2024 AJK Employee Handbook
Employee Handbook
Welcome to A. J. Kirkwood & Associates, Inc. We are excited that you have made the choice to join A. J. Kirkwood & Associates, Inc. (“AJK”) and we want to help you quickly feel at home with us. As an employee AJK, you are an important member of a team effort. We know that you will find your position with AJK rewarding, challenging and productive. Because our success depends upon the dedication of our employees, we are highly selective in choosing new members of our team. We look to you and the other employees to contribute to the success of AJK. This employee handbook applies to all employees and is intended to provide guidelines and summary information about AJK's policies, procedures, benefits, and rules of conduct. This handbook is not intended to be a contract, but to summarize the policies and practices in effect at the time of publication. It is important that you read, understand, and become familiar with the handbook in order to comply with the standards that have been established. It is obviously not possible to anticipate every situation that may arise in the workplace or to provide information that answers every possible question. As a result, AJK reserves the right to modify or revise any policy, benefit, or provision, with or without notice, as it deems necessary or appropriate. The information in this employee handbook supersedes and replaces all previous handbooks and personnel policies. Please be aware that updates or changes to the policies and requirements contained herein may be communicated via email, with the new or updated documents posted to Bamboo HR. Please feel free to talk to any member of the AJK management team if you have questions or need additional information. Once again, welcome to the AJK team.
AJK Statement of Corporate Culture and Ethical Conduct Mission Statement A.J. Kirkwood and Associate’s mission is to deliver value to our clients through collaborative services, quality craftsmanship, safe work practices while utilizing cutting- edge technological platforms. Commitment Statement We will succeed because of our commitment to be accountable to each other. AJK strives to: • Provide every employee with the training, resources, and opportunity to achieve their BEST. • Serve our workforce by removing barriers to performance allowing them to satisfy our customers. • Promote ethical conduct. AJK employees strive to: • Gain the knowledge and competence to be the BEST within our industry. • Value the business needs of 1) our clients 2) their co-workers and 3) themselves. • Continuously achieve project, team, and organizational goals. Standards of Conduct Our most valuable asset is our reputation. We will protect it by honoring excellence in workmanship, customer service, and accountability. Our Employees will be: • Treated with dignity and respect. • Allowed to contribute to our organization’s success. • Recognized for their merit to our organization. We thrive because our customers trust us to: • Never compromise our clients’ integrity. • Never ask vendors for more than quality products, exceptional service, and competitive pricing. • Never trade favors for an unfair competitive advantage. We prove our integrity by honoring all commitments to AJK, our customers, our business partners, our fellow employees, and our families.
TABLE OF CONTENTS AT-WILL EMPLOYMENT STATUS ........................................................................................................................ 1 EQUAL EMPLOYMENT OPPORTUNITY STATEMENT ................................................................................... 1 AFFIRMATIVE ACTION POLICY ........................................................................................................................... 2 POLICY AGAINST UNLAWFUL HARASSMENT, DISCRIMINATION, AND RETALIATION ................. 3 HARASSMENT, DISCRIMINATION, AND RETALIATION COMPLAINT PROCESS ................................. 5 IMMIGRATION LAW COMPLIANCE ................................................................................................................... 6 RIGHT TO REVISE ..................................................................................................................................................... 6 EMPLOYMENT ELIGIBILITY .................................................................................................................................... 7 RECRUITING AND HIRING PROCEDURES ....................................................................................................... 7 NEW HIRES ................................................................................................................................................................. 7 EMPLOYEE CLASSIFICATION................................................................................................................................ 7 BREAK IN SERVICE ................................................................................................................................................... 8 ATTENDANCE AND PUNCTUALITY ................................................................................................................. 9 JOB DUTIES ................................................................................................................................................................ 9 WORK SCHEDULES ............................................................................................................................................... 10 PAYMENT OF WAGES........................................................................................................................................... 10 AUTOMATIC DEPOSIT ......................................................................................................................................... 10 ADVANCES .............................................................................................................................................................. 10 TIMEKEEPING REQUIREMENTS .......................................................................................................................... 10 DEDUCTIONS FOR EXEMPT EMPLOYEES ....................................................................................................... 11 OVERTIME FOR NON-EXEMPT EMPLOYEES .................................................................................................. 11 WEEKEND WORK ................................................................................................................................................. 12 HOLIDAYS WORKED............................................................................................................................................ 12 MEAL PERIODS ........................................................................................................................................................ 12 REST PERIODS ......................................................................................................................................................... 13 TRAVEL TIME ........................................................................................................................................................... 14 OVERNIGHT TRAVEL ............................................................................................................................................ 15 EMPLOYEE REIMBURSEMENT ............................................................................................................................. 15 LACTATION POLICY ............................................................................................................................................ 15 MAKEUP TIME .......................................................................................................................................................... 16 CALL-IN PAY ............................................................................................................................................................ 16 REPORTING TO WORK PAY .............................................................................................................................. 16 VOLUNTARY RESIGNATION ............................................................................................................................. 17 INVOLUNTARY TERMINATION AND PROGRESSIVE DISCIPLINE .......................................................... 17 PROTECTION OF AJK’S TRADE SECRETS AND CONFIDENTIAL INFORMATION ............................ 18 CONFLICTS OF INTEREST ................................................................................................................................... 19 CUSTOMER RELATIONS ...................................................................................................................................... 19 BUSINESS CONDUCT AND ETHICS ................................................................................................................. 20 WORKPLACE RESOLUTION ............................................................................................................................... 20 PERFORMANCE EVALUATIONS ........................................................................................................................ 21 PERSONNEL RECORDS ........................................................................................................................................ 21 NAMES AND ADDRESSES .................................................................................................................................... 22 PERSONAL HEALTH INFORMATION ............................................................................................................... 22 DRESS CODE AND OTHER PERSONAL STANDARDS ................................................................................ 22 PROHIBITED CONDUCT ..................................................................................................................................... 23 SOLICITATION AND DISTRIBUTION OF LITERATURE .............................................................................. 24 TOBACCO USE ....................................................................................................................................................... 25 DRUG AND ALCOHOL ABUSE POLICY .......................................................................................................... 25 BACKGROUND CHECKS .................................................................................................................................... 27 VEHICLE POLICY .................................................................................................................................................... 28 CELL PHONE USAGE ............................................................................................................................................. 28 ELECTRONIC COMMUNICATIONS ................................................................................................................. 29
INTERNET USAGE .................................................................................................................................................. 31 EMAIL & VOICEMAIL USAGE ............................................................................................................................... 31 GPS MONITORING POLICY ................................................................................................................................ 32 SOFTWARE DOWNLOADS ................................................................................................................................ 32 SOCIAL NETWORKING ....................................................................................................................................... 32 BLOGGING POLICY .............................................................................................................................................. 33 TELECOMMUTING ................................................................................................................................................ 33 EMPLOYEE REFERENCES ...................................................................................................................................... 34 NO SOLICITATION OF CUSTOMERS .............................................................................................................. 34 HEALTHCARE AND INCOME PROTECTION BENEFITS ............................................................................. 34 BENEFITS ELIGIBILITY ............................................................................................................................................ 35 MEDICAL BENEFITS ............................................................................................................................................... 35 RETIREMENT PLAN ................................................................................................................................................ 35 ESOP ........................................................................................................................................................................... 35 LIFE/ACCIDENTAL DEATH .................................................................................................................................. 35 DENTAL .................................................................................................................................................................... 35 DISABILITY................................................................................................................................................................ 35 WORKERS’ COMPENSATION ............................................................................................................................ 35 QUALIFYING EVENTS ........................................................................................................................................... 37 MODIFYING BENEFITS .......................................................................................................................................... 37 HOLIDAYS ................................................................................................................................................................ 37 PAID TIME OFF POLICY ........................................................................................................................................ 38 FAMILY AND MEDICAL LEAVE ACT.................................................................................................................. 39 CALIFORNIA FAMILY RIGHTS ACT (CFRA) .................................................................................................... 40 PREGNANCY DISABILITY LEAVE (PDL) ........................................................................................................... 48 STATE DISABILITY INSURANCE ......................................................................................................................... 49 EXTENDED MEDICAL LEAVE .............................................................................................................................. 50 PERSONAL LEAVE .................................................................................................................................................. 50 BEREAVEMENT LEAVE ........................................................................................................................................... 50 JURY DUTY AND WITNESS LEAVE.................................................................................................................... 51 TIME OFF FOR VOTING ........................................................................................................................................ 51 ORGAN AND BONE MARROW DONOR LEAVE ......................................................................................... 51 DOMESTIC VIOLENCE, SEXUAL ASSAULT OR STALKING LEAVE AND ACCOMMODATION....... 52 MILITARY LEAVE ..................................................................................................................................................... 52 SCHOOL ACTIVITIES LEAVE ............................................................................................................................... 53 VICTIMS OF FELONY CRIMES LEAVE ................................................................................................................ 54 VOLUNTEER SERVICE PERSONNEL LEAVE ..................................................................................................... 54 CONTINUING EMPLOYEE EDUCATION 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EMPLOYMENT POLICIES AT-WILL EMPLOYMENT STATUS AJK employees are employed on an at-will basis. Employment at-will means that the employment relationship may be terminated, with or without cause and with or without advance notice, at any time by the employee or AJK. Nothing in this handbook shall limit the right to terminate at- will employment. No manager or supervisor of AJK has any authority to enter into an agreement for employment for any specified period of time or to make an agreement for employment on other than at-will terms. Only the Board of Directors of AJK has the authority to make any such agreement, which is binding only if it is in writing. Nothing in this at-will statement is intended to interfere with an employee's rights to communicate or work with others toward altering the terms and conditions of employment. EQUAL EMPLOYMENT OPPORTUNITY STATEMENT AJK is an equal opportunity employer and makes employment decisions on the basis of merit. We want to have the best available person in every job. AJK policy prohibits harassment, discrimination, retaliation, and disrespectful or other unprofessional conduct based on race (including traits historically associated with race, such as hair texture and protective hairstyles, including braids, locks, and twists), color, creed, gender (including gender identity, gender expression, and transgender), sex, sex stereotype, pregnancy (including childbirth, breastfeeding or related medical conditions), request for medical and family care leave or pregnancy disability leave, religion (including all aspects of religious beliefs, observance or practice, including religious dress or grooming practices), marital status, registered domestic partner status, age, national origin (includes language use restrictions and possession of a driver's license issued to persons unable to prove their presence in the United States is authorized under federal law), ancestry, physical or mental disability (including HIV and AIDS), medical condition (including cancer or a record or history of cancer, and genetic characteristics), sexual orientation, genetic information, military and veteran status or any other basis protected by federal, state or local law, ordinance or regulation. It also prohibits discrimination, harassment, disrespectful, or unprofessional conduct based on the perception that anyone has any of these characteristics or is associated with a person who has or is perceived as having any of those characteristics. All such discrimination is both unlawful and against AJK policy. AJK is committed to compliance with all applicable laws providing equal employment opportunities. This commitment applies to all persons involved in AJK operations and prohibits discrimination by any employee of AJK. AJK prohibits discrimination against any job applicant, employee, or unpaid intern by any employee of AJK, including supervisors and coworkers. Pay discrimination between employees of the opposite sex performing substantially similar work, as defined by the California Fair Pay Act and federal law, is prohibited. Pay differentials may be valid in certain situations defined by law. Employees will not be retaliated against for inquiring about or discussing wages. However, AJK is not obligated to disclose the wages of other employees. Revised January 2024 Page 1 of 55
To comply with applicable laws ensuring equal employment opportunities to qualified individuals with a disability, AJK will make reasonable accommodations for the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or an employee, unless undue hardship would result. Applicants or employees who require an accommodation in order to perform the essential functions of the job should contact their supervisor or HR Manager and discuss the need for an accommodation. AJK will engage in an interactive process with the employee to identify possible accommodations, if any, which will help the applicant or employee perform the job. If the accommodation is reasonable and will not impose an undue hardship, AJK will make the accommodation. An applicant, employee, or unpaid intern who requires an accommodation of a religious belief or practice (including religious dress and grooming practices, such as religious clothing or hairstyles) should also contact an AJK representative with day-to-day personnel responsibilities and discuss the need for an accommodation. If the accommodation is reasonable and will not impose an undue hardship, AJK will make the accommodation. AFFIRMATIVE ACTION POLICY AJK is committed to providing equal opportunity in employment for all people without regard to race (including traits historically associated with race, such as hair texture and protective hairstyles, including braids, locks, and twists), ethnicity, religion, color, sex (including childbirth, breast feeding, and related medical conditions), gender, gender identity or expression, sexual orientation, national origin, ancestry, citizenship status, uniform service member and veteran status, marital status, pregnancy, age, protected medical condition, genetic information, disability, or any other category protected by applicable state or federal law. Hiring, compensating, training, promoting, and providing equal opportunities to applicants and employees, enhances the effectiveness, economic progress, and growth of AJK and its employees. AJK is pledged to develop and support an environment of affirmative action, including affirmative action recruitment of candidates for positions at all levels. This policy applies to all employees and applicants for employment. No job applicant is to be discriminated against because of these or any other factor unrelated to business. Additionally, AJK will provide registered domestic partners with all rights and benefits as required by law. While this document cannot be considered an employment contract between AJK and its employees, we view the principle of equal employment opportunity as a vital element in the employment process and as a hallmark of good management. In developing our affirmative action program, we commit ourselves to: • Recruiting, hiring, training, and promoting persons in all job classifications without regard to race, color, religion, sex, gender, national origin, ancestry, physical or mental disability, age, medical condition, marital status, gender expression, GINA, military service, sexual orientation, or any other non-job-related characteristics. Revised January 2024 Page 2 of 55
• Ensuring that promotion decisions are in accordance with equal employment opportunity requirements by imposing only valid, job-related requirements for promotional opportunities. • Ensuring that all personnel actions relating to compensation, benefits, transfers, termination, training, and education are administered in a nondiscriminatory manner. • Ensuring that outreach programs for positive recruitment, where appropriate and feasible, will be implemented. Advertisement for applications at each level will be placed with various organization and/or centers which can effectively reach minorities and women, as well as in newspapers which are circulated in the minority community and among women. • Other appropriate action will be taken to ensure that the recruitment, selections, employment, and training of employees will be done without regard to race, color, religion, sex, gender, national origin, ancestry, physical or mental disability, age, medical condition, marital status, gender expression, GINA, military service, sexual orientation, or any other non-job-related characteristics. These actions may involve, but are not limited to, general publication of opportunities in advertisements and industry reports. AJK will strive to make use of present minority and women apprentices and journey workers as recruiters, and to develop reasonable procedures to ensure employment opportunity; including reporting systems, on-site counseling, reviews, and briefing sessions. • AJK will make an annual review of its current Plan and its overall effectiveness and institute any revisions or modifications warranted. The review will analyze the affirmative action steps taken for evaluating the positive and adverse impact in the areas of outreach and recruitment, selection, employment, and training. AJK will work diligently to identify the cause and effect that result from their affirmative action measures. AJK will continually monitor these processes in order to identify the need for a new affirmative action effort and/or the participation of minorities and women in an effort to identify any types of underutilization. If underutilization exists, corrective active will be implemented. It is our desire that the combination of measurable goals and directed effort will make equal employment opportunity a fact at AJK. To ensure that our goals for equal opportunity may be achieved through our good faith efforts, we have established various levels of responsibility to both direct and oversee our affirmative action efforts. All employees are responsible for bringing to the attention of AJK any employment decision which they feel conflicts with the letter or spirit of the law. No action will be taken against any employee in any manner for reporting or opposing any form of unlawful discrimination and /or harassment. POLICY AGAINST UNLAWFUL HARASSMENT, DISCRIMINATION, AND RETALIATION AJK is committed to providing a work environment that is free of unlawful harassment, discrimination, and retaliation. In furtherance of this commitment, AJK strictly prohibits all forms of unlawful discrimination and harassment, including: discrimination or harassment on the basis Revised January 2024 Page 3 of 55
of race (including traits historically associated with race, such as hair texture and protective hairstyles, including braids, locks, and twists), ethnicity, religion, color, sex (including childbirth, breast feeding, and related medical conditions), gender, gender identity or expression, sexual orientation, national origin, ancestry, citizenship status, uniform service member and veteran status, marital status, pregnancy, age, protected medical condition, genetic information, disability, or any other category protected by applicable state or federal law. AJK’s policy against unlawful harassment, discrimination, and retaliation applies to all employees, including supervisors and managers. It also applies to all customers, vendors, and independent contractors as well as to all unpaid interns and volunteers (all of whom are designated for the terms of this policy as “Business Associates”). AJK prohibits managers, supervisors, and employees from harassing subordinates or co-workers as well as AJK’s Business Associates. Any such harassment will subject an employee to disciplinary action, up to and including immediate termination. AJK likewise prohibits its Business Associates from harassing our employees, unpaid interns, and volunteers. Examples of Prohibited Sexual Harassment: Sexual harassment includes a broad spectrum of conduct including harassment based on sex, gender, gender transition, gender identity or expression, or sexual orientation. By way of illustration only, and not limitation, some examples of unlawful and unacceptable behavior include: • Unwanted sexual advances; • Offering an employment benefit (such as a raise or promotion) in exchange for sexual favors, or threatening an adverse action (such as termination or demotion) for an employee’s failure to engage in sexual activity; • Visual conduct, such as leering, making sexual gestures, and displaying or posting sexually suggestive objects or images; • Verbal sexual advances, propositions, requests, or comments; • Electronically sending or posting sexually-related text messages, videos, or images; • Verbal abuse of a sexual nature, graphic verbal comments about an individual’s appearance, sexually degrading words used to describe an individual, and suggestive or obscene letters, notes, or invitations; • Physical conduct, such as touching, kissing, groping, assault, or blocking movement; • Physical or verbal abuse concerning an individual’s gender, gender transition, gender identity, or gender expression; and • Verbal abuse concerning a person’s characteristics such as pitch of voice, facial hair or the size or shape of a person’s body, including remarks that a male is too feminine, or a woman is too masculine. Other Examples of What Constitutes Prohibited Harassment: In addition to the above listed conduct, AJK strictly prohibits harassment concerning any other protected characteristic. By way of illustration only, and not limitation, such prohibited harassment includes: • Racial or ethnic slurs, insults, and any other offensive remarks based on a protected characteristic; • Jokes, whether written, verbal, or electronic, that are based on a protected characteristic; • Mocking or ridiculing another’s religious or cultural beliefs, practices, or manner of dress; Revised January 2024 Page 4 of 55
• Threats, intimidation, horseplay, or other menacing behavior that are based on a protected characteristic; • Inappropriate verbal, graphic, or physical conduct, including practical jokes based on a protected characteristic; • Electronically sending or posting harassing text messages, videos, or images; and • Other harassing conduct based on one or more of the protected characteristics identified in this policy. If you have any questions about what constitutes prohibited harassing behavior, ask your supervisor or another member of management. Prohibition Against Retaliation: AJK is committed to prohibiting retaliation against those who themselves or whose family members report, oppose, or participate in an investigation of alleged unlawful harassment, discrimination, or other wrongdoing in the workplace. By way of example only, participating in such an investigation includes, but is not limited to: • Filing a complaint with a federal or state enforcement or administrative agency; • Participating in or cooperating with a federal or state enforcement agency conducting an investigation of AJK regarding alleged unlawful activity; • Testifying as a party, witness, or accused regarding alleged unlawful activity; • Making or filing an internal complaint with AJK regarding alleged unlawful activity; • Providing notice to AJK regarding alleged unlawful activity; • Assisting another employee who is engaged in any of these activities. AJK is further committed to prohibiting retaliation against qualified employees who request a reasonable accommodation for any known physical or mental disability and employees who request a reasonable accommodation of their religious beliefs and practices. In addition, AJK will not penalize or retaliate against an employee who is a victim of domestic violence, sexual assault, or stalking for requesting leave time or accommodations in the workplace to ensure the employee’s safety and well-being. HARASSMENT, DISCRIMINATION, AND RETALIATION COMPLAINT PROCESS AJK encourages all employees to report any incidents of harassment, discrimination, and retaliation forbidden by this policy immediately so that complaints can be quickly and fairly resolved. If you believe you have been subjected to any form of harassment, discrimination, retaliation, or other prohibited conduct, please submit a complaint to your supervisor or the HR Manager as soon as possible after the incident. Your complaint should be specific and should include the names of the individuals involved and the names of any witnesses. Supervisors must promptly report all complaints of harassment, discrimination, or retaliation to the HR Manager of AJK. If you need assistance with your complaint, or if you prefer to make a complaint in person, contact Human Resources at [email protected].. AJK will timely undertake an effective, thorough, and objective investigation and attempt to resolve the situation. Revised January 2024 Page 5 of 55
Any complaint will remain confidential, to the extent possible, and will be monitored to ensure reasonable progress and timely closures. If AJK determines that harassment, discrimination, retaliation, or other prohibited conduct has occurred, appropriate and effective remedial action will be taken commensurate with the severity of the offense. Appropriate action also will be taken to deter any future misconduct. AJK will not retaliate against you for filing a complaint and will not knowingly permit retaliation by management employees or your coworkers. AJK also prohibits retaliation against anyone who participates in workplace investigations. Violation of this policy will subject an employee to disciplinary action, up to and including immediate termination. Moreover, any supervisor or manager who condones or ignores potential violations of this policy will be subject to appropriate disciplinary action, up to and including termination. Additionally, under California law, employees may be held personally liable for harassing conduct that violates the California Fair Employment and Housing Act. IMMIGRATION LAW COMPLIANCE AJK is committed to full compliance with the federal immigration laws. These laws require that AJK verify the identity and legal ability of all prospective employees to work in the United States no later than three business days after the date of hire. To comply with this regulation, AJK is enrolled in the Federal E-Verify program. Accordingly, all new hires must attest to their identity and legal authority to work in the United States on the USCIS Form 1- 9 in advance of the expiration of the authorization. All offers of employment and continued employment are contingent on the employee (or potential employee) furnishing satisfactory evidence of identity and legal authority to work in the United States. Any applicant or employee who submits false information to AJK will be terminated in accordance with federal regulations. RIGHT TO REVISE This employee handbook contains the employment policies and practices of AJK in effect at the time of publication. All previously issued handbooks and any inconsistent policy statements, or memoranda are superseded. AJK reserves the right to revise, modify, delete, or add to any and all policies, procedures, work rules, or benefits stated in this handbook or in any other document, except for the policy of at- will employment. Nothing in this employee handbook or in any other personnel document, including benefit plan descriptions, creates or is intended to create a promise or representation of continued employment for any employee. Revised January 2024 Page 6 of 55
HIRING EMPLOYMENT ELIGIBILITY AJK complies with the Immigration Reform and Control Act, employing only those persons who are legally eligible to work in the United States. All employees are asked on their first day of employment to provide original documents verifying the right to work in the United States and to sign a verification form required by federal law (USCIS Form I-9). If an individual cannot verify their right to work within three days of hire, AJK must terminate the individual’s employment. AJK participates in the E-Verify program, a service of the DHS and SSA. RECRUITING AND HIRING PROCEDURES We do not accept, nor keep on file, unsolicited applications or resumes. When a possible need to fill a position within AJK arises, the following procedures will be implemented: • Review past employees that fit the particular skill set that we need and then reach out to them. • If we are not able to fill the need from past employees, we utilize a referral method for locating additional talent. • If we cannot get a referral candidate, we then reach out to Employment Agencies and Temporary Services. • Only after exhausting all other means will we utilize a mass hire approach by utilizing newspaper ads, internet marketing or similar means. NEW HIRES The first 60 days of continuous employment at AJK are considered an introductory period. During this time, you will learn your responsibilities and get acquainted with fellow employees and with AJK. Completion of the introductory period does not entitle you to remain employed by AJK for any definite period of time. Your status as an at-will employee does not change - the employment relationship may be terminated with or without cause and with or without advance notice, at any time by you or AJK. After completion of the introductory period, eligible employees will receive the AJK-sponsored benefits described in this handbook. EMPLOYEE CLASSIFICATION Employees are classified as either exempt or non-exempt for pay administration purposes, as determined by the federal Fair Labor Standards Act (FLSA) and California’s wage and hour laws. The definitions of the worker classification categories can be summarized as follows: • Exempt Employees: Management, supervisory, professional, sales or administrative employees, whose positions meet FLSA and California standards, are exempt from overtime pay requirements. Revised January 2024 Page 7 of 55
• Non-exempt Employees: Employees whose positions do not meet the FLSA and California exemption standards are paid overtime according to state and federal law. • Full-Time Employees: Full-time employees are those who are scheduled for and do work 30 hours or more per week. Following the completion of the introductory period, regularly scheduled full-time employees are eligible for the employee benefits described in this handbook. • Part-Time Employees: Part-time employees are those who are scheduled for and do work fewer than 30 hours per week. Part-time employees are not eligible for employee benefits except those mandated by applicable law. • Temporary Employees: Temporary employees are those employed for short-term assignments. Short-term assignments generally are periods of three months or fewer; however, such assignments may be extended. Temporary employees are not eligible for employee benefits except those mandated by applicable law. • Minors: Minors will not be permitted to work unless they are legally able to do so under all applicable state and federal laws. Ordinarily, employees will not be hired unless they are at least age 18. Exceptions to this policy will be allowed only if the minor has a valid work permit that specifically authorizes the minor to work for AJK. In such a case, the minor may be permitted to work only in accordance with the terms, restrictions, and limitations set forth in the work permit. Human Resources can assist with providing department heads with work permit forms. In any case, where a difference exists between the standards set forth in the work permit and the rules established by the federal and state laws, the strictest standard shall apply. Therefore, a minor may not be allowed to work in violation of any legal standard, whether the standard is incorporated in a work permit, a state law, or a federal law. Supervisors must make certain minors work only in accordance with the terms of the work permit and applicable state and federal laws. Supervisors will be subject to disciplinary action, including the possibility of immediate termination, if they schedule or permit minors to work in a manner that violates any applicable legal standards. • Inactive Status: Employees who are on any type of leave of absence, work-related or non-work-related, that exceeds any protected state or federal leave of absence will be placed on inactive status and are not eligible to participate in AJK Employee Benefits Program, unless mandated by applicable law. BREAK IN SERVICE Employees whose break in service is less than the 60-day waiting period for health benefits will be reinstated into the health benefit plan in which they were enrolled prior to their termination pursuant to the terms and conditions of the particular benefit programs. Employees who have a break in service longer than 60 days must meet eligibility requirements for all benefits. Revised January 2024 Page 8 of 55
ATTENDANCE AND PUNCTUALITY As an employee of AJK, you are expected to be punctual and regular in attendance. Any tardiness or absence causes problems for your fellow employees and your supervisor. When you are absent, your assigned work must be performed by others. Employees are expected to report to work as scheduled, on time, and prepared to start work. Employees also are expected to remain at work for their entire work schedule, except for meal periods, rest breaks, or when required to leave on authorized AJK business. Late arrival, early departure, or other unanticipated and unapproved absences from scheduled hours are disruptive and must be avoided. If you are unable to report for work on any particular day you must, under all but the most extenuating circumstances, call your supervisor at least one hour before the time you are scheduled to begin working for that day. Excessive absenteeism will not be tolerated and can lead to discipline and/or termination. If you call less than thirty (30) minutes before your scheduled time to begin work and do not arrive in time for your assigned shift, you will be considered tardy for that day, unless your absence is due to a permitted use of Paid Time Off (PTO) for sick time or otherwise excused under California or federal leave law. In all cases of absence or tardiness, employees must provide their supervisor with an honest reason or explanation. Employees also must inform their supervisor of the expected duration of any absence. Excessive unexcused absenteeism or tardiness will not be tolerated. Please refer to the detailed Company Attendance Policy (separate document) for a detailed explanation of attendance expectations. JOB DUTIES During the introductory period, your supervisor will explain your job responsibilities and the performance standards expected of you. Be aware that your job responsibilities may change at any time during your employment. From time to time, you may be asked to work on special projects, or to assist with other work necessary or important to the operation of your department or AJK. Your cooperation and assistance in performing such additional work is expected. AJK reserves the right, at any time, with or without notice, to alter or change job responsibilities, reassign, or transfer job positions, or assign additional job responsibilities. Revised January 2024 Page 9 of 55
PAYROLL PROCEDURES WORK SCHEDULES AJK is normally open for business between the hours of 7 a.m. to 4 p.m. Monday through Friday. Your supervisor will assign your individual work schedule. All employees are expected to be at their desks or workstations at the start of their scheduled shifts, ready to work. The workweek begins at 12:01 a.m. Monday and ends at midnight on Sunday. PAYMENT OF WAGES All employees of AJK are paid every Friday for work performed during the previous week’s pay period. If a regular payday falls on a holiday, employees will be paid on the preceding day. AUTOMATIC DEPOSIT AJK offers automatic payroll deposit for all its employees. You may begin and stop automatic payroll deposit at any time. To begin automatic payroll deposit, you must complete a form (available from the payroll department) and return it to payroll at least 10 days before the pay period for which you would like the service to begin. You should carefully monitor your payroll deposit statements for the first two pay periods after the service begins. To stop automatic payroll deposit, complete the form available from the payroll department and return it to payroll at least 10 days before the pay period for which you would like the service to end. You will receive a regular payroll check on the first pay period after the receipt of the form, provided it is received no later than 10 days before the end of the pay period. AJK uses the US Mail to deliver your checks. AJK cannot be responsible if they do not arrive on Friday. If you have not received your check you can request a replacement check the following Thursday. ADVANCES AJK does not permit advances against paychecks. Any employee with an emergency should contact their supervisor. TIMEKEEPING REQUIREMENTS All non-exempt employees are required to complete and sign a timesheet to record time worked for payroll purposes. Employees must accurately record their own time at the start and at the end of each work period, including before and after the lunch break. Timecards must correctly indicate all of the 30-minute meal periods employees take, including their meal periods start and stop times. By signing their timecards each week, employees certify that all of the hours they have worked during the specified pay period are completely and accurately stated on their timecards. Employees also must record their time whenever they leave the building for any Revised January 2024 Page 10 of 55
reason other than AJK business, other than meal or rest periods. Any work performed before or after a regularly scheduled shift must be approved in advance by your supervisor. Any handwritten marks or changes on the timecard must be initialed by a supervisor. Employees are not allowed to work "off the clock." Completing another employee’s timecard, allowing another employee to sign your timecard, or altering a timecard is not permissible and is subject to disciplinary action. Any errors on your timecard should be reported immediately to your supervisor or the payroll department. Employees are expected to review and correct any errors on each timecard before signing and submitting it. Altering or falsifying any aspect of time records – including underreporting or over- reporting of working time – may result in disciplinary action, up to and including termination of employment. If you are asked to alter or falsify your time sheets, you must report this violation immediately to Human Resources. DEDUCTIONS FOR EXEMPT EMPLOYEES Employees paid on a “salary basis” regularly receive a predetermined amount of compensation each pay period. Subject to the exceptions listed below, exempt employees will receive full salary for any workday in which they perform any work, regardless of the number of days or hours worked. Exempt employees will not be paid for any workday in which they perform no work, subject to AJK benefits programs and policies. No deductions from salary may be made for time when work is not available, provided the exempt employee is ready, willing, and able to work. Deductions from pay are permissible when an exempt employee: • Is absent from work for one or more full days for personal reasons other than sickness or disability or a permissible absence under California and federal leave law; • Is absent for one or more full days due to sickness or disability and does not have any accrued paid time off available; • Is absent for jury duty or military duty and performs no work during the pay period; or • Works less than a full week during the initial or final week of employment, or when taking a qualified family/medical leave. If you believe that an improper deduction from your salary has been made, you should immediately report this information to your supervisor or Payroll Manager. Reports of improper deductions will be investigated promptly. If it is determined that an improper deduction has occurred, you will be promptly reimbursed for any improper deduction made. OVERTIME FOR NON-EXEMPT EMPLOYEES Employees may be required to work overtime as necessary. Only actual hours worked in a given workday or workweek can apply in calculating overtime. AJK will attempt to distribute overtime evenly and accommodate individual schedules. All overtime work must be previously authorized in writing by a supervisor. Revised January 2024 Page 11 of 55
AJK provides compensation for all overtime hours worked by non-exempt employees in accordance with state and federal law as follows: • All hours worked in excess of eight hours in one workday or 40 hours in one workweek will be treated as overtime. A workday begins at 12:01 a.m. and ends at midnight 24 hours later. Workweeks begin each Monday at 12:01 a.m.; • Compensation for hours in excess of 40 for the workweek, or in excess of eight and not more than 12 for the workday, and for the first eight hours on the seventh consecutive day of work in one workweek, shall be paid at a rate one and one-half times the employee's regular rate of pay; • Compensation for hours in excess of 12 in one workday and in excess of eight on the seventh consecutive workday in a workweek shall be paid at double the regular rate of pay; and • Exempt employees may have to work hours beyond their normal schedules as work demands require. No overtime compensation will be paid to exempt employees. WEEKEND WORK Weekend work does not automatically qualify for compensation at a premium rate of pay. Hours worked on Saturdays and/or Sundays qualify for premium pay only if they qualify as overtime hours under the standards noted above. HOLIDAYS WORKED Non-exempt employees who work on an AJK-recognized holiday shall be paid straight-time rate of pay for hours actually worked on the holiday. For full-time employees, this shall be in addition to being paid for the holiday. All full-time employees' holiday work must be approved in advance in writing by a supervisor. MEAL PERIODS Except for certain salaried exempt employees, it is our policy to provide and afford all employees who work more than five (5) hours in a work day with an uninterrupted thirty (30) minute meal period free from all duty to begin no later than the end of four and a half hours of work and a second uninterrupted thirty (30) minute meal period free from all duty to commence no later than the end of the 10th hour of work, should an employee work that many hours in any given day. Only in limited circumstances, discussed below, can meal periods be waived. For this reason, unless there is a written agreement for an on-duty meal period approved by the HR Manager, employees must record the beginning and ending time of their meal period(s) every day. It is our policy to relieve you of all duty during your meal periods, so that you are at liberty to use the meal period time as you wish. You may leave the premises for your meal period if you so desire. AJK schedules all work assignments with the expectation that all employees will take their duty-free meal periods and we encourage you to do so. You may be asked to confirm in writing that you have been relieved of all duty and otherwise provided all of your meal periods during a particular pay period, or in the alternative, identify any meal periods during which you were required to work. At no time may any employee perform off-the-clock work or otherwise Revised January 2024 Page 12 of 55
alter, falsify, or manipulate any aspect of their timekeeping records to inaccurately reflect or hide meal periods or time spent working during meal periods. Please note that no AJK manager or supervisor is authorized to instruct you how to spend your personal time during a meal or rest period. You should immediately report a manager’s or supervisor’s instruction to skip or work during a meal or rest period to the HR Manager. AJK strictly prohibits retaliation against any employee who reports violations of AJK’s meal and rest period policies. Waiver of Meal Period. You may waive your meal period only under the following circumstances: • If you will complete your work day in six (6) hours or less, you may waive your meal period as approved by your supervisor. • If you work over ten (10) hours in a day, you may waive your second meal period only if you have taken your first meal period that day and you do not work more than twelve (12) hours on that day. You may not waive your meal periods to shorten your work day. On-Duty Meal Period. In limited situations, certain designated employees may be authorized to work an “on-duty meal period” when the nature of the employee’s duties prevent the employee from being relieved of all duty. You will be permitted to take an on-duty meal period only if the nature of your job duties requires it and you and AJK have agreed to an on-duty meal period in writing. In this situation, your on-duty meal period will be paid and treated as hours worked. The on-duty meal period agreement is revocable by you or AJK at any time. AJK pays one-hour of premium pay to non-exempt employees at their regular rate of compensation for each day during which they are required by AJK to work during one or more meal periods or if AJK has not otherwise provided them with an opportunity to take one or more meal periods on any day in accordance with this policy. Because this should be an exceptional occurrence, if you are aware of such a situation, please be sure to bring it to our attention without delay. The one-hour premium will not apply in situations where the meal period is waived as permitted by law, where an employee has a lawful on-duty meal period, or if an employee personally chooses to deviate from AJK’s schedules or policies providing meal periods as required by law. REST PERIODS AJK provides non-exempt employees with the opportunity to take a net ten (10) minute paid rest period for every four (4) hours worked (or major fraction thereof), which should be taken so far as practicable in the middle of each four-hour work period. During your rest periods, you will be relieved of all duty so that you can enjoy this personal time. You may leave the premises for your rest period if you so desire. Rest breaks will be provided as follows: Revised January 2024 Page 13 of 55
Shift (Hours Worked in Day) Number of Paid Rest Breaks At least 3.5 and up to 6 hours 1 More than 6 and up to 10 hours 2 More than 10 and up to 14 hours 3 More than 14 hours Continue under the above schedule AJK generally will not authorize a rest period for employees whose total daily work time is less than three and one-half (3 ½) hours. Employees are generally authorized and permitted to schedule their rest periods at their own discretion under these guidelines; however, a supervisor may ask that rest periods be scheduled to best ensure the smooth operation of their Department. Rest periods may not be combined with other rest or meal periods. Rest periods are “on the clock” and counted as hours worked, and thus, you are not required to separately record your rest periods on your timecards or AJK’s timekeeping system. If your rest period is interrupted, you must notify your supervisor immediately so that arrangements can be made for you to take a further, uninterrupted, rest period required by AJK policy. No supervisor is authorized to instruct you to waive a rest period, and rest periods cannot be used to shorten the workday or be accumulated for any other purpose. Rest periods can be waived provided they are waived by an employee without any coercion from a supervisor and the waiver is purely voluntary. You may be required to confirm that you have been provided an opportunity to take all of your duty-free rest periods during a particular pay period (including pay periods when one or more rest periods have been voluntarily waived by you). AJK pays one-hour of premium pay to non-exempt employees at their regular rate of compensation for each day during which they are required by AJK to work during one or more rest periods or when they are not otherwise provided an opportunity by AJK to take one or more rest periods on any day in accordance with this policy. Because this should be an exceptional occurrence, if you are aware of such a situation, please be sure to bring it to our attention without delay. AJK strictly prohibits retaliation against any employee who reports violations of AJK’s rest period policy. The one-hour premium will not apply in situations where an employee personally chooses not to take a rest period or to deviate from AJK’s schedules or policies providing rest breaks as required by law. TRAVEL TIME Generally, employees who travel from home before the regular workday and return home at the end of the workday are engaged in ordinary home-to-work travel, which is not work time. However, all time spent traveling as part of an employee's main work activities (e.g., travel from one job site to another, or from the work location to a job site, during the workday) must be counted as hours worked and recorded on the employee's time sheet. Where an employee's job involves traveling from one site to another after reporting for the day's work, the travel time must be counted as hours worked. Travel time that occurs in addition to Revised January 2024 Page 14 of 55
regular working hours is considered hours worked if they are performed pursuant to a manager's instructions. OVERNIGHT TRAVEL When employees must take a trip by car, train, or other transportation that keeps them away from home overnight, time spent traveling must be counted as time worked. However, bona fide meal periods, as well as time where the employee is engaged in purely personal pursuits (i.e. sight-seeing) will be excluded. Once at the location away from home, travel to and from the different or new job or meeting site is also to be calculated at hours worked. Employees who are asked to travel will be given a Travel Time Pay Agreement to review and complete prior to beginning work travel. EMPLOYEE REIMBURSEMENT Employees will be reimbursed for all authorized expenses incurred while involved in AJK activities. These expenses can consist of but are not limited to: commercial transportation, meals, lodging expenditures, and job materials or supplies. An expense report, properly filled out and coded, must be approved by your immediate supervisor. AJK will make every effort to see that the properly completed expense is reimbursed to you on the week following the date it was received. LACTATION POLICY You have the right to request, and AJK will provide, accommodations required for employees to express breast milk as necessary. Employees should notify their immediate supervisor or the HR Manager to request accommodations to express breast milk under this policy. AJK will provide a reasonable amount of break time to accommodate an employee’s need to express breast milk for the employee’s infant child. The break time should, if possible, be taken concurrently with meal and rest periods already provided. Non-exempt employees should clock out for additional lactation breaks that do not run concurrently with normally scheduled meal and rest periods. Such additional breaks will be unpaid. AJK additionally will provide employees needing to express breast milk with a room or place, other than a restroom, to express breast milk in private. The room or location will be near the employee’s work area, shielded from view, and free from intrusion while the employee is expressing milk. In addition, the room or location will be safe, clean, and free of hazardous materials. It will contain a surface on which to place a breast pump and personal items, as well as a place to sit. It will provide access to electricity needed to operate an electric or battery- powered breast pump. A sink with running water and a refrigerator or cooler suitable for storing milk will also be made available as close as possible to the employee’s workspace. If a multipurpose room is used for lactation, among other uses, the use of the room for lactation will take precedence over the other uses, but only for the time it is in use for lactation purposes. If we are unable to provide a permanent space for lactation due to operational, financial, or space limitations, we will provide a temporary space other than a restroom that is near the employee’s Revised January 2024 Page 15 of 55
work area, shielded from view, free from intrusion while the employee is expressing milk, and has the other elements described above. Employees have the right to file a complaint with the California Labor Commissioner for any failure by AJK to provide appropriate lactation accommodations. MAKEUP TIME AJK allows the use of makeup time when non-exempt employees need time off to tend to personal obligations. Makeup time worked will not be paid at an overtime rate. Employees may take time off and then make up the time later in the same workweek or may work extra hours earlier in the workweek to make up for time that will be taken off later in the workweek. Makeup time requests must be submitted in writing to your supervisor, with your signature, on AJK-provided form. Requests will be considered for approval based on the legitimate business needs AJK at the time the request is submitted. A separate written request is required for each occasion the employee requests makeup time. If you request time off that you will make up later in the week, you must submit your request at least 24 hours in advance of the desired time off. If you request to work makeup time in order to take time off later in the week, you must submit your request at least 24 hours before working the makeup time. Your makeup time request must be approved in writing before you take the requested time off or work makeup time, whichever is first. All makeup time must be worked in the same workweek as the time taken off. AJK’s seven-day workweek is Monday through Sunday. Employees may not work more than 10 hours in a day or 40 hours in a workweek as a result of making up time that was or would be lost due to a personal obligation. If you take time off and are unable to work the scheduled makeup time for any reason, the hours missed will normally be unpaid. However, your supervisor may arrange with you another day to make up the time if possible, based on scheduling needs. If you work makeup time in advance of time you plan to take off, you must take that time off, even if you no longer need the time off for any reason. An employee’s use of makeup time is completely voluntary. AJK does not encourage, discourage, or solicit the use of makeup time. CALL-IN PAY AJK will pay a minimum of two hours of pay to employees who are required to report to work on a day other than their normally scheduled workday. REPORTING TO WORK PAY AJK will comply with all applicable regulations regarding reporting time pay for non-exempt employees. AJK will not pay employees for reporting under the following circumstances: Revised January 2024 Page 16 of 55
• Interruption of work because of the failure of any or all public utilities; or • Interruption of work because of natural causes or other circumstances beyond AJK’s power to control. VOLUNTARY RESIGNATION Voluntary resignation results when employees voluntarily quit their employment at AJK or fails to report to work for three consecutively scheduled workdays without notice to, or approval by, their supervisor. All AJK-owned property, including vehicle/registration certificate, keys/fob, uniforms, identification badges, credit cards, cell phone/smartphone, mobile technology (laptop/tablet/air-card), and tools must be returned immediately upon termination of employment. If you refuse an assignment you may be considered to have abandoned your job and AJK could consider you to have resigned your employment. This policy does not apply if you cannot accept an assignment due to any protected reason (for example, use of Paid Sick Time or another protected leave of absence). INVOLUNTARY TERMINATION AND PROGRESSIVE DISCIPLINE Violation of AJK’s policies and rules may warrant disciplinary action up to and including termination of employment. AJK has established a system of progressive discipline that includes verbal warnings, written warnings, and suspension. The system is not formal, and AJK may, in its sole discretion, utilize whatever form of discipline is deemed appropriate under the circumstances, up to, and including, termination of employment. AJK’s policy of progressive discipline in no way limits or alters the at-will employment relationship. All AJK-owned property, including vehicle/registration certificate, keys/fob, uniforms, identification badges, credit cards, cell phone/smartphone, mobile technology (laptop/tablet/air-card), and tools must be returned immediately upon termination of employment. This portion of the page Intentionally Left Blank. Revised January 2024 Page 17 of 55
AJK PRACTICES PROTECTION OF AJK’S TRADE SECRETS AND CONFIDENTIAL INFORMATION In the course of your employment with AJK, you may be exposed to and/or provided with trade secrets (“Trade Secrets”) and other confidential and proprietary information (“Confidential Information”) of AJK relating to the operation of AJK’s business and its customers (collectively referred to as “Trade Secrets/Confidential Information”). “Trade Secrets” mean information, including a formula, pattern, compilation, program, device, method, technique or process, that: (1) derives independent economic value, actual or potential, from not being generally known to the public or to other persons or entities who can obtain economic value from its disclosure or use; and (2) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. AJK’s Trade Secrets are: (1) not generally known to the public or to AJK’s competitors; (2) were developed or compiled at significant expense by AJK over an extended period of time; and (3) are the subject of AJK’s reasonable efforts to maintain their secrecy. “Confidential Information” means information belonging to AJK, whether reduced to writing or in a form from which such information can be obtained, translated, or derived into reasonably usable form, that has been provided to employees during their employment with AJK and/or employees have gained access to while employed by AJK and/or were developed by employees in the course of their employment with AJK, that is proprietary and confidential in nature. As part of the consideration employees provide to AJK in exchange for your employment and continued employment with AJK, you agree and acknowledge that all Trade Secrets/Confidential Information developed, created or maintained by you remains at all times the sole property of AJK, and that if the AJK’s Trade Secrets/Confidential Information were disclosed to a competing business or otherwise used in an unauthorized manner, such disclosure or use would cause immediate and irreparable harm to AJK and would give a competing business an unfair business advantage against AJK. Employees are strictly prohibited, at all times during their employment with AJK, except with prior written approval of AJK’s Board of Directors, from forwarding from their AJK email account to personal email account(s) any emails or documents containing any Trade Secrets/Confidential Information, as well as from copying, transferring or uploading to employee’s personal cloud- based or online storage accounts (such as a personal Dropbox or Google Drive account) any documents containing any Trade Secrets/Confidential Information. Employees are also strictly prohibited, at all times during their employment with AJK, except with the express or implicit authorization of AJK, and then only for the sole benefit of AJK during the term of employment, from removing from the premises of AJK any physical item or document, or any written, electronic or recorded copy of any physical item or document, containing or embodying any Trade Secrets/Confidential Information, including without limitations the same in electronic or digital form. Employees must not leave any of AJK’s Trade Secrets/Confidential Information unattended in any area, whether on or off AJK’s premises, where leaving such information Revised January 2024 Page 18 of 55
unattended creates a risk that the information may be accessed or acquired by any individual who is not authorized to view or access the Trade Secrets/Confidential Information. Employees must not, except as required in the conduct of AJK’s business or as authorized in writing by AJK, disclose or use during the term of their employment or subsequent thereto any Trade Secrets/Confidential Information. Furthermore, all records, files, plans, documents, and the like relating to the business of AJK you prepare, use, or come in contact with remains the sole property of AJK and is not to be copied without written permission of AJK and is to be returned to AJK on termination of your employment, regardless of whether requested by AJK to do so at the time of your termination, or at AJK’s request at any time. CONFLICTS OF INTEREST All employees must avoid situations involving actual or potential conflicts of interest. Personal or romantic involvement with a competitor, supplier, or subordinate employee of AJK which impairs an employee's ability to exercise good judgment on behalf of AJK creates an actual or potential conflict of interest. AJK has adopted this policy because of the potential problems posed by romantic or sexual relationships between employees. These problems include conflicts of interest, interference with the productivity of co-workers, and potential charges of sexual harassment. Such problems can be particularly serious in situations in which one person has a position of authority over the other, such as in a supervisor-subordinate position. AJK imposes the following restrictions on romantic or sexual relationships between employees: 1. A supervisor or manager must not engage in a romantic or sexual relationship with a subordinate employee under any circumstances. 2. If a supervisor or manager becomes involved in a romantic or sexual relationship with a non-subordinate non-management employee, the supervisor or manager must disclose the existence of such relationship immediately to the HR Manager. AJK will take all steps it deems necessary to prevent conflicts of interest and potential legal claims. 3. All employees must avoid romantic or sexual relationships with other employees that create conflicts of interest, potential charges of sexual harassment, or discord or conflicts in the workplace. 4. All employees are expected to behave in a professional manner and avoid inappropriate displays of affection, arguments over relationship issues, etc., in the workplace. Questions and clarifications will be addressed by the HR Manager. CUSTOMER RELATIONS Employees are expected to be polite, courteous, prompt, and attentive to every customer. When employees encounter an uncomfortable situation that they do not feel capable of handling, a Revised January 2024 Page 19 of 55
supervisor or manager should be called immediately. Ours is a service business and all of us must remember that the customer always comes first. Our customers ultimately pay all of our wages. Remember, while the customer is not always right, the customer always deserves to be treated with respect. Customers are to be treated courteously and given proper attention at all times. Never regard a customer's question or concern as an interruption or an annoyance. You must respond to inquiries from customers, whether in person or by telephone, promptly and professionally. Never place a telephone caller on hold for an extended period. Direct incoming calls to the appropriate person and make sure the call is received. Through your conduct, show your desire to assist the customer in obtaining the help they need. If you are unable to help a customer, find someone who can. All correspondence and documents, whether to customers or others, must be neatly prepared. Attention to accuracy and detail in all paperwork demonstrates your commitment to those with whom we do business. Never argue with a customer. If a problem develops and a customer remains unsatisfied, ask your supervisor or a manager to intervene. BUSINESS CONDUCT AND ETHICS Employees may accept unsolicited gifts, other than money, that conform to the reasonable ethical practices of the marketplace, including: • Flowers, fruit baskets and other modest presents that commemorate a special occasion. • Gifts of nominal value, such as calendars, pens, mugs, caps, and t-shirts (or other novelty, advertising, or promotional items). Generally, employees may not accept compensation, honoraria, or money of any amount from entities with whom AJK does or may do business. Tangible gifts (including tickets to a sporting or entertainment event) that have a market value greater than $100 may not be accepted unless approval is obtained from management. Employees with questions about accepting business courtesies should talk to their managers or the HR department. WORKPLACE RESOLUTION Suggestions for improving AJK are always welcome. At some time, you may have a complaint, suggestion, or question about your job, your working conditions, or the treatment you are receiving. Your good-faith complaints, questions, and suggestions also are of concern to AJK. We ask you to first discuss your concerns with your supervisor, following these steps: • Immediately or as soon as practical, bring the situation to the attention of your immediate supervisor, who will then investigate and provide a solution or explanation, as soon as possible. • If the problem persists, you may describe it in writing and present it to the HR manager, who will investigate and provide a solution or explanation. If you need assistance with your complaint, or you prefer to make a complaint in person, contact the HR Manager. We encourage you to bring the matter to the HR manager as soon as possible after you believe that your immediate supervisor has failed to resolve it. Revised January 2024 Page 20 of 55
• If the problem is not resolved, you may present the problem in writing to the HR Manger of AJK, who will attempt to reach a final resolution. If you need assistance with the written complaint, contact the HR Manager for help. This procedure, which we believe is important for both you and AJK, cannot guarantee that every problem will be resolved to your satisfaction. However, AJK values your observations and you should feel free to raise issues of concern, in good faith, without the fear of retaliation. PERFORMANCE EVALUATIONS AJK is strongly committed to each employee's merit capabilities. For this reason, as an employee of AJK, you have the right to achieve success based on your skills, ambition, and career path. As a valued employee, you will be able to look to AJK for individual recognition, fair treatment, challenging employment, and the opportunity to improve yourself. Performance of each employee shall be reviewed annually, or on or about the anniversary date of your employment. The frequency of performance evaluation may vary depending upon length of service, job position, past performance, changes in job duties, or recurring performance problems. Your performance evaluations may review factors such as the quality and quantity of the work you perform, your knowledge of the job, your initiative, your work attitude, and your attitude toward others. The performance evaluations are intended to make you aware of your progress, areas for improvement, and objectives or goals for future work performance. Favorable performance evaluations do not guarantee increases in pay or promotions. Pay increases and promotions are solely within the discretion of AJK and depend upon many factors in addition to performance. PERSONNEL RECORDS You have a right to inspect and receive a copy of the personnel records that AJK maintains relating to your performance or any grievance procedure. Contact your HR manager to make a request to review your personnel records. Certain documents may be excluded or redacted from your personnel file by law, and there are legal limitations on the number of requests that can be made. You may designate a representative to conduct the inspection of the records or receive a copy of the records. However, any designated representative must be authorized by you, in writing, to inspect or receive a copy of the records. AJK may take reasonable steps to verify the identity of any representative you have designated. The personnel records may be made available to you either at the place where you work or at a mutually agreeable location (with no loss of compensation for going to that location to inspect or copy the records). The records will be made available no later than 30 calendar days from the date AJK receives your written request to inspect or copy your personnel records (unless you/your representative and AJK mutually agree in writing to a date beyond 30 calendar days but no later than 35 calendar days from receipt of the written request). Revised January 2024 Page 21 of 55
If you request a copy of the contents of your file, you will be charged the actual cost of copying the records. AJK will restrict disclosure of your personnel file to authorized individuals within AJK. Any request for information contained in personnel files must be directed to the Payroll/HR Manager. Only the Payroll/HR Manager is authorized to release information about current or former employees. Disclosure of personnel information to outside sources will be limited. However, AJK will cooperate with requests from authorized law enforcement or local, state, or federal agencies conducting official investigations and as otherwise legally required. NAMES AND ADDRESSES AJK is required by law to keep current all employees’ names and addresses. Employees are responsible for notifying AJK in the event of a name or address change. PERSONAL HEALTH INFORMATION It is the policy of AJK to not maintain the personal health information of its employees or use any such information for employment decisions. As the Sponsor of the AJK. Health Plans, however, AJK is required to maintain summary health information such as age, gender, home zip code and enrollment status for the purposes of administering the Plans. AJK is required by law to protect the privacy of this information and as such AJK complies with all Federal and State privacy laws. DRESS CODE AND OTHER PERSONAL STANDARDS Because each employee is a representative of AJK in the eyes of the public, each employee must report to work properly groomed and wearing appropriate clothing. Employees are expected to dress neatly and in a manner consistent with the nature of the work performed. Employees who report to work inappropriately dressed may be asked to clock out and return in acceptable attire. Acceptable clothing for management, sales, or office employees includes suits, sport coats, or dress shirts and slacks, blouses and sweaters with skirts or dress slacks or dresses. Jeans, T-shirts, tank or halter-tops, and casual shoes or sneakers are not permitted for any employees. All clothing should be clean and without rips or holes. Polo shirts which are tucked in, will be allowed, as well as manufactured “non-tucked” dress shirts Monday through Friday. Jeans without rips or holes will be allowed on Fridays. Certain employees may be required to wear safety equipment or clothing. Any deviations from these guidelines must be approved by your supervisor. AJK will not enforce this policy in violation of any state or federal equal employment opportunity laws. AJK will provide reasonable accommodations to this policy for an employee’s religious beliefs and practices, medical needs, or other protected reasons, provided the requested accommodation does not create an undue hardship for AJK and/or does not pose a direct threat to the health or safety of others in the workplace and/or to the individual. Once AJK is aware Revised January 2024 Page 22 of 55
of the need for an accommodation, AJK will engage in an interactive process to identify possible accommodations. For more information, please see the HR Manager. PROHIBITED CONDUCT The following conduct is prohibited and will not be tolerated by AJK. This list of prohibited conduct is illustrative only; other types of conduct that threaten security, personal safety, employee welfare, and AJK operations also may be prohibited. The following actions on the part of an employee while not all-inclusive, may be cause for disciplinary action, including termination without prior warning: • Engaging in any behavior which demeans or otherwise injures the reputation and/or image of the Company or Client. • Entering AJK property while under the influence of, or having in their possession, any intoxicating beverage or illegal drug. This includes consumption, sale, or transfer of such substances during break times, meal periods, or during work time; • Falsifying employment records, employment information, or other AJK records; • Recording the work time of another employee or allowing any other employee to record your work time, or falsifying any timecard, either your own or another employee’s; • Theft and deliberate or careless damage or destruction of any AJK property, or the property of any employee or customer; • Removing or borrowing AJK property without prior authorization; • Unauthorized use of AJK equipment, time, materials, or facilities; • AJK does not condone or tolerate any acts of violence; • Participating in horseplay or practical jokes on AJK time or on AJK premises; • Carrying firearms or any other dangerous weapons on AJK premises at any time; • Engaging in illegal conduct of any kind; • Causing, creating, or participating in a disruption of any kind during working hours; • Insubordination, including but not limited to failure or refusal to obey the orders or instructions of a supervisor or member of management, or the use of abusive or threatening language toward a supervisor or member of management; • Using abusive language at any time on AJK premises; • Failing to notify a supervisor when unable to report to work, unless such failure is excused under the applicable California or federal leave law; • Unreported absence during a scheduled workday: • Failing to obtain permission to leave work for any unexcused reason during normal working hours without notifying a supervisor; • Failing to observe working schedules, including rest and lunch periods; • Failing to provide a physician’s certificate when requested or required to do so; • Sleeping or malingering on the job; • Making or accepting personal telephone calls, including cell phone calls, of more than three minutes in duration during working hours, except in cases of emergency; • Working overtime without authorization or refusing to work assigned overtime; • Violating AJK’s dress code; • Violating any safety, health, security or AJK policy, rule, or procedure; • Committing a fraudulent act or a breach of trust under any circumstances; Revised January 2024 Page 23 of 55
• Committing of, or involvement in, any act of harassment of another individual; • Failing to promptly report work-related injury or illness; • Recording conversations and taking pictures or videos without the authorization of the other parties using devices, including but not limited to cellular telephones, personal digital assistants, text-messaging devices, and other similar devices; • Abusing AJK telephone privileges. Non-business use of the internet, including, but not limited to texting, video streaming/downloading, instant messaging, blogging, posting, and personal cellular telephone use, during working time; • Carrying unauthorized passengers during working time; and • Unauthorized removal of scrap material including wire from any project performed by AJK. This statement of prohibited conduct does not alter AJK’s policy of at-will employment. Either you or AJK remains free to terminate the employment relationship at any time, with or without reason or advance notice. WORKPLACE VIOLENCE AJK maintains a workplace violence prevention plan, in accordance with CA Labor Code section 6401.9. Workplace violence is defined as any act of violence or threat of violence that occurs in a place of employment, including: • Threat or use of physical force against employee that results in, or has a high likelihood of resulting in, injury, psychological trauma, or stress, regardless of whether an injury is sustained. • Any incident involving a threat or use of a firearm or other dangerous weapon, including the use of common objects as weapons, regardless of whether an injury is sustained. Workplace violence does not include lawful acts of self-defense or defense of others. For more information, refer to the AJK Workplace Violence Prevention Plan. SOLICITATION AND DISTRIBUTION OF LITERATURE In order to ensure efficient operation of AJK’s business and to prevent disruption to employees, we have established control of solicitations and distribution of literature on AJK’s property. AJK has enacted rules applicable to all employees governing solicitation, distribution of written material, and entry onto the premises and work areas. All employees are expected to comply strictly with these rules. Employees who are in doubt concerning the application of these rules should consult with their supervisor. Employees are prohibited from soliciting or promoting support for any cause or organization during their working time or during the working time of the employee or employees at whom such activity is directed. Employees are prohibited from distributing or circulating any written or printed material in work areas at any time, or during their working time or during the working time of the employee or employees at whom such activity is directed. Under no circumstances Revised January 2024 Page 24 of 55
will non-employees be permitted to solicit or to distribute written material for any purpose on AJK property. TOBACCO USE The use of tobacco or any smokeless tobacco product is not allowed in any enclosed area of AJK’s property. Smoking is also prohibited within 25 feet of any AJK building. DRUG AND ALCOHOL ABUSE POLICY AJK is concerned about the use of alcohol, marijuana (regardless of prescription), illegal drugs, or controlled substances as it affects the workplace. Use of these substances, whether on or off the job, can detract from an employee’s work performance, efficiency, safety, and health and therefore seriously impair the employee’s value to AJK. In addition, the use or possession of these substances on the job constitutes a potential danger to the welfare and safety of other employees and exposes AJK to the risks of property loss or damage, or injury to other persons. Furthermore, the use of prescription drugs and/or over-the-counter drugs also may affect an employee’s job performance and may seriously impair the employee’s value to AJK. The following rules and standards of conduct apply to all employees either on AJK property or all job sites, including temporary field offices during the workday (including meals and rest periods). Behavior that violates AJK. policy includes: • Possession or use of an illegal or controlled substance, or being under the influence of an illegal or controlled substance while on the job; • Driving an AJK vehicle while under the influence of alcohol, marijuana or any illegal or controlled substance; and • Distribution, sale, or purchase of an illegal or controlled substance, including alcohol or marijuana while on the job. Violation of these rules and standards of conduct will not be tolerated and may result in discipline up to and including termination. AJK also may bring the matter to the attention of appropriate law enforcement authorities. An employee’s conviction on a charge of illegal sale or possession of any controlled substance while off AJK property will not be tolerated because such conduct, even though off duty, reflects adversely on AJK. In addition, AJK must keep people who sell or possess controlled substances off AJK premises in order to keep the controlled substances themselves off the premises. AJK will encourage and reasonably accommodate employees with alcohol, marijuana, or drug dependencies to seek treatment and/or rehabilitation. Employees desiring such assistance should request a treatment or rehabilitation leave. AJK is not obligated, however, to continue to employ any person who cannot perform essential job duties with or without reasonable accommodation because of drug, alcohol, or marijuana use. This policy on treatment and rehabilitation is not intended to affect AJK's treatment of employees who violate the regulations described previously. Revised January 2024 Page 25 of 55
This policy has been formulated for the safety and well-being of all employees. Your assistance and cooperation for the achievement of this goal is vitally important and required as a condition of your continued employment. AJK reserves the right to change the provisions of this policy and testing program at any time. What is the "workplace"? The workplace includes all job sites, including temporary field offices. This policy also extends to employees when operating AJK owned or leased vehicles and when on AJK business away from the normal workplace while the employee is on duty. Management will have sole discretion as to whether it will be safe for those employees to remain on duty. Definitions • "Drug" means any controlled substance or dangerous drug, including inhalants as defined by state and federal laws and regulations. • "Reasonable Suspicion" means a suspicion that would be held by an ordinary and prudent person. This may include, but is not limited to, suspected impairment on the job, altered job performance, habitual tardiness, or absenteeism. • "Under the Influence" means having a level of alcohol or drugs in the body to the extent that it impairs employee performance or jeopardizes the safety of employees or other persons. • "Test Positive for Drugs" means that a controlled substance, as defined by law, has been detected by a laboratory test. • "Test Positive for Alcohol" means that alcohol has been detected in an amount over the legal limit as defined by law. Pre-Employment Drug Screening Post-Offer, pre-employment drug and/or alcohol testing will be performed on all candidates as a condition of employment. Post-Accident Screening Employees involved in work-related recordable accidents will be tested as allowed by law. Management reserves the right to have post-accident screening for non-recordable work-related accidents. Injury or accident-based testing does not apply where the incident or accident is unlikely to have occurred as a result of drug or alcohol use, or where the cause of the incident or injury is known or clear (e.g., back sprains from lifting a heavy object, bug bites that require treatment, etc.). Reasonable Suspicion Testing Revised January 2024 Page 26 of 55
When there is reasonable suspicion that an employee is under the influence of drugs and/or alcohol, management reserves the right to require testing. Employment may be suspended (with pay) until the test results are received. The employee’s refusal to submit to testing may result in disciplinary action up to and including termination of employment. Random or General Testing Employees may be tested on a random or periodic basis to the extent permitted by applicable state and federal laws. The refusal of the employee to submit to testing may result in the termination of employment. Use of Qualified Laboratory All testing is done by a qualified, licensed laboratory designated by AJK. All collection sites and laboratories will administer and analyze the tests pursuant to approved guidelines and certified laboratory procedures in order to provide stringent and thorough quality control measures. Confidentiality All employee records are kept in the strictest of confidence and results are given only on a "need to know" basis. BACKGROUND CHECKS AJK is engaged in the design and construction of projects that may require specific background information on our employees. AJK may be required to conduct due diligence in investigating and determining that our employees meet with the contract obligations of said project. Should any employee refuse to submit to a background check for the aforementioned, they will not be permitted to work on that project and will be asked to leave the job immediately. AJK also reserves the right to conduct background checks on its employees that may include but are not limited to: • Verification of Social Security Numbers • Criminal and Civil Records • Driving Records • Credit History • Verification of Education and Past Employment • Verification of Professional Licenses • Reference Checks • Bankruptcy • Military Service Records Employees will be given a disclosure notice and an authorization form to sign prior to the commencement of the background check being conducted. AJK will maintain the confidentiality of all background check information. Information is released only on a "need to know" basis. Revised January 2024 Page 27 of 55
VEHICLE POLICY An employee assigned to an AJK vehicle will be held liable for any and all damage incurred should the employee allow the vehicle to be driven by any person other than the authorized (employee) driver. No employee shall permit any person who is not employed by AJK and/or who is not properly licensed to operate an AJK-owned vehicle at any time. All employees assigned to a vehicle must have their driving record and a valid drivers' license registered with AJK prior to driving the vehicle. AJK vehicles shall be used for business or commuting to and from work. Employees are responsible for all moving and non-moving violations that occur while driving an AJK vehicle. AJK vehicles may be equipped with GPS monitoring devices. All employees who are either required or requested to drive for AJK are expected to do so in a safe, courteous manner, and in conformance with all applicable laws. Employees driving for AJK are required to have a valid driver’s license and a safe driving record. Any employee cited by the authorities for “driving under the influence” while operating an AJK vehicle or on an AJK errand in a personal vehicle may be subject to disciplinary action, up to and including termination. Employees driving or riding as passengers in either AJK or personal vehicles on AJK business are required to wear seat belts. Under no circumstances may anyone ride in the back of an open vehicle. Employees driving personal vehicles on AJK business must have automobile insurance as required by state law. Because AJK believes in safe driving habits, any traffic violations received while in a vehicle on AJK business will be the sole responsibility of the employee. AJK does not assume responsibility for damages to any personal vehicle while on AJK business. Employees are encouraged to take steps to safeguard their vehicle from damage. Employees violating any of the above driving restrictions may be subject to disciplinary action, up to and including termination. For more detailed information on the AJK Vehicle Policy, refer to the AJK Fleet Safety Policy and Protocol. CELL PHONE USAGE Use of a cell phone while operating a vehicle or any potentially dangerous equipment may impair the employee’s ability to devote their full attention to the duty of operating the vehicle or equipment safely. It can present a distraction and prevent the employee from focusing attention on other vehicles, road conditions, safety concerns, and pedestrians. As a result, AJK prohibits the use of cellular telephones while driving without the use of a hands-free device. If an employee operates a motor vehicle while using a cell phone, the cellular phone must be used with a hands- free listening device. It may not be used under any circumstances that would distract an employee from the duty to drive in a safe and non-negligent manner. Drivers are encouraged to let cell phone messages go to voice mail, pull off the road/street, and park safely to make or return calls. Employees should also use safety belts and adhere to all posted speed limits and signs. All AJK employees driving on company business must review and sign the AJK Driver Distraction and Mobile Device Use Policy. Revised January 2024 Page 28 of 55
Employees working on job sites must also review the AJK Job Site Phone Usage Policy. ELECTRONIC COMMUNICATIONS For purposes of these policies, the following definitions apply: “Computers” are defined as desktop computers, laptops, handheld devices (including, but not limited to smart-phones, electronic tablets, air-cards/hotspots), computer software/hardware, and servers. AJK maintains a voice mail system, email system, stationary and transitory computers, and internet-connected terminals to assist in conducting the business of AJK. Computers, computer files, the email system, and software furnished to employees are the property of AJK and are intended for business use. These systems, including hardware, software, equipment, and the data stored in the system, are and remain at all times, the property of AJK whether such systems are accessible by your personal cell phone or located in your home, at a remote location or in an office. As such, all messages created, sent, received, or stored in the system, as well as all information and materials downloaded or uploaded to AJK computers, are and remain, the property of AJK. All AJK information systems will be subject to monitoring and auditing at all times. AJK employees should have no expectation of privacy with regard to their activity on AJK’s information systems. Even when a message is deleted or erased, it is still possible to retrieve the message. Use of any AJK information systems or dissemination of information in a manner bringing disrepute, damage, or ill-will against AJK will be considered a misuse and could result in disciplinary action, up to and including termination of employment. Any attempt to circumvent AJK’s security procedures is strictly prohibited. Unauthorized use, destruction, modification, and/or distribution of AJK information or information systems are strictly prohibited. Prohibited Use Under Any Circumstances It is not possible to identify every type of inappropriate or impermissible use of AJK information systems. The following conduct, however, is strictly prohibited under any circumstances and at any time: • Employees may not transmit, retrieve, download, or store inappropriate messages or images relating to sex, race, religion, ethnicity, or any other protected category as defined in the Equal Employment Opportunity Policy, or any other status protected under federal, state, and local laws. • Employees may not use AJK information systems in any way that violates the Company’s policy against unlawful harassment, including sexual harassment. By way of example, employees may not transmit messages that would constitute sexual harassment; may not use sexually suggestive or explicit screen savers or backgrounds; may not access, browse, receive, transmit, or print pornographic, obscene or sexually offensive material or information; and may not access, browse, transmit, retrieve, download, store, or print messages or images that are offensive, derogatory, defamatory, off-color, sexual in content, or otherwise inappropriate in a business environment. Employees are also prohibited from communicating threatening or harassing statements to another employee, or to a vendor, customer, or other outside party. Revised January 2024 Page 29 of 55
• Employees may not use AJK information systems in any manner that violates the AJK’s rules of conduct. • Employees may not use AJK information systems in any manner that violates the AJK’s Policy on Confidential and Trade-Secret Information. • Employees may not use or allow another individual to use AJK information systems for any purpose that is competitive with AJK. All such access and use is unauthorized. • Employees must honor and comply with all laws applicable to trademarks, copyrights, patents and licenses to software and other electronically available information. Employees may not send, receive, download, upload, or copy software or other copyrighted or otherwise legally protected information through AJK information systems, email, or the Internet without prior authorization. • Employees may not engage in gambling of any kind, stream movies or videos, watch television programs, or play electronic games utilizing AJK information systems. • Employees may not engage in day trading, or otherwise purchase or sell stocks, bonds or other securities or transmit, retrieve, download, or store messages or images related to the purchase or sale of stocks, bonds, or other securities through AJK information systems. • Use of AJK information systems for illegal or unlawful purposes, including obscenity, libel, slander, fraud, plagiarism, intimidation, forgery, impersonation, soliciting for illegal pyramid schemes, and computer tampering (e.g. spreading of computer viruses) is strictly prohibited. Prohibited Use During Working Time The following conduct is prohibited during an employee’s working time, which excludes time spent on an employee’s meal or rest break, or before or after an employee’s shift: • Employees may not solicit personal business opportunities or conduct personal advertising through AJK information systems. • Employees may not download, transmit, stream, or retrieve messages, data, or information from multi-network gateways, real-time data, and conversation programs including, but not limited to, messaging services, social media, or similar platforms, unless such activity is necessary for business purposes. Access Control – Individual Responsibility Access to all AJK information systems is controlled by the use of User IDs, passwords, and/or tokens. All User IDs and passwords are uniquely assigned to individual employees and consequently, all employees are accountable for all of their actions on the AJK information systems. Employees must not: • Allow anyone else to use their User ID/token and password on any AJK system. • Leave their user accounts logged in at an unattended and unlocked computer. • Use someone else’s User ID and password to access AJK information systems. • Leave their password unprotected (for example, writing it down). Revised January 2024 Page 30 of 55
• Perform any unauthorized changes to AJK information systems or information. • Attempt to access data that they are not authorized to use or access. • Connect any non-AJK authorized device to the AJK network or system. • Give or transfer AJK data or software to any person or organization. Protection of Employee Data and Personal Information AJK takes the protection of Employee data and personal information very seriously. For a detailed listing of our data protection and retention measures, please refer to the AJK Employee Privacy Policy. INTERNET USAGE Internet usage is provided to AJK employees to conduct work-related business. Incidental and occasional personal use is permitted. This privilege should not be abused and must not affect a user’s performance of employment related activities. This policy applies to employee postings on Internet web logs (blogs), chat rooms, instant messaging, emails, digital streaming services, as well as any other Internet or computer use. EMAIL & VOICEMAIL USAGE Email and voicemail accounts are provided to AJK employees to conduct work-related business. While this resource is to be used primarily for business, AJK realizes that employees may occasionally use this privilege for personal matters, and therefore permits limited personal email and voicemail use as long as it does not affect the user’s performance of employment related activities, or consume excessive system resources. All email and voicemail messages on the AJK information systems, including those of a personal nature, are the property of AJK. As such, all messages can and may be periodically monitored. Employees of AJK are required to demonstrate professionalism in all communications, including email, texting, and voicemail. Outgoing and incoming email or voicemail of an offensive, pornographic, or otherwise inappropriate nature is prohibited. Violations of this may result in disciplinary action, up to and including termination of employment. Return of Equipment, Data, and Property All AJK computer equipment and data, including but not limited to: laptops, mobile devices including tablets, cellphones, air-cards, and USB memory devices, must be returned to AJK at termination of contract or at AJK’s request at any time. All AJK computer data or intellectual property developed or gained during the period of employment remains the property of AJK and must not be retained beyond termination or reused for any other purpose. Revised January 2024 Page 31 of 55
GPS MONITORING POLICY AJK reserves the right to monitor the movement and location of employees in possession of AJK- issued property containing, or properly installed with, a Global Positioning System (“GPS”). Examples of AJK-issued property containing GPS include, but are not limited to, vehicles, cell phones, tablets, and other AJK-issued devices. Employees who are in possession of such property are subject to monitoring during work and commuting times only and should have no expectation of privacy as to their location and whereabouts when using AJK property installed with GPS. Any tampering, altering, or disabling of any GPS system or device is strictly prohibited and may result in disciplinary action, up to and including termination. All monitoring conducted by AJK pursuant to this policy shall be conducted exclusively for the purpose of addressing a legitimate business need or needs. Some examples of legitimate business needs include, but are not limited to; enhancing employee job performance, personnel safety, and ensuring policy compliance. Any information collected pursuant to this policy will be maintained no longer than is necessary for AJK to accomplish the desired legitimate business need(s). The Human Resources Department is responsible for the administration of this policy. If you have any questions about this policy, please contact the Human Resources Department. SOFTWARE DOWNLOADS The downloading of software from the Internet is prohibited because of the significant risk of infecting AJK systems with a virus and the unreliability of such downloaded software. If legitimate software is required, please contact the IT department to review and install any approved software. All AJK information systems will be subject to periodic inventory and inspection to check for the presence of threats and if it is determined that any unnecessary and unreliable software was downloaded, you may be asked to remove it. Employees learning of any misuse of the voice mail or electronic mail system, or the Internet, or violation of this policy should notify IT immediately. SOCIAL NETWORKING AJK is committed to maintaining a good relationship with its employees and with the outside world. If AJK sustains a positive reputation and excellent image in the public eye, it directly benefits AJK as a whole in addition to putting you in an advantageous situation as an employee. The way the public views AJK is vital to promoting business, gaining new business, retaining first- class employees, recruiting new employees, and marketing our products and services. While AJK has no intentions of controlling employees’ actions outside of work, it is important that employees practice caution and use discretion when posting content on the internet, especially on social networking sites that could affect AJK’s business operations or reputation. Having your own, individual social networking account and using it on your own time is certainly permissible. However, keep in mind that some actions on your personal site are visible for the Revised January 2024 Page 32 of 55
entire social networking community and are no longer private matters. While AJK will not be continuously monitoring employees’ personal conduct on social networking sites, and will not require disclosure of passwords, information, or request access, it might be a good guideline to assume that anything posted on your personal social networking profile could potentially be seen by anyone at AJK. It is for your own security and defense that you follow these guidelines: • Do not use blogging or social networking sites that are not designed for business purposes, to talk about AJK business on your personal account, even on your own time. Do not post anything you would not want your manager/supervisor to see or that would put your job in jeopardy. • Do not use AJK’s name, logo, address, or other information in your personal profile. This is for your physical safety, as well the safety of everyone else at AJK, and the protection of AJK’s brand. • Do not post any pictures or comments involving AJK or other AJK employees that could be construed as inappropriate. • You are also responsible for what other users post on your individual social networking profile. Do not allow inappropriate or sensitive information regarding AJK anywhere on your profile, even if it is generated by a different user. • Remember that if your personal profile is visible to other employees at AJK, supervisors, managers or peers, practice caution. You have control over yourself, but not over these employees, and just one inappropriate picture or comment taken out of context could fall into the wrong hands and cost you your job. This policy will not be interpreted or applied so as to interfere with the rights of employees to discuss or share information related to their wages, hours, or other terms and conditions of employment. Employees have the right to engage in or refrain from such activities. BLOGGING POLICY Blogging has become a popular activity on the internet and you may now or in the future decide to start a blog. AJK takes no position on your decision to start or maintain a blog. You are, however, prohibited from "blogging" on work time or during working hours. Likewise, you may not use AJK computers (or other AJK provided devices) to blog. You are also subject to AJK's discipline policy for any blog posting that discusses, directly or indirectly, AJK, its business or its managers, employees, or former employees. That is true for both current AJK activities or those planned or being discussed. The actual content of the posting is irrelevant. That is, it does not matter if the posting is positive or negative. Unless specifically instructed, you are not authorized to speak on behalf of AJK and, therefore, must not do so. This policy will not be interpreted or applied so as to interfere with the rights of employees to discuss or share information related to their wages, hours, or other terms and conditions of employment. Employees have the right to engage in or refrain from such activities. TELECOMMUTING Telecommuting provides employees with an opportunity to work from an alternative work environment instead of in the primary location of AJK. Telecommuting must be pre-approved by an employee’s supervisor and cannot be initiated without a Telecommuting Agreement. Revised January 2024 Page 33 of 55
AJK retains the right in its sole discretion to designate positions that are appropriate for telecommuting and approve employees for telecommuting. Telecommuting does not change the conditions of employment or required compliance with all AJK policies and procedures. AJK reserves the right to change or terminate the Telecommuting Agreement at any time, without cause or advance notice. An employee’s ability to work under a Telecommuting Agreement rests in the sole discretion of AJK. Telecommuting is a privilege and may not be appropriate for all employees. If you wish to request a Telecommuting Agreement, contact your supervisor. Unless otherwise agreed in the Telecommuting Agreement, hours and days of work will not change. Employees agree to apply themselves during work hours. Nonexempt employees agree not to work outside of scheduled hours without advance approval; this includes such activities as checking and responding to emails. Any work outside of a scheduled shift must be reported to a supervisor. Telecommuting is not intended as a substitute for childcare or care for another adult. If a child or adult needs care during work time, another responsible individual is expected to be present. EMPLOYEE REFERENCES All requests for references must be directed to the HR manager. No other manager, supervisor, or employee is authorized to release references for current or former employees. By policy, AJK discloses only the dates of employment and the title of the last position held of former employees. If you authorize the disclosure in writing, AJK also will inform prospective employers of the amount of salary or wage you last earned. NO SOLICITATION OF CUSTOMERS Customer lists of AJK are not publicly known, are considered a trade secret, and are solely the property of the AJK. Former employees of AJK are forbidden from directly or indirectly soliciting business as to products or services competitive with those of AJK based on information from customer lists obtained while an employee of AJK. BENEFITS AND TIME OFF HEALTHCARE AND INCOME PROTECTION BENEFITS AJK provides comprehensive healthcare and income protection benefits for eligible employees and their dependents. Benefit eligibility may be dependent upon your employee classification (full-time versus part-time, for example) and on length of continuous employment at AJK. Benefit eligibility requirements may also be imposed by the plans themselves. Upon becoming eligible for certain insurance plans, you will receive Summary Plan Descriptions which describe the benefits in greater detail. For information regarding employee benefits and to answer any questions you may have contact Human Resources. Revised January 2024 Page 34 of 55
BENEFITS ELIGIBILITY During the first 60 days of continuous employment at AJK, you will not be eligible to participate in AJK’s Healthcare Benefits Program. Once you have completed the 60 days, you become eligible st on the 1 of the following month. MEDICAL BENEFITS Comprehensive major medical coverage is provided to all full-time employees. AJK will pay 100% of the lower premium plan for the employee and 50% for family members. Other plans may be available for an additional cost. Rates will be provided to you with your enrollment packet. RETIREMENT PLAN AJK provides a 401k Retirement Savings Plan for eligible employees upon hire in order to assist in planning for their retirement. For information regarding eligibility, contributions, benefits, and tax status, contact AJK’s retirement broker, Lloyd Engleman at [email protected] All eligible participants will receive a summary plan description. ESOP AJK is an Employee Owned Organization. All employees who are twenty-one (21) years of age and achieve 1,000 hours of service in the first twelve (12) months of their employment are eligible to participate. AJK makes all contributions to the Employee Stock Option Plan (ESOP). LIFE/ACCIDENTAL DEATH Each employee is provided with a $25,000 term life insurance policy at no cost to the employee. DENTAL AJK offers group dental plans to all full-time employees and their families. AJK pays 100% of the premium for the employee and their families on the HMO plan. There is also a PPO plan available for an additional cost. Rates will be provided to you with your enrollment packet. DISABILITY Disability benefits are as provided by the State of California. WORKERS’ COMPENSATION AJK in accordance with state law; provides insurance coverage for employees in case of work- related injury. The workers’ compensation benefits provided to injured employees may include: • Medical care. • Cash benefits, tax free, to replace lost wages. • Assistance to help qualified injured employees return to suitable employment. Revised January 2024 Page 35 of 55
To ensure that you receive any workers’ compensation benefits to which you may be entitled, you will need to: • Immediately report any work-related injury to your supervisor. • Seek medical treatment and follow-up care if required. • Complete a written Employee’s Claim for Workers Compensation Benefits (DWC Form 1) and return it to your supervisor. • Provide AJK with a certification from your health care provider regarding the need for workers’ compensation disability leave, as well as your eventual ability to return to work from the leave. Upon submission of a medical certification that an employee is able to return to work after a workers’ compensation leave, the employee under most circumstances will be reinstated to the same position held at the time the leave began, or to an equivalent position, if available. An employee returning from a workers’ compensation leave has no greater right to reinstatement than if the employee had been continuously employed rather than on leave. For example, if the employee on workers’ compensation leave would have been laid off had the employee not gone on leave, or if the employee’s position has been eliminated or filled in order to avoid undermining AJK’s ability to operate safely and efficiently during the leave, and no equivalent or comparable positions are available, then the employee would not be entitled to reinstatement. An employee’s return depends on the employee’s qualifications for any existing openings. If, after returning from a workers’ compensation disability leave, an employee is unable to perform the essential functions of their job because of a physical or mental disability, AJK’s obligations to the employee may include reasonable accommodation, as governed by the Americans with Disabilities Act. Workers’ Compensation and Paid Sick Time Paid Sick Time is a benefit that also covers absences for work-related illness or injury. Employees who have a work-related illness or injury are covered by workers' compensation insurance. You will be paid your regular wages for the time you spend seeking initial medical treatment. Any further medical treatment will be under the direction of the health care provider. Any absences from work for follow-up treatment, physical therapy or other prescribed appointments will not be paid as time worked. If you have accrued and unused sick leave, and the time off is not covered by federal family and medical leave (FMLA OR CFRA), the additional absences from work will be paid with the use of sick leave. If the absences are covered by FMLA OR CFRA, you may choose to substitute sick leave for any time that would otherwise be unpaid. If you do not have accrued, Paid Sick Time, or if you have used all of your sick leave, you may choose to substitute vacation/paid time off for further absences from work, related to your illness or injury. Workers’ Compensation and FMLA/CFRA Employees who are ill or injured as a result of a work-related incident, and who are eligible for family and medical leave under state and federal law (Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA)), will be placed on FMLA/CFRA during the time they are Revised January 2024 Page 36 of 55
disabled and not released to return to work. The leave under these laws runs concurrently, and eligible employees will be on FMLA/CFRA for a maximum of 12 weeks in a 12-month period. QUALIFYING EVENTS It is the employee’s responsibility to immediately submit written notification to the Human Resource Manager when a qualifying event has occurred that will impact your insurance coverage, the coverage of a spouse or the coverage of your children. Qualifying events include a change in marital status, divorce, birth or adoption of a child, or the cancellation of spouse and/or dependents from another policy that would require the need for medical coverage. Any changes to your policy, other than those deemed as qualifying events, must wait until the open enrollment period. If the qualifying events are not reported in writing to Human Resources within the necessary time frame of 30 days from the event date, the employee will be responsible for the lack of coverage to those needing it, and may run the risk of having to wait until open enrollment to obtain policy coverage. MODIFYING BENEFITS AJK reserves the right to modify, amend or terminate benefits and to modify or amend benefit eligibility requirements at any time and for any reason, subject to any legal restrictions. In general, however, changes to the AJK Employee Benefits Program will be announced during our open enrollment in March of each year. All documents relating to the AJK Employee Benefits Program, including the Summary Plan Descriptions, HIPAA Privacy Notice, Initial COBRA Notice, and any other relevant Plan Documents or Notices, are available electronically through AJK Benefits Web Site on Bamboo. Employees may also receive a paper copy of any of the above documents free of charge by contacting Human Resources, who handles benefit plan issues for AJK. Any changes to AJK. Employee Benefits Program will be announced during our open enrollment in March of each year. HOLIDAYS AJK generally observes the following paid holidays: • January 1 (New Year’s Day) • Memorial Day • July 4th (Independence Day) • Labor Day • Thanksgiving Day • Christmas Day Revised January 2024 Page 37 of 55
When a holiday falls on a Saturday or Sunday, it will be observed on the preceding Friday or the following Monday. To be eligible for holiday pay, you must work your regularly scheduled working days immediately preceding and immediately following the holiday. PAID TIME OFF POLICY AJK believes that it is important for employees to have regular periods of rest and relaxation away from the workplace, and also recognizes that illness and the need for routine health care occasionally prevent employees from being able to perform their duties. California law also provides for mandatory paid sick time under the Healthy Workplaces, Healthy Families Act (the “Act”). AJK's paid time off policy meets the requirements of the Act. Paid Time Off (“PTO”) provides employees the freedom to decide how to use their personal time off; for example: • For periods of illness, also referred to as sick time • As vacation • For personal business • For doctor or dental appointments • For personal emergencies • For family emergencies • In the event of severe weather or adverse driving conditions Paid time off can accrue to a maximum as stated below. Once this cap is reached, no further paid time off will accrue until some paid time off is used. Employees will accrue at the rate noted below. Non-exempt employees will be paid out semi-annually based off the date of hire (unless changed in writing to HR Manager). Vacation schedules must be approved by your supervisor. AJK’s schedule will determine permissible paid time off periods, which employees may need to defer or adjust accordingly where business needs dictate. Both Full Time and Part Time Employees will begin accruing paid time off from the 1st day of employment. Employees may use accrued paid time off for paid vacation leave, paid sick time or any other type of paid time off. Employees taking time off for their own illness, scheduled physician visits, or dental appointments or those appointments as they relate to a family member should schedule this time off with a supervisor in advance when possible. Any unforeseen time off due to illness should be communicated to your supervisor as soon as practical. Requests to use time off for personal reasons or vacation purposes should be scheduled in advance with your supervisor. An employee whose employment terminates will be paid for accrued, unused paid time off. Employees on unpaid leave do not accrue paid time off. New Hires will begin accruing PTO upon their hire date but are not eligible to take PTO until satisfying the 60-day probationary period. Employees hired after March 20, 2023, will accrue up to two weeks of PTO per year with a maximum accrual cap of 17 days. Revised January 2024 Page 38 of 55
* Part Time Employees will accrue PTO/Sick Pay at .03 per hour worked, with a maximum of 40 hours accrued per year. A maximum PTO accrual cap per year of 40 hours can be rolled into the next year with a maximum accrual cap of 80 hours. An employee may not use paid time off before its accrual. Employees will not be paid for any time in excess of accrued paid time off. An employee can use accrued PTO for any of the qualifying reasons protected by the Act. Employees must take PTO in two-hour increments. All employees that are on an approved leave of absence (PDL, FMLA, CFRA or Jury Duty) maintain their benefits eligibility for the period required under the guidelines of California and/or federal law. Unpaid hours due to a protected leave will be excluded from full-time calculations for the purposes of determining benefits eligibility. Leave under this policy may run concurrently with leave taken under local, state, or federal law, including leave taken pursuant to the California Family Rights Act or the Family and Medical Leave Act. For more information regarding this policy, contact the HR Manager. FAMILY AND MEDICAL LEAVE ACT The Family and Medical Leave Act (“FMLA”) provides eligible employees the opportunity to take unpaid, job-protected leave for certain specified reasons. The maximum amount of leave you may use is either twelve (12) or twenty-six (26) weeks within a twelve (12) month period depending on the reasons for the leave. Employee Eligibility under FMLA To be eligible for FMLA leave, you must: • Have worked at least twelve (12) months for AJK. Employment periods preceding a break in service of more than seven years must be counted in determining whether the employee has been employed by the AJK for at least 12 months. • Have worked at least 1,250 hours for AJK over the twelve (12) months preceding the date your leave would begin; and • Currently work at a location where there are at least fifty (50) employees within seventy- five (75) miles. All periods of absence from work due to or necessitated by service in the uniformed services are counted in determining FMLA eligibility. Reasons for Taking Leave under FMLA FMLA leave may be taken for the following reasons: • Birth of an employee’s child, including time for bonding with the child after birth (up to twelve (12) weeks). Such time is available to employees regardless of sex or gender. • Placement of a child with an employee in connection with the adoption or foster care of the child by the employee (up to twelve (12) weeks). Such time is available to employees regardless of sex or gender. Revised January 2024 Page 39 of 55
• To care for an immediate family member (employee’s spouse, child, or parent) with a serious health condition (up to twelve (12) weeks). • Because of an employee’s serious health condition that makes the employee unable to perform the functions of the employee’s position (up to twelve (12) weeks). • To care for a Covered Servicemember with a serious injury or illness related to certain types of military service (up to twenty-six (26) weeks) (see Military-Related FMLA Leave for more details). • To handle certain qualifying exigencies arising out of the fact that the employee’s spouse, son, daughter, or parent is on duty under a call or order to active duty in the Uniformed Services (up to twelve (12) weeks) (see Military-Related FMLA Leave for more details). The maximum amount of leave that may be taken in a twelve (12) month period for all reasons combined is twelve (12) weeks, with one exception. For leave to care for a Covered Servicemember, the maximum combined leave entitlement is twenty-six (26) weeks, with leaves for all other reasons constituting no more than twelve (12) of those twenty-six (26) weeks. Also, in addition to leave available under the FMLA, female employees may be eligible for leaves of absence during periods of disability associated with pregnancy or childbirth. Please see the Pregnancy Disability Leave of Absence Policy for further information on this type of leave. FMLA Definitions A “Serious Health Condition” is an illness, injury, impairment, or physical or mental condition that involves either (i) an overnight stay in a medical care facility, or (ii) continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job, or prevents the qualified family member from participating in school or other daily activities for more than three (3) full calendar days. The continuing treatment requirement includes two (2) visits to a health care provider or one (1) visit to a health care provider and a continuing regimen of care. An incapacity caused by pregnancy or prenatal visits, a chronic condition (such as asthma, diabetes or migraines) that continues over an extended period of time and requires periodic visits (at least two (2) per year) to a health care provider, permanent or long-term conditions requiring supervision but not active treatment by a health care provider, or absences due to multiple treatments ordered by a health care provider may also meet the definition of a Serious Health Condition. CALIFORNIA FAMILY RIGHTS ACT (CFRA) The California Family Rights Act (CFRA) provides eligible employees with the opportunity to take unpaid, job-protected leave for certain specified reasons. The maximum amount of leave an eligible employee may use is twelve (12) weeks within a twelve (12) month period. In most circumstances, the Company anticipates that CFRA leave will run concurrently with leave under the federal Family and Medical Leave Act (“FMLA”). In such case(s), the aggregate amount of CFRA leave and/or FMLA leave shall not exceed twelve (12) workweeks in a twelve (12) month period. However, under the following circumstances, CFRA leave will not run concurrently with FMLA leave: Revised January 2024 Page 40 of 55
• CFRA leave for birth of an employee’s registered domestic partner’s child, including time for bonding with the child. • CFRA leave for placement of a child for adoption or foster care with an employee’s registered domestic partner. • CFRA leave to care for an employee’s registered domestic partner, registered domestic partner’s child, grandparent, grandchild, or sibling who has a serious health condition. • FMLA leave taken for disability on account of pregnancy, childbirth, or related medical conditions. (See Family and Medical Leave Act Policy for more information). • CFRA leave to care for an employee’s grandparent, grandchild, or sibling who has a serious health condition. • Additional FMLA leave to care for a Covered Servicemember with a serious injury or illness if the employee is the spouse, son, daughter, parent, or next of kin of the Covered Servicemember (See Family and Medical Leave Act Policy for more information). Employee Eligibility under CFRA To be eligible for CFRA leave, you must: • Have worked at least twelve (12) months for the Company; and • Have worked at least 1,250 hours for the Company over the twelve (12) months preceding the date your leave would begin. Reasons for Taking Leave under CFRA CFRA leave may be taken for the following reasons: • Birth of an employee’s child, including time for bonding with the child after birth. Such time is available to employees regardless of sex or gender. • Placement of a child with an employee or an employee’s registered domestic partner in connection with the adoption or foster care of the child by the employee. Such time is available to employees regardless of sex or gender. • To care for an employee’s spouse, registered domestic partner, child, parent, grandparent, grandchild, or sibling who has a serious health condition. • Because of an employee’s own serious health condition that makes the employee unable to perform the functions of the employee’s position, except for leave taken for disability on account of pregnancy, childbirth, or related medical conditions (see Pregnancy Disability Leave of Absence Policy). • For certain qualifying exigencies (as defined below) related to the covered active duty or call to covered active duty of an employee’s spouse, domestic partner, child, or parent in the Armed Forces of the United States. CFRA Definitions A “Serious Health Condition” is an illness, injury, impairment, or physical or mental condition that involves either (i) inpatient care in a hospital, hospice, or residential care facility, or (ii) continuing treatment or supervision by a health care provider. Revised January 2024 Page 41 of 55
A “child” means a biological, adopted, or foster child, a stepchild, a legal ward, a child of a domestic partner, or a person to whom the employee stands in loco parentis, regardless of age. A “sibling” means a person related to another person by blood, adoption, or affinity through a common legal or biological parent. A “qualifying exigency” related to the covered active duty or call to covered active duty of an employee’s spouse, domestic partner, child, or parent (“military member”) means any of the exigencies described in California Unemployment Insurance Code section 3302.2, a copy of which you may obtain from Human Resources. These exigencies include: • Childcare and school activities. To arrange for alternative childcare; to provide childcare on an urgent, immediate need basis; to enroll in or transfer to a new school or daycare facility; or to attend meetings with staff at a school or daycare facility. • Financial and legal arrangements. To make or update various financial or legal arrangements; or to act as the military member’s representative before a federal, state, or local agency in connection with service benefits. • Counseling. To attend counseling (by someone other than a health care provider) for the employee, the military member, or for a child or dependent when necessary as a result of duty under a call or order to active duty. • Temporary rest and recuperation. To spend time with a military member who is on short-term, temporary rest and recuperation leave during the period of deployment. Eligible employees may take up to fifteen (15) days of leave for each instance of rest and recuperation. • Post-deployment activities. To attend arrival ceremonies, reintegration briefings and events, and any other official ceremony or program sponsored by the military for a period of up to ninety (90) days following termination of the military member’s active duty status. Identifying the 12-Month Period under the FMLA and CFRA AJK measures the twelve (12) month period in which leave is taken by the “rolling” twelve (12) month method, measured backward from the date of any FMLA and/or CFRA leave with one exception. For leave to care for a Covered Servicemember under the FMLA, AJK calculates the twelve (12) month period beginning on the first day the eligible employee takes FMLA leave to care for a Covered Servicemember and ends twelve (12) months after that date. FMLA and/or CFRA leave for the birth or placement of a child for adoption or foster care must be concluded within twelve (12) months of the birth or placement. Using Leave under the FMLA and CFRA Eligible employees may take FMLA and/or CFRA leave in a single block of time, intermittently (in separate blocks of time), or by reducing the normal work schedule (including the elimination of required overtime) when medically necessary for the serious health condition of the employee or immediate family member, or in the case of a Covered Servicemember under the FMLA, their injury or illness. Eligible employees may also take intermittent or reduced-schedule leave for military qualifying exigencies. Employees who require intermittent or reduced-schedule leave for planned medical treatment must make a reasonable effort to schedule their leave so that it will not unreasonably disrupt AJK’s operations. Intermittent leave, when permitted, for the birth of Revised January 2024 Page 42 of 55
a child, to care for a newly-born child, or for placement of a child for adoption or foster care must be taken in increments of at least two (2) weeks, with shorter increments allowed on any two (2) occasions. Intermittent leave is permitted in increments of at least one (1) hour. Use of Paid Leave under the FMLA and CFRA Depending on the purpose of your leave request, AJK may require you to use accrued paid leave (such as sick leave, vacation, or PTO), concurrently with some or all of your FMLA and/or CFRA leave. If AJK does not require you to do so, you may elect to substitute paid leave for FMLA and/or CFRA leave, so long as you comply with AJK’s normal procedures for the applicable paid- leave policy (e.g., call-in procedures, advance notice, etc.). Additionally, depending on the purpose of your leave request, you may choose to take leave pursuant to a short- or long-term disability leave plan, during the otherwise unpaid portion of your FMLA and/or CFRA leave. This paid disability leave runs concurrently with FMLA and CFRA leave, and may continue longer than the FMLA and/or CFRA leave if permitted by the disability leave plan. Maintenance of Health Benefits under the FMLA and CFRA AJK will maintain coverage under AJK’s group health plan during your FMLA and/or CFRA leave on the same terms as if you had continued to work. If applicable, you must make arrangements to pay your share of health plan premiums while on leave. In some instances, if an employee fails to return from leave, AJK may recover premiums it paid to maintain health coverage or other benefits for you and your family. Use of FMLA and/or CFRA leave will not result in the loss of any employment benefit that accrued prior to the start of your leave. Consult the applicable plan document for all information regarding eligibility, coverage, and benefits. Notice and Medical Certification under the FMLA and CFRA When seeking FMLA and/or CFRA leave, you must provide: • Sufficient information for us to determine if the requested leave may qualify for FMLA and/or CFRA protection and the anticipated timing and duration of the leave. You must also inform AJK if the requested leave is for a reason for which FMLA and/or CFRA leave was previously taken or certified. • Reasonable advance notice (at least thirty (30) days) if the need for leave is foreseeable, or notice as soon as practicable in the case of unforeseeable leave, in compliance with the Company’s standard call-in procedures, absent unusual circumstances. • Medical certification supporting the need for leave due to a serious health condition affecting you or a covered family member within fifteen (15) calendar days of AJK’s request to provide the certification (additional time may be permitted under certain circumstances). If you fail to do so, AJK may delay the start of your leave, withdraw any designation of FMLA and/or CFRA leave or deny the leave, in which case your leave of absence would be treated in accordance with our standard leave of absence and attendance policies. Second or third medical opinions and periodic re-certifications may also be required. • Appropriate documentation, within fifteen (15) days of the Company’s request (additional time may be permitted under certain circumstances), supporting the need for leave due Revised January 2024 Page 43 of 55
to a qualifying military exigency. Such documentation may be in the form of a copy of the military member’s active duty orders or other military documentation indicating the appropriate military status and the dates of active duty status, along with a statement setting forth the nature and details of the specific exigency, the amount of leave needed, and the employee’s relationship to the military member. • Periodic reports are required during the leave regarding your status and intent to return to work. • Medical certification of fitness for duty before returning to work, if the leave was due to your serious health condition, as permitted by law. AJK will require this certification to address whether you can perform the essential functions of your position. Failure to comply with the above requirements may result in delay, denial of leave, or disciplinary action. Employer Responsibilities under the FMLA and CFRA AJK will inform you whether you are eligible for leave under the FMLA and/or CFRA. Should you be eligible for FMLA and/or CFRA leave, AJK will provide a notice that specifies any additional information required as well as your rights and responsibilities. AJK will also inform you if leave will be designated as FMLA and/or CFRA-protected and, to the extent possible, note the amount of leave counted against your leave entitlement. If you are not eligible for FMLA and/or CFRA leave, AJK will provide a reason for the ineligibility. Job Restoration under the FMLA and CFRA Except as otherwise provided by applicable law, upon returning from FMLA and/or CFRA leave, you will be restored to the same or a comparable position as the position held prior to the leave. Failure to Return after FMLA and/or CFRA Leave If you fail to return to work as scheduled, fail to contact the Company after your FMLA and/or CFRA leave expires, or you exceed the twelve (12) week entitlement (or in the case of military caregiver leave under the FMLA, twenty-six (26) week entitlement), you will be subject to AJK’s standard leave of absence and attendance policies. Likewise, following the conclusion of your FMLA and/or CFRA leave, AJK’s obligation to maintain your group health plan benefits may end (subject to any applicable COBRA rights). If you are unable to return to work after FMLA and/or CFRA leave, you must notify the HR Manager. If AJK becomes aware of the need for additional leave, AJK will engage in an interactive process to determine whether the condition is a disability for which additional unpaid leave may be provided as a reasonable accommodation. Other Employment During FMLA and/or CFRA Leave While on a leave of absence, employees are prohibited from holding other employment, including self-employment, not held immediately prior to the start of the leave. In other words, an employee who has another job in addition to the employee’s job with the Company may continue Revised January 2024 Page 44 of 55
working that job while on leave from the Company if medically able to do so, but such an employee may not seek and hold other employment to replace the employee’s employment with the Company while on leave. This policy remains in force during all leaves of absence including FMLA and/or CFRA leave and violation may result in disciplinary action, up to and including immediate termination of employment. Fraud Providing false or misleading information or omitting material information in connection with an FMLA and/or CFRA leave will result in disciplinary action, up to and including immediate termination. MILITARY-RELATED FMLA FMLA leave may also be available to eligible employees in connection with certain service-related medical and non-medical needs of family members. There are two forms of such leave. The first is Military Caregiver Leave, and the second is Qualifying Exigency Leave. Each of these leaves is detailed below. Definitions A “Covered Servicemember” is either: (1) a current Servicemember of the Armed Forces, including a member of the National Guard or Reserves, with a serious injury or illness incurred in the line of duty for which the Servicemember is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list; or (2) a “covered veteran” who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness. A “covered veteran” is an individual who was discharged under conditions other than dishonorable during the five (5) year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran. The period between October 28, 2009 and March 8, 2013 is excluded in determining this five (5) year period. The FMLA definitions of “serious injury or illness” for current Servicemembers and veterans are distinct from the FMLA definition of “serious health condition.” For purposes of Military-Related FMLA Leave, the term “serious injury or illness” means an injury or illness incurred by the Servicemember in the line of duty while on active duty in the Armed Forces that may render the Servicemember medically unfit to perform the duties of the Servicemember’s office, grade, rank, or rating, or one that existed before the beginning of active duty and was aggravated by service in the line of duty while on active duty. With regard to covered veterans, the serious injury or illness may manifest itself before or after the individual assumed veteran status, and is: (1) a continuation of a serious injury or illness that was incurred or aggravated when the covered veteran was a member of the Armed Forces and rendered the Servicemember unable to perform the duties of the Servicemember’s office, grade, rank or rating; (2) a physical or mental condition for which the covered veteran has received a VA Service Related Disability Rating (VASRD) of 50 percent or greater and such VASRD rating is based, in whole or in part, on the condition precipitating the need for caregiver leave; (3) a Revised January 2024 Page 45 of 55
physical or mental condition that substantially impairs the veteran’s ability to secure or follow a substantially gainful occupation by reason of a disability or disabilities related to military service or would be so absent treatment; or (4) an injury, including a psychological injury, on the basis of which the covered veteran has been enrolled in the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers. “Qualifying exigencies” include activities such as short-notice deployment, military events, arranging alternative childcare, making financial and legal arrangements related to the deployment, rest and recuperation, counseling, parental care, and post-deployment debriefings. Military Caregiver Leave Unpaid Military Caregiver Leave is designed to allow eligible employees to care for certain family members who have sustained serious injuries or illnesses in the line of duty while on active duty. The family member must be a “Covered Servicemember,” which means: (1) a current member or veteran of the Armed Forces, National Guard or Reserves, (2) who is undergoing medical treatment, recuperation, or therapy or, in the case of a veteran, who was a current member of the Armed Forces, National Guard or Reserves, who was discharged or released under conditions other than dishonorable at any time within five years prior to the treatment which an eligible employee requests; is otherwise in outpatient status; or is otherwise on the temporary disability retired list, (3) for a serious injury or illness that may render current member medically unfit to perform the duties of the member’s office, grade, rank, or rating. Military Caregiver Leave is not available to care for Servicemembers on the permanent disability retired list. Serious injury or illness specifically includes, but is not limited to, aggravation of a preexisting condition while in the line of duty. To be eligible for Military Caregiver Leave, you must be a spouse, son, daughter, parent, or next of kin of the Covered Servicemember. “Next of kin” means the nearest blood relative of the Servicemember, other than the Servicemember’s spouse, parent, son, or daughter, in the following order of priority: blood relatives who have been granted legal custody of the Servicemember by court decree or statutory provisions; brothers and sisters; grandparents; aunts and uncles; and first cousins; unless the Servicemember has specifically designated in writing another blood relative as their nearest blood relative for purposes of Military Caregiver Leave. You must also meet all other eligibility standards as set forth within the FMLA Leave policy. An eligible employee may take up to twenty-six (26) workweeks of Military Caregiver Leave to care for a Covered Servicemember in a “single twelve (12) month period.” The “single twelve (12) month period” begins on the first day leave is taken to care for a Covered Servicemember and ends twelve (12) months thereafter, regardless of the method used to determine leave availability for other FMLA-qualifying reasons. If you do not exhaust your twenty-six (26) workweeks of Military Caregiver Leave during this “single twelve (12) month period,” the remainder is forfeited. Military Caregiver Leave applies on a per-injury basis for each Servicemember. Consequently, an eligible employee may take separate periods of caregiver leave for each and every Covered Servicemember, and/or for each and every serious injury or illness of the same Covered Revised January 2024 Page 46 of 55
Servicemember. A total of no more than twenty-six (26) workweeks of Military Caregiver Leave, however, may be taken within any single twelve (12) month period. Within the “single twelve (12) month period” described above, an eligible employee may take a combined total of twenty-six (26) weeks of FMLA leave including up to twelve (12) weeks of leave for any other FMLA-qualifying reason (i.e., birth or adoption of a child, serious health condition of the employee or close family member, or a qualifying exigency). For example, during the “single twelve (12) month period,” an eligible employee may take up to sixteen (16) weeks of FMLA leave to care for a Covered Servicemember when combined with up to ten (10) weeks of FMLA leave to care for a newborn child. An employee seeking Military Caregiver Leave may be required to provide appropriate certification from the employee and/or Covered Servicemember and completed by an authorized health care provider within fifteen (15) days. Military Caregiver Leave is subject to the other provisions in our FMLA Leave Policy (requirements regarding employee eligibility, appropriate notice of the need for leave, use of accrued paid leave, etc.). Military Caregiver Leave will be governed by, and handled in accordance with, the FMLA and applicable regulations, and nothing within this policy should be construed to be inconsistent with those regulations. Qualifying Exigency Leave Eligible employees may take unpaid “Qualifying Exigency Leave” to tend to certain “exigencies” arising out of the duty under a call or order to active duty of a “covered military member” (i.e., the employee’s spouse, son, daughter, or parent). Up to twelve (12) weeks of Qualifying Exigency Leave is available in any twelve (12) month period, as measured by the same method that governs measurement of other forms of FMLA leave within the FMLA policy (with the exception of Military Caregiver Leave, which is subject to a maximum of twenty-six (26) weeks of leave in a “single twelve (12) month period”). The maximum amount of “Qualifying Exigency Leave” an employee may utilize to bond with a military member on short-term, temporary rest and recuperation during deployment is fifteen (15) days. Although Qualifying Exigency Leave may be combined with leave for other FMLA-qualifying reasons, under no circumstances may the combined total exceed twelve (12) weeks in any twelve (12) month period (with the exception of Military Caregiver Leave as set forth above). The employee must meet all other eligibility standards as set forth within the FMLA policy. Persons who can be ordered to active duty include active and retired members of the Regular Armed Forces, certain members of the retired Reserve, and various other Reserve members including the Ready Reserve, the Selected Reserve, the Individual Ready Reserve, the National Guard, state military, Army Reserve, Navy Reserve, Marine Corps Reserve, Air National Guard, Air Force Reserve, and Coast Guard Reserve. A call to active duty refers to a federal call to active duty, and state calls to active duty are not covered unless under the order of the President of the United States pursuant to certain laws. Qualifying Exigency Leave is available under the following circumstances: Revised January 2024 Page 47 of 55
• Short-notice deployment. To address any issue that arises out of short notice (within seven days or less) of an impending call or order to active duty. • Military events and related activities. To attend any official military ceremony, program, or event related to active duty or a call to active duty status or to attend certain family support or assistance programs and informational briefings. • Childcare and school activities. To arrange for alternative childcare; to provide childcare on an urgent, immediate need basis; to enroll in or transfer to a new school or daycare facility; or to attend meetings with staff at a school or daycare facility. • Financial and legal arrangements. To make or update various financial or legal arrangements; or to act as the covered military member’s representative before a federal, state, or local agency in connection with service benefits. • Counseling. To attend counseling (by someone other than a health care provider) for the employee, the covered military member, or for a child or dependent when necessary as a result of duty under a call or order to active duty. • Temporary rest and recuperation. To spend time with a covered military member who is on short-term, temporary rest and recuperation leave during the period of deployment. Eligible employees may take up to fifteen (15) days of leave for each instance of rest and recuperation. If your spouse or registered domestic partner is a member of the military, you may be entitled to an additional ten (10) days of unpaid leave. Please refer to the Military Leave of Absence below for more details. • Post-deployment activities. To attend arrival ceremonies, reintegration briefings and events, and any other official ceremony or program sponsored by the military for a period of up to ninety (90) days following termination of the covered military member’s active duty status. This also encompasses leave to address issues that arise from the death of a covered military member while on active duty status. • Mutually agreed leave. Other events that arise from the close family member’s call or order to active duty, provided that AJK and the employee agree that such leave qualifies as an exigency and agree to both the timing and duration of such leave. An employee seeking Qualifying Exigency Leave may be required to submit appropriate supporting documentation in the form of a copy of the covered military member’s active duty orders or other military documentation indicating the appropriate military status and the dates of active duty status, along with a statement setting forth the nature and details of the specific exigency, the amount of leave needed and the employee’s relationship to the military member, within fifteen (15) days. Qualifying Exigency Leave will be governed by, and handled in accordance with, the FMLA and applicable regulations, and nothing within this policy should be construed to be inconsistent with those regulations. PREGNANCY DISABILITY LEAVE (PDL) Any female employee (female employees include transgender employees) planning to take pregnancy disability leave should advise their supervisor as early as possible and contact the HR Manager to discuss the following conditions: • The duration of an employee’s pregnancy disability leave will be determined by the advice of the employee's physician, but employees disabled by pregnancy may take up to four months. Part-time employees are entitled to leave on a pro rata basis. The four months Revised January 2024 Page 48 of 55
of leave includes any period of time for actual disability caused by the employee's pregnancy, childbirth, or related medical condition. This includes leave for severe morning sickness and for prenatal care. • AJK will also reasonably accommodate medical needs related to pregnancy, childbirth, or related conditions or temporarily transfer you to a less strenuous or hazardous position (where one is available) or duties if medically needed because of your pregnancy. If you are transferred into an alternative position it will have the equivalent rate of pay and benefits. • Employees who need to take pregnancy disability must inform AJK when a leave is expected to begin and how long it will likely last. If the need for a leave or transfer is foreseeable, employees must provide notification at least 30 days before the pregnancy disability leave or transfer is to begin. • If 30 days’ advance notice is not possible, notice must be given as soon as practical; • Pregnancy leave usually begins when ordered by the employee’s physician. The employee must provide AJK with a certification from a health care provider. The certification indicating disability should contain: o The date on which the employee became disabled due to pregnancy; o The probable duration of the period or periods of disability; and o A statement that, due to the disability, the employee is unable to perform one or more of the essential functions of her position without undue risk to herself, the successful completion of her pregnancy, or to other persons. • Leave returns will be allowed only when the employee’s physician sends a release; • An employee will be allowed to use accrued PTO (if otherwise eligible to take the time) during a pregnancy disability leave; and • Employee benefits will be continued for the duration of time that the employee is disabled by pregnancy, as confirmed by her health care provider, for a period of up to 17 weeks and three days per pregnancy. Leave does not need to be taken in one continuous period of time and may be taken intermittently, as needed. Leave may be taken in increments of two hours. Under most circumstances, upon submission of a medical certification that an employee is able to return to work from a pregnancy disability leave, an employee will be reinstated to her same position held at the time the leave began or to an equivalent position, if available. An employee returning from a pregnancy disability leave has no greater right to reinstatement than if the employee had been continuously employed. STATE DISABILITY INSURANCE Each employee contributes through payroll tax to California’s state disability insurance programs. Disability insurance is mandated by the California Unemployment Insurance Code and administered by the Employment Development Department. Revised January 2024 Page 49 of 55
Disability insurance is payable when you cannot work because of illness or injury not caused by employment at AJK. An additional tax funds the state’s Paid Family Leave program, and provides partial wage replacement for absences related to care of a family member, or bonding with a new child. Specific rules and regulations governing disability are available from the Payroll Manager. EXTENDED MEDICAL LEAVE Employees who are ineligible for leave under the federal Family and Medical Leave Act and California Family Rights Act as provided below, or who have exceeded their leave allotment under those laws, are nonetheless eligible for medical leave according to the following policy: Employees are eligible for unpaid leaves of absence for medical reasons. Medical reasons may include illness, injury, medical and surgical procedures, and related medical conditions. You must request a leave of absence if you will be unable to work for medical reasons for a period in excess of three (3) consecutive days. Such requests are subject to management approval and must be made as soon as possible. Each request must be accompanied by a certification from your treating physician or AJK approved physician which states that you are unable to work and provides the duration of leave that you require. AJK reserves the right to have employees on a medical leave of absence examined by a physician of AJK’s choice. AJK may require periodic physician’s verification of your inability to work. Misrepresenting the reason for applying for a leave of absence may result in disciplinary action, up to and including termination. During a medical leave of absence, AJK’s medical insurance plan documents will determine whether you and your eligible dependents may continue your health insurance coverage under AJK’s plan. If you remain eligible for such coverage you must pay your share of the premium the same as if you continued working. If you are not eligible to continue coverage under AJK’s plan you will be issued a COBRA notice and given the option of continuing coverage at your own expense. The plan document ultimately governs your eligibility for and entitlement to these benefits. PERSONAL LEAVE An unpaid personal leave of absence for unusual circumstances requiring an absence of longer than two weeks may be granted at the discretion of AJK. Requests for personal leave should be submitted to HR for approval. Approved personal absences of shorter duration are not normally treated as leaves, but rather as excused absences without pay. Any leave taken under this provision that qualifies as leave under the state and/or federal Family and Medical Leave Acts will be counted as family/medical leave and charged to your entitlement of 12 workweeks of family/medical leave in a 12-month period. BEREAVEMENT LEAVE AJK grants leave of absence to employees in the event of the death of the employee’s current spouse, registered domestic partner, child, parent, legal guardian, brother, sister, grandparent, or grandchild; or mother-, father-, sister-, brother-, son-, or daughter-in-law. An employee with such a death in the family may take up to 5 scheduled workdays off without pay with the approval Revised January 2024 Page 50 of 55
of AJK. The employee’s supervisor may approve additional unpaid time off. An employee will be allowed to use accrued PTO. LEAVE FOR REPRODUCTIVE LOSS AJK grants up to 5 days leave of absence to employees in the event of a reproduce loss event. A reproductive loss event is as follows: • Failed adoption • Failed surrogacy • Miscarriage • Stillbirth • Unsuccessful assisted reproduction Employees must be employed with AJK for 30 days to take this leave. Leave can be nonconsecutive but must be completed within three months of the event. Leave for Reproductive loss is unpaid, but employees may use accrued PTO. JURY DUTY AND WITNESS LEAVE AJK encourages employees to serve on jury duty when called. Unless otherwise required by state or federal law, AJK does not pay for this time off. An employee will be allowed to use accrued PTO. Exempt employees will continue to receive their regular salary for any week in which they perform any work while on jury duty, pursuant to state and federal law. TIME OFF FOR VOTING If an employee does not have sufficient time outside of working hours to vote in an official state- sanctioned election, the employee may take off enough working time to vote. Such time off shall be taken at the beginning or the end of the regular working shift, whichever allows for more free time, and the time taken off shall be combined with the voting time available outside of working hours to a maximum of two hours combined. Under these circumstances, an employee will be allowed a maximum of two hours of time off during an election day without loss of pay. When possible, an employee requesting time off to vote shall give their supervisor at least two days’ notice. ORGAN AND BONE MARROW DONOR LEAVE Employees who have been employed for at least ninety (90) days and who provide written verification to AJK that they are an organ or bone marrow donor are entitled to receive a paid job protected leave of absence that may be taken in one or more periods in order to donate. Eligible organ donors are entitled to a leave of absence not to exceed thirty (30) business days in any one-year period of time. Such employees may also be eligible for an additional unpaid leave of absence not to exceed thirty (30) business days in any one-year period of time if they have exhausted all available sick leave. Eligible bone marrow donors are entitled to a leave of absence not to exceed five (5) business days in any one-year period. Employees will be required to use Revised January 2024 Page 51 of 55
up to five (5) days of their PTO for bone marrow donor leave and up to two (2) weeks of their PTO for organ donor leave. The one-year period is measured from the date the eligible employee’s leave begins and will consist of twelve (12) consecutive months. For more information regarding this leave, please contact the HR Manager. DOMESTIC VIOLENCE, SEXUAL ASSAULT OR STALKING LEAVE AND ACCOMMODATION If you are a victim of or are the immediate family member of a person who is deceased as the direct result of domestic violence, sexual assault, stalking, or a crime that caused physical injury or that caused mental injury and a threat of physical injury, you may receive unpaid leave to attend legal proceedings or obtain or attempt to obtain any relief necessary, including a restraining order, to ensure your own health, safety, or welfare, or that of your child or children. “Family member” for purposes of this policy includes a child, parent, spouse, sibling, or “equivalent” relationship. You may also receive unpaid leave to: (1) obtain services from a domestic violence shelter or rape crisis center; (2) seek medical attention for injuries caused by domestic violence or sexual assault; (3) obtain psychological counseling for the domestic violence or sexual assault; or (4) take action, such as relocation, to protect against future domestic violence or sexual assault. To take this leave, you must provide AJK with advance notice of your need for leave. If advance notice is not possible, you must provide AJK with the following certification upon returning back to work: (1) a police report showing that you were a victim of domestic violence or sexual assault, (2) a court order protecting you from the perpetrator or other evidence from the court or prosecuting attorney that you appeared in court, or (3) documentation from a medical professional, domestic violence or sexual assault victim advocate, health care provider, or counselor showing that your absence was due to treatment for injuries from domestic violence or sexual assault. You may choose to use any PTO time, if available, for an absence described above. In addition, employees who are victims of domestic violence, sexual assault, or stalking are entitled to a reasonable accommodation for the employee’s safety while at work. If you require such an accommodation, please notify your supervisor or the HR Manager. AJK will engage in a timely, good faith, and interactive process to determine effective reasonable accommodations. Employees are encouraged to request leave and accommodation under this policy without fear of retaliation. MILITARY LEAVE Employees who wish to serve in the military and take military leave should contact Human Resources for information about their rights before and after such leave. Employees will be granted a leave for absence for military leave under applicable federal and state law. You are entitled to reinstatement upon completion of military service, provided you return or apply for reinstatement within the time allowed by law. Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), AJK provides up to 17 days of job-protected unpaid leave per calendar year to employees who are members of the reserve corps of the armed forces of the United States, the National Guard or Revised January 2024 Page 52 of 55
the naval militia when called to military duty for purposes of military training, drills, encampment, naval cruises, special exercises or similar activities, including travel time. Moreover, employees who work more than 20 hours per week and have a spouse in the Armed Forces, National Guard or Reserves who have been deployed during a period of military conflict are eligible for up to 10 unpaid days off when their spouse is on leave from (not returning from) military deployment. Employees requesting leave under this policy should comply with the following requirements: • Contact Human Resources and request leave within two business days of receiving such notification or as much advanced notice as practicable, or within two business days of receiving official notice that their spouse will be on leave. • In support of request for leave under this policy, employees should provide their request for leave in writing to Human Resources with a copy of their military orders or other appropriate written certification that the employee or spouse has been called to federal military duty for purposes of deployment, training, drills, encampment, naval cruises, special exercises, or similar activities. • Employees may choose to use accrued paid leave (such paid time off), concurrently with some or all of the leave under this policy. To receive accrued paid leave, eligible employees must make a request in writing. • Employees must comply with the AJK’s attendance and punctually procedures and leave policies. For more information regarding military leave, employees should contact Human Resources. SCHOOL ACTIVITIES LEAVE Employees are encouraged to participate in the school activities of their child(ren). The unpaid absence is subject to all of the following conditions: • Parents, guardians, step-parents, foster parents, grandparents, or individuals standing in loco parentis having custody of one or more children in kindergarten or grades one to 12 may take time off for a school activity; • The time off for school activity participation cannot exceed eight hours in any calendar month, or a total of 40 hours each school year; • Employees planning to take time off for school visitations must provide as much advance notice as possible to their supervisor; • Employees may also take such leave to find, enroll, or reenroll their child in a school or with a licensed childcare provider, or to participate in activities of the school or licensed childcare provider, or to address childcare provider or school emergencies. • If both parents are employed by AJK, the first employee to request such leave will receive the time off. The other parent will receive the time off only if the leave is approved by the employee’s supervisor; • Employees must use PTO in order to receive compensation for this time off; • Employees who do not have PTO available will take the time off without pay; and Revised January 2024 Page 53 of 55
• Employees must provide their supervisor with documentation from the school verifying that the employee participated in a school activity on the day of the absence. Exempt employees may be provided time off with pay when necessary to comply with state and federal wage and hour laws. VICTIMS OF FELONY CRIMES LEAVE An employee who is themselves a victim or who is the family member of a victim of certain serious crimes may take time off from work to attend judicial proceedings related to the crime or to attend proceedings involving rights of the victim. An employee who is a family member of a crime victim may be eligible to take this leave if the employee is the crime victim’s spouse, parent, child, or sibling. Other family members may also be covered depending on the purpose of the leave. The absence from work must be in order to attend judicial proceedings or proceedings involving rights of the victim. Only certain crimes are covered. You must provide reasonable advance notice of your need for leave, and documentation related to the proceeding may be required. If advance notice is not possible, you must provide appropriate documentation within a reasonable time after the absence. Any absence from work to attend judicial proceedings or proceedings involving victim rights will be unpaid, unless you choose to take paid time off. For more information regarding this leave (including whether you are covered, when and what type of documentation is required, and which type of paid time off can be used), please contact the HR Manager. VOLUNTEER SERVICE PERSONNEL LEAVE No employee shall be disciplined for taking time off unpaid to perform emergency duty as a volunteer firefighter, reserve peace officer, member of a disaster medical response team, or emergency rescue personnel. You are also eligible for unpaid leave for required training. Volunteer firefighters, reserve peace officers, members of a disaster medical response team, and emergency rescue personnel may take up to a total of fourteen days per calendar year to engage in fire, law enforcement or emergency rescue training. When taking time off for emergency duty, please alert your supervisor before doing so, when possible. You may choose to use any accrued PTO leave time, if available, for an absence described above. CONTINUING EMPLOYEE EDUCATION Some employees may need to attend training programs, seminars, conferences, lectures, meetings, or other outside activities for the benefit of AJK or the individual employees. Attendance at such activities, whether required by AJK or requested by individual employees, requires the written approval of both CEO and COO. To obtain approval, any employee wishing to attend an activity must submit a written request detailing all relevant information, including date, hours, location, cost, expenses, and the nature, purpose, and justification for attendance. Revised January 2024 Page 54 of 55
Attendance at any such event is subject to the following policies on reimbursement and compensation. For attendance at events required or authorized by AJK, any customary and reasonable expenses will be reimbursed upon submission of proper receipts. Acceptable expenses generally include registration fees, materials, meals, transportation, and parking. Reimbursement policies regarding these expenses should be discussed with a supervisor or the CFO in advance. Employee attendance at authorized outside activities will be considered hours worked for non- exempt employees and will be compensated in accordance with normal payroll practices. While AJK generally encourages all employees to improve their knowledge, job skills, and promotional qualifications, such activities do not qualify for reimbursement or compensation under this policy unless prior written approval is obtained. LITERACY ASSISTANCE AJK will reasonably accommodate and assist employees with their literacy needs, provided the requested accommodation does not create an undue hardship for AJK. Employees who need time off to participate in an adult education program for literacy assistance should inform the HR Manager, so arrangements can be made to provide unpaid time off or an adjusted work schedule. AJK will make reasonable efforts to safeguard the employee’s privacy with respect to such a request. Employees may choose to use any accrued PTO benefit, if available, in lieu of unpaid leave. Revised January 2024 Page 55 of 55
CONFIRMATION OF RECEIPT By signing below, I acknowledge that I have received a copy of the AJK Employee Handbook and I will familiarize myself with its contents. I acknowledge that nothing in the Employee Handbook creates or is intended to create a promise or representation of continued employment and that my employment, position, and compensation at AJK is at-will, shall be for no specific duration, and may be changed or terminated at the will of AJK. Both I and AJK have the right to terminate my employment at any time, with or without cause or prior notice. By signing below, I certify that I understand that employment at-will is the sole and entire agreement between myself and AJK concerning the duration of my employment and the circumstances under which my employment may be terminated. It supersedes all prior agreements, understandings, and representations (whether written or oral) concerning the duration of my employment with AJK and/or the circumstances under which my employment may be terminated. My employment-at-will status may only be changed in a written document signed by the Board of Directors of AJK. MY SIGNATURE BELOW ATTESTS TO THE FACT THAT I HAVE READ, UNDERSTAND, AND AGREE TO BE LEGALLY BOUND TO ALL OF THE ABOVE TERMS. DO NOT SIGN UNTIL YOU HAVE READ THE ABOVE ACKNOWLEDGMENT AND AGREEMENT. _____________________________________ Print Full Name _____________________________________ Signature _____________________________________ Date Revised January 2024 Page 56 of 55