PERSONNEL POLICIES
(May 2000)
INTRODUCTION
In fulfilling its responsibility as employer, the Board of Directors will strive to act according to its fundamental beliefs and commitments as part of a women's movement whose mission is expressed in its purpose:
The Young Women's Christian Association of the United States of America is a women's membership movement nourished by its roots in the Christian faith and sustained by the richness of many beliefs and values. Strengthened by diversity, the YWCA draws together members who strive to create opportunities for women's growth, leadership and power in order to attain a common vision: peace, justice, freedom and dignity for all people.
The YWCA will thrust its collective power towards the elimination of racism wherever it exists and by any means necessary.
The YWCA recognizes the Board and Staff each have a necessary and important function to perform, and that they can perform their functions best when their relationship is a positive and cooperative one. The volunteer leaders, whose major contribution lies in determining the scope, policies and program of the YWCA, depend upon the staff for expert knowledge and skills in fulfillment of the YWCA purpose. These Personnel Policies are written to insure the quality of this cooperative relationship and to maintain a high standard of working conditions for those employed to carry out the program and services of the YWCA.
The Board of Directors of the YWCA of reserves the right to amend, add to, or delete from these policies, acting upon the recommendations of its Personnel Committee. However, the provisions specifying that employment is at-will (as described in these Personnel Policies) can be modified only by the Executive Director, in writing, after approval by the Board of Directors.
The most current published version of the Personnel Policies will govern for all purposes. Employees must understand that they are obligated to comply with the Personnel Policies that are current at any point in time, and that the YWCA has no obligations based on prior versions of the Personnel Policies.
EMPLOYMENT POLICIES:
1:01 EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION
The YWCA of provides equal opportunity employment to all employees and applicants for employment regardless of race, sex, color, religion, national origin, age, sexual preference or disability as defined under the Americans with Disabilities Act. In fulfilling its responsibility as the employer, the YWCAs Board of Directors will strive to act in accordance with its fundamental beliefs and commitments as part of a women's movement seeking to achieve "peace and justice, freedom and dignity for all people."
The Affirmative Action Program of the YWCA is a legal and social necessity to support the Mission, "to thrust our collective power toward the elimination of racism wherever it exists and by any means necessary" and to comply with federal and state laws and regulations.
Equal employment opportunity and affirmative action will be applied in recruitment, hiring, compensation, benefits, staff development and training, promotions and any other condition of employment regardless of race, color, religion, sex, disability, age, national origin, sexual preference or any other non-performance factors. Affirmative action will also be taken to employ and advance in employment qualified disabled veterans, veterans of the Vietnam era and qualified disabled individuals.
1:02 EMPLOYMENT AT-WILL
The YWCA is an at-will employer. The policy of at-will employment means that employment with the YWCA is voluntarily entered into, and employees may voluntarily resign from employment at any time for any reason. At the same time, the YWCA reserves the right to make decisions to terminate employment - either of an individual or a number of employees - in its sole discretion, with or without cause, and with or without advance notice. The YWCA also reserves the right to modify any aspect, term or condition of employment (e.g., job duties, title, compensation, hours, benefits, location of work, policies and practices) - except for the at-will nature of the employment relationship - at any time, with or without cause and with or without advance notice.
No individual member of the YWCA staff or Board of Directors or Volunteers is authorized to modify this policy by making any oral or written statement to the contrary. As the legal employer of YWCA staff, the Board of Directors continues to be responsible for the adoption of personnel policies and policy revisions.
Nothing in these Personnel Policies, the YWCA's Standards Operating Procedures, employment applications, recruitment materials or other employment documents should be deemed to alter this policy of at-will employment or to express or imply any promise of continued employment with the YWCA. To the extent that there appears to be an inconsistency between this at-will policy and any statement in any other YWCA document this policy controls.
1:03 PURPOSE AND ADMINISTRATION OF THE PERSONNEL POLICIES
These Personnel Policies are distributed to employees so that they have a clear understanding of the YWCA's policies. They are not to be construed as a guarantee or promise by the YWCA. They provide a frame of reference for employees and have been adopted with the goal of creating a work climate of dignity and respect.
It is the intent of these policies to recognize the following:
A. That the employee of the YWCA has the right:
1. to be fully informed as to their duties and responsibilities
2. to be provided with adequate administrative direction
3. to have performance evaluations on a regular basis
4. to receive considerate and fair treatment
The Personnel Committee submits personnel Policies directly and in writing to the Board of Directors who carry the responsibility for the adoption of personnel policies and policy revisions.
Final responsibility for the administration, implementation and interpretation of the personnel policies lies with the Executive Director (E.D.) This responsibility may be delegated to other supervisory staff but the Executive Director remains ultimately accountable.
1:04 APPLICABILITY AND DISSEMINATION OF POLICIES
The personnel policies apply to all employees of the agency unless otherwise stated and each employee receives a copy of the policies upon employment.
CONDITIONS OF EMPLOYMENT:
2:01 RECRUITMENT OF STAFF
All position vacancies shall be reported to the Executive Director (E.D.) Vacancies will be announced internally when commencement of external recruitment begins. Internal applicants will be considered on the same basis as external applicants.
Staff is employed on the basis of ability or assessed potential to meet realistic job requirements. Staff must be willing to accept responsibility for implementing the Mission the One Imperative and Program for Action as defined and voted by the National YWCA Convention as well as goals and objectives adopted by the employing association's Board of Directors. The Executive Director is required to become a member or associate of the YWCA; all other staff members are encouraged to become members or associates. Participation in the YWCA Retirement Plan is a condition of employment for all eligible YWCA employees.
2:02 INTRODUCTORY PERIOD
The first three months of continuous employment at the YWCA are considered an introductory period. At the end of the introductory period, performance will be evaluated addressing the employee's strengths and weaknesses. The employee's supervisor will determine whether to give the employee regular employment status or to extend the introductory period. Maximum extension of the introductory period is six (6) months.
During such probationary period, the employee may be discharged for any reason which, in the opinion of the YWCA, is just and sufficient, and, except where it is alleged that the YWCA has violated the provisions of Article I Paragraph 3), the provisions of the Grievance Procedure will prevail.
2:03 SELECTION OF STAFF
The Board of Directors, as the legal employer of YWCA staff, has the ultimate responsibility for employing the Executive Director (E.D.), who will be a member or an associate of the YWCA.
The Executive Director (E.D.) as agent of the Board, is responsible for the employment of all other staff. She/he may delegate employment and separation functions to appropriate supervisory staff. Any such delegation of authority must be in writing by the Executive Director (E.D.).
All offers of employment must be verified with the Executive Director (E.D.) for classification and salary range. No offer of employment can be made without the approval of the Executive Director (E.D.) or her/his designee.
Employees shall not be eligible for election to an office of the YWCA, nor service on the Board of Directors or appointment to any committee of the YWCA.
2:04 EMPLOYMENT OF RELATIVES
The employment of relatives of current employees, of Board of Directors or Volunteers is not encouraged, however, relatives, defined as spouse, sister, brother, mother, father, grandparent, grandchild, son, daughter, mother-in-law, father-in-law, brother-in-law, or sister-in-law, who qualify for jobs on their own merits will be given consideration for employment. Relatives will not be employed when: 1) They will be subject to the supervision of a member of their family; 2) They will supervise a family member; 3) Where a member of their family would play a significant role in making decisions concerning their direct benefit; or 4) The nature of the work is highly sensitive or confidential.
2:05 CONTRACT EMPLOYMENT
The YWCA may enter into Contract Employment for certain positions, which have a limited duration. Contracts will state the beginning an ending date of employment and that the contract may be canceled by either the YWCA or the employee with at least two weeks notice.
Exception to any of the personnel policies for contract employees shall be clarified in an addendum which will be given to the employee at the time of employment.
Renewal of employment at the end of the contractual period is not automatic and should not be assumed. Contract employees will be considered for new contract employment at the end of their contractual employment period along with other applicants. No individual member of the YWCA staff or Board is authorized to promise renewal of employment at the end of the contractual period, and no verbal statement by such an individual should be construed as a guarantee of renewal of employment.
2:06 MEMORANDUM OF EMPLOYMENT
The YWCA complies with all federal, state and local laws and regulations and any National YWCA requirements pertaining to employment procedures and practices.
An approved Memorandum of Employment, IRS Form, W-4, and an Employment Eligibility Verification Form, 1-9, must be completed for each employee at the time of employment. These forms are maintained by the Executive Director (E.D.).
The Memorandum of Employment shall be given to each regular employee. Two copies are to be signed; one to be returned to the YWCA and the other retained by the employee. If an Executive Director is to be employed, the letter of employment shall be signed by the Executive Director pro-tem and the President of the YWCA Board of Directors. All other staff will have a letter signed by the Executive Director and themselves. The Memorandum of Employment shall include: confirmation of date employment is to begin, job title, job classification, starting rate of pay, whether the position is full or part-time, exempt or non-exempt, regular or temporary, number of hours to be worked, program/department number, location code and signed and approved by the Executive Director (E.D.). By signing and returning the letter to the new staff person, it signifies that there is mutuality of agreement, that the employee accepts responsibilities included in the job description and conditions of employment as described in the personnel policies. Nothing in the letter shall be construed as a contract.
2:07 OUTSIDE EMPLOYMENT
The YWCA does not encourage nor object to employees holding outside employment, including but not limited to: other employment, ownership or operation of a business, employment as a consultant or advisor, or employment in another social service-related agency. Such employment must not conflict with the performance of YWCA duties nor be in competition with the YWCA. Whether outside employment is acceptable depends upon the specific duties of the employee and the actual or potential relationship between the outside employer and the YWCA, Staff members must report all outside employment to the Executive Director (E.D) or her/his designee. In the case of the Executive Director, the outside employment will be discussed with the President. If a conflict of interest is found to exist, the situation will be discussed and corrective action taken by either the employee or the YWCA. If the YWCA determines that outside employment interferes with Association interest, an employee may be asked to terminate the outside employment if he/she wishes to remain employed by the YWCA. All staff members are required to agree that all programs, manuals, media presentations, etc. which may be developed during the period of employment are the property of the YWCA and may not be used for outside employment.
2:08 ORIENTATION
The YWCA provides a program of orientation and professional development to familiarize employees with the YWCA, philosophically and operationally, and for fostering the growth of additional skills required for effective job performance.
2:09 CONFLICT OF INTERESTS
All employees have a primary responsibility to the YWCA and are expected to avoid any activity, which may interfere, or have the appearance of interfering, with the performance of her or his job responsibilities. Any outside interest that prevents an employee from putting the organization's considerations first in a business transaction is a conflict of interest.
To avoid conflicts, employees are not to take part in or influence any business dealings if they are in a position in which their own interests conflict with the best interests of the YWCA. The Constitution and Bylaws of the YWCA of the U.S.A. also prohibits an employed staff member from being a Board Member of a member association or the YWCA of the U.S.A.
While it is not feasible to describe all possible conflicts of interests that could develop, full disclosure must be made in the event of the following situations:
1. A member of the Board is related to a staff member;
2. A member of the staff receives payment from the YWCA for any sub-contracts, goods
or services, such as consultant, construction or remodeling; and /or
3. A member of the staff is a member of the governing body of a contributor to the
YWCA.
Failure to adhere to this guideline, including failure to disclose any conflict or to seek an exception will result in discipline, up to and including termination of employment.
TAKING LEAVE:
3:01 BEREAVEMENT LEAVE
A leave with pay not to exceed three (3) working days shall be granted to regular employees for bereavement due to death in the immediate family. Regular employees become eligible for bereavement leave after ninety (90) days of regular service. Immediate family shall include only the employee's mother, father, sister, brother, spouse, children, grandchildren, grandparents, mother-in-law or father-in-law. If such bereavement requires the employee to travel out of state, unpaid leave up to two (2) additional days shall be granted. Unpaid leave of up to three (3) days shall be granted for bereavement due to death of a guardian. A guardian is defined as one who acted in place of a mother or father during the employee's youth. Employees shall notify the YWCA of the existence of a legitimate guardian before being eligible for this leave. The reason for the leave must be recorded and approved by the supervisor and Executive Director (E.D.) on a Request for Leave Form.
3:02 MILITARY LEAVE
Any regular employee who is drafted or who enlists in any branch of the United states Armed Forces, or whose Reserve Unit is called to active duty, and who meets conditions of eligibility for reemployment under the applicable federal and state statutes, will be given all rights and benefits to which she/he is entitled under existing laws.
Employees required to attend mandatory annual training in the National Guard or Reserves are usually granted a two-week leave. The employee receives full salary less the amount of military pay. Military leave is given in addition to annual vacation.
3:03 PREGNANCY DISABILITY LEAVE
Pregnancy disability leave is available for any period(s) of actual disability caused by an employee's pregnancy, childbirth or related medical conditions up to seventeen (17) weeks per pregnancy, regardless how long the employee has been employed by the YWCA. This leave is in addition to the 12 workweeks of leave granted to eligible employees to care for a newborn under the YWCA's Family and Medical Leave policy. An employee who is pregnant or has a related medical condition is also eligible to transfer to a less strenuous or hazardous position, or to less strenuous or hazardous duties, if her health care provider indicates that such a transfer is medically advisable.
Pregnancy disability leave does not need to be taken in one continuous period of time but can be taken on an as-needed basis. Time off needed for prenatal care, severe morning sickness, doctor-ordered bed rest, childbirth, and recovery from childbirth are all covered under pregnancy disability leave. Employees should give at least 30 days notice of the requested leave, if possible. A health care provider must certify the need for pregnancy disability leave or the medical advisability of a transfer.
Normally, the length of the leave granted will be for the period of time that a health care provider determines that the employee is unable to perform her job due to the disability.
With respect to a normal pregnancy, it will be presumed that the pregnant employee is medically unable to perform her job for a period not exceeding six (6) weeks, unless the period of disability on account of pregnancy, childbirth or related medical condition is extended by the employee's licensed physician. The total period of any approved leave of absence on account of disability due to pregnancy, childbirth or related medical conditions may not exceed four (4) months.
An employee must use up any available paid sick leave during her pregnancy disability leave. The employee may then use accrued paid vacation time or other accrued paid time off as part of her pregnancy disability leave before taking the remainder of her leave as unpaid leave. Employee benefits may be continued as set forth in the YWCA's Family and Medical Leave policy.
Transfer requests will be granted only when the request can be met without creating additional employment, discharging another employee, transferring another employee with more seniority, or promoting or transferring, an employee who is not qualified to perform the new job. The YWCA retains the right to deny a requested transfer if it requires transferring another employee.
When an employee's health care provider certifies that she no longer needs the leave, transfer, intermittent leave or reduced work schedule, the employee will be reinstated to the same position she held before the transfer or leave request, or a comparable position, unless, for legitimate business reasons unrelated to the employee's leave or transfer, the employee would not otherwise have been employed in the position at the time of the reinstatement (for example, if the position has been eliminated due to layoff).
If an employee has utilized four months of pregnancy disability leave prior to the birth of her child and her health care provider determines that a continuation of the leave is medically necessary, the YWCA may, in its discretion, allow the employee to utilize Family and Medical Leave prior to the birth of her child. Where the employee is not eligible to take Family and Medical Leave (see YWCA's Family and Medical Leave policy), the YWCA may, in its discretion, allow the employee to take further unpaid disability leaves. Such decisions will be made on a case-by case-basis.
3:04 FAMILY AND MEDICAL LEAVE
Eligibility - Employees who have been employed by the YWCA for at least 12 months, and who worked at least 1,250 hours during the 12-month period before the date the leave is to begin, are eligible for a total of 12 workweeks of unpaid leave in a 12-month period for any of the following reasons: (1) the birth, adoption or foster care placement of the employee's child; (2) to care for an immediate family member (spouse, child, or parent) with a "serious health condition;" or (3) the employee's own "serious health condition." In California, a "serious health condition" does not include an employee's own pregnancy, childbirth or related medical condition, but employees are entitled to take pregnancy disability leave under the YWCA's Pregnancy Disability Leave policy. Thus, an eligible employee may qualify for up to four months' pregnancy disability leave plus workweeks of Family and Medical Leave for reason of the birth of her child. Please contact the Executive Director (E.D.) if you need a copy of the law's definition of "serious health condition."
How Leave May Be Taken In addition to taking the leave all at once, leave taken for the birth, adoption or foster care placement of a child may be taken in minimum increments of two weeks; the YWCA will grant a request for leave of less than two weeks for such reasons on no more than two occasions. Family and Medical Leave may also be taken intermittently (in blocks, or by reducing your normal weekly or daily work schedule) whenever the health care provider of the person with the serious health condition determines it is medically necessary.
Use of Accrued Paid Time The YWCA will substitute all of the employee's accrued paid vacation time for an equivalent amount of unpaid Family and Medical Leave. The YWCA will also substitute all of an employee's accrued sick leave for an equivalent amount of unpaid Family and Medical Leave when the leave is taken because of the employee's own serious health condition. The employee has the option to use their accrued paid sick leave for Family and Medical Leave if taken for any other reason than their own illness. The employee must notify the Executive Director (E.D.) of his/her desire to do so when requesting the leave. Family and Medical Leave runs concurrently with workers' compensation leave and with leave under a temporary or long-term disability benefit plan,
Benefits While on Leave Family and Medical Leave is not considered a break in service for purposes of longevity or accrued benefits; however, employees do not accrue benefits while on Family and Medical Leave.
An employee's medical and dental insurance coverage will continue for the first 12 weeks of an employee's pregnancy disability leave and/or Family and Medical Leave on the same terms as if the employee had continued to work; the employee must pay the same portion for the premiums as the employee paid while working. If the leave extends beyond 12 workweeks, the employee may continue medical and dental insurance by paying the full premiums. An employee may continue other benefits (e.g., life insurance) throughout the leave by paying the premiums for those benefits.
Job Restoration Rights Employees returning from Family and Medical Leave will be restored to their job or to another job which is virtually identical to the original position in terms of pay, benefits, and working conditions, including privileges and status. The new position will involve the same or similar duties and responsibilities, will be at the same or geographically proximate worksite, and will ordinarily be the same shift or an equivalent work schedule. However, an employee will not be reinstated if that employee would not otherwise have been employed at the time reinstatement is requested (e.g., if the position has been eliminated due to layoff). Under limited circumstances, certain highly paid "key" employees may not be reinstated after a Family and Medical Leave. You will be informed if you are a "key" employee.
Notice and Certification Requirements Eligible employees seeking Family and Medical Leave are required to provide:
Other Disability Leaves In certain circumstances, employees may be entitled to unpaid disability leaves of no longer than four (4) months. Employment will be terminated for inability to return to work at the end of the leave. The YWCA complies with all applicable state and federal legal requirements governing disability rights and reasonable accommodation. Nothing in this policy should be deemed to restrict employee rights granted under any applicable state or federal statue or regulation.
3:05 PERSONAL LEAVE OF ABSENCE
A leave without pay may be granted to regular employees for a period not to exceed 30 days upon approval of the Executive Director (E.D.), after consultation with the employee's supervisor. If leave granted exceeds 30 days, the employee must pay medical, dental and life insurance premiums, if applicable.
Consideration will be given to the nature of the situation, position, employee's performance, frequency of such requests, length of service and the effect on the YWCA's operation.
Personal leave of absence may not be taken in conjunction with other leaves of absence.
3:06 JURY DUTY
A leave shall be granted for jury duty. A Regular employee called for duty on a scheduled workday will receive the difference between jury pay and normal straight-time earnings for up to two weeks. If jury duty extends beyond the two- (2) week cap, accrued vacation time may be used. Employees shall notify the YWCA as soon as the court summons is received and shall submit proof of jury duty service from the court to the Bookkeeper as a condition for payment by the YWCA for such service. An employee called for jury duty who is excused in less than four (4) hours shall telephone the YWCA to determine if she or he is needed to return to work. In the event the employee returns to the YWCA to complete work, Such hours will be compensated at the regular rate of pay. Employees who are required to give testimony in a court of law (other than in an action to which they are a party) will also be compensated at the regular rate of pay.
3:07 BENEFITS CONTINUATION WHEN ON LEAVE
During any period of leave with pay, the employee continues to accrue all benefits and participates in the Retirement Fund.
When an employee is on a leave without pay that qualifies under the federal or state family and medical leave laws, the YWCA will continue, for up to 12 work-weeks, to make the same contribution to the monthly premiums for the employee's medical/dental insurance that it was making prior to the commencement of the leave. The employee will not accrue any other benefits (e.g., sick leave, vacation pay or contributions by the YWCA to the Retirement Fund) while on a family or medical leave.
During any other leave without pay, the employee does not accrue any benefits. Employees may continue participation in the YWCA medical/dental plans at their own expense. Participation in the Retirement Fund is suspended until the employee returns to paid status, except as otherwise required for employees who serve in the military.
YWCA employees and dependents who otherwise loose eligibility for health plan coverage may continue their protection through personal payment of 102% of premiums to the YWCA-provided health plan. Employees and dependents that lose eligibility for coverage due to termination of employment (except for cause through gross misconduct), or due to reduction in work hours, can continue their coverage for up to 18 months under COBRA. Dependents losing coverage due to death of an active employee can continue protection for up to 36 months under COBRA. Spouses and children losing coverage eligibility due to divorce, and children reaching the contract's maximum age for coverage, can also continue plan coverage for up to 36 months under COBRA.
The coverage privilege, on a continued basis, will cease before the end of the 18 or 36 month period if the YWCA discontinues health coverage completely, or if you or your dependents (a) fail to pay your premium in a timely manner, (b) become covered as an employee under another group plan, (c) become entitled to Medicare, or (d) if the former spouse of a divorced employee or a deceased employee remarries and becomes covered under another group plan.
3:08 FAILURE TO RETURN FROM LEAVE
Failure to report to work from any type of leave on the approved date or failure to contact the supervisor and Executive Director (E.D.) upon the specified return to work date will be considered a voluntary resignation.
3:09 OTHER LEAVES REQUIRED BY LAW
Employees may be entitled to time off or to leaves for various other reasons under state or federal law. The YWCA will grant employees all time off and leaves to which they are entitled by law.
3:10 HEALTH AND HEALTH EXAMINATIONS
A pre-employment health examination including, tuberculosis tests will be required for all YWCA employees. Such exam costs will be borne by the YWCA. The YWCA reserves the right to require alcohol and drug testing and such exam costs will be borne by the YWCA.
3:11 SECURITIES
All YWCA employees who work with children will be fingerprinted as required by the California Department of Social Services. The cost of fingerprints will be borne by the YWCA. All employees who transport clients in their own auto shall provide, to the Executive Director (E.D.), proof of insurance coverage before transporting clients.
3:12 MONEY HANDLING
Money is handled in such a manner as to prevent theft or fraud. Money theft or fraud is subject to immediate termination and possible prosecution in accordance with the law. Refer to Policies and Procedures for money handling in the SOP manual.
STAFF TRAINING AND DEVELOPMENT
4:01 CONFERENCE AND EDUCATIONAL ACTIVITIES
The YWCA actively supports the participation of its staff in national, regional and local training events, conferences, seminars, workshops and leave for study. Authorized attendance at such is to be considered both a responsible contribution to the work of the YWCA, and an opportunity for staff development.
The YWCA may approve expenses incurred. The staff member involved is to submit a request in writing to the supervisor, who will forward it to the Executive Director (E.D.). The Executive Director (E.D.) will have final approval. The request shall include estimated time and expenses.
INSURED BENEFITS
The YWCA provides certain insured benefits, Social Security, Workers' Compensation and Unemployment Insurance, as required by law and other benefits voluntarily.
5:01 SOCIAL SECURITY
Participation in the Federal Insurance Contribution Act (FICA) is required of all persons employed by the YWCA. This is done through payroll deductions. The YWCA pays a matching, amount, which is credited to the employee's federal account.
5:02 DISABILITY INSURANCE (SDI)
Participation in the State Disability Insurance program (SDI) is required for all YWCA employees. The employee contributes to the plan through payroll deductions. State Disability benefits provide temporary, partial wage replacement to eligible employees for time lost due to a non-work-related illness or injury. Employees are encouraged to apply for SDI for medical leaves exceeding 7 calendar days.
5:03 WORKER'S COMPENSATION INSURANCE
The YWCA, in compliance with California State law, carries Worker's Compensation insurance, which provides compensation for lost time, medical expenses and loss of life or disability due to work-related injury or illness. An employee who sustains a work related injury must immediately notify the supervisor and Executive Director (E.D.), whether the injury is slight or serious. A report must be filed with the Executive Director (E.D.) immediately thereafter. Employees may be granted up to three (3) paid days of Worker's Compensation Leave for illness or injury (depending on the nature of the injury) sustained at work. A doctor's certificate is required in order to return to work. This leave is not charged against either vacation or sick leave.
Neither the YWCA nor its insurer will be liable for the payment of Workers' Compensation benefits for any injury that arises out of an employee's voluntary participation in off-duty recreational, social or athletic activity that is not part of the employee's required work-related duties.
5:04 UNEMPLOYMENT INSURANCE
YWCA employees are covered under the state unemployment insurance plan. The YWCA pays the full cost of this insurance for each employee. State regulations determine eligibility, waiting period and amount of compensation.
5:05 HEALTH INSURANCE
Medical and dental insurance shall be available for regular full time employees (30 hours or more per week). The employee shall be eligible for insurance on the first of the month following completion of three months of eligible service unless the introductory period is extended. Insurance premiums for employee's dependents will be borne by the employee through payroll deductions. Employees not eligible for the health insurance benefit may choose to enroll in the insurance plan at their own cost through payroll deductions.
5:06 PAYROLL DEDUCTIONS
Deductions may be made at the request of the employee for payments for charitable contributions as approved by the Executive Director.
5:07 REIMBURSEMENT FOR EXPENSES
Reimbursement for expenses incurred in carrying out job duties or representing the YWCA must be authorized in advance. Reimbursable expenses may include registration fees, transportation, lodging and meals and are a-reed upon u to a maximum, beforehand.
A mileage allowance in line with IRS allowances will be granted to staff using their own vehicle on YWCA business. Staff shall submit expenses on a voucher form, which must be approved by the immediate supervisor. The mileage allowance will be announced annually.
5:08 RETIREMENT FUND
The YWCA Retirement Fund is a contributory 401(a)-pension plan. This means that the YWCA contributes the full amount, which is required to be credited to participants' accounts.
Participation in the YWCA Retirement Fund is a condition of employment upon completion of at least two years and 1,000 hours per year.
If an employee leaves YWCA employment before satisfying this participation requirement and is re-employed by a YWCA within a 24-month period, prior service will be counted toward eligibility. If an employee leaves YWCA employment after satisfying the participation requirement and is re-employed by a YWCA at any time, participation resumes immediately; it is not necessary to fulfill another eligibility period.
You should refer to the plan document or summary plan description for further details. In the event of a discrepancy, between this information and the plan document, the plan document controls.
5:09 LIFE INSURANCE
Life insurance is offered as a benefit in conjunction with the medical and dental policy and is paid at 100% by the employer to eligible employees through a carrier designated by the YWCA. Participation is required depending upon eligible employees' election to participate in other YWCA benefits being offered.
EMPLOYEE ENRICHMENT
6:01 PERFORMANCE APPRAISAL
Each employee is assigned to a supervisor to whom the employee is directly accountable. The role of the supervisor is to direct, encourage, support and evaluate the performance of the employee.
Each staff member will participate in job performance evaluations at least annually on the employee's anniversary date or at another designated date with the Executive Director (E.D.) or her/his designee. The Executive Director (E.D.) shall be evaluated by the Personnel Committee Chair, The President of the Board of Directors and one member of the Board of Directors designated by the Executive Director. Staff members will receive a written copy of their reviews.
A written performance appraisal, the evaluation of work performance, includes accomplishments and areas needing improvement. This appraisal will be prepared and shared with the employee, and will become a part of the employee personnel file.
6:02 SALARY RECOMMENDATIONS
Salaries are reviewed once a year, usually around the time of the employee's anniversary date. Salary increases are subject to the availability of funds and based on the employee's performance appraisal rating.
A. Salary changes due to promotion or job reclassification shall be within the YWCA's salary range for the position, with final determination made by the Executive Director (E.D.) with approval of the Board of Directors.
6:03 ADVANCEMENT/PROMOTIONS
The YWCA encourages employees to seek internal promotional opportunities, but reserves the right to fill vacancies from the outside. Promotion, transfer and salary are based on individual performance, potential, efficiency and demonstrated ability. Length of service is given consideration but is not the determining factor.
PERSONAL CONDUCT OF EMPLOYEES
7:01 ACCEPTANCE OF GIFTS AND GRATUITIES
Employees or officers of the YWCA, in the management, the contracting and the expenditure of grant funds shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or potential contractors.
An action, activity or interest of an employee which provides, or appears to provide personal gain or advantage, or the improper gain or advantage by others outside of the YWCA and which may have an adverse effect on the YWCA's interests or operations, may be considered a conflict of interest and may result in disciplinary action up to and including termination.
7:02 PERSONAL APPEARANCE AND CONDUCT
Employees are representatives of the YWCA and are expected to comply with the standards of dress and conduct which the YWCA sets as appropriate for the work environment and the performance of the job. Employees are expected to discharge their financial obligations in a responsible and timely manner. The YWCA will comply with all legal requirements on receipt of a writ of garnishment or attachment, a notice of levy by the Internal Revenue Service or other taxing body or any other legal order requiring that part of the employee's compensation be paid to someone other than the employee.
7:03 HARASSMENT
The YWCA is committed to protecting the rights and dignity of each individual it serves and every employee who provides these services. We strive to provide a working environment that is free of all forms of discrimination and harassment.
Harassment is unlawful if based on sex, gender, race, color, ancestry, national origin, citizenship, marital status, sexual orientation, pregnancy or childbirth, age, medical condition, physical or mental disability, or any other classification protected under local, state or federal law.
Employees are expected to avoid any behavior or conduct that could reasonably be interpreted as unlawful harassment of other YWCA personnel, both on and off YWCA premises and both during and outside of normal business hours. The YWCA will take all reasonable steps to prevent discrimination and harassment from occurring, including taking reasonable and necessary disciplinary action against offenders.
Covered Individuals This policy protects all employees, full-time or part-time, as well as applicants for employment, independent contractors, and leased and temporary employees. All such individuals are referred to as "employees" in this policy, although they may not qualify as employees for purposes of other policies.
Types of Harassment Conduct may constitute unlawful harassment because it demeans or offends members of a protected class, for example, jokes about members of a particular ethnic group. Conduct may also constitute unlawful harassment if it is directed at an individual or individuals because of protected characteristic or membership in a protected group, for example, if members of one ethnic groups are berated for tardiness when it is excused in other employees of a different ethnic group. Unlawful harassment may take place through verbal conduct (jokes, epithets or slurs), visual conduct (cartoons, gestures), or physical conduct (impeding conduct, unwanted touching). Employees should be aware that an individual may be offended by a derogatory or stereotype-based joke, even if s/he does not say so or appear offended.
Sexual Harassment Sexual harassment can be of women by men, of men by women, or of any person by a person of the same gender. One type of sexual harassment exists when a more powerful person in the employment structure conditions employment or employment benefits upon the less powerful person's granting of sexual favors, or when an employee is disciplined as a result of not granting sexual favors, for example, when it is implied or suggested that an employee will receive a raise, promotion and/or continued employment if s/he agrees to the request for sexual favors. An employee's voluntary participation does not necessarily indicate that the employee welcomed the conduct. For example, an employee may go along with requests or conduct because of fear or an implied threat.
Sexual harassment also exists when an employee is subjected to unwanted sexual advances, requests for sexual favors, or other conduct that is of a sexual nature or is demeaning to individuals of the employee's gender, and which a reasonable person of the employee's gender would consider severe and pervasive enough to create an intimidating, offensive or hostile work environment. The conduct need not be directed at that particular employee. A hostile work environment may be created by the conduct of one or more supervisor(s), co-worker(s), or others who visit or do business at our facilities, such as members, parents of daycare children, outside independent contractors, participants, vendors, or messengers.
Examples of sexually harassing conduct include unwanted sexual advances (such as continued requests for dates or propositions); visual conduct (such as leering; making sexual gestures; displaying sexually suggestive objects or pictures, computer files, magazines, cartoons or posters); verbal conduct (such a derogatory comments, epithets, slurs and jokes; asking questions about a person's sexual conduct, making graphic comments about an individual's body, sending unwanted love letters; sending unwanted, suggestive or obscene e-mail or voicemail messages); and physical conduct (such as unwanted touching, kissing or fondling; impeding or blocking movements; patting, poking, pinching). Note that use of the YWCA's e-mail and voicemail systems is subject to the same prohibitions regarding harassment, as are all other forms of workplace communications.
This policy does not prohibit relationships to which both individuals consent. However, conduct between the individuals is covered if one or both of them no longer consents to the relationship. Such conduct is subject to discipline if (1) one of the individuals conditions the other's employment or employment benefits on continuing the relationship, or disciplines the other because the relationship has ended, or (2) one of the individuals has notified the other that the advances or the sexual or suggestive conduct is no longer welcome, but that conduct continues.
Complaint, Investigation and Corrective Action Process All harassment complaints should be reported as soon as possible to your supervisor and the Executive Director (E.D.). The Association will conduct an investigation as set forth in the YWCA's Standard Operating Procedures. If the YWCA determines that harassment has occurred, we will take corrective measures to ensure that the harassment is eliminated. These measures may include disciplinary action, up to and including immediate termination.
Protection Against Retaliation It is illegal to retaliate against any individual who has made a reasonable, good faith complaint of harassment, or who assists or testifies in a harassment investigation or hearing, even if the underlying harassment claim is not proven. Any employee who in engages in such retaliation will be appropriately disciplined.
7:04 SUBSTANCE ABUSE
The YWCA will not tolerate the use, sale, offer to sell, purchase, transfer, dispensing, or possession of illegal drugs, narcotics or other controlled substances on its premises including parking lots, cafeterias and other non-work areas. This also covers legal or prescription drugs, which impair the employee's ability to per-form the job safely or properly.
Employees will be subject to disciplinary action up to and including termination for violation of this policy or for being under the influence of such substances, including alcohol, while working,
The YWCA recognizes substance abuse as a potential health problem as well as a safety and security problem. Although abuse is prohibited, attempts will be made by the YWCA to assist the employee who is willing to seek counseling or rehabilitative therapy.
Employees should understand that appropriate disciplinary action will be taken in cases of drug, narcotic or alcohol usage even though the YWCA may have an employee assistance procedure.
7:05 SAFETY IN THE WORKPLACE
Every employee is responsible for safety. To achieve its goal of providing as safe a workplace as possible, the YWCA has implemented an "Injury and Illness Prevention Program" which outlines its safety and health policies. This program will be reviewed at the time you are hired and staff safety training will take place on a continuing basis in accordance with the program.
Please report any unsafe or hazardous condition or any accident immediately to your supervisor or your facility or center manager. Work-related injuries should be reported immediately to your supervisor and the Executive Director (E,D.).
When it appears that the health of an employee may impair job performance or pose a threat to the employee or others, the Executive Director (E.D.) may request a medical examination with a confidential report from a qualified medical practitioner. The expense shall be borne by the YWCA.
7:06 CORRECTIVE DISCIPLINE
When necessary and appropriate, the YWCA will attempt to utilize disciplinary procedures to correct employee misconduct and unacceptable standards of performance by identifying for the employee the precise changes the employee will need to make to improve the situation. The supervisor, in determining the appropriate disciplinary procedure, will generally attempt to consider the seriousness of the offense, any extenuating circumstances, and the past work history of the employee.
Disciplinary procedures include oral reprimands; informal conferences; written warnings; formal conferences; suspension; probation and termination. Completion of each of these steps is not necessary prior to implementation of any procedure. One or more steps may be omitted resulting in an employee being suspended or terminated. Management reserves the right, in its sole discretion, to impose corrective discipline up to and including termination.
SEPARATIONS FOR CAUSE
Termination of employment may be initiated by the YWCA for unsatisfactory work performance/misconduct, including but not limited to repeated tardiness, excessive or unexcused absences, refusal to accept work assignments, incompetence, violation of policy, insubordination, illegal acts such as possession, consumption of or reporting to work under the influence f alcohol or illegal drugs, theft, willful destruction of property, falsification of records, or child abuse. Employees who are separated for cause are entitled only to actual wages and accrued vacation earned as of the date of separation.
Nothing in this section creates any guarantees for discipline for employees or modifies the at-will nature of employment at the YWCA, as described in Policy.1:02.
7:07 GRIEVANCE PROCESS
A grievance is a complaint concerning the application of policies and procedures governing personnel practices or working conditions.
The Association provides a fair and objective plan for handling staff grievances through the normal supervisory channels. If satisfactory settlement cannot be reached, the grievance is referred to the Appeals Committee for study and recommended action.
The grievance and appeals procedure is a systematic process for the objective hearing and orderly handling of staff grievances.
STEP ONE
The written grievance of the staff member should be a concise statement of facts upon which the complaint is based. It should include specific reference to the policies, procedures or practices, which have allegedly been misinterpreted, misapplied or violated. It must be dated and signed. This written complaint is sent to the supervisor with a copy to the Executive Director (E.D.) within thirty (30) working days of the time the event becomes known to the employee. Within three working days of receipt of the complaint, the supervisor and staff member should meet to discuss the grievance. The supervisor must communicate his/her written response, with supporting reasons, to the staff member and Executive Director (E.D.) within two working days of the conference.
STEP TWO
If a staff member is not satisfied with the disposition of the grievance at Step One, or if not decision has been rendered within two working days following the conference, the employee notifies the supervisor of intention to initiate Step Two.
A notice is then sent to the Executive Director (E.D.) by the staff member that she/he is proceeding with the complaint, a copy of which had been filed with the Executive Director (E.D.) at Step One. She/he attaches a copy of the disposition of Step One if any decision was rendered. The appeal to the Executive Director (E.D.) (or to the Board President, if the supervisor is the Executive Director) must be filed within five working days of the conference with the supervisor.
Following a timely conference between the Executive Director (or Board President) and the aggrieved staff, the Executive Director (E.D.) (or Board President) shall communicate her/his response with supporting reasons, to the staff in writing within five working days, sending a copy to the supervisor.
STEP THREE
If the complaint is not resolved to the staff member's satisfaction at Step Two, or if no decision has been rendered within five working days, the staff member may take the grievance to the Appeals Committee.
The staff member submits a copy of the original statement of grievance and copies of the decisions rendered, if any, to the Chairperson of the Personnel Committee. The Chairperson then is responsible for notifying the President of the need for immediate appointment of an Appeals Committee. The Appeals Committee will consist f the Chair of the Personnel Committee and two Board members, one of whom is selected by the staff member initiating the grievance. The President of the Board will appoint the remaining Board member to the committee.
The Appeals Committee will meet to review all statements submitted and render a majority decision in writing within five working days. The decision of the Appeals Committee will be final.
7:08 EMPLOYER ACCESS RIGHTS POLICY
The YWCA provides employees with various supplies and work areas, and has installed and uses various electronic media, for various business purposes. None of these supplies, work areas or electronic media were provided or installed for purposes of monitoring employee conduct or actions. However, access to such information is a by-product of the original functions and purposes of these systems. The YWCA wants you to know the kind of information that is available to it through these systems and that it reserves the right to access this information at its discretion.
Access to Files
All files created by employees and stored at the YWCA are the property of the YWCA and may be reviewed by the YWCA or its designated representative at any time.
Access to Work Areas
Desks, file cabinets, lockers, offices, bookcases, and other work stations or areas may be subject to search when deemed necessary by the YWCA (e.g., missing files, books, etc.). Indeed, there may be rare instances (e.g., where the YWCA has reasonable suspicion of serious employee misconduct or evidence of potential endangerment of the health and safety of others) in which the YWCA may also inspect the contents of enclosed containers or other items (including lunchboxes and the like) stored within offices, desks, lockers, file cabinets and other work areas.
Access to Computer Files
Any computer assigned to you by the YWCA, as well as any and all documents and files on such a computer (including e-mail messages created, sent or received on the system), are the property of the YWCA, not the property of individual employees. The YWCA has the ability to check book-marked websites and to access documents, computer files and email messages and reserves the right to do so, wherever they are located and whether they have been deleted or not. Employees should recognize that, even if documents or e-mail messages are password protected, they are not confidential; access by the YWCA, or a person designated by the YWCA, may occur.
Access to Voicemail and Telephone Call Data
The YWCA's telephone call accounting system provides complete telephone detail for each extension. Therefore, at any time, the YWCA can access the number of calls made' from or received by any extension for any given period of time, including the length of each call, date and time of each call, and the number and city dialed. From time to time the YWCA may access this information to monitor possible abuse of telephone privileges. The YWCA's telephone system in various locations permits the receiving, sending, saving and transferring of voicemail messages. Even though you use a password to restrict access to your voicemail messages, you should be aware that the YWCA may access voicemail messages at any time by changing individual passwords. Employees should not assume that any messages are confidential or that access will not occur.
7:09 EMPLOYEE USE OF ELECTRONIC AND COMMUNICATIONS SYSTEMS
In general, the use of the YWCA's telephone and voicemail systems, computers, e-mail systems, and facsimile and photocopy equipment, should be limited to Association business. Non-business telephone calls and e-mails, both incoming and outgoing, as well as non-business access to the Internet, should be confined to that which is absolutely necessary and should be kept to a minimum. Employees are prohibited from placing personal calls from telephone extensions other than the one assigned to the employee or sending e-mail from a computer under another employee's log-in. Employees should also take care not to compromise the confidentiality of the YWCA's or any other party's internal business records or practices.
Employees are prohibited from accessing, reading or printing other employees' computer files, including documents and e-mail messages, unless they have express authorization from the other employee or the YWCA. Employees are not to change their computer passwords or give their computer passwords to anyone else under any circumstances, except when required by the Chief Executive Officer or the System Administrator. When the regular user is absent and other staff members need access to the person's files, they must contact the System Administrator for access. Because others may need to use an employer's computer or access the same programs, employees may not alter the directory structure on any desktop computer or change the settings in programs they use.
To avoid computer viruses, all software (including but not limited to screen savers and commercially available programs) to be installed on a YWCA computer (the LAN or a workstation) must be checked and approved by the System Administrator prior to installation. In addition, employees may not download any file from the Internet without prior approval by the System Administrator.
In no event should any YWCA equipment be used for illegal or unlawful activities including, without limitation, harassment of any kind. Examples of inappropriate communications, messages and documents are those which make any offensive, harassing or discriminatory reference to race, color, ancestry, national origin, citizenship, religion, marital status, gender, sexual orientation, age, medical condition, physical or mental disability, or any other characteristic protected under federal, state or local law. Employees are prohibited from using YWCA resources and systems to threaten, stalk, abuse or otherwise violate the legal rights of others (including rights of privacy and publicity). Other electronic misconduct and unlawful electronic activities include infringement of copyright, patent, trademark, trade secret or intellectual property rights-, hacking (e.g., unauthorized instruction into other computer systems); spamming (transmitting unsolicited e-mail to multiple recipients or posting irrelevant messages to newsgroup); intentional distribution of viruses; e-mail or message forging, interception or misdirecting; or using e-mail or the Internet to perpetuate a fraud. Employees should not assume that communications or computer documents are confidential.
Employees who learn that any of the above systems, procedures or policies have been or are being abused or misused, must report the alleged misuse or abuse immediately to their supervisor, the Director of Human Resources/Administration, or the Chief Executive Officer.
Any violation of the above policies may result in disciplinary action, up to and including termination of employment. The YWCA will cooperate with legal authorities in the investigation of any suspected criminal or civil infringements.
TERMINATION OF EMPLOYMENT
8:01 RESIGNATION
While employees have the right to resign at any time, it is requested that professional/exempt employees submit notice in writing to the immediate supervisor as far in advance as possible, preferably at least a month before the effective date of the resignation. Support/non-exempt employees are requested to give notice as far in advance as possible, preferably a minimum notice of two weeks.
8:02 REORGANIZATION
At any time, the Board of Directors or the Executive Director (E.D.) may close or downsize a facility or program, or eliminate a position. In such situations, the YWCA will continue the salary of any regular employee who is being terminated for a specified amount of time after the employee is relieved of work duties. The employee is considered formally terminated at the end of the salary continuation period. Employees may continue their medical, life and dental insurance (with the employee continuing to pay his or her share of the premium), as well as their retirement and tax-deferred salary deductions, during the period of salary continuation, provided these plans are in effect at the time of the salary continuation and that the plans allow participation by employees who are not on active status. Sick leave and vacation accrual cease on the last day the employee is actively at work.
Employees are not eligible for salary continuation if
1. they are temporary or contract employees, or are working on a grant;
2. they are offered a transfer to another position with comparable compensation but decline that offer;
3. they have been working less than 20 hours a week for less than 12 months or more; or
4. they resign or are terminated for reasons other than the retrenchment before the date on
which the salary continuation would otherwise have started.
PERSONNEL RECORDS
9:01 EMPLOYEE RESPONSIBILITIES AND ACCESS TO PERSONNEL DATA
The YWCA maintains confidential records for each employee consisting of employment related information, including that required by law. The YWCA strives to protect employees' rights to privacy, subject to the YWCAs need to collect and use employment information and to various reporting obligations.
The YWCA maintains procedures to protect personnel records. Access to personnel files is limited to a need-to-know basis.
Employees may review their own files by submitting a written request to the Executive Director (E.D.),
Employees should ensure that personal information provided to the Executive Director (E.D.) is up-to-date and that Executive Director is notified of subsequent changes especially changes in home address and telephone number, beneficiaries, health plan dependents, and marital status relevant to health insurance.
9:02 OUTSIDE DISCLOSURE OF INFORMATION ABOUT EMPLOYEES
The YWCA does not provide letters of recommendation for past or current employees, but does provide employment verification consisting of dates of employment, job title, employment status (full-time, part-time or temporary), and salary. All requests for information about current or former employees should be directed to the Executive Director (E.D.).
YWCA PROPERTY
10:01 USE OF YWCA PROPERTY
Unauthorized use or removal of YWCA property may result in disciplinary action up to and including termination.
10:02 PERSONAL VEHICLES USED FOR YWCA BUSINESS
Depending on their position, employees may be required to drive their own vehicles for YWCA business. Authorization to drive a vehicle as part of his or her job responsibilities is to be obtained from the Executive Director (E.D.) and is subject to proof of standard insurance coverage and a good driving record.
The YWCA shall require that the employee provide a verification of a driving record from the Department of Motor Vehicles.
An employee must also meet all other legal requirements to operate a vehicle. Such authorized employees must carry a valid California driver's license, proof of registration, and proof of insurance coverage with them at all times.
An employee In an accident while traveling on YWCA business must report the accident to the Department of Motor Vehicles and to his or her insurance company, as well as to his or her immediate supervisor and Executive Director (E.D.).
The YWCA will not bear the costs of fines and citations associated with traffic or parking violations incurred while operating a vehicle on YWCA business.
10:03 YWCA OWNED VEHICLES USED FOR YWCA BUSINESS
All agency policies specified in S.O.P Manual also apply to employees who must operate YWCA owned vehicles as part of their job duties. Additionally, when using YWCA property, employees are expected to exercise care, perform required maintenance, and follow all operating instructions, safety standards and guidelines. The improper, careless, negligent, destructive, or unsafe use or operation of YWCA owned vehicles, as well as excessive or avoidable traffic and parking violations while on YWCA business, may result in disciplinary action, up to and including termination of employment.
AMENDMENTS
Changes in Personnel Policies may be made by the B recommendation of the Personnel Committee. Suggestions by staff or volunteers shall be directed to the Executive Director (E.D.). Changes are not effective until issued by the YWCA in writing.
Revised 6/2000
YWCA
ACKNOWLEDGMENT OF RECEIPT AND REVIEW OF
PERSONNEL POLICIES AND OF AT-WILL EMPLOYMENT
I have received the YWCA Personnel Policies. 1 understand that these policies will replace and supersede all of the previous personnel policies issued by the YWCA.
I understand that I am required to read and comply with the Personnel Policies, and that I should refer any questions to my supervisor or the Executive Director (E.D.)
I understand that the YWCA has placed in each location a Standard Operating Procedure Manual, and that I am required to review and become knowledgeable of its contents.
I understand that the most current published version of the Personnel Policies will govern for all purposes, and the YWCA may add to, delete, or modify any provisions of the Personnel Policies at any time, except that any changes as to the "at-will" nature of the employment relationship ran only be made as set forth in the following paragraph.
I hereby acknowledge that my employment relationship with the YWCA is of an "at-will" nature. This means that I am free to end my employment with the YWCA at any time, with or without cause and with or without advance notice. It also means that the YWCA may terminate my employment at any time, with or without cause and with or without advance notice, or may modify any aspect, term or condition of my employment (e.g., job duties, title, compensation, hours, benefits, policies and practices) except for the "at-will" nature of the employment relationship at any time, with or without cause and with without advance notice. I understand that the "at-will" nature of the employment relationship with the YWCA cannot be modified except by written agreement signed by the Executive Director (E.D.) after approval by the
YWCA's Board of Directors.
This form must be signed and dated and returned to your supervisor within five days for forwarding to the Executive Director, (E.D.)
________________________________
Employee's name (print)
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Employees signature Date policies received