporarily suspended. If an employee is suspended and the final confirmatory test result is negative, the employee will be reinstated immediately with full back pay.
Test Result Reports ESI will promptly communicate test results to test subjects. Any test subject may request a copy of his or her test result report.
Confidentiality Of Test Results ESI will not disclose test results except as authorized by the test subject or as authorized, permitted, or required by applicable law.
Consequences Of Refusal Employees and applicants may refuse to undergo drug and alcohol testing. However, employees who refuse to undergo testing or who fail to cooperate with the testing procedures will be subject to discipline, up to and including immediate discharge. Employees who refuse to undergo testing or who fail to cooperate with the testing procedures also may be disqualified from receiving unemployment compensation benefits and/or workers’ compensation benefits. Applicants who refuse to undergo testing or who fail to cooperate with the testing procedures will not be hired and will not be reconsidered for employment.
Right To Explain Test Results Any test subject who tests positive on a confirmatory test on any drug and alcohol test required by ESI may submit additional information to ESI in a confidential setting, to try to explain the confirmed positive test result.
Consequences Of Confirmed Positive Test Results Applicants - Any applicant who tests positive on a confirmatory test on any drug test required by ESI and who does not timely and successfully explain the test results may not be hired and may not be reconsidered.
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Employees - Any employee who tests positive on a confirmatory test on any drug and alcohol test required by ESI and does not timely and successfully explain the test results will be subject to appropriate disciplinary action, at the sole discretion of ESI, up to and including immediate discharge. Any employee who tests positive on a confirmatory test on any drug and alcohol test required by ESI, does not timely and successfully explain the test results, and is discharged on the basis of the positive test result, may be disqualified from receiving unemployment compensation benefits.
Employee Substance Abuse Treatment No employee will be subject to discipline for voluntarily seeking assistance or substance abuse treatment. An employee may not, however, avoid discipline for violating the Substance Abuse Policy by seeking this assistance after the employee is referred for testing pursuant to this Policy. In addition, an employee’s participation in a substance abuse treatment program will not excuse the employee from being required to meet all of the same standards and qualifications for the job that apply to other employees, including performance. Employees are encouraged to approach ESI at any time with any questions they have about ESI’s Substance Abuse Policy.
Sexual and Other Prohibited Forms of Harassment Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. Sexual harassment may include explicit sexual propositions, sexual innuendo, suggestive comments, sexually oriented “kidding” or “teasing,” “practical jokes,” jokes about genderspecific traits, foul or obscene language or gestures, display of foul or obscene printed or visual material, and physical contact such as patting, pinching, or brushing against another person. Sexual harassment may occur between members of the same or opposite gender. Other harassment consists of unwelcome comments or conduct having specific or reasonably implied references to race, color, national origin, religion, age, disability, or any other legally protected characteristic. Such harassment may include, without limitation, insulting comments, “kidding,” “teasing,” and “practical jokes,” slurs, taunting, verbal abuse or epithets, degrading comments or jokes, jokes about certain traits, and insulting pictures, drawings, objects, cartoons, posters, pictures, or printed or other visual material. Such harassment is unlawful when: Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; or Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting the individual; or Such conduct has the purpose or effect of
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unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment. If you feel you are being harassed on the basis of sex, race, color, national origin, religion, age, or disability, or are aware of or suspect the occurrence of harassment, or have any concern about harassment, you must immediately contact ESI at 844-614-7784 and report it. You may report the matter in any manner (oral or written) with which you feel comfortable. All complaints and concerns will be investigated promptly and thoroughly. ESI cannot ignore any complaint, and cannot honor a request that nothing be done about a complaint. Such investigation shall, as much as possible, be conducted in confidence and in a manner designed to protect the privacy and rights of all parties concerned. If the complaint or concern is determined to be justified, the employee whose conduct is considered harassing or intimidating may be subject to appropriate disciplinary action, up to and including termination. No employee shall experience any reprisal or retaliation for reporting harassment under this policy.
Attendance and Punctuality Regular attendance is required. Your attendance and punctuality are very important for the smooth operation of your classroom or other place of work. You are responsible for calling the school, client or office if you are going to be late to work. Punctuality is a condition of employment. In the same manner, if you are going to be absent from work for any reason, you must notify the school, client or office prior to your scheduled starting time. If able, you should call the school every day you are absent (unless you have been given permission to do otherwise) and report your expected return. You are also required to report any absence to ESI in writing.
Use of Private Vehicle Only when authorized by ESI, can a private vehicle be used for business. An employee authorized to use a private vehicle for business purposes will be require to present proof of insurance to ESI. At no time can a student be transported in a private vehicle. No student will be sent on school errands with the student’s own vehicle, an employee’s vehicle, or a Client vehicle.
Dress Standards Employees should dress in accordance with appropriate professional standards. Neatness and good taste reflect not only upon you as an individual, but upon ESI as well. Your work attire must also conform to necessary safety requirements under some working conditions that reflect an efficient, orderly and professionally operated business. Appropriate footwear should be worn for the
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position you are working in order to prevent injury. If there are any specific requirements for dress, your supervisor will inform you of the nature of the requirement.
Support Staff Workload Definitions as used in this provision:
COMPENSATION RATES for overtime is hours worked in a workweek in excess of forty multiplied by 1.5. (ESI workweek runs from Sunday through Saturday.) EXTRA TIME occurs when the employee works hours in excess of the employee’s weekly work schedule but the total hours are less than 40 in that workweek. HOURS WORKED are hours actually worked during the week. Hours worked does not include hours paid but not worked. Examples of hours paid but not worked are: holidays, vacation or sick leave. OVERTIME occurs when the employee works hours in excess of 40 hours in the workweek. (ESI workweek runs from Sunday through Saturday.)
WORKWEEK RESTRICTIONS: The normal workweek for non-exempt employees will be no more than forty (40) hours per week The normal workweek for certain categories of non-exempt employees may be less than forty (40) hours per week as determined by the administration. Non-exempt employees shall not work more than the assigned number of hours or 40 hours per week unless approval has been granted by the immediate supervisor who has obtained authorization from the Client Administration to work extra time/overtime. All other cases of overtime must be pre-approved by the Client Administration unless it is for safety issues or in the cases of emergency. The workweek for all exempt employees shall be as required. The normal workweek for non-exempt employees is a consecutive seven-day period. The ESI workweek runs Sunday through Saturday REPORTING HOURS: Time sheets are due Friday after your workday is complete; the week prior to pay date. Holidays may change the day time sheets are due. ESI will notify all employees of any changes. If the work assignment results in the employee needing to work hours in excess of those scheduled, the employee shall immediately advise the supervisor. This is a continuing responsibility for the employee. The employee shall not work hours in excess of those scheduled unless authorized by the Client, District or office.
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COMPENSATION: Any hours worked by a non-exempt employee in excess of 40 hours per workweek (Sunday through Saturday) requires overtime compensation at the rate of 1.5 times the employee’s regular pay rate for those hours in excess of 40 that the employee was given approval to work by the Client, District or office. Employees are NOT allowed to accrue comp time and ALL hours worked over 40 hours will be paid at overtime rate. VOLUNTEERS: A non-exempt employee shall not volunteer to perform a duty(s) that is within the employee’s job description. MULTIPLE EMPLOYMENTS: No non-exempt employee will be hired into more than one position of employment when the additional position(s) would require the payment of overtime compensation, unless it is established that there is no other qualified applicant for the position that would not qualify for overtime or as higher rate of overtime and the employment has been approved by Client, District or office. When two positions have two different rates of pay, a blended overtime rate may be used for approved hours of overtime. CONSEQUENCES FOR VIOLATION OF THIS POLICY: An employee who does not accurately record hours worked, does not timely inform the immediate supervisor if extra hours/overtime is worked, or volunteers to perform a job that is within the employee’s job description/duties shall be subject to disciplinary action, including suspension with or without pay and dismissal. A supervisor who fails to monitor his subordinate’s work hours in order to assure that hours are accurately recorded by employees, permits employees to work extra time/overtime without proper authorization, does not utilize a flex time to adjust the employee’s work schedule whenever possible or knowingly permits an employee to volunteer to perform a duty that is within the employee’s job description/duties will be subject to disciplinary action including suspension with or without pay and dismissal.
Time Sheets All non-exempt hourly or salary employees are required to keep accurate time sheets on a daily basis, and sign the time sheets at the end of each pay period. No time sheet will be processed for payment unless signed by employee’s Supervisor before submitting. No employee is allowed to sign in for another employee under any circumstances. If an employee’s timesheet is not received by the due date, the payment will be processed on the employee’s next pay date unless prior arrangements have been made with the ESI Payroll Dept.
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Payday Your pay period is based on a bi-weekly payroll cycle. Please call Payroll at (844) 614- 7784 immediately if you have any questions or find any errors in your paycheck. Any necessary adjustments to your paycheck for the current period will be made in the next paycheck, unless this is a hardship.
Deductions There are several payroll deductions that may be taken from your wages. Law requires some of these while others may be requested or authorized by you. Payroll withholding taxes are taken according to tables or percentages mandated by the taxing agencies, including local, state and federal governments. A summary of all deductions is included with your paycheck showing you the amount each time and the year to date. Voluntary deductions are a convenience to you as a payroll-withholding amount. These include such things as Insurance Premiums [both individual and family], credit union, and certain other employee requests. If an overpayment occurs to an employee, ESI will make all attempts to notify the employee. If an overpayment occurs, ESI is authorized to deduct these funds from future pays until it is satisfied. If an employee is no longer working or not a full-time employee, ESI will contact the employee to make arrangements to repay this overpayment. If an employee refuses to repay any overpayment, this could affect future employment as well as have legal recourse.
Grievance Procedures The Employee Grievance Procedure is established to assist employees when they feel they have a grievance or a dispute with ESI about their employment. This procedure is available to all employees. This grievance procedure provides an opportunity to seek an equitable solution without fear of recrimination or prejudice. An employee who has a grievance or complaint should first discuss this matter with their ESI representative. This discussion should be held as soon as possible after the act or omission or when the dispute occurred and in all cases shall take place within 5 (five) working days thereafter. The ESI representative will exert every effort to secure a satisfactory solution to the grievance at this time. If this does not settle the dispute or provide a solution to the problem the next step is for the employee to apply in writing for a formal review by all the Officers of ESI. The employee will set forth the issue, all pertinent facts and desired results in writing to ESI. The letter will be completed within 3 (three) working days after a decision is reached at the informal discussion stage and will be delivered to ESI. The Officers may or may not solicit further commentary from the employee, hear the statements of witnesses and consider additional pertinent information.
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The Officers shall render its written decision to the employee within 5 (five) working days following their meeting during which the case was considered. The decision of the ESI Officers will be final. A written explanation will be provided to the employee.
Continued Health Insurance for Beneficiaries As the result of the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), qualifying individuals (beneficiaries) are entitled to continued health insurance coverage under the ESI health plan. Qualifying individuals are entitled to health insurance coverage identical with the coverage provided immediately prior to their resignation, and each qualified individual is entitled to elect the continued coverage independently. When an employee qualifies as a beneficiary of continued coverage, he or she must obtain the necessary enrollment form from the Payroll Office to indicate continuation or declination of conversion coverage. ESI is proud to offer you a broad range of benefit options. Employees can choose from a number of plans including dental, vision, life insurance and voluntary supplement programs. In addition, we provide health care and dependent care reimbursement accounts to assist employees in managing their out-of-pocket expenses with before-tax dollars. New employees have a one (1) year waiting period before becoming eligible for the FSA program. Once eligible, employees have 31 days to complete enrollment in the group insurance program. If elections are not made within the 31-day initial period of eligibility, you will be required to wait until Annual Open Enrollment or until a Qualifying Life event takes place. Failure to re-enroll will result in loss of coverage. Please contact ESI directly at (844) 614-7784 for FSA enrollment information.
Policy for Fingerprinting Employees It is the policy of Educational Services, Inc. that all employees who work in public or charter school districts are required to obtain an “Identity Verified Print” Fingerprint Clearance Card. In accordance with ARS 15-512, revised in the 2014 legislative session, Public and/or Charter School Contractor, Subcontractor, or Vendor & their employees and Public and/or Charter School Contractor non-certified personnel are now required to have an IVP Fingerprint Clearance Card. This applies to all ESI employees in all public and charter school district positions, both certified and classified. Certain positions may not have required an IVP Fingerprint Clearance Card (or any fingerprint clearance card) as employees of the school district. However, ESI employees working in school district positions are contract employees, and as such, an IVP Fingerprint Clearance Card is mandated by law. Current and new ESI employees holding a valid Level I Fingerprint Clearance Card do not need to apply for an IVP Fingerprint Clearance Card at this point. However, when the current card expires each employee must apply for and obtain an IVP Fingerprint Clearance Card. ESI employees applying for a fingerprint clearance card for the first time will be required to apply for the IVP Fingerprint Clearance Card.
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ESI will maintain a supply of IVP Fingerprint Clearance Card application packets and will send them out upon request. Employees can have their fingerprints taken at a local law enforcement agency or professional fingerprinting company (some school districts also provide the IVP application service). The fingerprint technician is responsible for sending the fingerprint card and application to the Arizona Department of Public Safety along with the applicant’s fee. All instructions and details are included in the application packet itself. Upon receipt of their IVP Fingerprint Clearance Card, employees will need to send a copy of the card to the ESI. Our contact information can be found on our website. You must submit a copy of your Fingerprint Clearance card or Fingerprint Application to ESI. Failure to do so will delay your start date.
Reporting Suspected Child Abuse of Neglect Employees must immediately and independently ensure that the information regarding suspected abuse is reported to a peace officer or child protective services. Section 13-3620 (A), A.R.S., (Reporting Statute) requires all school personnel who reasonably believe that a minor is or has been a victim of child abuse or neglect to “immediately report or cause reports to be made of [the] information to a peace officer or to Child Protective Services.” Although informing a principal or other supervisor is advisable, this does not necessarily satisfy the teacher’s duty to ensure that the information regarding the suspected abuse is conveyed to a peace officer or Child Protective Services School personnel can ensure that the information is conveyed to the proper state investigating authority by either directly reporting the suspected abuse, or confirming that a report made to a supervisor, or principal or other person is immediately conveyed to a peace officer or Child Protective Services. Moreover, a school employee who receives a report of child abuse is also statutorily responsible for reporting the information to a peace officer or Child Protective Services. Any person who reasonably believes that a minor is or has been the victim of physical injury, abuse, child abuse, a reportable offense or neglect that appears to have been inflicted on the minor by other than accidental means or that is not explained by the available medical history as being accidental in nature or who reasonably believes there has been a denial or deprivation of necessary medical treatment or surgical care or nourishment with the intent to do harm must report to a peace officer or to Child Protective Services.
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Time Off Form Sick/Personal/Vacation Employee Name:
District & School Name:
Date(s) Type (PTO, Sick, Vacation, Unpaid)
Amount (in hours)
Employee Signature:
Please fax this form to (480) 907-1957 or email it to
[email protected]
(844) 614-7784
(480) 907-1957
21819 N Scottsdale Rd, Ste 100 Scottsdale, AZ 85255
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Accident Report Form Copper Point Mutual Insurance Co. Policy #1002227 Employee Full Name:
District:
Employee SS#:
School Site:
Employee Birthdate:
Address of Accident/Injury:
Employee Phone Number:
Date of Accident/Injury:
Employee Address:
Time of Accident/Injury:
Job Title:
Part of Body Injured:
Start & End Time of Work Day:
Nature of Accident/Injury:
Where did the accident/injury take place?
Describe how the accident/injury occurred:
(Please indicate what job was being performed and what went wrong. Include any machine, tool, or object that was being used in connection with the accident.)
Name(s) of Witness(es):
Copperpoint Mutual Insurance Company
Please send completed form to
[email protected]
3030 N. 3rd Street
Phone: 480-719-3533
Phoenix, AZ 85012
(844) 614-7784
(480) 907-1957
21819 N Scottsdale Rd, Ste 100 Scottsdale, AZ 85255
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