A. Exempt /Non- Exempt: These terms refer to provisions of the Fair Labor Act (in California covered by Industrial Welfare Commission Order 4-80).

B. Compensatory Time: An exempt employee receives compensatory time at straight time for all hours worked over her regular employment schedule. All accrual and usage of compensation time must be approved in advance by the Executive Director.

C. Overtime Pay: Overtime pay is paid to non-exempt employees who work 40 hours in a work week. Overtime pay is paid at a rate of one-and-one-half times the regular pay and must be approved in advance by the Executive Director.

D. Work Day: A work day is defined as an employee's regularly scheduled working day.

E. Full-Time: Full-time employees at the YWCA are those employees who are scheduled to work 35 hours per week.

F. Introductory: Introductory employees have not yet completed six months of employment. Upon demonstrating satisfactory job performance, he/she will automatically become regular employees at the end of their introductory period unless given prior written notice by the Executive Director to the contrary.

G. Regular Employees are all employees who have satisfactorily completed the initial introductory period.

H. The words "employee" and "staff' are synonymous terms for the purpose of these policies, and the terms "YWCA" and "Association" both refer to the YWCA at the University of California, Berkeley.

I. "Benefits Required by Law" refers to the Social Security Program, Worker's Compensation and Unemployment Insurance Program and the State Disability Insurance Program.

J. Work Study Students, Interns: Students employed on a part time basis, jointly paid by the YWCA and the Berkeley Campus. Interns are unpaid staff members. No benefits are available for these positions.

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 Association 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.

YWCA Mission Statement: The Mission of the YWCA at the University of California, Berkeley is to meet the changing needs of women from diverse backgrounds on campus and in the community by empowering them to fulfill personal, career and humanitarian goals.

Affirmative Action Policy: The YWCA, committed to a policy of affirmative action in the recruitment and employment of personnel, will actively seek minority representation in a manner fully consistent with applicable local, state, and federal laws.

At-Will Statement: EMPLOYMENT AT THE YWCA IS EMPLOYMENT AT WILL. Employment at will may be terminated for any reason, with or without cause or notice, at any time by the employee or the YWCA. Nothing in this handbook, or in any document or statement, oral or written, shall limit the right to terminate employment at will.

No one of the YWCA has any authority to enter into any agreement for employment for any specified period of time or to make any agreement for employment other than at will. Only the President of the Board of Directors of the YWCA and the Executive Director have the authority to make any such agreement and then only in writing.

Equal Employment Practices: The YWCA is an equal opportunity employer and makes employment decisions on the basis of merit. We want to have the best available persons in every job. YWCA policy prohibits unlawful discrimination based on face, color, creed, sex, marital status, age, national origin or ancestry, physical or mental disability, medical con 3PAW veteran status, sexual orientation or any other consideration made unlawful by federal, state or local laws. All such discrimination is unlawful.

The YWCA, as your employer, must take all reasonable steps to prevent discrimination and harassment from occurring. Sexual harassment in employment violates the YWCA policy and is prohibited under Title VII of the federal Civil Rights Act and the California Fair Employment and Housing Act.

Sexual Harassment Defined:

Federal law defines sexual harassment as unwanted sexual advances, requests for sexual favors or visual, verbal or physical conduct of a sexual nature when: (1) submission to such conduct is made a term or condition of employment; or (2) submission to or rejection of such conduct is used as basis for employment decisions affecting the individual; or (3) such conduct has the purpose or effect of unreasonably interfering with an employee's work performance or creating an intimidation, hostile or offensive working environment.

California law defines sexual harassment as unwanted sexual advances or visual, verbal or physical conduct of a sexual nature. This definition includes many forms of offensive behavior.

The following is a partial list:

It is unlawful for males to sexually harass females or other males, and for females to harass males or other females. Sexual harassment on the job is unlawful whether it involves co-worker harassment, harassment by a supervisor or manager, or by persons doing business with or for the YWCA.

The YWCA is committed to complying with all applicable laws providing equal employment opportunities to individuals regardless of race, color, creed, sex, marital status, age, national origin or ancestry, physical or mental disability, medical condition, veteran status or sexual orientation. This commitment applies to all persons involved in the operations of the YWCA and prohibits unlawful discrimination by any employee of the YWCA, including supervisors and co-workers.

The Board of Directors is the legal employer of all YWCA employees, and is directly responsible for hiring the Executive Director. The Board of Directors is responsible for adoption and revision of Personnel Policies and salary scales; Affirmative Action policy; an annual budget reflecting personnel policies; and for compliance with required National YWCA, local, state and federal employment regulations.

The Personnel Committee is the Board committee to which is delegated authority to develop personnel policies, assure implementation of such policies, and assure adherence to legal requirements pertaining to employment. The chair of this committee has the responsibility of working with the Executive Director and/or appropriate staff in implementing personnel policies and in working on problems arising therefrom or on questions and problems not covered by the policies. The Personnel Committee shall be in regular communication with appropriate committees and shall report regularly to the Board of Directors.

The Executive Director is the administrative officer of the Personnel Committee and acts for the Board in implementing personnel policies. She acts for the Board in the hiring and/or termination of staff in consultation with the Personnel Chair or Personnel Committee. She must be a member of the YWCA.

All staff members share with the Board the responsibility for making possible the growth of members toward understanding and fulfilling the purpose of the Association. All staff members are encouraged to become members of the YWCA; YWCA membership is required for the Executive Director.

Administrative Staff: Persons employed to carry out association-wide administrative and fiscal responsibilities on behalf of the Board of Directors.

Each employee shall receive an offer letter prior to employment of the terms and conditions of employment, with a copy of current personnel policies and a job description. This letter shall contain:

Benefit Availability:

1. Full benefits (as listed on pages 7-10 of these policies) are available to all full-time employees.

2. Part-time employees working half-time or more receive all benefits on a pro-rata basis, except that these employees receive the same medical, dental and vision benefits as full-time employees.

3. Employees working less than half-time receive no benefits except those required by law.

4. Introductory employees receive the same benefits as regular employees except in vacation and sick leave.

Introductory Period: The introductory period shall continue for the first six months of employment. A formal review shall take place near the end of the first three-month period and again near the end of the sixth month, with the employee notified in writing of the results of the review. During the introductory period the grievance procedures described in these policies do not apply. The Executive Director reserves the right to extend the introductory period of any employee.

Salaries: Salary range for all positions shall be on file in the Executive Director's office. They shall be reviewed at least every three (3) years by the Personnel Committee. At the time new salary ranges are adopted, the salary of staff persons whose salaries are below the new minimum and who have successfully completed their introductory period will be adjusted to this new minimum and will be increased by whatever increment is given to the staff.

Thirty-five hours (35) shall comprise a work-week for all full-time employees.

Overtime/compensatory time will be permitted only in exceptional circumstances. The Executive Director must approve in advance any accrual of overtime /compensatory time. Compensatory time shall not at any time exceed the number of hours worked in a regular work week.

Use of compensatory time must be cleared through the Executive Director in advance and must be taken in the same semester in which it is accumulated or in the semester break immediately following. Subject to these guidelines, the President will oversee the Executive Director's compensatory time.

• Seven work hours per day, with an unpaid lunch hour.

• Work hours may vary with program demands; Executive Director has responsibility for knowledge and approval of any variance.

• A staff member should work two, not three periods (e.g. morning, afternoon, evening) of the working day.

• Staff will keep schedules as regular as possible once established. These schedules will be posted in the office.

• Staff will not be scheduled for more than two evenings a week or two periods in a weekend except in cases where more is spelled out in the job description and is a condition of employment. (A work period is a morning, afternoon, or evening.)

• No one will work over five hours without an unpaid break.

• Office Staff: 9:00 AM - 5:00 PM, Monday through Friday, with one (1) hour (unpaid) lunch.

Regular Business Hours are Monday through Thursday, 9:00 AM to 9:00 PM and Friday, 9:00 AM to 5:00 PM, with hours on Saturday during the program year.

All leaves and vacations must be approved in advance by the Executive Director, who shall keep the Board informed. Executive Director leaves and vacations must be approved by the Board President.

Introductory employees cannot use vacation and sick leave during the introductory period. However, at the successful completion of their introductory period, accumulation is retroactive to the date of hire.

Holidays:

The YWCA observes all holidays officially recognized by the University of California as administrative holidays. These holidays are available to all employees whose normal work schedule includes that work day. If the Association requires the employee to work on a holiday, equivalent time off shall be granted within sixty (60) days.

Vacations with Pay:

Dates for vacation time shall be arranged with the Executive Director on the basis of seniority.

All vacations must be taken within the employee's employment year, unless authorized by the Executive Director and the Personnel Committee. The Executive Director will report the vacation schedule of staff to the Personnel Committee.

Staff shall accrue vacation as listed below for each completed year of service.

6 months through the 1st year: 10 days (for full time = 70 hours vacation annually)

2nd year: 15 days (for full time = 105 hours vacation annually)

3rd year: 20 days (for full time = 140 hours vacation annually)

4th year: 25 days (for full time = 175 hours vacation annually)

Vacation time will be used when the YWCA is closed for winter break, or unpaid leave may be taken (approved June 14, 1994).

Sick Leave:

Vacation and sick leave are not interchangeable. Sick leave is not to be used for personal absences.

Sick leave: Sick leave shall accumulate at a rate of one day per month, and shall apply to all staff. There is no limit on the amount of sick leave that may accumulate. Upon termination/resignation, no pay is given for unused sick leave.

An employee shall be permitted to use up to 30 days of accumulated sick leave in any calendar year when required to provide care for a sick family member.

Dental and medical appointments may be charged against accumulated sick leave.

An employee shall be permitted to use no more than five (5) days of sick leave in a calendar year when that employee's absence is required due to the death of a family member.

Written verification of illness/appointments/leaves may be requested by Executive Director.

Medical Leave of Absence: A medical leave of absence may be granted for non-work related temporary medical disabilities (including pregnancy, childbirth and related medical conditions) for up to 6 months. A doctor's written certificate of disability may be required. Requests for leave should be made in writing as far in advance as possible. The exact length of time of such leave is to be determined by the Executive Director and the employee, who at the end of this leave will be returned to the same position, The leave will not exceed six (6) months. Such leave is without pay, except vacation and accumulated sick leave may be used as a portion of the six month maximum leave.

Jury Duty:

All employees required to perform jury duty shall be paid for each day or fraction thereof they report and/or serve up to a total of ten (10) working days annually. An unpaid leave of absence will be granted if further time is required. Pay received for Jury Duty need not be reported to the YWCA.

Personal Leaves of Absence: Leaves of absence without pay may be granted for personal or family needs or for study or development opportunities when no conflict of interest will arise. Request for such a leave must be presented in writing to employee's supervisor and to the Executive Director. The Executive Director will present her own request to Chair of the Personnel Committee. Such leaves are to be arranged to meet the needs of the Association.

When a leave of absence is granted in order that the employee may pursue professional or political interests outside the scope of her YWCA position, no conflict of interest situation may arise.

Professional Development:

Staff is encouraged to add to their professional skills by attendance at workshops/courses. Time and possible expense coverage for conferences attended on work time must be approved in advance by the Executive Director. Where YWCA funds or time are used for professional development, participating staff will be expected to share new skills with the appropriate YWCA group.

Conflict of Interest:

No current employee shall use the YWCA facilities or any contacts with persons gained through her employment with the YWCA for the purpose of promoting a business that provides a service which the YWCA also renders.

Attendance at Conferences or Training Events: The Executive Director attends certain conferences and conventions in relation to the YWCA. Within the first six months of appointment, the Executive Director is required to attend a National YWCA training event designed for Executive Directors. The Executive Director may also attend other training events.

Other staff shall attend conferences or training events at the discretion of the Executive Director and the Personnel Chair. Required attendance will be considered regular duty time.

Paid time will be granted for conference work based upon regularly scheduled hours and days of work, up to 7 hours per day. Compensatory time will not be accumulated.

Expenses for the Executive Director and other staff will be paid by the Association for required conferences and events and may be paid for optional events. Time and possible expense coverage are to be arranged in advance with the Executive Director or, where she is the attendee, with the Personnel Chair.

Job Expenses:

All staff shall be allowed necessary expenses required by her/his job, monthly accounts to be submitted and approved by the Executive Director. Car allowance is at the mileage rate allowed by the I.R.S.

National YWCA Retirement Program: The Association participates in the YWCA Retirement Fund which provides protection for retirement, death, and disability. The Retirement Fund is a pension plan to which both employee and the Association as employer, make regular payments. It is open to employees in all job classifications and participation is a condition of employment for all employees upon fulfillment of the eligibility requirements after two years of employment.

Participation is a condition of employment for YWCA employees working for at least one-half of the Association's work week; employees working less than half-time must be enrolled at the end of a year in which they work 1000 hours. For further requirements and information please refer to YWCA Benefit Highlights brochure, or to the Summary Plan Description which is distributed to each new participant in the YWCA Retirement Fund.

Other Required Programs:

By law all regular staff participate in the Social Security Program.

By law all staff are covered by Worker's Compensation and Unemployment Insurance for which the Association pays at required rates.

By law each employee must participate in the State Disability Insurance program and contribute to it from his/her salary as the law requires.

The Association will pay a portion of the monthly cost of a YWCA approved comprehensive group health insurance for employees who work half-time or more and who have been employed at least 30 days, the amount to be approved by the Board of Directors. If the employee already has such comprehensive coverage either through her or his spouse or domestic partner or through another employer, the YWCA will contribute up to the amount paid by this other coverage, not to exceed the amount paid for other YWCA staff.

Any employee eligible to receive retirement benefits from the YWCA Retirement fund or other system of which the employee is a member and who indicates a desire to continue employment will continue to be employed on the same basis and standards as other employees in comparable positions.

There shall be an annual evaluation of staff, except during the first year of employment, when there shall be two evaluations, one at the end of the introductory period and a second during the period of annual evaluations for all employees. The responsibility for staff performance appraisal lies with the Executive Director. The responsibility for the performance appraisal of the Executive Director lies with the Personnel Committee Chair who shall request the Board President to appoint an ad hoc Appraisal Committee for this purpose. Written appraisals of all staff shall be completed by June 30. Performance evaluations may be given more frequently at the discretion of the Executive Director.

Personnel records are kept for all staff members. This is the responsibility of the Executive Director. These records shall be confidential and available only to the Personnel Chair, the Board President, the Executive Director, and the employee to whom the records pertain. Medical records are kept separately from Personnel records for each staff member.

The Personnel Chair is responsible for maintaining the Executive Director's official Personnel file.

A list of suggested records to be kept may be found in the current Personnel Administration Manual of the YWCA.

Employees may inspect their personnel file, as provided by law, in the presence of a YWCA representative, at a mutually convenient time. No copies of documents may be made, with the exception of documents previously signed by the employee. Employees may add their version of any disputed item in their personnel file to their file.

The YWCA will restrict disclosure of personnel file to authorized YWCA individuals. Any request for information from personnel files must be directed to the Executive Director. Only the Executive Director and the Board President are authorized to release information about current and former YWCA employees. Disclosure of personnel information to outside sources will be limited; however the YWCA will cooperate with requests from authorized law enforcement or local, state or federal laws.

Health/Medical Records of employees are not included in their personnel file. All such records are confidential. The Executive Director maintains medical files in a locked cabinet and safeguards them from disclosure. Medical records will only be disclosed id (1) allowed by law; (2) the employee requests the information be disclosed to his/her personal physician; (3) as requested for worker's compensation cases.

Problems should be dealt with promptly in a supervisory conference between employee and supervisor. If this fails and resolution on the immediate level seems impossible the employee may file a grievance according to the steps and procedures as described in the "Grievance and Appeals" section of the most recent edition of the Personnel Administration Manual for Community and Student YWCAs. (See Attachment A)

All staff members terminated will be paid for any accrued vacation and compensatory time. Staff are not paid for unused sick leave.

Termination by Resignation: Resignations are expected to be submitted in writing to the Executive Director and to the Board President. The YWCA requests employees give the YWCA advance notice of their resignation so that it can make any necessary adjustments to its positions.

Minimum Suggested Period of Notice:

Administrative and Program Staff: 1 Month

Clerical and Support Staff: 2 Weeks

Termination by Retirement: Retirement occurs at whatever age an employee chooses to draw income benefits from the National YWCA Retirement Fund.

Termination by the Association: Consistent with the YWCA policy of at will employment, termination of employment may be initiated by the YWCA for any reason not forbidden by law, including:

The Executive Director will conduct and record an exit interview with all staff leaving the Association. In the case of the Executive Director, the Personnel Chair and the Board President conduct the interview. Both the departing staff member and the person(s) conducting the interview sign the report.

Any personnel matters not covered by the policies will be referred to the Executive Director who shall then refer the matter to the Personnel Committee.

These Personnel Policies are a statement of employment conditions and do not constitute a contract of employment.

These policies will be revised periodically and submitted to the Board of Directors for approval. A master copy of the Policy and any revisions is available in the Executive Director s office. The Personnel Committee will also maintain an updated copy.

The Association shall provide a systematic process for the objective healing and orderly handling of staff grievances.

A grievance is a complaint concerning the application of policies and procedures governing personnel practices or working conditions.

1. All information concerning an employee grievance will be held in the strictest confidence.

2. Most employee complaints can be resolved informally through established supervisory channels and informal resolution of grievances is encouraged. If this fails and resolution seems impossible, employees may use the grievance procedure and are not to be penalized for doing so.

3. Grievances are submitted in writing to the immediate supervisor with a copy to the Executive Director.

The grievance is 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.

Within three working days of receipt, the supervisor and the staff member shall meet to discuss the grievance. The supervisor must communicate a written response, with supporting reasons, to the staff member and Executive Director within two working days of the conference.

4. If the staff member is not satisfied with the disposition of the grievance or if no decision has been rendered within two working days following the conference, the employee shall notify the supervisor in writing of the intention to initiate the second step of the procedure.

The staff member shall send to the Executive Director a copy of the decision rendered at the first step and a written appeal for reconsideration of the decision by the Executive Director. The appeal to the Executive Director must be filed within five working days of the conference with the supervisor.

Following an immediate conference between the Executive Director and the aggrieved staff member, the Executive Director shall communicate her decision with supporting reasons to the staff member in writing, with a copy to the supervisor. This shall be done within five working days.

5. If the complaint is not resolved to the staff member's satisfaction, or if no decision has been rendered by the end of the specified time period, the staff member may file the grievance with 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 is responsible for notifying the President of the need for immediate appointment and an Appeals Committee.

The preceding time limits for the grievance steps are guidelines only and are not meant to be mandatory. The time limits may be extended by mutual agreement of the parties involved.

It is anticipated that an Appeals Committee would be activated only is cases of serious grievances involving wage disputes or the termination of an employee.

1. The Appeals Committee is an ad hoc committee appointed by the President. It is composed of a Board member selected as Chairperson who functions as a non-voting moderator (except in cases of a tie vote); the Chairperson of the Personnel Committee who is a Board member one member of the Board who is not on the Personnel Committee; and a Board member selected by the aggrieved staff member.

2. Members of the Appeals Committee shall disqualify themselves from service on individual appeals if they are personally involved in the case. Should this occur, substitute members will be appointed.

3. The Appeals Committee shall meet within 10 working days of request by the employee.

4. The members of the committee must be furnished with all written documents and other relevant materials. All information shall be treated as confidential.

5. The aggrieved staff member, the supervisor and the Executive Director shall have the opportunity to present their positions before the Appeals Committee.

6. No legal counsel shall be present.

7. The written findings of the Appeals Committee shall be submitted to the Executive Director and to the aggrieved staff member within five working days of the hearing. It is the responsibility of the Executive Director to implement the decision. In the case of the Executive Director, the President carries the responsibility for implementing the committee decision.

8. This is the Association's final decision. The aggrieved staff member has no further recourse available within the Association.

When the submitted grievance involves the termination of staff, the Appeals Committee shall be appointed by the President and ratified by the Board of Directors because it carries final responsibility for the disposition of the grievance.

1. The hearing by the Appeals Committee shall be held within three days of the ratification by the Board.

2. All parties involved shall be permitted to present their positions and no legal counsel shall be present.

3. A decision by the committee to reinstate a staff member must be unanimous and must take into consideration the position of the executive who has been empowered by the Board of Directors to employ and terminate staff.

4. If the termination is upheld, the Executive Director shall implement the termination process, including the exit interview.

5. The Chairperson of the Appeals Committee reports staff terminations to the Board of Directors at its next meeting. Details of the hearing proceedings or of information received during the process shall be protected as private and confidential by the Chairperson and shall not be disclosed.

In cases when the Executive Director's overall judgment and ability to function as head of staff are called into question, the appeals Chairperson should make her concerns known to the President and Personnel Chairperson. Steps are then taken to review the situation with the Executive Director and find appropriate ways to help her strengthen her skills in supervision and personnel administration. Personnel problems and solutions provide data for the performance appraisal of the Executive Director.

The Executive Director may file a grievance with the Appeals Committee.

The Appeals Committee is an ad hoc committee appointed by the President and ratified by the Board. The committee is composed of a Chairperson who is a non-voting moderator (except in cases of a tie vote); a Board member from the Personnel Committee; two Board members who are not members of the Personnel Committee; and a Board member selected by the Executive Director.

1. Members of the Appeals Committee should disqualify themselves if they are personally involved with the case. Substitute members would be appointed.

2. The Executive Director's hearing must be held within three days of the Board's ratification.

3. The Executive Director and the Chairperson of the Appraisal Committee shall have an equal opportunity to present their positions and no legal counsel shall be present.

4. The final decision of the Appeals Committee must be rendered within five working days of the hearing.

5. If the termination is upheld, a copy of the decision is submitted to the Executive Director before the action is reported to the Board of Directors in closed session.

6. This is the Association's final decision.

7. If the Appeals Committee recommends retention of the executive, another review of her performance may be stipulated within a stated number of months. If the next performance

Director be given three months' termination pay in lieu of notice. There is no further chance for appeal.

It is assumed that prior to these steps the performance appraisal process has been followed.

This includes the following: