LJCDS Employee Handbook, updated January 2023 by La Jolla Country Day School

Employee Handbook Updated January 2024

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Inspiring Greatness for a Better World by Leading with Dignity Welcome to La Jolla Country Day School (LJCDS or School), a community committed to inspiring greatness for a better world by leading with dignity. Our unique school is where proven and progressive meet. We aim to prepare our students for a lifetime of personal growth, social responsibility, and intellectual exploration. Inspiring greatness nurtures lifelong learners who possess four critical attributes: a strong work ethic; moral character; a commitment to challenge the status quo; and the appreciation that we belong to something greater than ourselves. LJCDS recognizes and values the unique differences that we all bring to the community and is committed to fostering a culture of dignity. As students develop their decision-making and communication skills in Tiny Torreys – Grade 12, they are afforded a band of acceptable behavior that balances the policies of the School and their individuality. As adults in this community, we must model the attributes we wish for our students to develop. The School’s handbooks contain the guidelines and policies that all members of our community must follow. Being a member of a community sometimes means putting the best interests of the community over our own personal preferences. It is expected that all individuals demonstrate their commitment to leading with dignity and follow, model, and enforce the guidelines and policies as they are outlined in the respective handbooks as a requirement for participation in the activities and life of the School. This handbook is intended to help establish employment guidelines to provide the employee with a framework within which each individual may govern their own efforts and conduct. The language used in this handbook establishes the policies and guidelines under which the School is operated. The head of school, appointed by the board of trustees, is responsible for the day-to-day operations of the School.

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SECTION I: INCLUSION, DIVERSITY, and EQUITY

1. Equal Employment Opportunity

2. Reasonable Accommodation Policy

3. Reasonable Accommodation of Employees’ Religious Beliefs, Observances, and Practices

4. Harassment, Discrimination, and Retaliation Prevention

5. Lactation Accommodation

SECTION II: EMPLOYMENT STATUS, BENEFITS, AND GENERAL POLICIES

1. At-Will Employment

2. Right to Revise

3. Categories of Employees

4. Timekeeping

5. Overtime

6. Meal and Rest Periods

7. Salary Advances and Loans

8. Benefits

9. Professional Growth

10. Sabbatical

11. Emeritus Program

12. Standard Hours of Work

13. Attendance

14. Nepotism Policy

15. Personnel Records

16. References

17. Performance Reviews

SECTION III: WORKPLACE CONDUCT AND EXPECTATIONS

1. Community Principals

2. Discipline and Conduct Violations

3. Conflicts of Interest

4. Workplace Ethics Policy

5. Requirement to Report Suspected Child Abuse

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6. Attire

7. Alcohol, Medications, Controlled or Unlawful Substances, and Smoking

8. Philanthropic Gifts to the School

9. Fundraising

10. Faculty & Staff Children

11. Publicity & News Releases

12. News Media Guidelines

SECTION IV: SAFETY AND OPERATIONS

1. Safety

2. Security

3. Workplace Violence

4. Emergency Operations Plan

5. Campus Access and Parking

6. Visitor Policy

7. Inspection of Storage Areas

8. Bicycles, Mopeds, Skateboards

9. Animals on Campus

SECTION V: USE OF SCHOOL INFORMATION & TECHNOLOGY

1. Confidential Information

2. School Inventions/Intellectual Property

3. Student Information and Records

4. Acceptable Use of Technological Resources

5. Use of Social Media

6. Technology Support

7. Mobile Devices

SECTION VI: DAILY ROUTINE

1. School Hours

2. Events Outside of the Standard Academic Day

3. Telephone Messages, Voice Mail, & Email

4. Mail

5. Building & Maintenance Services

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6. Supplies, Purchasing & Reimbursement Procedures

7. Library

8. Tutoring

SECTION VII: TIME OFF AND LEAVES OF ABSENCE

1. Holidays

2. Academic Break Periods

3. Vacation

4. Sick Leave

5. Personal Time

6. Leaves of Absence

Bereavement Leave

Reproductive Loss Leave

Bone Marrow and Organ Donation Leave

Jury Duty and Court Appearance Leave

Military Leave

Military Family Leave

Victim of Crime Leave

Voting Leave

Civil Air Patrol Leave

Emergency Service Training Leave

School Activities Leave

Suspension of Child Leave

m. Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA)

Pregnancy Disability Leave (“PDL”)

Unpaid Personal Leave

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SECTION I: INCLUSION, DIVERSITY, and EQUITY 1. Equal Employment Opportunity Our goal is to be a diverse workforce that is representative, at all levels, of the community we serve. LJCDS is an equal opportunity employer. All aspects of employment, including the decision to hire, promote, discipline, or discharge, will be based on merit, competence, performance, and business needs. We do not discriminate on the basis of an individual’s sex (including gender, gender identity, gender expression, transgender, pregnancy and breastfeeding), race (including traits historically associated with race, including, but not limited to, hair texture and protective hairstyles), color, national origin, ancestry, religious creed (including religious dress and grooming), sexual orientation (including heterosexuality, homosexuality and bisexuality), age (40 and over), marital status, military or veteran status, reproductive health decision making, medical condition, genetic characteristic or genetic information, physical or mental disability, or any other characteristic protected by federal, state or local laws. This policy applies to all areas of employment, including recruitment, hiring, training, promotion, compensation, benefits, termination, and other conditions of employment. Any employee who violates this Equal Employment Opportunity policy may be subject to disciplinary action, up to and including dismissal. Employees who believe that an incident of discrimination has occurred are encouraged to follow the complaint procedure described in the School’s Harassment, Discrimination, and Retaliation Prevention policy contained in this handbook.

2. Reasonable Accommodation Policy The School provides employment-related reasonable accommodations to qualified individuals with disabilities within the meaning of the California Fair Employment and Housing Act and the Americans with Disabilities Act. The following is the policy for requesting accommodations:

a. Request for Accommodation An employee or applicant who desires a reasonable accommodation in order to perform essential job functions should make such a request orally or in writing to the director of human resources. The request must identify a) the job-related functions at issue; and b) the desired accommodation(s).

b. Reasonable Documentation of Disability Following the receipt of the request, if the disability or the need for reasonable accommodation is not obvious, the School may require the individual requesting such accommodation to provide reasonable medical documentation confirming the existence of the disability and the need for reasonable accommodation, along with the name and credentials of the individual’s health care provider. If the individual provides insufficient documentation, the School will do the following: (1) explain the insufficiency of the documentation provided; (2) allow the employee or applicant to supplement the documentation in order to remedy the issue with the documentation provided; (3) require the employee be examined by a medical provider to determine the employee’s fitness for duty; or (4) pursue the interactive process only to the extent that the request is supported by the documentation provided.

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c. Fitness for Duty Examination The School may require an employee to submit to a fitness for duty examination at the School’s expense in order to determine whether the employee has a disability and is able to perform the essential functions of their job with or without reasonable accommodation when there is significant evidence of the following: •

The employee’s ability to perform one or more essential functions of their job has declined, or

•

Grounds for a reasonable person to question whether an employee is still capable of performing one or more of their essential job duties or is still capable of performing those duties in a manner that does not harm themselves or others.

The School may also require that a School-approved physician conduct the examination.

d. Interactive Process Discussion The School will initiate the interactive process when: •

An applicant or employee with a known physical or mental disability or medical condition requests reasonable accommodation(s),

•

The School otherwise becomes aware of the need for an accommodation through a third party (e.g., a doctor’s note requesting an accommodation), or by observation of the employee’s work,

•

The School becomes aware of the possible need for an accommodation because the employee with a disability has exhausted leave under the Family and Medical Leave Act or the California Family Rights Act, or other statutory leave rights, but the employee and/or the employee’s health care provider indicate that the employee has restrictions that may require further accommodation, or

•

An employee with a physical or medical condition related to, affected by, or arising out of pregnancy, childbirth or related medical conditions requests a reasonable accommodation or transfer based on the advice of the employee’s health care provider.

After receipt of a request for accommodation or the circumstances set forth above, and, to the extent applicable, reasonable documentation of disability and/or a fitness for duty report, the School will arrange for a discussion, in person or via telephone conference call, with the employee. The purpose of the discussion is to work in good faith to fully discuss all feasible potential reasonable accommodations.

e. Case-by-Case Determination The School determines, in its sole discretion, whether reasonable accommodation(s) can be made, and the type of accommodation(s) to provide. The School will not provide accommodation(s) that would pose an undue hardship upon School finances or operations, or that would pose a direct threat to the health and safety of themselves or others. The School will inform the employee of its decision as to reasonable accommodation(s) in writing. Employees and applicants should contact the director of human resources with any questions or requests for accommodation. P a g e 2 | 72 La Jolla Country Day School Employee Handbook January 2024 12318294.3 LA030-015

LJCDS will not retaliate against an applicant or employee for requesting a reasonable accommodation and will not knowingly tolerate or permit retaliation by administrators, employees, or colleagues.

3. Reasonable Accommodation of Employees’ Religious Beliefs, Observances, and Practices Absent undue hardship, the School provides employment-related reasonable accommodations to employees who request reasonable accommodations to address a conflict between a religious belief, observance, or practice (including religious dress and grooming practices) and any employment requirement. Applicants or employees who believe they need a reasonable accommodation of a religious belief, observance, or practice should discuss the need for a possible accommodation with the director of human resources.

4. Harassment, Discrimination, and Retaliation Prevention LJCDS prohibits harassment, discrimination, or retaliation against an applicant, employee, student, board member, contractor, unpaid intern, or volunteer, by an employee, student, board member, or an individual with whom the School has a business, contractual, or professional relationship, such as parents, legal guardians, unpaid interns, volunteers, independent contractors, or vendors, on the basis of any protected classification, as defined in this policy. Harassment, discrimination, and retaliation as defined in this policy is strictly prohibited and will not be tolerated. This policy applies to all terms and conditions of employment, internships, and volunteer opportunities, including, but not limited to, selection, hiring, placement, promotion, disciplinary action, layoff, transfer, leave of absence, compensation, and training. A single act can violate this policy and provide grounds for discipline or other appropriate sanctions. Conduct need not be or rise to the level of a violation of law in order to violate this policy. Similarly, a violation of this policy does not necessarily qualify as a violation of law and there are many circumstances in which a violation of this policy would not also constitute a violation of law. If you are in doubt as to whether or not any particular conduct may violate this policy, do not engage in the conduct, and seek guidance from the head of school. LJCDS also has a separate Harassment, Discrimination, and Retaliation Prevention and Reporting Policy in the Family Handbook.

a. Definitions Protected Classifications This policy prohibits harassment or discrimination because of an individual’s protected classification(s). A “protected classification” includes the basis of an individual’s sex (including gender, gender identity, gender expression, transgender, pregnancy and breastfeeding), race (including traits historically associated with race, including, but not limited to, hair texture and protective hairstyles), color, national origin, ancestry, religious creed (including religious dress and grooming), sexual orientation (including heterosexuality, homosexuality and bisexuality), age (40 and over), marital status, military or veteran status, reproductive health decision making, medical condition, genetic characteristic or genetic information, physical or mental disability, or any other characteristic protected by federal, state or local laws.

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Policy Coverage This policy prohibits employees, students, or individuals with whom the School has a business, contractual, or professional relationship, such as parents, legal guardians, unpaid interns, volunteers, independent contractors, or vendors, from harassing or discriminating against applicants, employees, students, contractors, unpaid interns, or volunteers, because of (1) an individual’s protected classification; (2) the perception of an individual’s protected classification, or (3) the protected classification or perceived protected classification of a person with whom the individual associates. This policy also prohibits retaliation as defined below.

Discrimination Discrimination means treating individuals differently from other similarly situated individuals at the School, by taking an adverse action against or denying a benefit to that individual, because of the individual’s actual or perceived protected classification, or the protected classification or perceived protected classification of a person with whom the individual associates.

Harassment Harassment means words or conduct undertaken because of an individual’s actual or perceived protected classification, or association with an individual who has an actual or perceived protected classification, which are both objectively and subjectively offensive to another person. Harassment is not limited to conduct by School employees. Under certain circumstances, harassment can also include conduct by students, or individuals with whom the School has a business, contractual, or professional relationship, such as parents, legal guardians, unpaid interns, volunteers, independent contractors, or vendors. Harassment may include, but is not limited to, the following types of behavior engaged in because of a person’s protected classification: •

Speech: This includes epithets (nicknames and slang terms), derogatory or suggestive comments, propositioning, jokes or slurs, including graphic verbal commentaries about an individual’s body, or that identify a person on the basis of their protected classification. This might include comments on appearance including dress or physical features, or dress consistent with gender identification, or race-oriented stories and jokes.

•

Visual acts: This includes derogatory posters, notices, bulletins, cartoons, drawings, sexually suggestive objects, or emails on the basis of a protected classification.

•

Physical acts: This includes assault, offensive touching, impeding or blocking movement, grabbing, patting, leering, making express or implied job-related threats or promises in return for submission to physical acts.

•

Sexual harassment: This is defined as unwelcome sexual advances, requests for sexual favors, and other conduct of a sexual nature where submission is made a term or condition of employment, where submission to or rejection of the conduct is used as the basis for employment decisions, or where the conduct is intended to or actually does unreasonably interfere with an individual’s work performance or create an intimidating, hostile, or offensive working environment. This may include conduct between members of the opposite or same gender and may also include conduct not motivated by sexual desire.

Guidelines for Identifying Harassment To help clarify what constitutes harassment in violation of this policy, use the following guidelines: P a g e 4 | 72 La Jolla Country Day School Employee Handbook January 2024 12318294.3 LA030-015

•

Harassment includes any conduct which would be “unwelcome” to an individual of the recipient’s same protected classification, and which is taken because of the recipient’s protected classification.

•

It is no defense that the recipient appears to have voluntarily “consented” to the conduct at issue. A recipient may not protest for many legitimate reasons, including not wishing to be or appear insubordinate or to avoid being ostracized or subjected to retaliation.

•

Simply because no one has complained about a joke, gesture, picture, physical contact, or comment does not mean the conduct is welcome. Harassment can evolve over time. The fact no one is complaining now does not preclude anyone from complaining if the conduct is repeated in the future.

•

Even visual, verbal, or physical conduct between two employees who appear to welcome the conduct can, depending on the circumstances, constitute harassment of another employee or individual who observes the conduct or learns about the conduct later. Conduct can constitute harassment even if it is not explicitly or specifically directed at a particular individual.

•

Conduct can constitute harassment in violation of this policy even if the individual engaging in the conduct has no intention to harass. Even well-intentioned conduct can violate this policy if the conduct is directed at, or implicates a protected classification, and if an individual of the recipient’s same protected classification would find it offensive (e.g., gifts, excessive attention, endearing nicknames).

•

The determination of what constitutes harassment will depend on specific facts and the context in which the conduct occurs.

Retaliation Retaliation means an adverse action taken because an applicant, employee, student, contractor, unpaid intern, or volunteer has reported harassment or discrimination, or has participated in the complaint and investigation process described herein. An “adverse action” may include, but is not limited to, the following actions: (1) disciplinary action; (2) counseling; (3) taking sides because an individual has reported harassment or discrimination; (4) spreading rumors about a complainant or about someone who supports or assists the complainant or who participates in the investigation; (5) shunning or avoiding an individual who reports harassment or discrimination; or (6) making real or implied threats of intimidation to prevent or deter an individual from reporting harassment or discrimination.

b. Process for Reporting Harassment, Discrimination, or Retaliation An applicant, employee, board member, student, contractor, unpaid intern, or volunteer who experiences or witnesses conduct that is prohibited under this policy should report the conduct immediately as outlined below, so the complaint can be addressed in a timely manner. There is also a separate policy in the Family Handbook for students to refer to if they experience or witness conduct prohibited by this policy. In the event that the complaint is against the head of school, or involves a matter in which the head of school has a conflict of interest, the report must be directed to the board president: •

Oral Report – If a person believes this policy has been violated, they should report the conduct to their supervisor, the director of human resources, or any other supervisor, P a g e 5 | 72 La Jolla Country Day School Employee Handbook January 2024

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director, or other management employee of the School. Any supervisor, director or other management employee who receives such a report must in turn direct it to the head of school. •

Written Process – An individual who believes this policy has been violated may provide a written complaint to their supervisor, the director of human resources, or any other supervisor, director, or other management employee of the School. Any supervisor, director or other management employee who receives such a report must in turn direct it to the head of school.

•

Option to Report to Outside Administrative Agencies – Applicants, employees, contractors, unpaid interns, or volunteers have the option to report harassment, discrimination, or retaliation to the U.S. Equal Employment Opportunity Commission (“EEOC”) or the California Civil Rights Department (“CRD”). The EEOC can be reached at 1-800-669-4000 or at www.eeoc.gov. The CRD can be reached at 1-800-884-1684 or at https://calcivilrights.ca.gov/.

The School takes a proactive approach to potential policy violations and may conduct an investigation if its supervisory or management employees become aware that harassment, discrimination or retaliation occurred or may be occurring, regardless of whether the recipient or third party reports a potential violation.

c. School’s Response to Complaint of Harassment, Discrimination or Retaliation After receiving a complaint, or the School otherwise learns of an alleged potential violation of this policy, the head of school or their designee may request clarification and/or conduct an initial inquiry, to determine whether the oral report or written complaint alleges a potential violation of this policy. To request clarification and/or conduct an initial inquiry, the head of school or their designee may meet with the individual(s) who made the complaint and/or that was reportedly subjected to conduct that violates this policy. In the event that a complaint alleging a violation of this policy is either made against the head of school or involves a matter in which the head of school has a conflict of interest, the board president or their designee will take the place of the head of school for purposes of this section of the policy.

Investigation Procedure If a complaint alleges a potential violation of this policy, or the School otherwise learns of an alleged potential violation of this policy, the School will initiate an investigation. The investigation will be conducted by qualified personnel or a qualified outside investigator as determined in the sole discretion of the School. During the pendency of the investigation, the head of school or designee may take interim action as appropriate, such as placing the person alleged to have violated this policy (the “Respondent”) on paid administrative leave or temporarily transferring the Respondent. Generally, no interim action should be taken to change the working conditions of the individual(s) who made the oral report or written complaint and/or that was reportedly subjected to conduct that violates this policy, unless that individual voluntarily consents to the temporary change. The investigation will be conducted in a fair, timely, and thorough manner. The School will document and track the investigation for reasonable progress and timely closures. The P a g e 6 | 72 La Jolla Country Day School Employee Handbook January 2024 12318294.3 LA030-015

investigation will normally include interviews with the individual(s) who made the oral report or written complaint and/or who was reportedly subjected to conduct that violates this policy (“the Complainant”), the Respondent, and other persons believed to have relevant knowledge concerning the allegations. Witnesses will be advised that retaliation against those who report alleged harassment, discrimination, or retaliation, or who participate in the investigation is prohibited. The Respondent will be notified that a complaint has been made alleging that they have violated this policy. Whenever possible, the investigation will commence with an interview of the complaining party. Before the investigation is concluded, the Respondent will be informed of the general allegations made against them and be provided with an opportunity to respond to the allegations. Once the information gathering process is completed, the investigator will provide an investigative report containing the investigator’s findings of fact, which will be reasonable conclusions based on the evidence collected. The investigator will make findings based on a “preponderance of the evidence” standard. The report will be shared with school representatives who have a need to know the outcome.

Remedial and Disciplinary Action Once the investigation is complete, the School will determine if the conduct violates School policy and if so, the appropriate corrective action. Any employee or student determined to have violated this policy will be subject to disciplinary action, up to and including termination or expulsion. Disciplinary action may also be taken against any supervisor, director or other management employee who condones or ignores potential violations of this policy, or who otherwise fails to take appropriate action to enforce this policy. Because an individual with whom the School has business, contractual, or professional relationship, such as parents, legal guardians, unpaid interns, volunteers, independent contractors, or vendors are not employees of the School, the School may not be able to take corrective action in the same way or to the same extent that it can with respect to School employees or students. However, the School will make appropriate efforts to take corrective action for violations of this policy, or if appropriate, to cause others to take corrective action. Please be advised that an employee who engages in unlawful harassment may be personally liable for the harassment, regardless of whether the School knew or should have known of the conduct and/or failed to take appropriate corrective action. The School does not consider conduct in violation of this policy to be within the course and scope of employment or the direct consequence of the discharge of one’s duties at the School. Accordingly, to the extent permitted by law, the School reserves the right to refuse to provide a defense or pay legal fees and costs or to pay damages assessed against any employee based on conduct in violation of this policy.

Closure The investigation will be closed in a timely manner. At the conclusion of the investigation, the head of school, or their designee, will notify the Complainant or the individual that was reportedly subjected to conduct that violates this policy in general terms of the outcome of the investigation. If discipline is imposed, typically the level of discipline will not be communicated to the Complainant.

Confidentiality The School cannot keep oral reports or written complaints made under this policy completely confidential due to the need to investigate potential violations of this policy and take effective P a g e 7 | 72 La Jolla Country Day School Employee Handbook January 2024 12318294.3 LA030-015

remedial action, or to comply with other legal requirements. The School will, however, keep complaints made under this policy confidential to the greatest extent possible, disclosing such information only as necessary to investigate the complaint, take interim action, or take corrective action. The School will not disclose a completed investigation report except as it deems necessary to support a disciplinary action, report internally on an as needed basis, take remedial action, defend the School in administrative or legal proceedings, or to comply with the law or a court order.

d. Responsibilities of Employees, and Supervisory Employees Employees In order to establish and maintain a professional working environment, while at the same time prevent harassment, discrimination, and retaliation, employees are expected to: •

Set an example of acceptable conduct by not participating in or provoking behavior that violates this policy. Do not to be angry or insulted if an individual tells you that your behavior is offensive. People have different ethical values and standards and may be offended by behavior you think is proper. Tell the individual you did not realize your behavior was offensive, and immediately cease the conduct.

•

Report harassment, discrimination, or retaliation as quickly as possible, whether the employee is the target of the conduct or a witness.

•

Fully cooperate with the School’s investigation of complaints made or other alleged violations under this policy.

Supervisory Employees In addition to the responsibilities listed above, supervisors, directors, or any other supervisory or management employees, are responsible for the following: •

Implementing this policy by taking all complaints seriously and modeling behavior that is consistent with this policy. Directing all complaints to the head of school or, in the event the complaint is against the head of school, the board president.

•

Taking positive steps to eliminate any form of harassment, discrimination or retaliation observed or brought to their attention.

•

Taking positive steps to protect against retaliation through any action of intimidation, restraint, coercion, or discrimination, by any supervisor, director, or any other supervisory, management, or other employee.

•

Monitoring the work environment and taking appropriate action to stop potential policy violations.

•

Following up with those who have complained or were reportedly subjected to conduct that violates this policy, to confirm the conduct complained of has stopped.

•

Reporting potential violations of this policy of which they become aware, regardless of whether a report has been made or a complaint has been formally submitted.

e. Mandatory Training The School requires that all of its supervisory employees receive at least (2) two hours of training on this policy and all other employees receive at least one (1) hour of training on this P a g e 8 | 72 La Jolla Country Day School Employee Handbook January 2024 12318294.3 LA030-015

policy. Employees will receive training on this policy within six (6) months of being hired, and then at least once every two (2) years. Temporary employees hired to work for less than six (6) months will receive training on this policy within thirty (30) calendar days after the hire date or within one hundred (100) hours worked, whichever occurs first. The School will schedule training sessions and attendance at the training will be documented. The Civil Rights Department provides free online training courses on preventing sexual harassment and abusive conduct in the workplace that are available at: https://calcivilrights.ca.gov/shpt.

f. Dissemination of Policy All employees shall receive a copy of this policy when they are hired. The policy may be updated from time to time and redistributed with a form for the employee to sign and return acknowledging that the employee has received, read, and understands this policy.

5. Lactation Accommodation The School will provide a reasonable amount of break time to accommodate any employee desiring to express breast milk for the employee’s infant child each time the employee has a need to express milk. The break time shall, if possible, run concurrently with any break time already provided to the employee. If a non-exempt employee takes lactation breaks at times other than their provided break times, then the lactation break shall be unpaid, or the employee may choose to use accrued leave. Those employees desiring to take a lactation break at times other than their provided break times must notify a supervisor prior to taking such a break. Breaks may be reasonably delayed if they would seriously disrupt operations. Once a lactation break has been approved, the break should not be interrupted except for emergency or exigent circumstances. The School will provide a room or other appropriate location to express milk in private, which will not be a bathroom, and which will be in close proximity to the employee’s work area, shielded from view and free from intrusion while being used for expressing milk. The room or location will also meet the following requirements: 1.

Be safe, clean, and free of hazardous materials;

2. Contain a surface on which to place a breast pump and personal items; 3. Contain a place to sit; and 4. Have access to electricity or extension cords or charging stations, needed to operate an electric or battery-powered breast pump. The School will also provide a refrigerator, or other cooling device, suitable for storing milk in close proximity to the employee’s work area. Where a multipurpose room is used for lactation, among other uses, the use of the room for lactation shall take precedence over the other uses, but only for the time it is in use for lactation purposes. The School may designate a lactation location that is temporary, due to operational, financial, or space limitations. These temporary spaces must meet the requirements set forth above. The room or location may be the place where the employee normally works if it otherwise meets the requirements of this policy. P a g e 9 | 72 La Jolla Country Day School Employee Handbook January 2024 12318294.3 LA030-015

An employee using such a private area to express milk shall either secure the door or otherwise make it clear to others through signage that the area is occupied and should not be disturbed. All other employees should avoid interrupting an employee during an authorized break under this section, except to announce an emergency or other urgent circumstance. An employee may make a request for lactation accommodation, either orally or in writing, to their supervisor or the director of human resources. If the School is unable to provide the requested location for the purpose of expressing breast milk, the School will notify the employee in writing. The School encourages any employee who does not believe that the School is providing them with an appropriate lactation accommodation as required by state law to inform the School or their supervisor. In addition, an employee who does not believe that the School is providing them with an appropriate lactation accommodation as required by state law has the right to file a complaint with the California Division of Labor Standards Enforcement/Labor Commissioner.

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SECTION II: EMPLOYMENT STATUS, BENEFITS, AND GENERAL POLICIES 1. At-Will Employment The employment relationship between the School and its employees is “at-will, unless otherwise provided for in a written contract signed by the employee and the Head of School. This means that employment may be terminated with or without notice, and with or without cause, at any time by either the employee or the School. Additionally, the School reserves the right to change an employee’s position, title, job responsibilities, benefits, compensation level, or any other terms and conditions of employment at any time, within its sole discretion, with or without cause or notice. No employee has authority to modify this at-will employment policy or to make any agreement for employment other than “at-will” employment aside from the Head of School, and only then by written agreement signed by the Head of School and the employee. Any disputes arising out of or related to employment or termination of employment must be arbitrated in accordance with the arbitration agreement signed by the employee. Nothing in this employee handbook is intended to create or creates an employment agreement, express or implied. Nothing contained in this, or any other document provided to the employee is intended to be, nor should it be construed as a contract that employment or any benefit will be continued for any period of time. Salary figures provided to an employee in annual or bi-weekly terms are stated for the sake of convenience or to facilitate comparisons and are not intended and do not create an employment contract for any specific period of time. Nothing in this statement is intended to interfere with, restrain, or prevent concerted activity as protected by the National Labor Relations Act or other applicable law. Such activity includes employee communications regarding wages, hours, or other terms or conditions of employment.

2. Right to Revise This employee handbook contains the employment policies and practices of LJCDS in effect at the time of publication. All previously issued handbooks and any inconsistent policy statements are superseded by this handbook. LJCDS reserves the right to revise, modify, delete, or add to any and/or all policies, procedures, work rules, or benefits stated in this handbook or in any other document at any time and for any reason, except for the at will employment policy, which cannot be modified unless there is a written agreement signed by the Head of School and the employee. No oral statements or representations can in any way alter the provisions of this Handbook.

3. Categories of Employees a. Exempt and Non-Exempt Exempt employees are exempt from minimum wage and overtime laws. Exempt employees are paid on a salary basis and meet one or more of the duties test exemptions from overtime under applicable federal and state laws. Exempt employees may have to work hours beyond their normal schedule as work demands require and will not receive additional compensation for those hours. P a g e 11 | 72 La Jolla Country Day School Employee Handbook January 2024 12318294.3 LA030-015

Non-exempt employees are covered by minimum wage and overtime laws. Employees who fall within this category will be paid on an hourly basis for all time worked and are eligible for overtime pay and meal and rest breaks as required by state and federal law.

b. Temporary Employee Employees who work for a limited duration, typically arising out of special projects, abnormal workloads, absences, and emergencies, are temporary employees. Temporary employees include but are not limited to substitute teachers and seasonal coaches. An employee will not change from temporary status to another status unless specifically informed of the change in writing by the head of school or director of human resources, and confirmed in a written agreement signed by the head of school and the employee. Temporary employees are not eligible for school-sponsored benefits unless expressly specified in a written employment agreement signed by the employee and head of school or director of human resources, except to the extent required by law.

c. Regular Employee Faculty and staff who are not temporary employees are regular employees. Employment is at the mutual consent of the employee and the School and can be terminated at will, at any time, by the employee or the School.

d. Full-Time and Part-Time Employee A full-time employee is an employee who is scheduled to work 40 hours per work week, or is designated as 100% FTE. A part-time employee is an employee who is scheduled to work less than 40 hours per week, or is designated as less than 100% FTE.

e. Faculty Members A faculty member is an individual who works toward the education of students, as defined by the School’s administration.

f. Staff Members All employees who are not faculty are staff members. Staff members support the faculty or the School in administration, operations, development, educational support, and other functions.

g. Benefits Eligible Employee A regular faculty member who is regularly scheduled to work at least 25.2 hours a week (63% FTE) or a regular staff member, other than a bus driver, who is regularly scheduled to work at least 19.2 hours a week (48% FTE) is considered a benefits eligible employee. A bus driver who is regularly scheduled to work at least 5 hours per day is considered a benefits eligible employee.

4. Timekeeping All non-exempt employees must maintain complete and accurate timekeeping records. Nonexempt employees must record their own time at the start and at the end of each work period, including the starting and ending times of each lunch break and any personal time taken during the workday. All non-exempt employees are required to record their work time as follows:

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Non-exempt employees must start recording their time before starting any work. Nonexempt employees are requested not to begin to perform any work more than five (5) minutes prior to the start of the employee’s work shift. Employees will be paid for all time worked but may be disciplined for repeatedly working in excess of shift time without advance authorization.

•

The beginning and end of meal periods.

•

Non-exempt employees may not complete their time recording for the day until after they have completed all work. Employees are requested to cease working for the day not more than five (5) minutes after the end of the employee's work shift. Employees will be paid for all time worked but may be disciplined for repeatedly working in excess of shift time without advance written authorization.

Non-exempt employees are encouraged to perform all of their work while on campus, during the employee’s normal working day. However, non-exempt employees who perform any work at home or at any place other than the School, or who answer a call, text, email, or other work-related communication while otherwise off the clock, should record that time as working hours, or otherwise inform a supervisor so that the time may be paid. Employees are prohibited from working “off-the-clock,” and must record all time worked completely and accurately each day. If the timecard contains an error, it is the employee's responsibility to immediately notify their supervisor. All changes that need to be made to a timecard must be approved by a supervisor. Unless informed otherwise, the School has the right to assume that its employees’ timecards accurately reflect all time worked and that: (1) the employee has not performed any off-the-clock work; and (2) the employee was not required to work during a meal or rest period. Falsification of timecards is considered theft of School resources and may result in termination of employment.

5. Overtime Overtime pay is based upon hours worked. All overtime will be paid in full but must be authorized in writing in advance by a supervisor. The School provides compensation for all overtime hours worked by non-exempt employees as required by state and federal law. Non-exempt employees will be paid one-and-one-half (1.5) times their regular rate of pay for all hours worked over eight (8) in a workday, or over forty (40) in a workweek, or up to eight (8) on the seventh consecutive day of the workweek. Non-exempt employees will be paid double their regular rate of pay for all hours worked over twelve (12) in a workday, or over eight (8) on the seventh consecutive day of the workweek. Non-exempt employees must first receive written permission from their supervisor or the head of school to work overtime. On occasion, non-exempt employees may be required to work overtime. For purposes of payroll and overtime, the workweek is Sunday through Saturday, and the workday begins at 12:00 a.m. and ends at 11:59 p.m. Pay dates are the Friday following the end of a biweekly pay period. Exempt employees may have to work hours beyond their normal schedules as work demands require. No overtime compensation will be paid to exempt employees. Employees classified as exempt are paid on a “salary basis” and regularly receive a predetermined amount of compensation each pay period. Subject to the exceptions listed below, salaried employees will P a g e 13 | 72 La Jolla Country Day School Employee Handbook January 2024 12318294.3 LA030-015

receive their full salary for any workweek in which they perform any work, regardless of the number of days or hours worked. No deductions from salary may be made for time when work is not available, provided the salaried employee is ready, willing, and able to work. However, a salaried employee may not be paid for any workweek in which they perform no work, subject to School benefits programs and policies.

6. Meal and Rest Periods All non-exempt employees who work five (5) or more hours per day must take a (minimum) thirty (30) minute, unpaid, uninterrupted, duty-free meal period commencing no later than the end of the employee’s fifth (5th) hour of work. However, if the employee works less than six (6) hours, the meal period may be waived in writing and by mutual consent of the School and the employee. Employees working six (6) or more hours in a workday may not waive their first meal period. Employees working ten (10) or more hours per day must take a second thirty (30) minute, unpaid, uninterrupted, duty-free meal period commencing no later than the end of the tenth (10th) hour of work. However, if the employee works less than twelve (12) hours, the second meal period may be waived in writing and by mutual consent of the School and the employee provided the employee did not also waive the first meal period. Employees working twelve (12) or more hours may not waive their meal periods. Employees are relieved of all duty during the meal period and should not perform any work. Employees should use their meal period as their own and are permitted to leave the premises if desired. Non-exempt employees are entitled to and expected to take one (1) paid, uninterrupted, duty-free ten (10) minute rest break for each four (4) hours worked or major fraction of four (4) hours. It is the responsibility of each non-exempt employee each day to arrange for that break as close to the middle of each four (4) hour segment worked as possible. Rest periods may not be "saved" for the end of the day to permit an early departure or used to lengthen lunch. Rest periods are provided on employer-paid time. Employees should use their rest periods as their own and are permitted to leave the premises if desired. Number of Hours Worked

Number of Rest Breaks

Less than 3.5 Hours

3.5 - 6 Hours

6 - 10 Hours

10 - 14 Hours 1

It is the express policy of the School that you take these authorized and permitted meal and rest periods. Employees who wish to take an authorized rest or meal period and believe they are unable to do so, must speak with their supervisor who will ensure that they get a proper rest or meal period. While any missed, short, or late meal or missed or short break period will be compensated, it will also be considered a violation of School policy if an employee did not receive prior permission 1 Although not anticipated to ever occur, if a non-exempt employee works 14 or more hours, they should

speak with the director of human resources for more information about additional rest breaks.

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from their supervisor, unless they were unable to take a meal period or rest break due to circumstances beyond their control.

7. Salary Advances and Loans The School does not advance salaries or provide loans.

8. Benefits The School offers employee benefit programs for benefits eligible employees. Part-time employees are not entitled to benefits except as required by law. More detailed information regarding many of these benefits is contained in the current benefits guide, group insurance policies, and the School's official plan documents available on the ADP portal or in the Business Office. The School reserves the right to modify, rescind, or cancel any of the benefits. The School expects employees not to abuse their employment benefits. This can include but is not limited to time off, insurance, facilities, subscriptions, or other benefits our School offers.

a. COBRA and Cal-COBRA The Federal Consolidated Omnibus Budget Reconciliation Act (COBRA) provides the opportunity for an employee to extend their health care coverage, at their own cost, under certain circumstances after the employee has lost coverage due to separation from the job or other factors. Under COBRA, employees or their beneficiary pays the full cost of coverage at the School’s current group rate plus an administration fee of up to two percent (2%). Employees will receive a written notice describing rights granted under COBRA from the School’s COBRA administrator when they become eligible for coverage under the School’s health insurance plan. Cal-COBRA allows employees or their beneficiaries to continue health care coverage under the School’s medical plan for an additional eighteen (18) months after COBRA coverage is exhausted. Employees or their beneficiary pays the full cost of coverage at the School’s current group rate plus an administrative fee of up to ten percent (10%).

b. Retirement Plan Eligible employees may participate in the La Jolla Country Day School Defined Contribution Retirement Plan. Please review the Summary Plan Description for details.

9. Professional Growth In certain circumstances, the School reimburses employees for reasonable expenses associated with professional growth. Requests for professional growth must be submitted to the applicable supervisor/division head for approval.

10. Sabbatical The School may, in its sole and absolute discretion, offer a sabbatical for professional growth to a regular, full-time employee who has completed at least seven (7) consecutive years of employment at LJCDS. The following guidelines apply:

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After the seventh (7th) year at LJCDS, or any year thereafter, an employee may submit a written application for sabbatical to the head of school by January 15 for the following academic year.

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Selection for sabbatical is in the sole and absolute discretion of the School. The School will consider a variety of factors when approving an employee for the sabbatical program, including but not limited to performance, the School's needs, scheduling, the type of sabbatical leave, budgetary restrictions, and other conditions as determined by the department chair or division head.

•

Sabbatical salary is in the sole discretion of the School and shall not exceed one-half (1/2) of the employee's regular salary. In keeping with the pay schedule observed for employees at LJCDS, the sabbatical salary will be paid on regular pay days.

•

The individual on sabbatical is generally entitled to regular benefits and should expect regular payroll deductions as permitted by applicable plans. The individual is prohibited from performing any paid work for any entity while on sabbatical.

•

Persons on sabbatical shall maintain their seniority during and after the sabbatical year.

Should the employee not return at the end of the sabbatical leave, all sabbatical monies paid by LJCDS are to be repaid to the School within the following calendar year. Appropriate legal agreements shall be issued by the head of school and signed by the employee prior to payment of the sabbatical stipend.

11. Emeritus Program Emeritus is a title conferred by LJCDS for the purpose of recognizing the meritorious service of a faculty or staff member upon or after retirement. The employee would be retired from official duty, however, would retain an honorary title corresponding to that held immediately before retirement; in addition, they would be able to access the medical, dental, and vision group insurance benefits offered by the School for the first year of their participation in the Emeritus program. Emeritus status may be conferred upon an individual if that individual: (1) has completed at least ten (10) years of service to LJCDS, and (2) is adjudged by the head of school and/or presiding school official to have contributed to the development and/or advancement of the educational or administrative programs. This decision is completely discretionary. Employees granted Emeritus status shall, during their first (1st) year of participation in the Emeritus program: •

Continue to have access to School services and privileges (e.g., email/network access, library access, etc.),

•

Have their names listed in the School Directory,

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Be entitled to attend all appropriate social, athletic, and honorary functions, and receive appropriate School mailings, and

•

Be eligible for medical, dental, and vision group insurance coverage under the School’s current policies. P a g e 16 | 72 La Jolla Country Day School Employee Handbook January 2024

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The granting of Emeritus status is an honorary designation, which entails limited assigned duties and responsibilities as the employee transitions from a regular employee into this special classification. As an Emeritus employee, they are responsible for and committed to: •

Attendance at special campus events where regular and Emeritus staff is required to attend,

•

Attendance, when requested, at special alumni functions,

•

Occasional substitute teaching, as requested, and

•

Occasional LJCDS community projects or mentoring of faculty or staff, as requested.

Emeritus employees will be paid for any work that may be performed for the School while on Emeritus status, at the rate and as otherwise set forth in a written agreement between the School and the Emeritus employee.

12. Standard Hours of Work The standard workday for all non-exempt employees is eight (8) hours. However, in some situations, an employee may be asked to work different or additional hours by their supervisor; these hours must be reflected in their timecard and need to be approved by the supervisor in advance. Although exempt employees are not paid by the hour, they must dedicate enough time to perform their job in a satisfactory manner. With respect to faculty, this means being available a half-hour before the school day and an hour after the school day, to answer questions from students and parents/guardians as well as to interact with coworkers. All employees who leave campus for personal reasons prior to the end of the school day must sign-out at the division office and sign back in upon return, as well as obtain permission from their supervisors. During School breaks, office hours will be determined by the leadership team. Often these will be workdays for staff based on the needs of the School and individual departments as determined by the division/department leaders.

13. Attendance Attendance and punctuality are required and must be maintained for all school job roles to ensure the efficient operation of the School. Regular presence on campus is required for most roles at our School. On the rare occasion when employees are late, employees are required to notify a supervisor ahead of time. Employees who are going to be absent are expected to provide the School with as much notice as possible to minimize disruption to the School, the students, and other employees. Excessive absenteeism and/or tardiness will result in disciplinary action up to and including termination. Nothing about this policy prohibits employees from authorized use of protected leaves, such as sick leave.

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14. Nepotism Policy As with conflicts of interest, the question of whether a situation involves nepotism is largely a matter of judgment and appearances, in that the mere appearance of nepotism can have a negative impact on others. This appearance can occur when either close relatives or others with whom a supervisor has a close, personal relationship are involved in the workplace. LJCDS bases employment decisions solely on individual merit and job-related criteria. However, LJCDS retains the right to refuse to appoint a person to a position where their relationship to another employee has the potential to adversely affect supervision, negatively impact morale, or appear to be an actual or potential conflict of interest. Relatives may never be employed in a supervisory relationship to one another; in addition, the School will seek to avoid situations where even though two relatives may not be in a supervisory relationship, their work responsibilities are either close enough or influential enough with one another that there is the prospect of an appearance of a conflict for others. If a supervisor becomes involved in a consensual romantic relationship with an employee that the supervisor directly or indirectly manages or otherwise becomes a relative of an employee the supervisor directly or indirectly manages, that supervisor must promptly bring the relationship to the director of human resource’s attention for appropriate action. The School will make reasonable efforts to assign job duties so as to minimize problems of supervision, safety, security, or morale.

15. Personnel Records Any request for information from personnel files must be submitted to the director of human resources. Employees are authorized to review their personnel records consistent with applicable law. If an employee wishes to review their personnel file, the employee must make a request in writing to the director of human resources. Employees may obtain a form for making such a written request from the Business Office. Employees may designate a representative to conduct the inspection of the records or receive a copy of the records. However, any designated representative must be authorized by the employee in writing to inspect or receive a copy of the records. The School may take reasonable steps to verify the identity of any representative the employee has designated in writing to inspect or receive a copy of the employee’s personnel records. The personnel records may be made available to the employee either at the Business Office, or at a mutually agreeable location (with no loss of compensation to the employee for going to that location to inspect or copy records). The records will be made available no later than thirty (30) calendar days from the date the School receives the employee’s written request to inspect or copy the personnel records (unless the employee/representative and the School mutually agreed in writing to a date beyond thirty (30) calendar days but no later than thirty-five (35) calendar days from receipt of the written request). If an employee requests a copy of the contents of the employee’s file, the employee may be charged the actual cost of copying. Only the director of human resources is authorized to release information about current or former employees. Disclosure of personal information to outside sources is limited. However, LJCDS will cooperate with requests from authorized law enforcement, or local, state or federal agencies conducting official investigations and as legally required. Banks and all third-party entities must provide a signed release from the employee before the School releases any information.

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16. References All requests for references must be directed to the director of human resources. LJCDS will disclose only the dates of employment and the title of the last position held in response to requests for references unless the employee has provided a written consent and release form in an acceptable format to the School. If an employee provides such a written consent and release form, LJCDS will also provide a prospective employer with final salary or hourly pay. If specifically requested and authorized by the employee, the School may, in its sole discretion, provide letters of reference for departing employees if the employee has provided a written consent and release form in an acceptable format to the School. All requests for references must be directed to the director of human resources in writing; no telephone requests will be honored. No School employees are authorized to provide letters of reference without express authorization from the director of human resources. Any letters of reference drafted must be approved by the head of school, an assignee, or the director of human resources and a copy will be placed in the employee’s file.

17. Performance Reviews The School reserves the right, in its sole discretion, to evaluate the performance of any staff or faculty member at any time. The School also reserves the right, in its sole discretion, to meet with staff and faculty to discuss goals, performance issues, and any other issues related to job performance and to observe any staff or faculty member in the performance of their job. A performance review is typically considered as one factor in compensation decisions, including whether or not to increase, decrease, or make no change in an employee’s compensation.

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SECTION III: WORKPLACE CONDUCT AND EXPECTATIONS 1. Community Principals The LJCDS community thrives on partnerships built on a foundation of dignity, integrity, and honesty. As such, each member of the LJCDS community–including students, parents/guardians, faculty, administrators, staff, and volunteers–is committed to living out the values of the School. Mutual trust and support among all constituencies create an environment that allows every student to benefit from everything that LJCDS has to offer. •

All community members will work to foster an environment that values belonging, connection, compassion, and empathy.

•

All community members will behave with civility and respect, refrain from behavior that threatens the dignity of others, and assume good intentions.

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All community members will take responsibility for our own words and actions and make a commitment to apologize for and change hurtful behaviors.

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All community members will acknowledge that we have something to learn from others’ lived experiences and diverse perspectives.

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All community members have the right to physical and emotional safety; we will refrain from and discourage behaviors that threaten individual wellbeing and/or the health of the community.

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All community members have the right to expect that personal information will be handled with appropriate consideration and privacy.

2. Discipline and Conduct Violations Employees are expected to know and observe the School’s rules, policies, standards, and conduct expectations. Employees who fail to observe the School’s rules, policies, standards, and conduct expectations or otherwise maintain proper standards of conduct and meet expectations, may be subject to disciplinary action of whatever type, up to and including termination, as determined by the School, in its sole discretion. Consistent with the School’s at-will employment policy, the School reserves the right to terminate the employment of any employee, with or without cause, and with or without notice, at any time. Nothing in this policy regarding Discipline and Conduct Violations for employees alters the School’s at-will employment policy. Employees may be subject to discipline for violations of any of the School’s rules, policies, standards, or conduct expectations, including any of the below examples of general standards and expectations (which is not an exhaustive list): •

Failing to observe known or posted safety rules.

•

Insubordination.

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Communicating with anyone in the School community in a manner that is not consistent with the values of the School. P a g e 20 | 72 La Jolla Country Day School Employee Handbook January 2024

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Unauthorized use of the School’s time, materials, or equipment for personal or other activities not related to the School’s business.

•

Threatening or intimidating others, including using obscene, abusive, or threatening language.

•

Theft of the School’s property or resources.

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Any other conduct or behavior that the School, in its sole discretion, believes in good faith is not in the School’s best interests.

•

Any other conduct or behavior that violates the School’s policies.

Any questions regarding the School’s rules, policies, standards, and conduct expectations may be directed to the head of school.

3. Conflicts of Interest The School desires to avoid situations in which actual, potential, or apparent conflicts of interest may exist. Employees are expected to devote their full efforts, energies, and loyalty to the School. Due to the importance of this requirement, the School prohibits any outside employment, business activities, or personal relationships that create any actual, potential, or apparent conflict of interest. Examples of situations that violate this policy include: •

Financial Interests in Outside Companies and Organizations: A conflict of interest can arise if an employee or their family member has a financial interest in a company or organization with which the School does business. For example, an employee’s spouse may own or work for a business that provides goods or services to the School. This would not necessarily disqualify the spouse’s company from doing business with the School; however, the School would need to evaluate any transaction with that company or organization to determine whether the potential transaction is in the School’s best interests. Employees are required to inform the head of school promptly of any such financial interests to the extent that they might create an actual or potential conflict of interest. In the event that the head of school has a financial interest in a company or organization with which the School does business, the head of school is required to inform the board president.

•

Performing Any Paid Work for School Families: Employees are prohibited from performing any outside services – whether paid or unpaid – for a family of any enrolled student, unless otherwise approved in advance and in writing by the head of school. Outside services include but are not limited to tutoring, childcare, and individual lessons outside of school, such as music, art, or language lessons.

•

Outside Employment: The School strictly prohibits outside employment that: o

Conflicts with an employee’s work schedule, duties, and responsibilities with the School,

Creates a conflict of interest or is incompatible with an employee’s employment with the School,

Impairs or has a detrimental effect on an employee’s work performance with the School, P a g e 21 | 72 La Jolla Country Day School Employee Handbook January 2024

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Requires the employee to conduct work or related activities on the School’s property during the School’s working hours or using the School’s facilities and/or equipment, and

Directly or indirectly competes with the business or the interests of the School.

•

Personal Profit from Opportunities Obtained By Reason of Position with the School: Employees are prohibited from seeking, or personally profiting from, opportunities, or taking personal advantage of opportunities, which are obtained by reason of their position with the School. For example, asking students to purchase private goods or services from the employee or the employee’s family (e.g., purchasing Girl Scout cookies) is strictly prohibited.

•

Gifts: While flattering and well deserved, gifts from parents/guardians, vendors, or others related to School activity may create issues for our faculty, staff, and the School, such as the potential for a real or perceived conflict of interest, or the creation of inequities among departments, faculty, and staff. As a result, faculty and staff may not encourage gifts of any kind, nor may they receive gifts valued at over $100, from parents/guardians, vendors, and others related to School activity.

In certain circumstances, a very close personal relationship with a student or a student’s family may create a conflict of interest. In the School environment, it is not possible to identify all conflicts that may arise. If you have any questions as to whether a situation creates or might create an actual, potential, or apparent conflict of interest, speak with the director of human resources or the head of school. Violation of this policy may result in disciplinary action up to and including termination.

4. Workplace Ethics Policy LJCDS has high standards for all employees and an expectation that all faculty and staff will conduct themselves with honesty and integrity. The expectation of ethical practices in the workplace includes an obligation to further protect the School by reporting any observed or suspected wrongdoing. This policy statement encompasses any conduct in any way connected with the School, including but not limited to: theft; embezzlement; misappropriation of the School's property or of anyone else's property; submission of false claims for payment or reimbursement; accepting or offering a bribe or a kickback; falsification of any records or reports; deliberate action for one's personal gain to the detriment of the School; fraud or dishonesty; and aiding or concealing fraud or dishonesty by others. Employees with knowledge of wrongdoing must promptly report the information with as much detail as possible to any of the following: the audit committee chair, the chief financial officer, the head of school, the board chair, the finance committee chair, or the director of human resources. If the employee is not satisfied with the response of the individual to whom the incident was reported, the employee may promptly contact one or more of the others listed above. The School will investigate reports in a manner it deems reasonable and appropriate under the circumstances. The School prohibits retaliatory action or reprisals against anyone who reports or provides information in good faith under this policy. If the School determines that an employee has engaged in fraud, dishonesty, or other wrongdoing under this policy, the School will take appropriate action, up to and including termination of employment. P a g e 22 | 72 La Jolla Country Day School Employee Handbook January 2024 12318294.3 LA030-015

5. Requirement to Report Suspected Child Abuse The Child Abuse and Neglect Reporting Act (“CANRA” or the “Act”) (Pen. Code §§ 11164 – 11174.3) requires certain professionals who have a special working relationship with children to report reasonably suspected abuse or neglect to the proper authorities. All employees at the School must sign an acknowledgment that they have read and understand Penal Code section 11166 regarding the reporting of suspected child abuse and neglect. The School requires all of its mandated reporters, including certain volunteers, to undergo training.

a. Definitions “Designated Agencies” means any police department or sheriff’s department (not including a school district police or security department), the county probation department (if designated by the county to receive mandated reports), or the county welfare department. (Pen. Code §11165.9). “Mandated reporters” include, but are not limited to, the following: •

A teacher.

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An instructional aide.

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A teacher’s aide or teacher’s assistant employed by a public or private school.

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An administrative officer or supervisor of child welfare and attendance, or a certificated pupil personnel employee of a public or private school.

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An administrator of a public or private day camp.

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An administrator or employee of a public or private youth center, youth recreation program, or youth organization.

•

An administrator or employee of a public or private organization whose duties require direct contact and supervision of children.

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A clergy member, as specified in subdivision (d) of Section 11166. As used in this article, “clergy member” means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized denomination or organization.

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A licensee, an administrator, or an employee of a licensed community care or child day care facility.

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An athletic coach, athletic administrator, or athletic director employed by any public or private school that provides any combination of instruction for kindergarten, or grades 1 to 12, inclusive.

•

A person who is an administrator or presenter of, or a counselor in, a child abuse prevention program in a public or private school.

“Reasonable Suspicion” means a suspicion of child abuse or neglect where “it is objectively reasonable for a person to entertain such a suspicion, based upon facts that could cause a reasonable person in a like position, drawing, when appropriate on their training and experience, to suspect child abuse or neglect.” (Pen. Code § 11166(a)(1)). Reasonable suspicion does not require certainty. In other words, if an employee reasonably suspects child abuse or neglect, they must report. P a g e 23 | 72 La Jolla Country Day School Employee Handbook January 2024 12318294.3 LA030-015

Child abuse or neglect includes any of the following: •

Physical injury or death – inflicted by other than accidental means on a child (Pen. Code § 11165.6).

•

Sexual abuse – sexual assault and sexual exploitation, including child pornography and child prostitution (Pen. Code § 11165.1).

•

Severe or general neglect – must be reported if the perpetrator is a person responsible for the child’s welfare. It includes circumstances where the child is at substantial risk of suffering serious physical harm or illness. General neglect does not include a parent’s economic disadvantage.

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Unlawful corporal punishment or injury – means willfully inflicting any cruel or inhuman corporal punishment or injury resulting in a traumatic condition. (Pen. Code §11165.4).

•

Willful harming or injuring of a child, or the endangering of the person or health of a child – which includes willfully causing or permitting any child to suffer, or inflict thereon, unjustifiable physical pain or mental suffering, or willfully causing or permitting the person or health of the child to be endangered. (Pen. Code § 11165.3).

Examples of sexual abuse and sexual activity, which must be reported, include but are not limited to: •

Rape,

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Statutory rape where one party is under the age of 16 and the other is over age 21,

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Group rape,

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Incest,

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Sodomy,

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Lewd act on a child,

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Penetration by a foreign object,

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Oral copulation,

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Child molestation.

Examples of sexual exploitation, which must be reported include but are not limited to: •

Preparing, selling, or distributing matter depicting a minor engaged in obscene acts, including via the internet or electronic device,

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Coercing a child to engage in prostitution or coercing parental consent for a child to engage in prostitution,

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Depicting a child in or creating, developing, or trading photos of minors engaged in obscene sexual conduct.

Examples of neglect, which must be reported, include, but are not limited to, malnutrition, lack of physical hygiene, inadequate clothing, or lack of medical care under circumstances indicating harm or threatened harm to the child’s health or welfare. P a g e 24 | 72 La Jolla Country Day School Employee Handbook January 2024 12318294.3 LA030-015

b. Responsibility for Reporting Child Abuse Child abuse or neglect must be reported whenever a mandated reporter, in their professional capacity or within the scope of employment, has knowledge of or observes a child whom the mandated reporter knows, or reasonably suspects has been the victim of child abuse or neglect. (Pen. Code § 11166(a)). Abuse and neglect do not only occur outside school. Any abuse by a School employee, independent contractor, volunteer, or student violates School rules and must be reported as well. Mandated reporters each have an individual responsibility to report when they have reasonable suspicion of abuse or neglect of a child based on either information received from the child or another source, or if they observe the abuse or neglect firsthand. If the individual confers with a superior and a decision is made that the superior will file the report, one report is sufficient. However, if the superior disagrees, the individual with the original suspicion must report. If the mandated reporter “suspects” child abuse, the mandated reporter must make a report without delay. A mandated reporter who has knowledge of or who reasonably suspects that a child is suffering serious emotional damage or is at a substantial risk of suffering serious emotional damage, evidenced by states of being or behavior, including, but not limited to severe anxiety, depression, withdrawal, or untoward aggressive behavior toward self or others, may make a report to a designated agency. (Pen. Code § 11166.05). If a child reports acts of abuse to a School employee, it is not the employee’s responsibility to determine whether the claim is true. It must be reported as instructed in this policy and as required by law. As a matter of School policy, the School also requires employees to inform their supervisor, another member of the administration, or the director of human resources if the employee is aware of abuse, including abuse of a student by any employee or independent contractor, volunteer, or student of the School. Employees do not need to inform their supervisor, another member of the administration, or the director of human resources that they have made a mandated report about the abuse.

c. Procedure The mandated reporter reporting the abuse is responsible for filing the necessary reports. A mandated reporter must make an initial report by telephone to a designated agency immediately (or as soon as practically possible). The mandated reporter may call the Child Abuse Hotline at 1 (800) 344-6000 to report the incident, and should be ready to provide the following information: •

What type of abuse has occurred,

•

Who or what caused the abuse,

•

Whether the child is still in danger or is in need of medical care.

Within thirty-six (36) hours of receiving the information regarding the incident, the mandated reporter must prepare a written report on a Suspected Child Abuse Report, Department of Justice form SS 8572 and send it by fax or electronic transmission. The Child Abuse Hotline for San Diego County is: 858-560-2191. If there is a child endangerment situation, the mandated reporter should call the local police department under appropriate circumstances. P a g e 25 | 72 La Jolla Country Day School Employee Handbook January 2024 12318294.3 LA030-015

Mandated reporters are not legally required to notify the parent/guardian of a suspected victim that they are making a report and should typically not do so. Because reporters are not investigators, they lack the information to determine the potential involvement of the parent/guardian in the suspected abuse or neglect. Mandated reporters are required to give their names to the reporting agency. Non-mandated reporters may report anonymously. Child protective agencies are required to keep the mandated reporter’s name confidential, unless the mandated reporter consents to disclosure or a court orders the information be disclosed. Mandated reporters have civil and criminal immunity when making a report. (Pen. Code §11172). The School prohibits discipline, dismissal, retaliation, discrimination, or harassment for making an authorized mandated report of reasonably suspected child abuse or neglect. Mandated reporters may consult the School counselor or an administrator if they question whether the conditions they are observing constitute abuse, but the reporting obligation belongs to the individual who discovers or suspects abuse. Abuse must still be reported by telephone as quickly as possible. Mental or emotional abuse that does not rise to the level of unjustifiable mental suffering may, rather than must, be reported.

6. Attire LJCDS expects employees’ dress to be neat, clean, and appropriate for a learning environment. It should complement an environment that reflects self-respect, professionalism, and respect for the School community. Fridays are typically designated as a “Spirit Day,” and faculty and staff are encouraged to wear School colors and/or LJCDS-logoed clothing. LJCDS may provide certain items of logoed clothing at no cost to its employees. If there is a question about the appropriateness of the attire, employees should contact their supervisor or the director of human resources.

a. Special Dress On occasions when students are required to follow the special dress requirements, employees will also wear special dress. Special dress days that occur each year include Grandparents' and Special Friends' Day, promotion, award ceremonies, and (for Upper School only) the Cum Laude Assembly and graduation. Other special dress days will be announced during the school year. Appropriate attire for special dress days is outlined in the Family Handbook. Employees who need accommodations to any special dress requirements due to a disability or religious need should review the School’s Reasonable Accommodation or Religious Accommodation of Beliefs, Observances, and Practices policy or see the director of human resources.

7. Alcohol, Medications, Controlled or Unlawful Substances, and Smoking The School is committed to providing and maintaining a work environment that is safe and productive. To that end, LJCDS does not tolerate the possession, sale, or use of illegal drugs P a g e 26 | 72 La Jolla Country Day School Employee Handbook January 2024 12318294.3 LA030-015

(including, but not limited to marijuana) and alcohol and the improper possession, sale, or use of other controlled substances on campus or while engaged in work-related activities. Employees are required to report to work able to competently and safely perform their job duties, and shall at all times ensure that the employee’s off-duty uses of alcohol, medications, controlled or unlawful substances, even when prescribed for medical purposes and if lawfully being used under the laws of the State of California and authorized by a qualified medical professional, do not a) interfere with the employee’s School duties, the School’s business, or the School’s employees, students, families, vendors, and other business relationships, and b) pose a threat or danger to the employee, the School’s other employees, or any third parties. Alcohol may not be served while on duty, on campus, or at any School-sponsored event except with advance approval from the head of school. Employees are not permitted to consume, possess, serve, or be under the influence of alcohol on duty, on campus, or at any School-sponsored event, except with advance approval from the head of school. Even in those limited circumstances where the head of school provides such approval, it is all employees’ responsibility to use good judgment, behave in a professional manner, and to refrain from becoming intoxicated. Employees observed to be using, under the influence of, in possession of, or impaired by alcohol, medications, and controlled or unlawful substances on campus, or while performing duties for the School, may be subject to testing, and if determined to have violated the School’s policies, will be subject to discipline, up to and including termination. The School prohibits smoking/vaping on campus.

8. Philanthropic Gifts to the School Since 1926, LJCDS has been built on a tradition of philanthropy. Philanthropy is an essential source of revenue that bridges the gap between operational costs and tuition, and supports the School’s mission of intellectual exploration, personal growth, and social responsibility. Every member of the community, including parents, board of trustees, faculty, and staff, are asked to make LJCDS a giving priority. Opportunities to make a gift include: Country Day Fund (CDF): Bridging the gap between tuition and the cost of educating each student, these annual, unrestricted gifts support the School’s greatest needs and the distinguished programs that make our school exceptional. Blue Bash: The annual gala takes place in March and benefits Parents Association activities, Tuition Assistance and Faculty/Staff Professional Growth. Special Initiatives: Tuition Assistance, Wellness Program, Campaign, and other opportunities throughout the year. It is the responsibility of faculty and staff to inform the office of philanthropy when someone has offered to make a gift to the School, including restricted gifts to support athletic teams or facilities, the arts, or other areas on campus. The office of philanthropy will work in conjunction with the necessary parties to ensure a gift is solicited, accepted, and stewarded properly. No solicitation may be initiated, or a gift accepted without the prior involvement of the office of philanthropy. In some cases, additional leadership approval may be needed before the donation can be accepted. P a g e 27 | 72 La Jolla Country Day School Employee Handbook January 2024 12318294.3 LA030-015

9. Fundraising In a community where so much is asked of our families, faculty, and staff, it is important that the School oversees requests for support. Any School-sponsored fundraising or community service effort must be approved and coordinated through the offices of service learning and philanthropy.

10. Faculty & Staff Children It is important that the presence of employees' children does not detract from the professional atmosphere of the work environment, including classrooms and administrative offices. Employees may bring children who are not students of the School to work only in isolated and unusual circumstances and only with advance written supervisor approval.

11. Publicity & News Releases All news releases to the media are coordinated through the marketing and communications department. If a faculty or a class is doing something that might be considered newsworthy by the local media, please notify the director of marketing and communications. Faculty members are encouraged to submit story ideas, photographs, and information to the communications office for possible inclusion in School electronic and print communications.

12. News Media Guidelines Only those individuals who have been designated as contact persons and have received prior approval to speak on a matter by the head of school or the board president are authorized to speak to the media and provide information (including but not limited to pictures, videos, or other medium depicting LJCDS students or employees) on behalf of La Jolla Country Day School. In most cases, the head of school or director of marketing and communications (when authorized by the head of school or board president) will be the designated contact person for responding to inquiries from the media. Employees who are contacted by any television, newspaper, or other media organization or representative to speak about any LJCDS-related matter, are encouraged to refer the person the head of school and then notify the head of the school of the contact, but in no case are employees permitted to make any representations that they are speaking on behalf of LJCDS. No photographs or video on the LJCDS campus may be taken by or released to any agency for the purpose of leading a program or speaking to LJCDS students without the prior written approval by the head of school or the board president. Nothing within this policy shall be interpreted to abridge employee rights under the National Labor Relations Act or other similar law.

P a g e 28 | 72 La Jolla Country Day School Employee Handbook January 2024 12318294.3 LA030-015

SECTION IV: SAFETY AND OPERATIONS 1. Safety Please report any unsafe or hazardous conditions to your supervisor, director of human resources, or the head of school immediately. In compliance with California law, and to promote the concept of a safe workplace, the School maintains an injury and illness prevention program. The injury and illness prevention program is available for review by employees on our School website. In case of an accident involving a personal injury, regardless of how serious it may or may not seem, please notify the director of human resources, the director of security, and/or the head of school immediately. Employees who are injured on the job must report their injury to their supervisor and the director of human resources within 24 hours. If the injury requires medical attention, employees should let their supervisor know, and proceed to Concentra at 7590 Miramar Road in San Diego, CA 92126 (Tel: (858) 549-4255); if the injury is severe dial 911 or proceed to the nearest emergency room.

2. Security The School strives to maintain a safe workplace and educational environment for both students and employees. Faculty and staff should not leave students unattended while on campus. When employees are working alone after hours or on weekends, office doors must be kept locked. The School maintains surveillance cameras and roaming security personnel to ensure safety. The purposes of surveillance cameras on campus include, but are not limited to: •

Protection of individuals, including students, faculty, staff, parents/guardians, and visitors,

•

Protection of School-owned and/or operated property and buildings,

•

Verification of security alarms and access control systems,

•

Monitoring of common and public areas, including parking lots, pedestrian walks, gym, and public gathering locations, and

•

Investigation of incidents and complaints reported to the head of school, director of human resources, or another School administrator.

Surveillance video monitoring shall be limited to uses that do not violate reasonable expectations of privacy. Surveillance video will only be provided to law enforcement agencies who are conducting an investigation; any other requests for surveillance video will require a court-ordered subpoena.

3. Workplace Violence LJCDS is committed to providing a workplace that is free from acts of violence or threats of violence. In keeping with this commitment, LJCDS prohibits any employee from threatening or committing any act of violence in the workplace, while on duty, while on School premises, or on School-related business, or while operating any vehicle or equipment owned or leased by LJCDS. The workplace includes any location where School business is conducted, including vehicles and parking lots. This policy applies to all employees. P a g e 29 | 72 La Jolla Country Day School Employee Handbook January 2024 12318294.3 LA030-015

a. Prohibited Behavior Employees are prohibited from participating in or promoting acts of intimidation, violence, threats, coercion, assault and/or abusive behavior toward any person while in the course of their employment. The School has zero tolerance for any conduct that references workplace violence, even if it was intended to be harmless, humorous, a prank, blowing off steam, or venting.

b. Workplace Violence “Workplace violence” is defined as any conduct that causes an individual to reasonably fear for their personal safety or the safety of their family, friends, and/or property. Examples of workplace violence, which are prohibited, include, but are not limited to, the following: •

All threats or acts of violence occurring on School premises, regardless of the relationship between the School and the parties involved in the incident.

•

All threats or acts of violence occurring off School premises involving someone who is acting in the capacity of a representative of the School.

•

All threats or acts of violence occurring off School premises involving an employee if the threats or acts affect the legitimate interests of the School.

Specific examples of conduct, which may be considered threats or acts of violence include, but are not limited to, the following: •

Hitting or shoving an individual,

•

Threatening an individual or their family, friends, associates, or property with harm,

•

The intentional destruction or threat of destruction of School’s property,

•

Harassing or threatening phone calls or online communications,

•

Harassing surveillance or stalking whether in person or on social media,

•

The suggestion or intimation that violence is appropriate,

•

Unauthorized possession or inappropriate use of firearms or weapons.

c. Scope of Policy The School’s prohibition against threats and acts of violence applies to all persons involved in the School’s operation, including, but not limited to personnel, contract, temporary workers, students, parents/guardians, and anyone else on the School’s property. Violations of this Policy by any individual on the School’s property, by any individual acting as a representative of the School while on School’s property, or by any individual acting off of the School’s property when their actions affect the School’s business, educational, operational, and other interests will lead to disciplinary action (up to and including termination) and/or legal action as appropriate.

d. Reporting Incidents Every employee and every person on School property should report incidents of threats or acts of physical violence. The report should be made to the head of school, the reporting individual's immediate supervisor, or another supervisory employee if the immediate supervisor is not available. Nothing in this policy alters any other reporting obligation established in the School’s P a g e 30 | 72 La Jolla Country Day School Employee Handbook January 2024 12318294.3 LA030-015

policies or in state, federal, or other applicable laws. The School will see that reported violations of this policy are investigated as necessary. If there is an immediate threat to any employee’s health and/or safety, call 911 immediately.

4. Emergency Operations Plan In the event of a major disaster, such as fire or earthquake, or in the event of the need to evacuate or lock down the School, La Jolla Country Day School has a plan which promotes the safety and well-being of its students, faculty, and staff. The Emergency Operations Plan (EOP) is reviewed and updated annually to provide greater security for every member of our community according to the best practices of safety professionals. This plan enables the School to respond effectively and quickly in the event of an emergency. The EOP is an internal document that should be reviewed by every employee and may be downloaded from the Operations section of the employee portal. A summary is accessible along with drill instructions, maps, and emergency contact numbers in every classroom, the division offices, and main office.

5. Campus Access and Parking Entry gates to campus will open and close on a predetermined schedule throughout the year. The gate at the Genesee parking lot and gym lot off of Eastgate Mall will remain open during the academic day. Faculty and staff will receive a gate access card to open designated gates, as needed, to access parking lots. Gate cards are assigned to each individual, and employees may not lend their gate card to another person. It is the employee’s responsibility to report a lost or stolen gate card to security immediately. All faculty, staff, students, and parents/guardians must register for a vehicle permit to park on campus. Employees are to use only spaces not otherwise reserved and may not park in fire lanes. Security must be informed of overnight parking in advance. Prior to their arrival, scheduled visitors driving onto campus should be logged on the visitor log and will check in with the security guard at the Genesee gate. If needing to park, security will direct them to an open space. Keys to buildings, offices, classrooms, and other rooms on campus are distributed on an as-needed basis to employees. Upon the loss of a key due to theft, misplacement, or unspecific loss, it is the responsibility of the employee to inform operations and security immediately. Failure to do so may result in a security breach, which may lead to the loss of further School property. It is against School policy to lend a key, borrow another employee’s key, or make unauthorized copies of keys. A violation of this policy may result in revocation of facilities access or disciplinary action up to and including termination of employment. Students are not permitted to sit in the student’s own car or another student’s car on School property during the school day, at any time, except upon arrival and dismissal. Employees should report any abuse of driving privileges by students to the Upper School administration team.

6. Visitor Policy Direct all external visitors to the School receptionist or security guard shack in the Genesee parking lot. Please be aware of people loitering for no apparent reason and report any suspicious individuals or activities to Security at Ext. 200. P a g e 31 | 72 La Jolla Country Day School Employee Handbook January 2024 12318294.3 LA030-015

7. Inspection of Storage Areas The School provides offices, desks, cabinets, and other storage areas for employees' use and convenience during work. These storage areas, however, remain the sole property of the School, and employees have no expectation of privacy when storing personal items in School storage areas. The School reserves the right to open and inspect these School storage areas, as well as any contents, effects, or articles that are in the School storage areas. Such an inspection can occur at any time, with or without advance notice or consent. Personal items such as purses, briefcases, backpacks, or other closed personal items are excluded from this search policy, except in cases of reasonable suspicion. Prohibited materials, including weapons, explosives, alcohol and illegal drugs or medications, may not be brought onto campus. Perishable items should not be stored or left in desks or other storage areas for prolonged periods. Refusal to submit to or cooperate in these procedures will result in disciplinary action up to and including immediate termination.

8. Bicycles, Mopeds, Skateboards Motorcycles are forbidden in areas of the campus other than the parking lots. For the safety of pedestrians, wheeled backpacks, bicycles, or unicycles may not be ridden on the School's sidewalks; they should be walked to and from the parking lot areas. Once on campus, the bicycles or unicycles are to be properly locked and secured. To promote pedestrians’ safety, skateboards, scooters, inline skates, and roller shoes are not allowed on campus (whether or not they are ridden, used, etc.).

9. Animals on Campus LJCDS prohibits bringing a pet (a domestic animal kept for pleasure or companionship) to work or having a pet in LJCDS controlled buildings and premises, with the exception of: (1) animals that are on campus as part of the academic program that have been authorized in advance in writing by the head of school or designee, and (2) service animals or assistive animals for a person with disabilities consistent with the Americans with Disabilities Act (ADA) and/or Fair Employment and Housing Act (FEHA). Employees or applicants who would like to request the use of a service animal or assistive animal, at work as a reasonable accommodation should speak with the director of human resources and refer to the School’s Reasonable Accommodation policy.

P a g e 32 | 72 La Jolla Country Day School Employee Handbook January 2024 12318294.3 LA030-015

SECTION V: USE OF SCHOOL INFORMATION & TECHNOLOGY 1. Confidential Information It is the responsibility of all LJCDS employees to hold all personal and confidential employee, student, student family, volunteer, donor, alumnus, alumna, and School business information (referred to herein collectively as “Confidential Information”) in trust and confidence and in accordance with applicable law and School policy, and not to use, disclose, communicate, convey, or allow such Confidential Information to be used, disclosed, communicated, or conveyed, either directly or indirectly, except as may be necessary in the performance of their School duties. The law controlling the privacy of, access to, and maintenance of Confidential Information include, but are not limited to, the California Constitution, certain provisions of the California Education Code (and related regulations), the California Confidentiality of Medical Information Act, and federal and state trade secret laws, which generally apply whether the information is held in electronic or any other form, and whether the information is used or disclosed orally or in writing. Confidential Information includes, without limitation: •

Employee home address and telephone number; medical and health Information; birthdate; citizenship; social security number; private information related to a spouse, partner, or relative; income tax withholding data; banking or financial information; performance evaluations; and other personnel files/records;

•

Current and former student and alumni educational information; medical and health information; disability status or special needs; discipline records; and other non-public personal information;

•

Non-public personal information concerning student families including, but not limited to, social security numbers and banking or financial information;

•

Non-public personal information concerning volunteers;

•

Personal information about donors, and other affiliates or friends of the School (this does not include personal information about board members as it relates to an individual board member’s relationship to the School);

•

Lists of the School’s students, student families, or other constituents;

•

Employee assignments or projects that have been deemed confidential and have not been publicly disclosed by the School, including but not limited to, proprietary information of the School (this does not include an employee’s day-to-day assignments and job duties);

•

School information that has not been publicly published or released with the School’s authorization and is not otherwise protected by state and federal law, including but not limited to and financial information; and

•

The School’s proprietary information.

While employed and after termination of the employment relationship, employees must hold all Confidential Information in trust and confidence, and should not use, disclose, communicate, P a g e 33 | 72 La Jolla Country Day School Employee Handbook January 2024 12318294.3 LA030-015

convey, or allow this information to be used, disclosed, communicated, or conveyed, either directly or indirectly, except as may be necessary in the performance of employee’s duties. The unauthorized disclosure of Confidential Information could be highly damaging to the School. If an employee has any question about Confidential Information, including what constitutes Confidential Information, the employee should consult their supervisor or the head of school. Employees must also not allow any unauthorized person to inspect or have access to any Confidential Information, regardless of its media format, and should report any unauthorized access to their supervisor as soon as the employee becomes aware of it. Employees must not remove any Confidential Information, or records containing Confidential Information from the School, unless authorized to do so by a supervisor, and will return such records to the School upon request by their supervisor. This policy does not in any way prohibit employees from exercising protected rights, including the right to disclose or discuss terms and conditions of their employment, such as their wages and working conditions.

2. School Inventions/Intellectual Property All course materials, instructional aids, presentations, and other materials and inventions developed by employees within the scope and during the course of their employment are "works made for hire" under applicable law and are owned by the School ("School Inventions"). School Inventions do not include inventions that the employee developed entirely on the employee’s own time without using the School’s equipment, supplies, facilities, or trade secret information (except for those inventions that either relate to the School’s business or result from any work performed for the School). Employees must disclose to the School in writing any materials that have been developed prior to or outside of their employment with the School ("Employee Inventions").

3. Student Information and Records Employees must respect and protect the privacy of the School’s students and their families. Employees must not photograph students for unapproved purposes or use any photographs of students taken during the course of School-related activities for unapproved purposes. Employees must not publish, release, or use photographs, videos, or other images of any students of the School, including photographs, videos, or other images of students taken during the course of School related activities for unapproved purposes. Please contact the marketing and communications team to ensure that the pictures are approved for publication.

4. Acceptable Use of Technological Resources This policy applies to employee use of electronic communications resources owned or maintained by LJCDS. Electronic Communications Resources include, but are not limited to, internet access, the School email system and addresses, voice-mail, cellular telephones, pagers, personal digital assistants, smart phones, computers/laptops, telecommunications devices, video and audio equipment, wireless networks, data processing or storage systems, telecommunications equipment, transmission devices, computer systems, servers, networks, input/output and connecting devices, software, and documentation that supports electronic communications services ("Electronic Communications Resources").

a. Rules of Acceptable Use Electronic Communications Resources are provided by the School to facilitate the work of all employees, and must be used in compliance with applicable statutes, regulations, and School P a g e 34 | 72 La Jolla Country Day School Employee Handbook January 2024 12318294.3 LA030-015

policies, including those that require a work environment free from discrimination, harassment and retaliation. While the School allows personal use of its Electronic Communications Resources, personal use is secondary, and should not (i) interfere with any of School’s operations of Electronic Communications Resources; (ii) interfere with the user's employment or other obligations to the School, or (iii) burden the School with noticeable incremental costs. The School will not be responsible for any loss or damage incurred by an individual as a result of personal use of the School's Electronic Communications Resources. Employees will be held responsible for any virus, loss or damage to data or hardware as a result of their personal usage. Employees may be subject to disciplinary action for using the Electronic Communications Resources in a manner other than for the Electronic Communications Resources’ intended purposes, or in a manner that violates applicable laws, regulations, rules, and policies.

b. Use of Email The School email system is an official communication tool for all School business. All official School communications, including School employee email communication with students or their parents/guardians, will be via the employee’s assigned School email address unless prior written authorization has been obtained from a supervisor or the head of school.

c. No Employee Privacy Interest Employees should have no expectation of privacy in communications and interactions they conduct on School Electronic Communications Resources. The School reserves the right to monitor and inspect any and all use of School Electronic Communications Resources at any time and in its sole discretion. All communications transmitted via the School's Electronic Communications Resources, whether or not related to personal or confidential matters, are subject to this monitoring and inspection, at the sole discretion of the School. The existence of passwords "message delete" and browser “history delete” functions do not restrict or eliminate the School's ability or right to access electronic communications or data. Additionally, the School may be required to produce information transmitted or stored on its Electronic Communications Resources pursuant to a court order, subpoena, or as required by law.

d. Copyright and Licenses Any use of the School’s Electronic Communications Resources must respect, comply, and be used strictly in accordance with all licenses and copyrights to software, video, audio, still photo, text or other legally protected digital or other information.

e. Ownership All electronic information created by any employee using the School’s Electronic Communications Resources is the property of the School and remains the property of the School. Personal passwords may be used for purposes of security, but the use of a personal password does not affect the School’s ownership of the electronic information.

f. Prohibited Use Prohibited use of the School’s Electronic Communications Resources includes, but is not limited to: •

Violating any other policy or rule of the School, including the Use of Social Media policy. P a g e 35 | 72 La Jolla Country Day School Employee Handbook January 2024

12318294.3 LA030-015

•

Violating School policy prohibiting harassment, discrimination and retaliation, including by exposing others to material that could create an intimidating, offensive, or hostile work environment based on applicable protected classifications, as set forth in the School’s Harassment, Discrimination, and Retaliation Prevention Policy.

•

Engaging in unlawful conduct.

•

Intentionally misrepresenting one's identity.

•

Communicating confidential School information to unauthorized individuals within or outside of the School.

•

Attempting to access unauthorized data or break into any system of the School or outside system.

•

Engaging in theft or the unauthorized copying of electronic files or data.

•

Engaging in commercial activity or activity for financial gain, not under the auspices of the School without the express permission of the School.

•

Engaging in recreational use of the School's Electronic Communications Resources that, as determined by the head of school or designee, interferes with the ability of the employee or other users to conduct school/work duties or responsibilities. This prohibited recreational use includes but is not limited to downloading or uploading software, games, or shareware, or downloading and using instant messenger (“IM”) programs.

•

Establishing passwords for protected devices, files, or other data without registering the confidential password with the director of technology.

•

Performing acts that are wasteful of computing resources or that unfairly monopolize resources to the exclusion of others; these acts include but are not limited to sending mass mailings or chain letters and creating extremely burdensome network traffic.

•

Use of Electronic Communications Resources in violation of any other requirements set forth in this policy.

No employee may install or use anonymous email transmission programs or encryption of email communications, except as specifically authorized by the School. Also, employees should not use SMS, MMS, or peer to peer (i.e., Messaging through iPhone) or any other texting, picture or video communication with students except on School-issued devices with a record of the communication preserved unless prior written authorization has been obtained from the School to engage in such communication using personal devices. In the event that such authorization is obtained to use personal devices, all such communications with students must also copy their supervisor or another administrator. Employees may not communicate with students through messages or programs such as Snapchat that disappear after receipt. Use of the School’s Electronic Communication Resources for participation in “chat rooms,” instant messaging, blogs, social network gaming, or browsing social networking sites (such as Twitter, Instagram, Facebook, TikTok, LinkedIn, or any other similar sites) on campus using School equipment is acceptable for work related purposes only during work hours (though incidental personal use of these School Electronic Communication Resources outside work hours and during breaks is acceptable). P a g e 36 | 72 La Jolla Country Day School Employee Handbook January 2024 12318294.3 LA030-015

All computers in the School must have legal software on them. Commercial software applications require licensing. If a commercial application is installed on more than one computer, multiple licenses or a site license must be purchased. Anyone unsure of licensing should check with the director of technology before installing the software. Questions about access to electronic communications or issues relating to security should be addressed to the employee’s supervisor or the head of school. Prohibited use could lead to disciplinary action, up to and including termination of employment. The computer system, email, or network may not be used to disseminate, view, or store destructive code (e.g., viruses, trojan horse programs, etc.) or any other unauthorized materials. Users are responsible for complying with copyright law and applicable licenses that may apply to software, files, graphics, documents, messages, and other material they wish to download or copy. Computers, internet access, email, and voice mail systems may not be used in connection with the downloading, transmittal, access to, review, or dissemination of inappropriate materials of any kind, (a) including sexually-suggestive materials, pornographic, obscene or sexual images, graphics, or language, (b) unlicensed or unauthorized access to proprietary or copyrighted information of another individual or entity, or (c) material or language that violates the School’s Harassment, Discrimination, and Retaliation Policy or other School policies. Professional courtesy is required when using email or other means of communication. Employees should remember to write emails in the most professional and courteous way so that it may be read by anyone without it being considered offensive, distasteful, or unprofessional. Employees should also be considerate of who they “CC” or “BCC,” as other employees may not be involved or interested in the subject matter and may find being copied as disruptive. Employees must not waste the School’s Electronic Communication Resources or unfairly monopolize such resources to the exclusion of others. These acts include, but are not limited to, sending mass mailings or chain letters, spending excessive amounts of time on the internet, playing games, engaging in on-line chat groups, uploading, or downloading large files, accessing streaming audio and/or video files, or otherwise creating unnecessary loads on network traffic associated with non-school-related uses of the Internet.

5. Use of Social Media This policy applies to all employees in their use of social media regardless of whether the use is through devices and resources of the School or by any other means. LJCDS respects the rights of employees to use social media and social networking tools for school-related and personal purposes. Social media includes all means of communicating or posting information or content of any sort on the internet, including to an employee’s own or someone else’s blog, video channel, personal website, social networking or affinity web site, web bulletin board or a chat room, whether or not associated or affiliated with LJCDS, as well as any other form of electronic communication. Social media tools provide LJCDS employees and students with an opportunity to connect, communicate, and enhance learning. While social media tools can be a powerful and positive force, they must be employed with knowledge and care to protect students, employees, and the School. Employees must exercise prudence and care in setting appropriate boundaries between their professional and personal online behavior, which may include separating School-related and personal accounts. What is private in the digital world often has the possibility of becoming public, even without one’s P a g e 37 | 72 La Jolla Country Day School Employee Handbook January 2024 12318294.3 LA030-015

knowledge or consent. Employees must exercise good judgment and appropriate discretion, as adults are always modeling what appropriate behavior looks like for students. In general, employees should be respectful and kind when interacting online. Interacting online with students, parents/guardians, alumni, and each other is, in its essence, no different than interacting with these groups in person. Employees must exercise care to ensure that social media tools are used in ways that are age-appropriate, consistent with LJCDS’s mission, policies, and curricular goals, and in accordance with ethical practices. In addition, LJCDS employees must adhere to the following guidelines. Employees found in violation of these guidelines may be subject to disciplinary action, up to and including termination. It is important to note that often personal and professional lives blend and overlap, especially in the digital world. The guidelines below apply to both personal and school-related accounts, with additional guidelines outlined for school-related accounts. •

Employees are free to create or participate in non-School social media sites and other forms of online publishing and discussion, provided that such participation does not violate any School policies and does not interfere with an employee’s regular work duties.

•

The School encourages all employees to review the privacy settings on any social media site, including settings for what others can post on your account. Even with privacy settings, each and every person should assume that their social media content and information can be accessed by anyone on the internet.

•

The content of all employees’ social media accounts may not contain: o

Any reference to confidential or proprietary information of the School, students or their families, or employees, whether by name or implication,

Any reference or identification of LJCDS students, parents/guardians, employees, trustees, or other members of the School community without their express consent,

Any reference to School students, parents/guardians, employees, or trustees whether by name or implication, that would in any manner defame such individual,

Any material that in the sole discretion of the School is considered discriminatory, obscene, defamatory, derogatory, threatening, harassing, illegal, or abusive to any person or entity associated with the School,

Any material that does not comply with LJCDS’s Harassment, Discrimination, and Retaliation Prevention policy,

Photographs of classroom or student activities unless explicit written permission has been granted for this purpose. Employees may link or share content posted on the School’s social media platforms and website.

•

Employees are prohibited from using the School's logo, letterhead, trademarks, or any other of its intellectual property when communicating through social media without the express, advance written permission and approval of the head of school, and in accordance with any guidelines provided by the School.

•

Unless the request is a School approved online account for classroom purposes, employees must not initiate or accept social network “friend” requests (or other P a g e 38 | 72 La Jolla Country Day School Employee Handbook January 2024

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terminology) from current students. One exception to this policy is if the student is the employee’s own child or close relative. Employees shall use professional discretion when accepting friend requests from former students over the age of 18 but under no circumstances accept a friend request from former students under the age of 18. Recognize that many former students have online connections with current students (including younger siblings and underclass friends), and that information shared between recent alumni or former students may be viewed by current students as well. Any existing personal social network “friend” (or other terminology) relationships with current students must be terminated. •

Exclusive one-on-one interaction between employees and students where the employee uses a non-school sponsored electronic means is forbidden except for the use of texting for logistical matters or information delivery for school sponsored events or activities and only if in a group chat in which two or more employees are included.

•

Employees must exercise good judgment and professional discretion regarding content shared with current or former parents/guardians, co-workers, or other constituents when communicating via social networking tools.

•

Employees should never use social media for communications or interactions that could constitute immoral or unprofessional conduct as an educator or professional, or that may bear on the employee’s unfitness to serve as an educator or professional, for the School. Accordingly, employees should exercise caution and use good judgment with regard to all statements and comments made on social media.

•

The School respects the rights of employees to use social media for political action, opinions, social causes, and organizations, as long as the content does not contravene the School’s mission or violate policies in the employee handbook.

a. Specific Guidelines for the School’s Social Media Platforms LJCDS employees who wish to use social media for School purposes must seek written approval from the appropriate division head or the director of marketing and communications. If approved, the employee must create and maintain any accounts, profiles, or pages that are separate and distinct from the employee’s personal accounts, profiles, or pages. The account, profile, or page shall use the employee’s own name (not a nickname or pseudonym) and LJCDS contact information. If an account is setup for School-related use, the employee will be designated as the responsible party and must monitor all content. The division head and/or director of marketing and communications must be given login information for that account. To ensure age-appropriate access for students to academic materials, faculty should limit class activities to school-sanctioned online tools. The technology department or division head can aid with the development and use of School-sponsored social media tools, and the considerations that must be weighed before adopting a new tool. Employees are to monitor all posts to their network and act responsibly in removing any material that may be publicly accessed and/or inappropriate for the School's students, whether posted by the employee or someone else. Employees should limit their expression of personal opinions to their personal social media accounts (and not through the School’s social media account).

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Employees have no right or expectation of privacy when using the School’s online resources. The School reserves the right, in its sole discretion, to screen and remove any content the School deems inappropriate. The School also reserves the right to monitor activities and respond to communications, using the School’s online resources, that in any way mention or refer to the School or its students, services, employees, suppliers, vendors, or business partners. The School additionally reserves the right to remove posts containing links. Employees must report any take-down notifications and counter-notifications under the Digital Millennium Copyright Act (DMCA) the employee receives or becomes aware of to the director of technology. The same is true with respect to any demand to retract or correct erroneous statements or other errors. Use of social media may generate media inquiries about the School or its students. Unless the School has otherwise agreed in advance and in writing, media inquiries of any kind, whether from online (news engines, bloggers) or mainstream (newspapers, magazines) media outlets, must be referred to the School’s marketing and communications department. Employees should refer to the News Media Guidelines policy for information about speaking to the media. The marketing and communications department oversees and manages the creation of and content on official School social media accounts. Employees are welcome to share content from and engage with the School’s social media accounts on their own personal social media accounts.

6. Technology Support Requests for technology support or purchases should be sent to the technology Help Desk, Monday – Friday, 7:30 a.m. – 4:30 p.m. Email: techsupport@ljcds.org Voice mail: X 155 Only School-approved hardware/software will be supported; personal hardware and software will not be supported.

7. Mobile Devices The School will not be liable for the loss of personal cell phones or mobile devices at the workplace. The use of cell phones/mobile devices should be limited during working hours. In accordance with California laws, except in the case of an emergency, employees are required to use a hands-free device when using a cell phone (personal cell phone or company cell phone) while operating a motor vehicle on campus or for a School-related activity. Employees should only use cell phones while driving when it is safe and appropriate. Whenever feasible, employees should safely pull off the road to use a cell phone. Employees under the age of eighteen are prohibited from using a cell phone at any time while driving. Employees are prohibited from texting at any time while operating a vehicle on School business. Non-exempt employees using cell phones, whether personal or School-provided, for the performance of their duties, will be subject to the following policy:

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•

California law and LJCDS policy require that employees take uninterrupted, duty-free meal and rest periods. To that end, employees may not answer any work-related calls, texts, emails, or other messages during meal or rest periods.

•

If an employee receives a work-related call, text, email, or other message during a meal or rest period, the employee must clock back in or otherwise inform their supervisor (if on a rest period).

•

Should an employee receive a call, text, email, or other message outside of working hours (i.e., in the evenings or over the weekends), the employee should accurately record all time worked so that the employee may receive pay for that time.

Employees using personal mobile devices and internet connectivity to perform their job duties will be reimbursed for School-related expenses. Please contact the director of human resources for more details.

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SECTION VI: DAILY ROUTINE 1. School Hours The academic school year begins in July and ends in June. The academic day generally runs from 7:30 a.m. to 3:30 p.m., Monday – Friday. Typical office hours are 7:30 a.m. – 4:30 p.m., Monday – Friday. Precise hours and work schedules will be established before the start of the school year by the head of school, the respective division head, or immediate supervisor.

2. Events Outside of the Standard Academic Day Throughout the year, a variety of School-related events occur outside the hours of the standard academic day. We understand the additional time commitment these events entail and appreciate the dedication employees demonstrate in participating in these events. Employees will be informed in advance whether they will be scheduled to work during any of these school-related events, such as: •

Student registration, orientation, and back to school events

•

Community events (i.e., Parent Association meetings, Torrey Fest, Homecoming, Blue Bash, etc.)

•

Division-specific or Grade level-specific events (i.e., graduation, promotion, etc.)

•

Admission events (i.e., Open House, assessments, acceptance and new student celebrations, etc.)

•

Athletic events

•

Arts events

•

Alumni events

a. Specific to Non-Exempt Employees Non-exempt employees must record all work time in a timecard. If an event is optional, and employees may choose to attend the event as a guest/spectator, and any such attendance is not considered work time. However, if an employee is scheduled to work at an event outside of the academic day, this is considered work time, and it should be recorded accurately. When attending a professional growth or other work-related event, such as a conference or workshop, time spent attending the conference and travel to and from the employee’s home (if the professional growth event is not on campus) is considered work time and should be recorded in the timecard, and any associated expenses should be submitted for reimbursement. Personal time and activities, such as time spent sightseeing, sleeping, dining, etc., are not considered work or compensable expenses, and should not be recorded as work time or submitted for reimbursement. For non-exempt employees who are pursuing degrees and/or other credentials, time spent completing coursework is usually not considered work time. Although the School may reimburse all or a portion of the course fees, typically the course is not required by the School as part of employment and is considered optional. P a g e 42 | 72 La Jolla Country Day School Employee Handbook January 2024 12318294.3 LA030-015

3. Telephone Messages, Voice Mail, & Email Phone calls will be put through to faculty workrooms or appropriate voice mail boxes. Voice mail and email are to be checked regularly. Faculty members are responsible for reviewing information circulated by email and for personalizing their outgoing voice mail message. Employees do not have an expectation of privacy with respect to the School’s voice mail and email system. The School reserves the right to monitor employees' voice mail and email.

4. Mail Mailboxes are to be checked upon arrival to campus, and prior to faculty and staffs' departure at the end of the day. Any outgoing School mail will be picked up daily during normal postage service. The basket in the main mailroom in the Jacobs Family Library/Academic Center may be used for personal mail that has already been stamped. Any faculty or staff member who wishes to include something in a School mailing must obtain prior approval from the appropriate administrator.

5. Building & Maintenance Services Daily janitorial service will be provided for all areas of the campus from Monday through Friday. It is up to the faculty to ensure that classrooms are left in good order. Faculty are also responsible for asking students to pick up their trash from the classroom. To save something written on a whiteboard, please write the word "save" next to it. Whiteboards should not be washed or cleaned by anyone other than the janitorial staff. Water should not be used to clean the whiteboards because it damages the surface. Problems with the maintenance service should be reported in writing to operations@ljcds.org for corrective action. Do not contact the janitorial/maintenance personnel directly. Extensive cleaning is done during School breaks. Faculty are expected to have appropriate counters and areas clear and student desks ready to be moved during those periods. Where special projects have been arranged in the classroom, please try to arrange them so this special cleaning can occur without damage to the students' work. Unattended classrooms should never be left unlocked for extended periods. At the end of the school day, faculty are responsible for closing all windows, turning out all lights, turning off heat/air/fans and other electronics, and securing the doors of their classrooms. Because LJCDS's insurance company has limitations regarding personal property brought on campus, the School is not responsible for personal items brought into the classrooms.

6. Supplies, Purchasing & Reimbursement Procedures LJCDS maintains a stock of basic office supplies used on a regular basis by faculty and staff. A small stock of supplies may be kept in each division office/work room, and additional supplies may be picked up from the supply room outside of the Business Office when needed. Employees needing small office/classroom items not regularly stocked can email their request to purchasing@ljcds.org. Larger requests should be submitted using a purchase order. Purchase P a g e 43 | 72 La Jolla Country Day School Employee Handbook January 2024 12318294.3 LA030-015

order requests must be pre-approved, and requests are forwarded to the Business Office for final processing. Please allow ten (10) business days for processing. Unauthorized purchases will not be paid by the School. Please see the Business Office if you have any questions. Deliveries are accepted by the Business Office and will be delivered or stored for pick up. If you are expecting a delivery, please inform the Business Office by emailing purchasing@ljcds.org. If there are problems with orders when they are received, please notify the Business Office. All packing slips or invoices concerning orders employees have placed or received must be forwarded to the Business Office. On occasion, employees may need to purchase goods or services using their own money. Employees will be reimbursed for all reasonably necessary business expenses, and reimbursements are submitted through the online expense management system, Chrome River. If needed, employees may be issued a School credit card and will be responsible for substantiating all changes within thirty (30) days of the credit card statement date. Equipment and supplies are considered School property and may not be removed from campus for personal use. Business Office guidelines, reimbursement instructions, purchase order request forms, and supply order forms may be downloaded from the Employee Forms/Documents page of the employee resource board, or from the Resources/Forms Library page of the ADP portal.

7. Library The libraries are located in the Jacobs Family Library/Academic Center - Lower School on the ground floor and Middle/Upper School on the second floor. Libraries are typically open during office hours but may be adjusted as needed. All students, faculty, and staff have a library account automatically set up in our system. Through our web page, our online public access catalog (OPAC) is available for searching our collection. Additionally, the web page provides links to the School's online database subscriptions, reading lists, and author events.

8. Tutoring LJCDS offers a rigorous academic experience, and teachers are committed to providing support to our students. Teachers will generally be available for their students before and after school, and during free blocks. Specific office hours may be determined by division leaders and/or individual teachers, and teachers are also available by appointment. If a student appears to need tutoring outside of the assistance of their teacher, the teacher should inform the dean of students or division head, as well as the parents/guardians. If applicable, the director of the Learning Resource Center (LRC) will be notified, and an action plan may be developed for the student. Teachers may offer private tutoring services for additional compensation. The following guidelines outline the tutoring policy: •

Requests for tutoring will be managed through the Learning Resource Center.

•

Tutoring fees will be determined at the start of the academic year and will be billed through the Business Office. P a g e 44 | 72 La Jolla Country Day School Employee Handbook January 2024

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•

Teachers will be paid for all time spent performing tutoring services and should submit such time to the School to be paid.

•

It is the responsibility of the teacher to keep accurate records of their tutoring sessions and submit these records to the director of the LRC at the end of each month.

•

Tutoring will be performed before or after school.

•

Tutoring will be held on campus - in a classroom, the library, or a conference room.

•

To avoid a conflict of interest or the appearance of a conflict of interest, teachers may not serve as a private tutor for students currently enrolled in a class they are teaching or family members of those students. If you are uncertain about a potential conflict of interest, please consult with the head of school or director of human resources.

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SECTION VII: TIME OFF AND LEAVES OF ABSENCE 1. Holidays The School observes the following holidays: New Year’s Day

Labor Day

Martin Luther King, Jr. Day

Yom Kippur

President’s Day (two days in February)

Veterans’ Day

Memorial Day

Thanksgiving Day

Juneteenth

Christmas Day

Independence Day Full-time, regular staff members, and bus drivers, receive the holidays listed above with pay. The following general provisions apply to holidays: •

If a holiday falls during an employee’s approved vacation period, the employee will receive pay, and will not be charged for a vacation day on the day the holiday is observed.

•

Employees on an unpaid leave of absence for any reason are not eligible for pay on holidays that are observed during the period of time that they are on leave, except to the extent required by law.

•

Paid holidays where a non-exempt employee does not work will not count as hours worked for the calculation of overtime.

•

Employees entitled to paid holidays shall be paid for the number of hours the employee was scheduled to work had it not been a holiday.

2. Academic Break Periods There are no classes during the following academic breaks: •

Fall Break (one week in November)

•

Winter Break (two weeks in December/January)

•

Spring Break (two weeks in March/April)

Faculty are generally not required to be present at the School during academic break periods, though the head of school may require faculty to be present during these periods, if necessary, in the head of school’s sole discretion. Administrators and non-teaching, non-operational staff are required to work their normal hours during one of the five (5) weeks above (for a total of five (5) working days) and will receive their normal pay for the other four (4) weeks. If an administrator or non-teaching, non-operational staff does not work a total of five (5) working days during the five (5) weeks of academic breaks, they may use their accrued, unused vacation or personal time to maintain their pay. Scheduling during these breaks is at the discretion of the respective supervisor. The School's needs may necessitate variations from academic break periods. P a g e 46 | 72 La Jolla Country Day School Employee Handbook January 2024 12318294.3 LA030-015

Operational staff, based on the needs of the School, will be scheduled accordingly during academic break periods. These academic break periods are not vacation, do not accrue, do not carry over, and are not cashed out upon separation of employment. The exact dates of the closure periods are determined according to the School’s calendar. Part-time and temporary staff, and non-exempt faculty, do not receive academic break periods with pay.

a. Summer Months The exact dates of summer are determined according to the School’s calendar. Faculty are generally not required to be present at the School during the summer months, though the head of school may require faculty to be present, if necessary, at the head of school’s sole discretion. Full-time, regular staff members are expected to work their normal hours during the summer months and may use their accrued vacation, personal, and sick time as needed, and approved by their supervisor.

3. Vacation All employees eligible for vacation under this policy must record their vacation time away from work by using the School’s electronic timekeeping system. Employees will continue to accrue vacation time on School recognized paid holidays, on paid sick leave days, when an employee is using previously accrued vacation or personal time, or when an employee is otherwise on paid status. Employees on an unpaid leave of absence do not accrue vacation, unless required by state or federal law. Accrued, unused vacation time will be paid out to employees at their then-final rate of pay at the time of separation from employment.

a. Staff Full-time, regular staff members accrue vacation leave from the date of hire at the rate of ten (10) days per year, accrued pro-rata over each pay period. After every two (2) years of employment, full-time staff members’ accrual rate will increase by one (1) additional vacation day per year until the employee reaches an accrual rate of fifteen (15) vacation days per year. There is a cap, or maximum accrual, on vacation days of one and one half (1 ½) times the employee's annual vacation accrual. Once an employee reaches the cap, the employee will not accrue additional vacation until the employee has used sufficient vacation to fall below the cap. Part-time, regular staff members accrue vacation leave in a pro-rated amount based upon the accrual applicable to full-part-time employees. Vacations must be scheduled in advance and approved by the employee’s supervisor. Although efforts will be made to accommodate staff members' requests to take vacation at a specified time, department/division leaders and supervisors must consider the needs of the School and its students when evaluating vacation requests. For most departments, the summer months are the preferred period to take vacation. Each employee should check with their direct supervisor for more information.

b. Faculty Faculty are paid for those days designated in the School calendar as Fall, Winter, and Spring break, and therefore do not accrue and are not entitled to paid vacation unless expressly specified in a P a g e 48 | 72 La Jolla Country Day School Employee Handbook January 2024 12318294.3 LA030-015

faculty member’s written employment agreement. Because faculty are expected to be available during the time in which school is in session, they generally may not take vacation (even unpaid) during the academic school year or other times that conflict with their duties.

c. Academic Administrators and Senior Leadership Academic administrators and senior leadership accrue vacation and have maximum accrual amounts as set forth in their individual employment agreements, if applicable.

4. Sick Leave The School provides paid sick leave under the following terms and conditions set forth below. This policy is in compliance with the Healthy Workplace Healthy Family Act of 2014 (the “California Sick Leave Law”), the San Diego Earned Sick Leave Ordinance, and California’s Kin Care Law. All employees must record their time away from work by using the electronic timekeeping system.

a. Regular Full-time Employees Regular, full-time employees accrue up to ten (10) days per year of sick time, accrued pro-rata over each pay period, and are carried over from year to year, if unused; the most any employee may accrue is forty (40) cumulative days of sick time (320 hours). Part-time, regular employees accrue sick leave at a rate of one (1) hour for every thirty (30) hours worked. Unused sick leave is carried forward to the following year; the most sick leave a part-time employee may accrue is 80 hours of sick leave.

b. Temporary Employees Temporary employees will receive a lump sum of forty (40) hours of paid sick leave at the start of hire and at the start of every fiscal year thereafter. Unused sick leave is carried forward to the following year; the most a temporary employee may accrue is 80 hours of sick leave.

c. Sick Leave Eligibility/Uses An employee is permitted to use sick leave for the following reasons: •

For the employee’s own diagnosis, care, or treatment of an existing health condition or preventative care.

•

For the diagnosis, care, or treatment of an existing health condition or preventative care for an employee’s family member, including: o

Child (including a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis).

Spouse or Registered Domestic Partner.

Parent (including biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child).

Grandparent.

Grandchild.

Sibling. P a g e 49 | 72 La Jolla Country Day School Employee Handbook January 2024

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•

A designated person (which means a person identified by the employee at the time the employee requests paid sick days. An employee is limited to use of sick leave for one designated person per 12-month period).

To obtain any relief or services related to being a victim of domestic violence, sexual assault, or stalking including the following with appropriate certification of the need for such services: o

A temporary restraining order or restraining order.

Other injunctive relief to help ensure the health, safety or welfare of themselves or their children.

To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking.

To obtain services from a domestic violence shelter, program, victim services organization, or rape crisis center as a result of domestic violence, sexual assault, or stalking.

To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking.

To participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation.

To obtain legal services, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the domestic violence, sexual assault, or stalking.

•

When the employee’s childcare provider or school is closed due to a public health emergency.

•

Pursuant to the Bereavement Leave policy in this handbook.

•

Pursuant to the Reproductive Loss Leave policy in this handbook.

An employee shall provide reasonable advance notification of the need to use accrued sick leave to the employee’s supervisor if the need for sick leave use is foreseeable (e.g., doctor’s appointment scheduled in advance). If the need for sick leave use is unforeseeable, the employee shall provide notice of the need for the leave to their supervisor as soon as is practicable, but in no case will be required to provide more than seven (7) days in advance. An employee shall not be required to search for or find a replacement worker to cover for the employee when using paid sick leave. Sick days may not be substituted for vacation or personal time. Sick leave is intended to be used for the purposes stated above. A doctor’s written excuse may be required as permitted by law when an employee has used the greater of more than half of the sick leave an employee receives during a one (1) year period, OR more than forty (40) hours or five (5) consecutive days of sick leave during a one (1) year period. The School will not tolerate abuse or misuse of an employee’s sick leave. P a g e 50 | 72 La Jolla Country Day School Employee Handbook January 2024 12318294.3 LA030-015

Sick leave will not be considered hours worked for purposes of overtime calculation. An employee will not receive compensation for unused accrued paid sick leave upon termination, resignation, retirement, or other separation from employment with the School. No employee will receive pay in lieu of sick leave. If an employee separates from employment with the School and is re-hired by the School within one (1) year of the date of separation, previously accrued and unused sick leave hours shall be reinstated to the extent required by law.

5. Personal Time Full-time, regular faculty members and full-time, regular staff members accrue personal time as set forth in this policy. Personal time is accrued pro-rata over each pay period. There is a cap, or maximum accrual, on personal time of one and one-half (1½) times the employee's annual personal time accrual. Once an employee reaches the cap, the employee will not accrue additional personal time until the employee has used sufficient personal time to fall below the cap. Absent unusual circumstances, use of personal time must be scheduled in advance and approved by the respective supervisor. The School will attempt to accommodate employees’ requests and preferences for use of personal time; however, approvals will be subject to the School’s operational needs. All employees must record their personal time away from work by using the electronic timekeeping system. Employees will continue to accrue personal time whenever an employee is on paid status. If a paid legal holiday falls during the time an employee is on personal time, such holiday will not count as personal time. Employees on a leave of absence do not accrue personal time, unless required by state or federal law. Accrued, unused personal time will be paid out to employees at their then-final rate of pay at the time of separation from employment.

a. Faculty Full-time, regular faculty members accrue compensable personal time from the date of hire at the rate of three (3) days per year, accrued pro-rata over each pay period. Part-time, regular faculty accrue personal time in a pro-rated amount based upon their determined FTE.

b. Staff Full-time, regular staff members accrue compensable personal time from the date of hire at the rate of two (2) days per year, accrued pro-rata over each pay period. Part-time, regular staff accrue personal time in a pro-rated amount based upon their determined FTE.

6. Leaves of Absence The School offers employees leaves of absence in certain circumstances, some of which are identified below. The School does not guarantee that the position will remain available during or upon return from the employee's leave unless required by law. All leaves of absence are provided on an unpaid basis and benefits and benefit accrual, including vacation pay, are suspended unless otherwise required by law. Except where required by law, employees are responsible for paying any insurance premium, or COBRA payment, during a leave of absence. P a g e 51 | 72 La Jolla Country Day School Employee Handbook January 2024 12318294.3 LA030-015

Depending upon the nature of the leave, the School may require that the employee provide notice of the return date and submit a certification from a health care provider that the employee is cleared to return to work prior to the employee's return. If an employee fails for any reason to return to work promptly upon expiration of an approved leave of absence and has not obtained a duly authorized extension from the head of school prior to such expiration date, the employee will be considered to have voluntarily terminated employment. Employment will automatically terminate if an employee accepts other employment while on a leave of absence.

a. Bereavement Leave In the event of the death of an employee’s “family member,” employees may take five (5) workdays off for bereavement leave. The head of school may, in their sole discretion, approve more than five (5) days of bereavement leave for the death of an employee’s “family member,” and/or time off work (which is not bereavement leave under this policy) for the death of an individual other than a family member. Within an academic year, up to five (5) days of bereavement leave will be provided with pay, and any additional bereavement leave will be unpaid, unless an employee elects to use accrued personal time, vacation, or sick leave, as applicable. The leave must be completed within three (3) months of the death of the family member and is not required to be taken consecutively. If requested by the School, the employee must provide documentation of the family member’s death within thirty (30) days of the first day of leave. Documentation includes, but is not limited to, a death certificate, a published obituary, or written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or government agency. The School will maintain the confidentiality of any employee requesting bereavement leave. Any supporting documentation provided by employee will be treated as confidential and will only be disclosed on a need-to-know basis or as required by law. “Family Member” means the employee’s spouse, registered domestic partner, children (which includes a biological, adopted, or foster child, a stepchild, a legal ward, a child of a domestic partner, or a person to whom the employee stands in loco parentis) parent (which includes a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child), sibling (which means a person related to another person by blood, adoption, or affinity through a common legal or biological parent), grandchildren, and grandparents.

b. Reproductive Loss Leave The School provides eligible employees who have been employed at least thirty (30) calendar days, with reproductive loss leave, as set forth in this policy. Reproductive loss leave is available for a “Reproductive Loss Event,” which means the day or, for a multiple-day event, the final day of a failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction. The following definitions apply regarding a Reproductive Loss Event: P a g e 52 | 72 La Jolla Country Day School Employee Handbook January 2024 12318294.3 LA030-015

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“Failed adoption” means the dissolution or breach of an adoption agreement with the birth mother or legal guardian, or an adoption that is not finalized because it is contested by another party. This event applies to a person who would have been a parent of the adoptee if the adoption had been completed.

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“Failed surrogacy” means the dissolution or breach of a surrogacy agreement, or a failed embryo transfer to the surrogate. This event applies to a person who would have been a parent of a child born as a result of the surrogacy.

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“Miscarriage” means a miscarriage by a person, by the person’s current spouse or domestic partner, or by another individual if the person would have been a parent of a child born as a result of the pregnancy.

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“Stillbirth” means a stillbirth resulting from a person’s pregnancy, the pregnancy of a person’s current spouse or domestic partner, or another individual, if the person would have been a parent of a child born as a result of the pregnancy that ended in stillbirth.

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“Unsuccessful assisted reproduction” means an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure. This event applies to a person, the person’s current spouse or domestic partner, or another individual, if the person would have been a parent of a child born as a result of the pregnancy.

Leave may be taken for up to five (5) days per Reproductive Loss Event. The leave is not required to be taken consecutively, but must be completed within three (3) months of the Reproductive Loss Event, with the exception that if an employee is on California Family Rights Act leave, Pregnancy Disability Leave, or another leave protected by state and/or federal law at the time of or immediately following the Reproductive Loss Event, the employee may use their Reproductive Loss Leave within three (3) months of the end date of the other protected leave. If an employee experiences more than one (1) Reproductive Loss Event within a twelve (12) month period, the School will provide reproductive loss leave of up to twenty (20) days within a twelve (12) month period. Reproductive Loss Leave is unpaid, but employees may elect to use accrued paid leaves, such as sick leave, personal leave, or vacation, as applicable. The School will maintain the confidentiality of any employee requesting Reproductive Loss Leave, and the School will not disclose such information other than to internal personnel on a need to know basis, or as required by law.

c. Bone Marrow and Organ Donation Leave An employee is eligible for both paid and unpaid leave for organ or bone marrow donation if the employee has been employed by the School for at least a ninety (90) day period immediately preceding the commencement of leave. In order to receive a leave of absence for organ or bone marrow donation, the employee must provide written verification to the School that the employee is an organ or bone marrow donor and that there is a medical necessity for the donation. An employee is entitled to a paid leave of absence not exceeding thirty (30) business days in any one (1) year period for the purpose of donating their organ to another person. An employee who P a g e 53 | 72 La Jolla Country Day School Employee Handbook January 2024 12318294.3 LA030-015

donates bone marrow is entitled to a paid leave of absence not exceeding five (5) business days in any one-year period. As a condition of an employee’s initial receipt of paid organ donation and bone barrow leave, employees are required to use up to two (2) weeks of accrued paid leave for time off related to an organ donation and up to five (5) days of accrued paid leave for time off related to a bone marrow donation. In addition to these paid leaves, an eligible will be provided with an additional unpaid leave not to exceed thirty (30) business days in a one-year period for the purpose of donating the employee’s organ to another person. The leave for donating either an organ or bone marrow need not be taken all at once and may be taken in one or more periods. During an organ or bone marrow donor leave, an eligible employee will continue to accrue those benefits to which they were entitled before the leave began. Additionally, during the approved leave, the School will continue to make those benefit contributions, if any, that it was making on the employee’s behalf before the leave began. Bone marrow or organ donor leave shall not run concurrently with any leave under the federal Family Medical Leave Act or the California Family Rights Act.

d. Jury Duty and Court Appearance Leave Employees called to serve on jury duty will be given time off as required by law. Faculty are encouraged, however, to request a postponement of jury duty until summer. As proof of service, employees must turn in a Jury Attendance Certification form. The School also recognizes that employees may be called to witness duty as well. If an employee receives a witness summons, they should immediately bring it to their supervisor so that they can determine the date a required court appearance begins and the approximate date of service (if known). All full-time non-exempt employees will be paid their regular pay for the first five (5) days of jury duty or required court attendance. During those first five (5) days, any jury duty stipend must be given to the School. The School will consider additional leave an unpaid leave of absence unless the employee chooses to use accrued vacation or personal time for the absence. The time spent on jury duty is not work time for purposes of calculating overtime compensation. All exempt employees will continue to receive their normal salary while on jury duty or witness duty for any workweek in which they perform any work duties. The School will not deduct an exempt employee’s pay due for jury duty or witness duty unless the employee is absent for a full week and performs no work. Employees must provide reasonable advance notice to their supervisor of the need for time off for jury duty or witness duty and provide a copy of the notice or summons to their supervisor. Additionally, employees are expected to report to work for any portion of the workday that they are not actively required in court and to take any steps necessary to minimize the disruption of work.

e. Military Leave Military leave shall be granted in accordance with the provisions of state and federal law. An employee requesting leave for this purpose shall provide the head of school, whenever possible, P a g e 54 | 72 La Jolla Country Day School Employee Handbook January 2024 12318294.3 LA030-015

with a copy of the military orders specifying the dates, site and purpose of the activity or mission. Within the limits of such orders, the head of school or designee may determine when the leave is to be taken and may modify the employee’s work schedule to accommodate the request for leave.

f. Military Family Leave Any employee whose spouse or registered domestic partner is a member of the Armed Forces of the United States, including the National Guard or Reserves, will be provided an unpaid leave of up to ten (10) days while their spouse or registered domestic partner is on leave from deployment during a time of military conflict, provided the following conditions exist: •

The employee works an average of twenty (20) or more hours per week,

•

The military spouse or registered domestic partner has been deployed during a period of military conflict to an area designated as a combat theater or combat zone,

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The employee provides notice of the request for leave within two (2) business days of receiving official notice that their spouse will be on leave from deployment, and

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The employee submits written documentation that their spouse will be on leave from deployment during the period for which the employee is requesting leave.

Employees may use accrued vacation or personal time during a Military Family Leave. Employees may use accrued sick leave during a Military Family Leave if the leave otherwise qualifies for use of sick leave pursuant to the terms of the School’s sick leave policy.

g. Victim of Crime Leave An employee who is a victim of a crime may take time off to appear in court or attend a judicial proceeding to comply with a subpoena or other court order as a witness. Employees needing time off for this purpose should follow the School’s separate policy on witness leave and court appearances. The time off is unpaid, but employees may use their vacation or personal time. In addition, victims of certain enumerated crimes, or family members of victims of certain enumerated crimes in California are entitled to leave as set forth in this policy. The School will maintain the confidentiality of an employee requesting leave under this policy to the extent allowed by law and consistent with its obligations to protect the employee’s safety in the workplace.

Leave to Attend Court Proceedings Related to Vehicular Manslaughter While Intoxicated, Child and Elder Abuse, Sexual Abuse, and Other Serious Crimes (Labor Code §230.5): An employee who is a victim of a crime listed in Labor Code Section 230.5 may take leave from work to appear in court to be heard at any proceeding in which a right of the victim is at issue, if the employee provides the School with reasonable advance notice. An employee who is the spouse, parent, child, sibling, or guardian of such a crime victim is also entitled to leave from work to attend judicial proceedings relating to that crime. When advance notice of the need for leave is not feasible and an unscheduled absence occurs, the employee must provide the School with certification within a reasonable time after the leave is taken. Any of the following forms of certification is sufficient if it demonstrates that the employee (or family member as described above) was a victim of any of the crimes listed in Labor Code Section 230.5, or appeared in court or sought treatment in connection with such crimes: a police report; a protection court order/other evidence from the court or district attorney; or documentation P a g e 55 | 72 La Jolla Country Day School Employee Handbook January 2024 12318294.3 LA030-015

from a health care provider, victim advocate or counselor. The leave is unpaid unless the employee elects to use accrued vacation or personal time.

Leave to Attend Court Proceedings Related to a Serious or Violent Felony, or a Felony Involving Theft or Embezzlement: An employee who is a victim of a crime that is a serious or violent felony, or a felony involving theft or embezzlement as listed in Labor Code Section 230.2 may be absent from work in order to attend judicial proceedings related to that crime. An immediate family member of a victim (a spouse, child/stepchild, sibling/stepsibling, or parent/guardian/stepparent), a registered domestic partner of a victim, or the child of a registered domestic partner of a victim may also take leave from work to attend such judicial proceedings. Before an employee may be absent from work, the employee is required to give the School a copy of the notice of each scheduled proceeding that is provided to the victim by the agency responsible for providing notice, unless advance notice is not feasible. When advance notice is not feasible or an unscheduled absence occurs, within a reasonable time after the absence, the employee is required to provide the School with documentation evidencing the judicial proceeding from any of the following entities: 1) The court or government agency setting the hearing; 2) the district attorney or prosecuting attorney’s office; or 3) the victim/witness office that is advocating on behalf of the victim. The leave is unpaid unless the employee elects to use accrued vacation, personal time, or sick leave.

Leave for Victims of Domestic Violence, Sexual Assault, Stalking, and Other Crimes Resulting in Mental and Physical Injuries: The School will provide time off to an employee who has been the victim of domestic violence, sexual assault or stalking, a crime that caused physical or mental injury, or that caused mental injury and a threat of physical injury, for purposes of obtaining relief, as defined by this policy. The School will additionally provide time off for purposes set forth in this policy to an employee whose immediate family member died as the direct result of a crime. Relief includes, but is not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the victim or their child. “Immediate family member” as defined by this policy means a person who is any of the following: •

Regardless of age, a biological, adopted, or foster child, stepchild, or legal ward, a child of a domestic partner, a child to whom the employee stands in loco parentis, or a person to whom the employee stood in loco parentis when the person was a minor.

•

A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or an employee’s spouse or domestic partner, or a person who stood in loco parentis when the employee or the employee’s spouse or domestic partner was a minor child.

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A person to whom the employee is legally married under the laws of any state, or a domestic partner of an employee as registered under the laws of any state or political subdivision.

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A biological, foster, or adoptive sibling, a stepsibling, or a half-sibling. P a g e 56 | 72 La Jolla Country Day School Employee Handbook January 2024

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Any other individual whose close association with the employee is the equivalent of a family relationship.

In addition, employees may be provided with time off for the following purposes: •

To seek medical attention for injuries caused by the crime or abuse.

•

To obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of the crime or abuse.

•

To obtain psychological counseling or mental health services related to an experience of crime or abuse.

•

To participate in safety planning and take other actions to increase safety from future crime or abuse, including temporary or permanent relocation.

The School requires reasonable advance notice of the leave when feasible. When an unscheduled absence occurs, the employee must provide the School with certification within a reasonable time after the leave is taken. Any of the following forms of certification is sufficient if it demonstrates that the employee was a victim of domestic violence/sexual assault/stalking, or that the employee appeared in court or sought treatment in connection with such crimes: a police report; a court order protecting or separating the employee from the perpetrator of the crime or abuse, or other evidence from the court or prosecuting attorney that the employee has appeared in court; documentation from a health care provider, victim advocate or counselor that the employee was undergoing treatment or receiving services for physical or mental injuries or abuse resulting in victimization from the crime or abuse; or any other form of documentation that reasonably verifies that the crime or abuse occurred, including but not limited to, a written statement signed by the employee, or an individual acting on the employee’s behalf. This leave is unpaid unless the employee elects to use accrued vacation or personal time, or the leave otherwise qualifies for use of sick leave under the School’s separate paid sick leave policy. Employees are entitled to use sick leave to obtain relief or services related to being a victim of domestic violence, sexual assault, or stalking, as is set forth in the School’s paid sick leave policy. The School will also provide reasonable accommodations for a victim of domestic violence, sexual assault, or stalking, who requests an accommodation for the safety of the victim while at work. Reasonable accommodations may include the implementation of safety measures, including a transfer, reassignment, modified schedule, changed work telephone, changed work station, installed lock, assistance in documenting domestic violence, sexual assault, stalking, or other crime that occurs in the workplace, an implemented safety procedure, or another adjustment to a job structure, workplace facility, or work requirement in response to domestic violence, sexual assault, stalking, or other crime, or referral to a victim assistance organization. Leave for injuries resulting from domestic violence, sexual assault, stalking, a crime that has caused physical or mental injury or mental injury and a threat of physical injury will run concurrently with FMLA/CFRA to the extent the injuries qualify for a serious health condition.

h. Voting Leave The School urges its employees to exercise their rights and fulfill their responsibility as citizens. Voting polls are open several hours before and after working hours. In the event an employee does P a g e 57 | 72 La Jolla Country Day School Employee Handbook January 2024 12318294.3 LA030-015

not have sufficient time outside of working hours to vote at a statewide election, two (2) hours of paid time off shall be granted for voting purposes upon notice to the employee’s immediate supervisor. Whenever possible, employees should provide their immediate supervisor at least two (2) working days’ notice that they know or have reason to believe that time off will be necessary to vote on election day.

i. Civil Air Patrol Leave An employee who has been employed for at least ninety (90) days who is a volunteer member of the California Wing of the civilian auxiliary of the United States Air Force, commonly known as the Civil Air Patrol, may take unpaid leave of a total of ten (10) days per calendar year to respond as duly authorized and directed to emergency operational missions of the Civil Air Patrol. Leave for a single emergency operational mission shall not exceed three (3) days unless an extension is authorized by the governmental entity in charge of the emergency operational mission and the extension of the leave is approved by the School. Employees are required to give as much notice as possible of the intended dates upon which the Civil Air Patrol leave will begin and end and provide certification from the proper Civil Air Patrol authority to verify their eligibility for the leave. The School may deny the leave if the employee fails to provide the required certification. An employee taking Civil Air Patrol leave shall not be required to exhaust all accrued vacation, personal, sick and disability leave, and any other leave that may be available to the employee in order to take Civil Air Patrol leave. The School will not discriminate against any member of the Civil Air Patrol because of such membership and will not hinder or prevent a member from performing service as part of the California Wing of the Civil Air Patrol during an emergency operational mission. Upon expiration of a Civil Air Patrol leave, the employee will be restored to the position held when the leave began or to a substantially similar position unless conditions unrelated to the leave would have resulted in termination or other alteration of employment terms.

j. Emergency Service Training Leave An employee who performs duty as a volunteer firefighter, a reserve peace officer, or as emergency rescue personnel may request to take a leave up to an aggregate of fourteen (14) days per calendar year for purposes of engaging in fire, law enforcement or emergency rescue training. Employees are requested to give as much notice as possible of the intended dates upon which the training will begin and end. An employee may request approval for emergency service training leave from their supervisor. The leave is unpaid; however, employees may use accrued vacation or personal time during this leave.

k. School Activities Leave An employee who is the parent, guardian, grandparent, stepparent, foster parent or person who stands in loco parentis to a child in kindergarten or grades 1 through 12, or in a licensed child day care facility, is eligible for up to forty (40) unpaid hours off per year for the purpose of finding, enrolling or re-enrolling their children in a school or with a licensed child care provider, participating in activities of the school or licensed child day care facility, and/or addressing a child care or school emergency. A child care or school emergency means an employee’s child cannot remain in a school or with a child care provider due to one of the following: P a g e 58 | 72 La Jolla Country Day School Employee Handbook January 2024 12318294.3 LA030-015

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When the school or child care provider has requested that the child be picked up, or has an attendance policy, excluding planned holidays, that prohibits the child from attending or requires the child to be picked up from the school or child care provider.

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Behavioral or discipline problems.

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Closure or unexpected unavailability of the school or child care provider, excluding planned holidays.

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A natural disaster, including, but not limited to, fire, earthquake, or flood.

The time off for school activity participation cannot exceed eight (8) hours in any calendar month, or a total of forty (40) hours each year. Employees must give as much reasonable advance notice to their supervisor of the planned absence as possible. If both parents are employed by School, the first employee to request such leave will receive the time off: the other parent will receive time off during the same period only if the leave is approved by their supervisor. Leave under this policy is unpaid, but the employee may utilize accrued vacation or personal time, if available, for this purpose. Employees may be asked to provide their supervisor with documentation from the School or child day care facility verifying that the employee participated in a school activity on the day of the absence for that purpose.

l. Suspension of Child Leave If an employee who is the parent or guardian of a child facing suspension from public school is summoned to the school to discuss the matter, the employee should alert their supervisor as soon as possible before leaving work. Leave under this policy is unpaid, but employees may use accrued vacation or personal time, if available, for this purpose.

m. Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA) The School provides Family Care and Medical Leave in accordance with the California Family Rights Act (“CFRA”) and the federal Family and Medical Leave Act of 1993 (“FMLA”) leave laws. This policy is supplemented by the federal Family and Medical Leave Act (“FMLA”) and the CFRA. Unless otherwise stated in this policy, any references to “Leave” means leave pursuant to the FMLA and CFRA. The School will run each employee’s FMLA and CFRA leaves concurrently, except when it would be impermissible to do so under the law. Due to the complexity of these laws, this policy statement is intended to serve as a summary and is not inclusive of all governing rules and procedures that apply. If an employee has any questions about the application of the policy, please contact the director of human resources for more information.

Definitions “12-Month Period” means a rolling twelve (12) month period measured backward from the date leave is taken and continuous with each additional leave day taken. “Single 12-month period” means a twelve (12) month period that begins on the first day the eligible employee takes FMLA/CFRA leave to take care of a covered service member and ends twelve (12) months after that date. “Child” means the following: P a g e 59 | 72 La Jolla Country Day School Employee Handbook January 2024 12318294.3 LA030-015

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Under the FMLA, “child” means a child under the age of 18 years of age, or 18 years of age or older, who is incapable of self-care because of a mental or physical disability. An employee’s child is one for whom the employee has actual day-to-day responsibility for care, and includes a biological, adopted, foster or stepchild. A child is “incapable of selfcare” if they require active assistance or supervision to provide daily self-care in three or more of the activities of daily living or instrumental activities of daily living, such as caring for grooming and hygiene, bathing, dressing, and eating, cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, or using telephones and directories.

•

Under the CFRA, “child” means a child, including a child who is 18 years of age or older, regardless of whether the child is capable of self-care. An employee’s child means a biological, adopted, foster, stepchild, legal ward, a child of a domestic partner, or a person to whom the employee stands in loco parentis (in place of a parent).

“Family member” for FMLA leave means an employee’s child, parent, and spouse. “Family member” for CFRA leave means an employee’s child, parent, spouse, domestic partner, grandchild, grandparent, sibling, or designated person. “Parent” means the biological, adoptive, step or foster parent of an employee or an individual who stood in loco parentis (in place of a parent) to an employee when the employee was a child. Under the CFRA only, this term also includes parents-in-law. “Spouse” means one (1) or two (2) persons to a marriage, regardless of the sex of the persons, and for purposes of CFRA leave, includes a registered domestic partner as defined below. “Domestic Partner,” is another adult with whom the employee has filed a Declaration of Domestic Partnership with the Secretary of State and who meets the criteria specified in California Family Code sections 297 and 299.2. A legal union formed in another state that is substantially equivalent to the California domestic partnership is also sufficient. “Grandparent” means a parent of the employee’s parent. “Grandchild” means a child of the employee’s child. “Sibling” means a person related to the employee by blood, adoption, or affinity through a common legal or biological parent. “Designated Person” means any individual related by blood or whose association with the employee is the equivalent of a family relationship. The designated person may be identified by the employee at the time the employee requests the leave. Employees are limited to one (1) designated person per 12-month period for CFRA leave. “Serious health condition” means an illness, injury impairment, or physical or mental condition that involves: •

Inpatient Care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity (i.e., inability to work or perform other regular daily activities due to the serious health condition, treatment involved or recovery therefrom), or any subsequent treatment in connection with such inpatient care; or

•

Continuing treatment by a health care provider: A serious health condition involving continuing treatment by a health care provider includes any one or more of the following: P a g e 60 | 72 La Jolla Country Day School Employee Handbook January 2024

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A period of incapacity (i.e., inability to work or perform other regular daily activities) due to a serious health condition of more than three (3) consecutive calendar days, and any subsequent treatment or period of incapacity relating to the same condition, that also involves:

Treatment two (2) or more times within thirty (30) days of the first day of incapacity, unless extenuating circumstances exist, by a health care provider, a nurse or by a provider of health care services (e.g., a physical therapist) under orders of, or on referral by, a health care provider. The first in-person treatment visit must take place within seven (7) days of the first day of incapacity; or

Treatment by a health care provider on at least one (1) occasion that must take place within seven (7) days of the first day of incapacity and results in a regimen of continuing treatment under the supervision of the health care provider. This includes for example, a course of prescription medication or therapy requiring special equipment to resolve or alleviate the health condition. If the medication is over the counter, and can be initiated without a visit to a health care provider, it does not constitute a regimen of continuing treatment.

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Any period of incapacity due to pregnancy or for prenatal care. (Note that pregnancy is a “serious health condition” under the FMLA only, but not under the CFRA. Under California law, an employee disabled by pregnancy is entitled to pregnancy disability leave.)

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Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which: o

Requires periodic visits (defined as at least twice a year) for treatment by a health care provider or by a nurse;

Continues over an extended period of time (including recurring episodes of a single underlying condition); and

May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy). Absences for such incapacity qualify for leave even if the absence lasts only one day.

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A period of incapacity that is permanent or long term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider.

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Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment.

“Health Care Provider” means: •

A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the State of California;

•

Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as P a g e 61 | 72 La Jolla Country Day School Employee Handbook January 2024

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demonstrated by X-ray to exist) authorized to practice in California and performing within the scope of their practice as defined under California State law; •

Nurse practitioners and nurse-midwives, clinical social workers and physician assistants who are authorized to practice under California law and who are performing within the scope of their practice as defined under California law;

•

Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts; and,

•

Any health care provider from whom an employer or group health plan’s benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits.

“Covered active-duty” means: (1) in the case of a member of a regular component of the Armed Forces, duty during deployment of the member with the Armed Forces to a foreign country; and (2) in the case of a member of the reserve component of the Armed Forces, duty during the deployment of members of the Armed Forces to a foreign country under a call or order to activeduty under certain specified provisions. “Covered Service member” means: (1) a current member of the Armed Forces (including a member of the National Guard or Reserves) who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness [incurred in the line of duty on active-duty]; or (2) a veteran who is undergoing medical treatment, recuperation or therapy, for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of five (5) years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy.

Eligibility An employee is eligible for leave if: •

The employee has been employed by the School for at least twelve (12) months; and

•

The employee has been employed by the School for at least 1,250 hours during the 12month period immediately preceding the commencement of the leave.

Permissible Uses of Family Care and Medical Leave Leave is only permitted for the reasons listed below. •

Leave because of a serious health condition that makes the employee unable to perform the functions of their position.

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Leave for the birth of a child or to care for a newborn of an employee.

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Leave for the placement of a child with an employee in connection with the adoption or foster care of a child.

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Leave to care for a child, parent or spouse who has a serious health condition. o

Under the CFRA only, leave is permitted to care for a domestic partner, grandparent, grandchild, sibling, parent-in-law, and designated person who has a serious health P a g e 62 | 72 La Jolla Country Day School Employee Handbook January 2024

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condition. Leave for this purpose does not apply to FMLA leave and will not run concurrently with leave under the FMLA. •

Under the CFRA only, leave for a variety of “qualifying exigencies” arising out of the fact that an employee’s domestic partner is on active-duty or call to active-duty status in the National Guard or Reserves in support of a contingency operation. Leave for this purpose does not apply to FMLA leave and will not run concurrently with leave under the FMLA.

•

Leave for a variety of “qualifying exigencies” arising out of the fact that an employee’s spouse, son, daughter, or parent is on covered active-duty or been notified of an impending call or order to covered active-duty in the Armed Forces. There are eight (8) general categories of “qualifying exigencies”: short-notice deployment, military events and related activities, childcare and school activities, financial and legal arrangements, counseling, rest and recuperation, post-deployment activities, additional activities, and parental care arrangements. (See 29 C.F.R. § 825.126(b)(1)-(9) for further information).

•

Leave to care for a spouse, son, daughter, parent, or “next of kin” who is a covered service member of the U.S. Armed Forces who has a serious injury or illness: incurred in the line of duty while on active military duty; or existed before the beginning of the member’s activeduty and was aggravated by service in the line of duty on active-duty in the Armed Forces. This unpaid leave can run up to twenty-six (26) weeks during a single 12-month period. The first twelve (12) weeks of this leave may run concurrently with the CFRA only if the family member that the employee is caring for has a serious health condition and is a family member covered under the CFRA.

Amount of Leave Eligible employees are entitled to a total of twelve (12) workweeks (or twenty-six (26) weeks to care for a covered service member) of leave during any 12-month period. If FMLA leave qualifies as both military caregiver leave and care for a family member with a serious health condition, the leave will be designated as military caregiver leave first.

Effect of Holidays and School Closures, Including Summer Break If a holiday observed by the School occurs within a week taken as FMLA or CFRA leave, the holiday has no effect on the amount of FMLA or CFRA leave taken and the entire week is still counted as a week of FMLA or CFRA leave. However, if the employee is using FMLA or CFRA leave in increments of less than one (1) week, the holiday will not count against the employee’s leave entitlement unless the employee was otherwise scheduled and expected to work during the holiday. If for some reason, the School’s activity has temporarily ceased and an employee is generally not expected to report for work for one (1) or more weeks (e.g., School closing for Winter break or Spring break), the days that the School’s activities have ceased do not count against the employee’s FMLA or CFRA leave entitlement.

Minimum Duration of Leave If leave is requested for the birth, adoption or foster care placement of a child of the employee, leave must be concluded within one (1) year of the birth or placement of the child. In addition, the basic minimum duration of such leave is two (2) weeks. However, an employee is entitled to leave P a g e 63 | 72 La Jolla Country Day School Employee Handbook January 2024 12318294.3 LA030-015

for one of these purposes (e.g., bonding with a newborn) for less than two (2) weeks duration on any two occasions. If leave is requested to care for a child, parent, spouse, domestic partner, grandparent, grandchild, sibling, designated person, or the employees themselves with a serious health condition, there is no minimum amount of leave that must be taken. However, compliance with the notice and medical certification provisions of this policy is required.

Intermittent Leave or Leave on a Reduced Schedule Under certain circumstances, leave may be taken intermittently or on a reduced leave schedule. “Intermittent leave” is leave taken in separate blocks of time due to a single qualifying reason, rather than for one (1) continuous period of time and may include leave of periods from an hour or more to several weeks. “Reduced leave schedule” means a leave schedule that reduces the employee’s usual number of hours per workweek or workday, usually from full- to part-time. Where leave is taken because of the birth or the placement of a child for adoption or foster care, a reduced leave schedule may only be taken if the School agrees. Employees may take intermittent leave because of the birth or the placement of a child for adoption or foster care in minimum increments of two (2) weeks duration, with the exception that an employee is entitled to leave for this purpose in periods that are less than two (2) weeks duration on any two (2) occasions. Where leave is taken to care for a sick family member, covered service member, or for the employee’s own serious health condition, intermittent leave or leave on a reduced leave schedule may be taken when “medically necessary” (e.g., weekly physical therapy treatments). The employee must provide medical certification that there is a medical need for leave (as distinguished from voluntary treatments and procedures) and such medical need can be accommodated best through an intermittent leave or reduced leave schedule. Employees needing such leave must make a reasonable effort to schedule their leave so as not to disrupt the School’s operations. If an employee needs intermittent leave or leave on a reduced leave schedule that is foreseeable based on planned medical treatment, the School may require the employee to transfer temporarily to an alternate position of equivalent pay and benefits during the period that the intermittent leave or reduced schedule leave is required. The School will not transfer employees who take unforeseeable intermittent leave. If an employee takes leave intermittently or on a reduced leave schedule, only the amount of leave actually taken may be counted towards the twelve (12) weeks of leave (or twenty-six (26) weeks for military caregiver leave) to which an employee is entitled. For example, if an employee takes one (1) day of leave per week, they have used one-fifth (1/5) of a week of FMLA leave. Similarly, if an employee who regularly works eight (8) hour days works four (4) hour days on a reduced leave schedule, the employee would use one-half (1/2) of a week of FMLA leave.

Spouses Both Employed by the School In any case in which both parents of a child, adoptee or foster child are employed by the School and are entitled to bonding leave, the aggregate number of workweeks of FMLA bonding leave to which both may be entitled may be limited to twelve (12) workweeks during any 12-month period. Each parent, however, is entitled to take twelve (12) workweeks of CFRA bonding leave during any 12-month period. P a g e 64 | 72 La Jolla Country Day School Employee Handbook January 2024 12318294.3 LA030-015

In any case in which both parents of a covered service member are employed by the School and are entitled to leave to care for a covered service member, the aggregate number of workweeks of FMLA leave to which both may be entitled is limited to twenty-six (26) workweeks during any 12month period if leave. Except as noted above, this limitation does not apply to any other type of leave under this policy.

Substitution of Paid Accrued Leaves and Leave’s Effect on Pay Although leave under this policy is unpaid, an employee may elect to use paid accrued leaves as described below: •

An employee may elect to use accrued paid vacation or personal time, if any, for all or part of any unpaid leave under this policy.

•

An employee may elect to use sick leave concurrently with leave under this policy if the leave is for the employee’s own serious health condition, or to care for a parent, spouse, child, grandparent, grandchild, sibling, domestic partner, or a designated person under the CFRA, with a serious health condition.

•

Where an employee both qualifies for FMLA and/or CFRA leave and is taking leave pursuant to the School’s temporary disability policy, the state disability benefit plan or worker’s compensation benefits, the School may not require substitution of paid leave. However, the employee and the School may mutually agree to have paid leave supplement the disability plan or worker’s compensation benefits.

Except to the extent that accrued paid leave is substituted for family care and medical leave, as set forth above, leave under this policy is unpaid. Upon becoming disabled, an employee should apply for State Disability Insurance (“SDI”). In addition, under the Paid Family Leave (“PFL”) law, employees who take time off from work to care for a seriously ill child, spouse, parent, domestic partner, grandparent, grandchild, or sibling, or to bond with a new child (entering their life either by birth, adoption, or foster care placement), may receive benefits through SDI. For more information, and to obtain claim forms, employees may speak with the director of human resources, visit any SDI office, or go to EDD’s website at www.edd.ca.gov. Any paid time used will be integrated so that the employee does not receive more than 100% of regular pay. Vacation, personal time, and sick leave are not earned during unpaid leaves. Employees who are eligible to accrue vacation or personal time only accrue vacation or personal when working or when receiving another form of paid leave earned through their work (for example, when using paid vacation, personal time, or sick leave), and then only for the portion of the paid leave earned through work. Employees on FMLA and/or CFRA leave who are generally not required to perform work over the summer break and receive paid time off during this period will continue to receive this paid time off, and the summer break will not count against the employee’s FMLA or CFRA entitlement. In addition, where there is a school break for a week or more and the employee is not otherwise required to work (such as Spring and Winter break), the time does not count against an employee’s CFRA leave entitlement. Further, employees who are using any accrued paid leave (vacation or P a g e 65 | 72 La Jolla Country Day School Employee Handbook January 2024 12318294.3 LA030-015

sick leave) prior to a paid school break are entitled to be paid during the School break the same as other employees who are not on CFRA leave during such period.

School’s Right to Require an Employee to Exhaust FMLA/CFRA Leave Concurrently with Other Leaves. If an employee takes a leave of absence for any reason, which also qualifies under the FMLA and/or CFRA, the School may designate that leave as running concurrently with the employee’s twelve (12) week FMLA and/or CFRA leave entitlement.

The School’s and Employee’s Rights if an Employee Requests Accrued Leave without Mentioning FMLA or CFRA If an employee requests to utilize accrued vacation leave or other accrued paid time off without reference to a FMLA/CFRA qualifying purpose, the School may not ask the employee if the leave is for a FMLA/CFRA qualifying purpose. However, if the School denies the employee’s leave request and the employee provides information that the requested time off is for a FMLA/CFRA qualifying purpose, the School may require the employee to exhaust accrued leave as described above.

Employee Benefits While on Leave a.

Group Health Insurance During Unpaid Leave

Leave under this policy is unpaid. While on unpaid leave, employees will continue to be covered by the School’s group health insurance (which includes health, dental and vision) for up to twelve (12) weeks each leave year to the same extent that coverage is provided while the employee is on the job. If the employee is disabled by pregnancy, coverage will continue up to four (4) months each leave year (see below for more information). If an employee disabled by pregnancy also uses leave under the CFRA for baby-bonding, the School will maintain their coverage while they are disabled by pregnancy (up to four (4) months or seventeen and one-third (17 1/3) weeks) and during their CFRA leave (up to twelve (12) weeks). b. Benefit Plans Not Provided through the School’s Group Health Plan During Unpaid Leave Do Not Continue

The School does not pay for benefit plans that are not part of the group health plan for any employee on unpaid leave. As a result, employees will not continue to be covered under the School’s benefit plans that are not provided through the School’s group health plans while the employee is on unpaid leave, unless arrangements are made for the employee to make premium payments directly. c.

Payment of Premiums

Employees may make the appropriate contributions for continued coverage under the health benefits plans by payroll deductions (if the employee is using their paid leave) or direct payments (if the employee is not using their paid leave). The School will inform the employee whether the direct payments for premiums should be paid to the carrier or to the School, and the deadlines for paying premiums in order to prevent coverage from being dropped. Employee contribution rates are subject to any changes in rates that occur while employee is on leave.

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d. Recovery of Premium if the Employee Fails to Return from Leave

If an employee fails to return to work after their leave entitlement has been exhausted or expires, the School shall have the right to recover its share of health plan premiums for the entire leave period, unless the employee does not return because of the continuation, recurrence or onset of a serious health condition of the employee or their family member that would entitle the employee to leave or because of circumstances beyond the employee’s control.

Notice Requirements Although the School recognizes that emergencies arise which may require employees to request immediate leave, employees are required to give as much verbal or written notice as possible of their need for leave. If leave is foreseeable, at least thirty (30) days’ notice is required. In addition, if an employee knows that they will need leave in the future but does not know the exact day(s) (e.g., for the birth of a child or to take care of a newborn), the employee shall inform their supervisor as soon as possible that such leave will be needed. For foreseeable leave due to a qualifying exigency, an employee must provide verbal or written notice of the need for leave as soon as practicable, regardless of how far in advance such leave is foreseeable.

Medical Certifications Employees who request leave must provide a medical certification and/or recertification to support the need for the leave as described below: a.

Employee’s Own Serious Health Condition

Employees who request leave for their own serious health condition must provide written certification from the health care provider that contains all of the following: the date, if known, on which the serious health condition commenced; the probable duration of the condition; and a statement that, due to the serious health condition, the employee is unable to work at all or is unable to perform any one or more of the essential functions of their position. Upon expiration of the time period the health care provider originally estimated that the employee needed for their own serious health condition, the employee must obtain recertification if additional leave is requested. b. Family Member Serious Health Condition

Employees who request leave to care for a child, parent, domestic partner, spouse, grandparent, grandchild, or sibling who has a serious health condition must provide written certification from the health care provider of the family member requiring care that contains all of the following: the date, if known, on which the serious health condition commenced; the probable duration of the condition; an estimate of the amount of time which the health care provider believes the employee needs to care for the child, parent, domestic partner, spouse, grandparent, grandchild, or sibling and a statement that the serious health condition warrants the participation of the employee to provide care during a period of treatment or supervision of the child, parent, spouse, domestic partner, grandparent, grandchild, or sibling. The term “warrants the participation of the employee” includes, but is not limited to, providing psychological comfort and arranging third party care for the covered family member, as well as directly providing, or participating in, the medical care. Upon expiration of the time period the health care provider originally estimated that the employee needed to care for a covered family member, the employer must obtain recertification if additional leave is requested. P a g e 67 | 72 La Jolla Country Day School Employee Handbook January 2024 12318294.3 LA030-015

Service Member Serious Injury or Illness

Employees who request FMLA leave to care for a covered service member who is a child, spouse, parent, or “next of kin” of the employee, must provide written certification from a health care provider regarding the injured service member’s serious injury or illness. The School will verify the certification as permitted by the FMLA regulations. d. Qualifying Exigency

The first time an employee requests leave because of a qualifying exigency, an employer may require the employee to provide a copy of the military member’s active-duty orders or other documentation issued by the military which indicates that the military member is on covered activeduty or called to active-duty status in a foreign country, and the dates of the military member’s active-duty service. A copy of the new active-duty orders or similar documentation shall be provided to the School if the need for leave because of a qualifying exigency arises out of a different active-duty or call to active-duty status of the same or a different military member. The School will verify the certification as permitted by the FMLA and CFRA regulations.

Time to Provide Certification When an employee’s leave is foreseeable and at least thirty (30) days’ notice has been provided, if a medical certification is requested, the employee must provide it before the leave begins. When this is not possible, the employee must provide the requested certification to the School within the time frame requested by the School (which must allow at least fifteen (15) calendar days after the School’s request), unless it is not practicable under the particular circumstances to do so despite the employee’s diligent, good faith efforts.

Incomplete/Invalid Medical Certification If an employee provides an incomplete medical certification the employee will be given a reasonable opportunity to cure any such deficiency. However, if an employee fails to provide a medical certification within the time frame established by this policy, the School may delay the taking of FMLA and/or CFRA leave until the required certification is provided or deny FMLA and/or CFRA protections following the expiration of the time period to provide an adequate certification. If the School has a good faith, objective reason to doubt the validity of a certification for the employee’s serious health condition, the School may require a medical opinion of a second health care provider chosen and paid for by the School. If the second opinion is different from the first, the School may require the opinion of a third provider jointly approved by the School and the employee but paid for by the School. The opinion of the third provider will be binding. An employee may request a copy of the health care provider’s opinions when there is a second or third medical opinion sought.

Reinstatement Upon Return from Leave Upon expiration of leave, an employee is entitled to be reinstated to the position of employment held when the leave commenced, or to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. Employees have no greater rights to reinstatement, benefits, and other conditions of employment than if the employee had been continuously employed during the FMLA and/or CFRA period. If a definite date of reinstatement has been agreed upon at the beginning of the leave, the employee will be reinstated on the date agreed upon. If the reinstatement date differs from the P a g e 68 | 72 La Jolla Country Day School Employee Handbook January 2024 12318294.3 LA030-015

original agreement of the employee and the School, the employee will be reinstated within two business days, where feasible, after the employee notifies the employer of their readiness to return.

Employee’s Obligation to Periodically Report on Their Condition Employees may be required to periodically report on their status and intent to return to work. This will avoid any delays to reinstatement when the employee is ready to return.

Fitness-for-Duty Certification As a condition of reinstatement of an employee whose leave was due to the employee’s own serious health condition, which made the employee unable to perform their job, the employee must obtain and present a fitness-for-duty certification from the health care provider that the employee is able to resume work. Failure to provide such certification will result in denial of reinstatement.

Reinstatement of “Key Employees” Under the FMLA only, the School may deny reinstatement to a “key” employee (i.e., an employee who is among the highest paid 10 percent (10%) of all employed by the School within seventy-five (75) miles of the worksite) if such denial is necessary to prevent substantial and grievous economic injury to the operations of the School, and the employee is notified of the School’s intent to deny reinstatement on such basis at the time the employer determines that such injury would occur. Under the CFRA, the School may not deny reinstatement to a “key” employee during or upon the expiration of CFRA leave.

Misuse or Abuse of Leave Employees who misuse or abuse family and medical care leave may be disciplined up to and including termination. Employees who fraudulently obtain or use leave under FMLA/CFRA are not protected by the statute’s job restoration or maintenance of health benefits provisions.

n. Pregnancy Disability Leave (“PDL”) Amount of Leave An employee who is disabled because of pregnancy, childbirth, or a related medical condition is entitled to an unpaid leave for up to the number of hours they would normally work within four (4) calendar months (one-third of a year or 17 1/3 weeks). For a full-time employee who works forty (40) hours per week, “four months” means 693 hours of leave entitlement, based on forty (40) hour per week times 17 1/3 weeks. An employee who works less than forty (40) hours per week will receive a pro rata or proportional amount of leave. The leave entitlement provided under this policy is provided per each pregnancy. Such leave may be taken all at once, or when medically advisable, it may be taken intermittently or pursuant to a reduced work schedule. Though the maximum pregnancy disability leave is four (4) months, at the end of the employee’s period(s) of pregnancy disability, or at the end of four (4) months of pregnancy disability leave, whichever occurs first, an employee may be eligible for further leave under the Family Medical Leave Act (“FMLA”) and/or the California Family Rights Act (“CFRA”) per the terms of the School’s Family Medical Leave policy. Additionally, an employee with a physical or medical condition related to, affected by, or arising out of pregnancy, childbirth, or related medical condition may request reasonable P a g e 69 | 72 La Jolla Country Day School Employee Handbook January 2024 12318294.3 LA030-015

accommodations pursuant to the procedure set forth in School’s policy on Reasonable Accommodations.

Notice and Certification Requirements If an employee needs to take pregnancy disability leave, the director of human resources or employee’s supervisor should be notified as soon as possible. Written notice of the need for leave is requested, however, verbal or written notice of the need for leave is acceptable. If the leave is foreseeable, pregnancy disability leave should be requested at least thirty (30) days in advance before the leave will begin and the employee should consult with the employee’s supervisor regarding the scheduling of any planned medical treatment or supervision so as to minimize disruption of the school year. If such notice is not possible, such as during an emergency or unforeseen complication, the employee is required to give notice as soon as practicable. Upon receiving an employee’s notice, the School must respond to the leave request within ten (10) calendar days. The request must be supported by a written certification from the attending physician. The certification should contain: (1) the date on which the employee became disabled due to pregnancy, (2) the expected duration of the disability and the expected date of return to work, and (3) an explanatory statement that, due to the disability, the employee is unable to work at all or is unable to perform any one or more of the essential functions of the employee’s position without undue risk to the employee, the successful completion of the employee’s pregnancy or to other persons. All leaves must be confirmed in writing, have an agreed-upon specific date of return, and be submitted to the director of human resources prior to being taken. Requests for an extension of leave must be submitted in writing to the director of human resources prior to the agreed date of return and must be supported by a written certification of the attending physician that the employee continues to be disabled by pregnancy, childbirth, or a related medical condition.

Transfer to Accommodate Intermittent Leave or a Reduced Work Schedule If it is medically advisable for an employee to take intermittent leave or leave on a reduced work schedule and it is foreseeable based on planned medical treatment because of pregnancy, the School may require the employee to transfer temporarily to an available alternative position. This alternative position will have the equivalent rate of pay and benefits, the employee must be qualified for the position, and it must better accommodate recurring periods of leave than the employee’s regular job. It does not have to have equivalent duties. Transfer to an alternative position may include altering an existing job to accommodate the employee’s need for intermittent leave or a reduced work schedule.

Compensation Pregnancy disability leaves are without pay. An employee on pregnancy disability leave is required to use any accrued sick leave during the leave but is not required to use accrued vacation or personal time. An employee who elects to use accrued vacation or personal time while on pregnancy disability leave must first exhaust any accrued sick leave before doing so. Any payments will be integrated with any state disability or other wage reimbursement benefits that employees may receive. At no time may an employee receive a greater total payment than the P a g e 70 | 72 La Jolla Country Day School Employee Handbook January 2024 12318294.3 LA030-015

employee’s regular compensation. The use of paid time off will not extend the length of pregnancy disability leave.

Benefits During Leave An employee on pregnancy disability leave will continue to be covered by the School’s group health insurance to the same extent that coverage is provided while the employee is on the job. The School may recover premiums it paid to maintain health coverage if an employee does not return to work and the employee’s failure to return is for a reason other than the employee taking baby bonding leave under the FMLA and/or CFRA, or the continuation, recurrence or onset of pregnancy disability or other circumstances beyond the employee’s control. Vacation and sick leave are not earned during unpaid leaves. Employees who are eligible to accrue vacation only accrue vacation when working or when receiving another form of paid leave earned through their work (for example, when using paid vacation or sick leave), and then only for the portion of the paid leave earned through work. The employee retains employee status during the leave. The leave is not a break in service for purposes of longevity or seniority under any employee benefit plan.

Reinstatement after Pregnancy Leave Upon the expiration of pregnancy disability leave and the School’s receipt of a written statement from the health care provider that the employee is fit to return to duty, the employee will be reinstated to the employee’s original or an equivalent position, so long as it was not eliminated for a legitimate business reason during the leave. If the employee’s original position is no longer available, the employee will be assigned to a comparable, open position. If upon return from leave an employee is unable to perform the essential functions of the employee’s job because of a physical or mental disability, the School will initiate an interactive process with the employee in order to discuss potential reasonable accommodations in accordance with its separate policy on Reasonable Accommodations.

Integration of FMLA, CFRA, and PDL Because the interplay among FMLA, CFRA, and pregnancy disability leave can be confusing, the information below is designed to explain how FMLA, CFRA, and PDL might interact when an employee seeks time off due to disability as a result of pregnancy and later to bond with/care for their newborn child. The information below does not apply in other circumstances. FMLA: Eligible employees may take up to twelve (12) weeks of leave for pregnancy-related disability and to care for a newborn. In other words, FMLA includes the time the employee is disabled due to pregnancy and the time for bonding with/caring for the newborn. This leave may be partly compensable by the State of California through SDI benefits. CFRA: Eligible employees may take up to twelve (12) weeks of leave to bond with a newborn. This leave runs concurrently with (meaning, at the same time as) FMLA for a non-pregnancy leave. For pregnancy leave, CFRA begins after the pregnancy disability ends and can be used solely to bond with/care for a newborn. This leave may be partly compensable by the State of California through PFL benefits.

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PDL: All employees are eligible for up to four (4) months of leave for pregnancy-related disability only. This leave runs concurrently with FMLA and may be partly compensable by the State of California through SDI benefits. The following chart illustrates an example of the overlapping leaves for a “typical” pregnancy: Pre-Birth Disability

Post-Birth Disability

Baby Bonding

FMLA and/or PDL

FMLA and/or CFRA

CFRA

4 weeks

6 weeks

2 weeks

10 weeks

o. Unpaid Personal Leave In exceptional circumstances the head of school may, in their sole and absolute discretion, grant unpaid personal leave to employees when other leaves of absence are not available or appropriate.

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