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Disability Law Center Employee Manual

Adopted by the Board of Trustees February 24, 2004 Updated November 2011


Table of Contents Adopted by the Board of Trustees ......................................................................... 1 Section I Introductory Statement............................................................................ 1 Section II Mission of the Disability Law Center ..................................................... 1 Section III Organizational Values ………………………………………………………2 Section IV Basic Employment Practices ........... Error! Bookmark not defined.Error! Bookmark not defined. Human Resources Department Functions and Responsibilities ............................. 2 Equal Employment Opportunity .............................................................................. 3 Anti-Harassment Policy .......................................................................................... 3 Whistleblower Policy …………………………………………………………………….3 Conflict of Interest and Employment of Relatives Policy ........................................ 5 Personal Information/ Confidentiality of and Access to Personnel Files ................. 7 Employee Concerns or Problems ........................................................................... 8 Classification of Employees ................................................................................... 9 Categories of Employment ..................................................................................... 9 New Employee Orientation ..................................................................................... 9 Job Descriptions ................................................................................................... 10 Agency Hours ....................................................................................................... 10 Flextime ................................................................................................................ 10 Confidentiality ....................................................................................................... 11 Equipment ............................................................................................................ 12 Equipment Inventory ............................................................................................ 12 Photocopying........................................................................................................ 12 Meetings ............................................................................................................... 13 Supplies ............................................................................................................... 13 Telephones .......................................................................................................... 13 Travel ................................................................................................................... 14 Interns .................................................................................................................. 14 Conference Room Reservations .......................................................................... 14 Library .................................................................................................................. 15 Mailing Lists.......................................................................................................... 15 Issue Team Reports ............................................................................................. 15 Program Performance Reports (PPR's) ............................................................... 15 Publications .......................................................................................................... 16 Training, Presentations and Outreach Efforts ...................................................... 16 Reporting of Training, Presentations and Outreach Efforts .................................. 16 Credit Card ........................................................................................................... 16 Section V Compensation ....................................................................................... 20 Starting Salaries/ Wage ........................................................................................ 17 Wage and Salary Adjustments ............................................................................. 17 Workweek and Pay Day ....................................................................................... 17 Rest Periods and Meal Periods ............................................................................ 17 Time Reporting and Overtime .............................................................................. 18 Development Reviews .......................................................................................... 18 Section VI Hiring .................................................................................................... 20 General Statement ............................................................................................... 20 Priorities Allowable in the Selection of Personnel................................................. 21


Internal Posting .................................................................................................... 21 Attorney Licensure ............................................................................................... 21 Section VII Benefits ............................................................................................... 22 Insurance Programs ............................................................................................. 22 Cafeteria Plan....................................................................................................... 22 COBRA ................................................................................................................ 22 Savings and Retirement Plans ............................................................................. 23 Attorney and Paralegal Specific Benefits ............................................................. 23 Continuing Education and Training of Staff .......................................................... 23 Holidays ............................................................................................................... 24 Annual Leave ....................................................................................................... 24 Sick Leave ............................................................................................................ 25 Leaves of Absence ............................................................................................... 26 Medical Leave................................................................................................... 26 Family Leave ..... Error! Bookmark not defined.Error! Bookmark not defined. General Uncompensated Leave ....................................................................... 27 Bereavement Leave .......................................................................................... 27 Military Leave.................................................................................................... 27 Jury Duty........................................................................................................... 27 Sabbatical Leave .................................................................................................. 27 Purpose ............................................................................................................ 27 Eligibility ............................................................................................................ 28 Approval ........................................................................................................... 28 Conditions ......................................................................................................... 28 Expense Reimbursement ..................................................................................... 29 Section VIII Employee Responsibilities ............................................................... 30 Standards of Conduct and Performance .............................................................. 30 Acceptance of Gifts or Gratuities .......................................................................... 31 Attendance and Tardiness ................................................................................... 31 Smoking ............................................................................................................... 31 The DLC is a Drug-Free Workplace ..................................................................... 31 Dress Code .......................................................................................................... 33 Contact with Media ............................................................................................... 33 Legislative Advocacy Work .................................................................................. 33 Use of E-mail and Internet .................................................................................... 34 Section IX Employee Status Change or Separation............................................ 35 Change in Position ............................................................................................... 35 Termination .......................................................................................................... 35 Separation Pay/Benefits ....................................................................................... 36 Open Door Policy ................................................................................................. 36 Exit Interviews ...................................................................................................... 36 ACKNOWLEDGMENT ............................................................................................ 37 Appendices………………………………………………………………………..……..38


Section I Introductory Statement Welcome to the Disability Law Center! We hope that your employment here will be a great source of personal and professional satisfaction. This Employee Manual should be kept with you throughout your employment. It is intended to provide you with information about the DLC and to summarize the agency’s personnel policies and procedures. It may not, however, answer all of your questions. It is impossible for any guide to cover all events or circumstances that could arise. If you need additional information, please speak with the Director of Finance and Administration or with the Executive Director. Please note that the DLC reserves the right to change policies, benefits, practices, or procedures at its discretion whenever needed. Employees will be informed of any and all changes. This document supersedes any other verbal or written policies.

Section II Mission of the Disability Law Center The mission of the Disability Law Center is to enforce and strengthen laws that protect the opportunities, choices, and legal rights of people with disabilities in Utah. For more information on the legal advocacy goals of the Disability Law Center and the policies and procedures governing our legal advocacy work, please refer to the Disability Law Center’s new staff orientation and case management manuals. We envision a society where people are treated with equity, dignity and respect. The work of the Disability Law Center focuses on four long-range goals: People with disabilities will be free from abuse and neglect. People with disabilities will receive appropriate services. People with disabilities will be free from discrimination. People with disabilities will have equal employment opportunities.

Section III Organizational Values Strategic - Our everyday work is strongly aligned with the DLC mission and directly supports the 4 long-term goals of the organization. We prioritize goals and resources which are most likely to impact the greatest number of people with disabilities for the longterm. Flexibility - Although our work is strongly rooted in established policies and procedures, we allow for nimble adjustments in our approach and execution when it supports exemplary client service, staff morale and organizational development.

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Professionalism - We exemplify the highest standards in our work, appearance and interactions with clients and the community. We maintain a clear and visible commitment to the rights and needs of people with disabilities inside and outside the office.

Section IV Basic Employment Policies Human Resources Department Functions and Responsibilities The Disability Law Center (DLC) seeks to provide information and support to all staff members concerning agency policies, procedures, and benefits, including staff development opportunities. The Executive Director of the DLC has overall responsibility for this function and provides direct oversight to all supervisors of DLC personnel and is responsible for the development and administration of all elements of personnel management except for the direct supervision of legal work for the agency. Other members of the Senior Management Team assist the Executive Director in this effort. Purpose The policies set forth in this Employee Manual provide guidelines for the selection, compensation, fringe benefits, termination, general working conditions and performance of employees of the DLC. Adherence to the guidelines contained in this Manual is not intended to and does not constitute an express or implied contract between the DLC and its employees. All employees are employed at will. No one’s job here is guaranteed. Employment is voluntary for both you and the DLC. You or the DLC may terminate your employment at any time for any reason not prohibited by law. No person or entity other than the Board of Trustees or Executive Director, and then only in writing, has authority to enter into an agreement for employment for a specific period of time or make arrangements contrary to this statement. Application and Authority These guidelines are applicable to all DLC employees, interns and volunteers, including Board Members, in connection with their activities for the DLC. These policies and guidelines have been enacted by the Board of Trustees of the DLC and will be administered by the Executive Director. The Executive Director can delegate the responsibility for the implementation and administration of these guidelines to other qualified staff, however, the Executive Director remains responsible for all actions taken. Non-Discrimination and Accommodation The DLC practices a policy of protected class non-discrimination in the recruitment and selection of employees, members of the Board of Trustees, Advisory Councils, interns and volunteers. The DLC will make reasonable arrangements to allow for effective communication for limited English-speaking and sensory or hearing-impaired individuals, such as interpreters or other assistive or auxiliary technology. DLC workplaces will be accessible to people with disabilities. The DLC will make accommodations for all

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employees with disabilities .The DLC will comply with all appropriate and applicable laws regarding protected classes If an employee has a disability and feels that she/he needs an accommodation, the employee should make a request to the Executive Director. The Executive Director and employee will determine the best method to meet the employee's needs and if the supervisor or other staff members should be made aware of the accommodation. The person requesting the accommodation may be asked to provide documentation of her/his need.

Equal Employment Opportunity The DLC is committed to recruiting and selecting employees based on their demonstrated or potential abilities, skills and judgment. It is the policy of the DLC to take affirmative steps to hire and promote employees with disabilities, members of racial minorities, and members of Equal Employment Opportunity protected categories. In an effort to increase the number of employees from the communities it serves, the DLC advertises its open positions in community publications and issues public service announcements among organizations that represent people with disabilities and ethnic minorities and actively seeks applicants from these populations. The DLC has endorsed, without qualification, a policy pertaining to equal employment opportunities. These policies state that all citizens (employees and/or applicants for employment) shall be entitled to equal opportunities of employment regardless of race, color, gender, national origin, physical, mental or sensory disability, sexual orientation, religious practices or beliefs, political affiliation, or veterans status, in the employment compensation, promotion, up-grading, training and development, demotion, transfer, layoff, termination or rehire of personnel.

Anti-Harassment Policy Conduct which is incompatible with the DLC's mission to provide advocacy services to people with disabilities, or working with individuals eligible for services, shall be grounds for denying or terminating employment. The agency strictly prohibits sexual or other types of harassment of employees. There should be no harassment of any employee by fellow employees or by members of management on account of an employee's race, color, gender, national origin, physical, mental or sensory disability, sexual orientation, religious practices or beliefs, political affiliation, or veteran’s status. The DLC does not condone and will not permit such harassment of any employee, and in particular, will not tolerate the making of unwelcome sexual advances to any employee or the making of unwelcome, offensive remarks or jokes relating to race, color, gender, national origin, physical, mental or sensory disability, sexual orientation, religious practices or beliefs, political affiliation, or veteran’s status. 3


Harassment also includes slurs, requests for sexual favors and other verbal, graphic or physical conduct of a sexual nature. Harassment also includes but is not limited to sexual advances and suggestions where: (1) submission to such conduct is either an express or implicit term or condition for employment; or (2) the conduct has the purpose or effect of substantially interfering with an affected person's work performance or creating an intimidating, hostile, or offensive work environment. Harassment may also include basing personnel decisions on an employee’s response to unwelcome verbal or physical advances. The DLC does not tolerate any such conduct. Employees who violate this policy are subject to discipline, up to and including termination. Employees are expected to conduct themselves in their daily activities in such a way as to ensure that no harassment occurs in any action with regard to work performed, compensation, benefits, privileges, transfers, layoffs, returns from layoffs, training and social events If you observe such conduct, or believe it has happened to you, tell the harasser the behavior is offensive and that you want it to stop. If you are unable to confront the harasser or are unsuccessful in convincing him or her to stop, immediately report the incident to a member of the senior management team so the incident may be fairly investigated and prompt remedial action may be taken. We encourage employees to also report incidents directly to their immediate supervisor, but any employee who is concerned or apprehensive may instead report any incident to the Executive Director. If an employee feels the Executive Director has not responded in a timely or appropriate manner, or if the incidents involve the Executive Director, the report should be made to the Board President. Reports of alleged harassment are treated as discreetly and confidentially as possible. No employee is retaliated against for lodging a complaint with management under this policy. Any employee who believes he or she is being subjected to retaliation should promptly report this to one of the individuals listed above.

Whistleblower Policy I. General DLC expects its directors, officers, employees, and other representatives to observe high standards of business and personal ethics in the conduct of their duties and responsibilities. As employees and representatives of DLC, we must practice honesty and integrity in fulfilling our responsibilities and comply with all applicable laws and regulations. II. Reporting Responsibility It is the responsibility of all directors, officers, and employees to report Wrongful Conduct in accordance with this Whistleblower Policy.

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III. Wrongful Conduct “Wrongful Conduct� is defined in this Whistleblower Policy to include: a serious violation of DLC policy; a violation of applicable state and federal law; or the use of DLC property, resources, or authority for personal gain or other non organization-related purpose except as provided under DLC policy. This definition of Wrongful Conduct is not intended to be an exclusive listing of the illegal or improper activity encompassed by the Whistleblower Policy. Rather, the Whistleblower Policy is intended to serve as a means of reporting all serious improprieties that potentially impact the integrity and effective operation of DLC. III. No Retaliation No director, officer, or employee who reports Wrongful Conduct will suffer harassment, retaliation or adverse employment consequence. Any director, officer, or employee who retaliates against anyone who has reported Wrongful Conduct is subject to discipline up to and including termination of employment or removal from the board or directors, as applicable. This Whistleblower Policy is intended to encourage and enable employees and others to raise serious concerns within DLC prior to seeking resolution outside DLC. IV. Reporting Wrongful Conduct DLC encourages its directors, officers, and employees to share their questions, concerns, suggestions, or complaints with someone who can address them properly. Any director, officer, or employee may report Wrongful Conduct to the Executive Director or the president of the board of directors. If the Wrongful Conduct implicates one or both of the Executive Director or the president of the board of directors, or if the reporting individual is not comfortable speaking with or not satisfied with response of the foregoing individuals, the issue may be reported to any member of the board of directors. The Executive Director, president of the board of directors, and all members of the board of directors to whom a report of Wrongful Conduct is made are required to immediately advise the full board of directors of such report of Wrongful Conduct.

Conflict of Interest and Employment of Relatives Policy Conflict of Interest No employee, volunteer, Board member or consultant of the DLC may participate in the selection, awarding, or administration of funds (e.g. a contract or vendor in which any Federal, State or private funds are used in which he/she or his/her immediate family or partner has a financial interest or with whom he/she is negotiating or has any arrangement concerning prospective employment). If an employee believes that he/she, or a member of his/her immediate family has a financial interest in a funded contract or vendor used by the DLC, he/she must immediately disclose this in writing to the Executive Director. DLC employees are required to disclose in writing all business and family relationships that might potentially create a conflict of interest. One more common potential conflict is memberships on Board of Directors of agencies with which the DLC has relationships. It is up to staff to determine which relationships may constitute an actual conflict of interest. If you have questions about this policy, please see the Executive Director. Non-disclosure

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of a significant/material conflict of interest can result in disciplinary action, up to and including termination of employment. Conflict in Representation The DLC must ensure that staff do not have conflicts of interest with our clients. Staff who have been employed by state agencies, other law firms, disability service providers, etc., and who are now employed at the DLC will not be assigned to participate in the representation of clients with interests potentially adverse to the agency, provider, etc. In order to avoid any possible conflicts, all staff members are required to review, on a weekly basis, a list of cases opened during that week. Any possible conflict of interest must be immediately reported to the Managing Attorney. Section 9.4 of the case management manual outlines in detail this policy and the procedures that implement it as well as conflict in representation between clients. All employees are required to know and comply with this policy and these procedures. Failure to report a conflict of interest can result in discipline up to and including termination of employment. Outside Employment Employees must disclose to the Executive Director in writing (and the Executive Director must disclose to the Board President) the specifics of any plans to accept outside employment for compensation which is either related to the mission and/or activities of the DLC, or which might potentially create a conflict with their duties at the DLC. Examples of work needing to be disclosed include teaching a class at a university, or doing paralegal work for another law firm. Paid work that would not be subject to disclosure might include sewing, playing in a rock and roll band, etc. Staff may take annual leave to provide professional services, such as consulting, teaching, legal consulting or other activity and receive the payment for such services. Staff are responsible for all taxes. (See Compensation.) The DLC recognizes that newly hired attorneys may have existing cases that cannot be closed before the first date of employment. In such cases, the employee will meet with the Managing Attorney and, if needed, the Litigation Committee of the Board of Trustees, to set a schedule for closing such cases. It is anticipated that all such cases will be closed by the end of the first six months of employment with the DLC. Time spent on pre-existing cases will not be counted as DLC time nor will DLC administrative staff be available to provide support. Legal Work Attorneys must disclose in writing all legal work undertaken outside of DLC assigned activities, and receive pre-approval from the Executive Director and/or the Managing Attorney. This includes work done on behalf of friends or family and pro-bono activities for another agency or individual. Compensated legal work will be allowed only after the attorney has been at the DLC for three years. Pro bono work is excluded from this limitation.

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Honoraria Honoraria, stipends, fees paid, and other compensation earned through public speaking engagements, presentations, teaching, conferences and consultation on behalf of the agency are not compensation to the employee. These fees are paid to the DLC. Staff may alternatively choose to take annual leave to provide this type of professional service, such as consulting, teaching, legal consulting, or other activity and receive the payment for such services, with prior permission of the Executive Director. The employee must notify the Executive Director of any possible conflicts of interest with their DLC work. Total time away from the office for such paid activity may not exceed three weeks of annual leave per year. In rare circumstances, the Executive Director may allow for additional uncompensated leave. The Executive Director approves all such leave. Staff are responsible for all taxes associated with any such activity. Employment of Relatives Generally, the employment of relatives, or spouses/partners of employees is not encouraged at the DLC. In addition, the agency will not hire or continue the employment of immediate relatives, spouses or partners if their continued employment would:   

Violate the confidentiality of the DLC or any of its employees or clients; Place an employee of the DLC in the position of supervising or auditing the work of a relative and/or spouse/partner; or Create an appearance of improper influence or conflict of interest detrimental to the DLC, its employees and/or clients.

When a situation occurs that is contrary to this policy due to promotion, transfer, marriage/partnership or cohabitation, the affected individuals have three months in which to settle the issue voluntarily. If the parties are unable to resolve the situation on their own, their immediate supervisor(s) will review the situation, and will seek a recommendation from the parties as to which individual should terminate their employment relationship with the DLC. If the supervisors are unable to resolve the situation, they will forward the affected employees and their own recommendations for resolution of the situation to the Executive Director.

Personal Information/ Confidentiality of and Access to Personnel Files The Director of Administration/Finance securely maintains in DLC offices all personnel files for each agency employee. The contents of the file may include, but are not limited to, the following: an employee application and resume, W-4 forms, emergency contacts, job description, employee reviews, professional licenses, all changes related to employment status, leaves of absence, letters of recognition of exemplary performance, and any other disciplinary memos reflecting discipline or other comments about the employee's job performance.

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Employees may review their complete personnel file, provided the request is reasonable. Employees may request a copy of any information in their personnel files with reasonable notice given to the Executive Director. Any concern regarding the completeness or accuracy of the information contained in the personnel file should be communicated to the immediate supervisor and/or the Executive Director. If an employee does not feel that the information contained in his or her file is accurate or relevant, he/she may place his/her own statement related to that information in the file. Such statements will be retained in the file for as long as the information to which it refers remains in the file. Any changes in address, telephone number, emergency contact or other personal information which impacts the employment status or benefits of the employee (such as number in family, or marital status), should be immediately communicated to the Director of Administration/Finance. It is important that personnel files are kept current, and it is the employee’s responsibility to see that the DLC has accurate and up-to-date information. With proper authorization from the individual, the DLC will release information in response to reference checks or requests. The DLC is required to comply with valid court orders, discovery requests, and government inquiries directing the DLC personnel to provide information from employees’ personnel records. Former employees may have reasonable access to their personnel records for up to two years after leaving the DLC. The DLC will keep confidential the personal information of all staff. No personal information of staff will be released to individuals or entities outside of the DLC without oral or written permission by the specific employee to do so. Personal information includes things like home address and phone number, wage information, etc.

Employee Concerns or Problems The DLC’s intention is to resolve any personnel problems with expedience, effectiveness and understanding for all parties involved. The Executive Director may call on the Board President or Personnel Committee for assistance at any time. Should an employee have a concern or problem, he/she is asked to resolve the issue with his/her immediate supervisor or the individual involved. If this does not satisfactorily resolve the issue, employees are then asked to direct their concern to the Executive Director, who is willing to assist in facilitating disputes or communication issues among employees. If the concern relates to the Executive Director, the employee may contact the Board President. This procedure is set up as an open channel to improve communication. Don't hesitate to use it. It is our commitment that no employee be retaliated against for using it.

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Classification of Employees All employees are classified as either exempt or non-exempt. Exempt employees include all regular employees who are exempt from the overtime provisions of the Federal Fair Labor Standards Act and any applicable state law. Such employees include staff who qualify as exempt executive, administrative or professional employees. Non-exempt employees include all regular staff who are covered by the overtime provisions of the Federal Fair Labor Standards Act or any applicable state laws. Employees in this category are entitled to premium pay (one and one-half times the regular pay) for work in excess of 40 hours in a workweek. Such employees include, but are not limited to receptionists, law clerks, advocates, secretarial, and administrative support employees.

Categories of Employment A temporary employee is someone who is given a specified, set length of employment. "Hourly" means actual time worked. Hourly ordinarily includes all the time during which an employee is required to be on the job. Permanent Part-time employees are persons who receive assignments on a continuing remuneration basis, but who work less than 30 hours per week. Said employees are eligible on a prorated basis for vacation and sick leave benefits granted to permanent staff. Health insurance, short and long term disability, dental and life insurance are not available through the agency’s group plans to part-time employees. These employees are eligible for participating in the 401(k) plan and the flexible spending account. Permanent Full-time employees are persons who work 30 hrs or more during the regular scheduled pay period and are eligible for all benefits. A consultant is defined as a non-DLC employee with a written contract specifying a scope of identified work. Except with regard to all policies mandated by law (such as but not limited to Equal Opportunity and Anti-Harassment), consultants are not subject to the DLC’s Personnel Policies. All employees and associates of the DLC, including consultants, volunteers, legal clerks, law student interns, etc., are required to sign a statement of confidentiality.

New Employee Orientation All employees receive an initial orientation specific to the new employee’s job description at the time of hire, including training on the Case Management policies of the DLC. The DLC orientation sessions encompass the various roles, structure and operating policies and procedures of the entire agency. 9


All employees are required to read and follow the policies outlined in the DLC Case Management Manual and Employee Manual. Employees must sign and date an acknowledgement form stating they understand and will comply with the policies in these manuals. This acknowledgement form will be kept in employee’s personnel file. If you have any questions about these procedures, please speak with the Executive Director.

Job Descriptions Any person employed as a full-time or part-time permanent employee receives a written job description outlining qualifications for the position (such as education, experience, and skill requirements) and expectations for the individual's performance. Job descriptions are illustrative only and do not describe all of the duties that may be assigned. Job descriptions should be reviewed by the supervisor and employee as part of the annual development review and amended as necessary.

Agency Hours The DLC has core business hours of 8:30 a.m. - 5:00 p.m. Monday through Friday. The DLC is open to the public from 9:00 a.m. to 4:00 p.m. Monday through Friday. The Community Legal Center building opens at 8:00 a.m. However, given the mission and the nature of the work, employees may follow different work schedules as a result of early morning, evening and/or weekend meetings, as well as potential out-of-town travel. When schedules and job descriptions permit, employees may arrange such options as flextime, part-time employment and job sharing subject to the approval of the Executive Director. Any such arrangements must be in writing and placed in the employee’s personnel file.

Flextime The DLC offers a flextime policy as a benefit for its employees. Employees do not have to work a flextime schedule, but all employees are required to identify a schedule for their workweek and adhere to it. Flextime is a valued benefit, but its success for all employees depends on employees keeping a consistent schedule. If a staff member does not keep a consistent schedule their ability to flex may be terminated. Flextime will typically not be granted until an employee has worked six months for the DLC. Procedure for Flextime The nature of the employee's position may dictate the flextime schedule allowed. For example, phones and administrative services must be covered during all core business hours, and the agency must have attorney coverage for client consultation. Employees may select their preferred schedule using the Flextime Schedule Request form given at the time of hire. The Executive Director, in cooperation with the employee and their supervisor and/or Senior Management Team, approves flextime schedules. Once set, employees are expected to retain their flex schedule for at least six months. Every effort 10


will be made to both ensure a functioning, efficient office and to meet the needs and desires of staff. General Guidelines for all Staff 1. Core business hours are from 8:30 a.m. to 5:00 p.m. Monday through Friday. 2. Staff may begin work at 7:00, 7:30, 8:00, 8:30 or 9:00 a.m. 3. All schedules must allow for coverage of each program area during core business hours (e.g., STAT, Administrative Services, Legal Services and Management Staff). 4. There may be exceptional situations in which staff will be requested to work on scheduled days/hours off in order to cover for vacations, illnesses, required meetings, or unexpected events. 5. Schedules that significantly limit the employee’s ability to attend Agency and/or Attorney/Advocate meetings will not be approved. 6. Staff may take a flex half day off per week, a full day off per week, or full day off per pay period. Guidelines for STAT, Issue Teams and Administrative Staff 7. Phones must be covered during core business hours. Employees’ flextime schedules should ensure coverage by at least one STAT advocate during hours the DLC is open to the public, and one Administrative Staff person during core business hours. 8. A member of the various issue teams must be available during core business hours. The various teams can work out a flextime schedule as a team to ensure adequate coverage during core business hours. 9. All flextime schedules will be reviewed by the respective team Issue Team Leader for concurrence prior to final approval. 10. The Executive Director should be available during core business hours unless the Board of Directors approves flextime. Guidelines for Legal Services Staff 11. At least one attorney will be available in the building from 9:00 a.m. to 4:00 p.m. each day. 12. The Managing Attorney prior to approval will review all proposed flextime schedules within the Legal Services Staff.

Confidentiality It is the policy of the DLC to keep confidential all information obtained in the course of providing services to clients. Confidential information includes all information contained in case records, personally identifying information contained in the DLC's data system, and identification of individuals as agency clients. Any person who works or volunteers at the DLC will be required to sign a confidentiality agreement before beginning work. See the Case Management Manual for the full confidentiality policy. All employees and associates of the DLC, including consultants, volunteers, legal clerks, law student interns, etc., are required to sign a statement of confidentiality.

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Technology Usage Policies and Procedures 1. Network DLC utilizes a computer network system that is administered by staff and outside sources. Network services include all computer hardware, software, network, internet access and email services. 1. All staff also have access to a computer, photocopy machine and other office equipment. 2. Training and support for staff is provided by support staff assigned to technology support. 3. Any problems should be immediately brought to the attention of the Office Manager. 4. Electronic and email files are to be cleaned out regularly (at least quarterly) to avoid overload of the system. If necessary, ask support staff for assistance. 5. DLC management reserves the right to monitor and track the use of network services by all employees, both on and/or off site including all equipment ( desktop and laptop computers, etc.), other related hardware, software, email, electronic communication of any kind, portable storage devices, internet usage, etc. 6. Inappropriate use of equipment or technology of any kind will result in the suspension and/or revocation of privileges. Management may take appropriate disciplinary action for unacceptable use including suspension, expulsion, termination of employment, and/or criminal prosecution. Management may implement procedures or install technology on equipment in order to monitor use. 7. Staff who will be using DLC equipment outside the office must sign the equipment out before taking the equipment out of the office and sign it in again when returning the equipment to the office. 8. Requests for repairs to DLC equipment, including laptops, cell phones, power point projector and overhead, digital camera, etc. will be made to the Office Manager who will contact the appropriate entity and follow up on any such repairs.

Equipment Inventory The Office Manager will be responsible for maintaining a current office inventory list of equipment for all offices. As equipment is purchased or obtained, it will be added to the inventory list. Staff members who obtain equipment - either purchased or donated should inform the Office Manager. The inventory list will contain the following information: type of furniture or equipment, description, where located, when purchased and any identifying numbers.

Photocopying A photocopy machine is available for material reproduction. Reasonable time should be allowed for photocopying voluminous materials. Staff are encouraged to keep

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photocopying to a minimum. Staff should coordinate any outside printing through the Office Manager, who is required to obtain at least three bids for any significant printing job.

Calendar The DLC uses a shared calendar to keep staff informed of the whereabouts of their coworkers for professional reasons. All staff are required to keep their calendar up to date. When a staff member calls in sick or is running late support staff will record the information.

Meetings General staff meetings are held on the fourth Tuesday of every month at 10:30 a.m. Satellite offices participate via conference call. All staff should be present unless there is a scheduling conflict or an emergency. If you are unable to attend the staff meeting, prior notification must be given to the Executive Director. Attorney/Advocate meetings are held every other Wednesday at 9:00 a.m. to coordinate work and discuss cases and administrative issues. Attendance is mandatory for attorneys and advocates. If you are unable to attend the Attorney/Advocate meeting, prior notification must be given to the Managing Attorney. Board of Trustees meetings are held on the fourth Tuesday of every month at 7:30 a.m. The Executive Director, Managing Attorney, Director of Finance and Administration are required to attend. All staff are welcome to attend. These meetings are open to the public. PAIMI Advisory Council meetings are held the first Wednesday of every month at 5:00p.m. All staff are welcome to attend. Quarterly staff meetings are held every three months. These meetings are for coordination and training purposes. All staff are required to attend in person.

Supplies All supplies are ordered through Support Staff and must be approved by the Office Manager. Staff should contact Support Staff to request supplies.

Telephones The DLC is part of the Community Legal Center phone system. When placing a long distance call, you must enter a code after dialing the number. The three number codes consist of specific numbers assigned to each program. An updated list of codes can be obtained from Support Staff. Personal long distance calls should be made on a staff member’s personal phone or calling card. Employees are required to limit time spent on 13


personal phone calls, including cell phone calls. Voicemails, like the other components of the DLC's phone system, is intended for business use. All messages are DLC records. While voicemail passwords are intended to limit access to authorized people only, employees should not have an expectation of privacy in connection with voicemail messages and should use the system accordingly. Employees with voicemail boxes should update answering messages, respond to their messages promptly and delete old messages. The use of personal cell phones is to be minimized and must not interfere with the employee's responsibilities while working .Unacceptable use of personal cell phones may become a performance issue for the employee.

Travel The opportunity to attend conferences and meetings is a primary method of staff development and staff are supported to take advantage of these opportunities whenever possible. Requests for out-of-state travel should be coordinated and approved by the Executive Director. Support Staff will make out-of-state travel and hotel arrangements. The DLC will determine the method of travel for DLC funded trips. The decision will be based on the least expensive means available. However, other factors may be weighed against cost on a case-by-case basis. Request for training and to attend conferences must be submitted in writing using the Professional Development Request Form. A copy of this form is maintained on the DLC server and a copy is contained in the appendix to this manual. Requests should be submitted with adequate time for Senior Management to review and approve or disapprove and have the necessary travel arrangements and accommodations, if applicable, arranged at the lowest possible cost. All air travel will be arranged at coach fares and rental cars will typically be compact in size. Exceptions can be made based on Senior Management’s prudent judgment.

Interns The Attorney Intern Coordinator will manage law school interns/legal volunteers and is responsible for training, individual assignments and coordinating work between teams. The Executive Director assists with the orientation for interns and is responsible for nonlegal volunteer/interns.

Conference Room Reservations The Community Legal Center has three conference rooms for public use; the DLC has one. Any staff member who wishes to reserve one of the conference rooms needs to verify that the room is available for the required date and time and sign up on the conference room reservation list. Staff members who reserve the conference room are responsible for ensuring that the room is left in good condition, i.e. table cleaned, equipment put away, chairs under the table or against the wall, etc.

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Library The DLC provides resources to assist staff in their legal work, including books and access to Westlaw. Legal staff will be trained on Westlaw and issued a password at the time of employment. Staff are required to stay within the databases available under our Westlaw account. Any requests for exception need to be approved by the Managing Attorney. To ensure access for everyone, library materials should be returned to the appropriate place in the library promptly after use.

Mailing Lists The Office Manager oversees the maintenance of the DLC’s mailing list. The DLC also maintains copies of other lists: National Disability Rights Network, legislators, distribution lists for annual reports, etc. Mailing lists for other purposes may be developed as needed from the master list. Change of address and additions to the master list are made prior to any mailing. If you would like to add a name or submit a change of address, please notify the Office Manager.

Issue Team Reports At the end of each quarter, the Issue Team leaders generate written reports on their respective team’s work. Additionally, statistical and activity reports are generated quarterly and annually. Copies of the reports are submitted to the Executive Director for review two weeks after the end of the quarter. The Board of Trustees receives the quarterly and annual report.

Program Performance Reports (PPR's) All staff have a role in the annual program performance reports (PPRs) which we submit to the federal agencies who provide the majority of our funding. Staff are required to keep accurate and completed data on case and project work on DAD and will assist with narratives. The Executive Director reviews and approves the final reports submitted to our federal funders.

Grant Applications All staff have a role in the grant application process for the federal and private funding. The Executive Director reviews and approves the final grant applications submitted to the federal agencies or private foundations. The Executive Director will place a copy of the submitted application in the grant file and will regularly inform the Board of Trustees about the status of the submitted applications.

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Publications As a consumer-driven agency, the DLC strives to report on its activities to the public regularly and in several different fashions. Staff may be asked to assist in preparing these items. Some of the publications include:  Annual report  The e-newsletter  Reports to the community  Public Policy Statements  Legislative fact sheets  Educational & information fact sheets

Training, Presentations and Outreach Efforts All staff are strongly encouraged to participate in outreach activities and presentations. All presentations and outreach efforts are coordinated through the Outreach Coordinator. Staff should contact the Outreach Coordinator with any presentation requests. Each employee must participate in at least one outreach activity per year.

Reporting of Training, Presentations and Outreach Efforts All staff are required to report:   

Training received by DLC staff; Training given to others by DLC staff; and Outreach conducted by staff.

These activities must be accurately recorded in DAD.

Credit Card The DLC has an American Express credit card. The card may only be used for preapproved purchases such as airline tickets and other cost that are allowable, reasonable and allocable. The card may only be used by the Director of Finance and Administration or Executive Director unless written authorization is given for a specific purpose. No personal expenditures are permitted whatsoever. All frequent flyer miles accumulated on the account are for DLC related travel.

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Section V Compensation This compensation policy has been developed in an effort to provide uniform guidelines for the administration of compensation within the DLC. Salary ranges may be evaluated and adjusted periodically by management and upon review and approval by the Board of Trustees.

Starting Salaries/ Wage The DLC strives to provide salaries within a compensation scale approved by the Board of Trustees, dependent on resources available.

Wage and Salary Adjustments Wage and salary adjustments will be considered annually as appropriate (funds permitting), and are generally approved prior to the beginning of a fiscal year. Additional increases are based exclusively on changes in responsibilities. Merit raises will be based on yearly evaluations. Wage and salary increases are not based solely on length of service with the DLC or on changes in the economy although the Board of Trustees may award a cost of living increase to staff. In other words, pay increases are not automatic and are at the discretion of the Executive Director.

Workweek and Pay Day Our workweek begins on Sunday and ends on Saturday. The DLC follows a two-week pay period, beginning Sunday and ending Saturday. Payday is the following Friday. The Director of Finance and Administration will make checks available (although we have a direct deposit system) at end of the day on Friday. Every effort is made to avoid paycheck errors. Report any error to the Director of Finance and Administration at once so that it can be corrected.

Rest Periods and Meal Periods Non-exempt employees are expected to take an unpaid lunch of 30 minutes per eighthour period. Scheduling is the responsibility of individual staff members; generally providing the meal period takes place between two hours and five hours from the beginning of the shift. Non-exempt employees are also allowed a paid rest period of 15 minutes for four hours of working time. These breaks and meal periods cannot be taken at the beginning of or end of the day. Scheduled rest periods by exempt employees are not encouraged. However, exempt employees are allowed 15 minutes of paid break time for each 4 hours of working time. These breaks cannot be taken at the beginning or end of the work day.

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Time Reporting and Overtime All employees are required to keep a daily attendance and work record using the DAD system. These records are required to show actual time and attendance. Employees are required to enter all time on the DAD program and submit a printed timesheet to the Director of Finance and Administration by 11:00 a.m. on the Monday following the end of the pay period to ensure prompt payment to all employees. Payroll will be processed based on the actual time recorded on the DAD program by 11:00 AM on Monday. Employees who do not have all their time recorded on DAD by 11:00 AM on the Monday following the end of the pay period will be compensated for their unrecorded work the next pay period, provided they record their working time on the DAD system. Non-exempt employees It is the policy of the DLC that all non-exempt employees shall complete their work assignments in the regular 40-hour workweek. Exceptions will be made in order to assure completion of special projects, for Advisory Council or Board of Trustee meetings, quarterly retreats, to meet legal deadlines, and in other unusual circumstances. All requests for overtime must be made in advance to the Executive Director on the Authorization for Overtime Work Form. Exempt employees Exempt employees are expected to record actual hours worked for the purpose of billing clients and for record keeping of funding sources, but they are not subject to wage and hour overtime regulations. Exceptional hours worked may be granted paid administrative leave at the discretion of the Executive Director.

Development Reviews The DLC believes that goal setting and frequent feedback help all of us do our best work. Your supervisor should communicate to you the specific performance objectives for your job. Although development reviews are generally conducted formally at least annually, your supervisor will attempt to provide you feedback informally on an ongoing basis. These discussions are aimed toward the goal of improved communication and are intended to result in improved performance. Development reviews also offer an opportunity for feedback from your peers. If for some reason you do not receive your performance review at the appropriate time, contact your supervisor or the Executive Director. Performance of personnel is reviewed twice yearly for the first year (usually at three months and annual anniversaries) and once yearly thereafter. The Managing Attorney will conduct the development reviews of staff attorneys with input from the Executive Director and appropriate staff. The review of the Managing Attorney 18


shall be conducted with input from appropriate staff, applicable members of the Board of Trustees, and in cooperation with the Executive Director. The Board of Trustees conducts the Executive Director’s review annually. Staff will be given tools to provide the Board with feedback about his/her performance and suggestions for improvement. A written development review will become a part of the employee's file. The employee will receive a copy for their records. Objectives of the DLC’s development review include the following:       

To let the employee know how he/she is doing in meeting the objectives of the position. To encourage communication and two-way feedback on the expectations, performance standards, and goals of both the employee and the supervisor. To help determine promotions, transfers in job duties, changes in job descriptions and other personnel matters. To assess the appropriateness of merit raises when such raises are available. To be a tool for counseling and career planning. To build a permanent record of performance. To identify development and training needs.

With regard to the development review process, the employee is responsible for:   

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Meeting with their supervisor for the purpose of establishing work objectives, determining how best to achieve them and the criteria by which the results will be measured, and progress toward work objectives. Assuring that their performance is appraised at least annually. Signing their development review after discussion with their supervisor.


Section VI Hiring General Statement The DLC tries to employ the best-qualified individuals available from within or outside the organization for all positions we decide to fill. We consider current employees when reasonably possible, consistent with the operational needs of our business. Hiring, appointment and promotion, or compensation of employees are based on experience, training/education, competence and job performance. The DLC will not discriminate against applicants because of race, color, gender, national origin, disability, sexual orientation, religious practices or beliefs, political affiliation, or veterans' status or any other basis prohibited by law. Employment shall not be offered as a consideration or reward for the support or defeat of any political party or candidate for public office. In addition, conduct which manifests attitudes incompatible with working with persons eligible for DLC services shall be grounds for denying employment and, if hired, terminating employment.

Policy on provisional appointments All employees are required to serve the first three (3) months of employment on a provisional basis to provide the DLC an opportunity to evaluate the employee’s performance. When staff employees are hired, transfer to a different position, or are promoted, they are subject to a provisional period of employment. If an employee has been involuntarily reassigned, he/she may be subject to a new provisional period. For both regular full-time and regular part-time staff members, the provisional period normally lasts three calendar months. The provisional period gives the employee time to learn and adjust to the new position and gives the DLC time to evaluate the employee's suitability for the position. This is accomplished by conducting a performance appraisal at the midpoint of the provisional period and at the end of the three month period. At the end of the three (3) months, the supervisor must assess the employee's performance to determine whether he/she has met performance standards and supervisory expectations for continued employment. If the employee has not met expectations, the supervisor has the option of extending the provisional period for a maximum of one month or recommending termination of employment to Senior Management. The employee will be notified in writing prior to the completion of the three (3) months provisional period. If the DLC determines that an employee is not suited for the position, he/she may be dismissed at any time during the provisional period. During the provisional appointment, the employee accrues annual and sick leave. Employees are not allowed to schedule and take vacation during the provisional period.

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Priorities Allowable in the Selection of Personnel The DLC is committed to recruiting and selecting employees based on their demonstrated or potential ability, while striving for the highest degree of skill and judgment possible. Education, ability and experience may be considered. Maximum employment opportunity will be given to individuals with disabilities. As noted previously, it is the policy of the DLC to take affirmative steps to hire and promote employees with disabilities, members of racial minorities, and members of Equal Employment Opportunity protected categories. Reasons for Disqualification of Applicants Applicants with criminal convictions or attorneys who have been disbarred in Utah or in other state, have had serious disciplinary action taken against them by the Utah State Bar, any federal bar, or other state bar may be disqualified for employment with the DLC. Convictions for any criminal offenses must be reported at the time of application to the Managing Attorney and the Executive Director. Failure to disclose such information may result in disqualification or termination once the applicant has been hired.

Internal Posting All openings at the DLC will be posted internally for one work week so that interested employees may inform the Executive Director of their interest in the position. If the Executive Director determines that internal candidates are not qualified for the position, he/she has the ability to post the job outside of the agency.

Attorney Licensure It is the policy of the DLC that any attorney hired is expected to take and pass the Utah State Bar within two admission periods and/or be licensed to practice law within the state of Utah. Failure to become licensed may be grounds for reassignment or termination.

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Section VII Benefits You will receive complete details of these plans in separate documents. For details see the Director of Finance and Administration regarding your specific coverage.

Insurance Programs All permanent full-time employees of the DLC are eligible to participate in the health insurance plan on the first of the month that follows the date the employee completes one calendar month of continuous active work. The employee pays a portion of the premium and the DLC pays the balance of the premium. Employees may choose to extend, at their own expense, medical benefits to their dependents and spouses. Payroll deductions are available for these costs. Employees who work less than 30 hours a week are not eligible for insurance coverage. All permanent full-time employees of the DLC are eligible for dental coverage upon employment. The employee pays a portion of the premium and the DLC pays the balance of the premium. All permanent full-time employees of the DLC are eligible for Life Insurance coverage upon employment. The DLC pays 100 percent of the premium for employee and family coverage. All permanent full-time employees of the DLC are eligible to receive both short-term and long-term disability insurance upon employment. The DLC pays 100 percent of the premiums. Short-term disability benefits starts after 15 days of total disability and continues for 90 days. Long-term disability benefits will start after 90 days of total disability and are payable until the age of 65, or twenty-four months, whichever is shorter.

Cafeteria Plan To assist with out of pocket medical and child care costs, the DLC has established a 125 Cafeteria Plan. The DLC pays the administrative fees and cost of enrollment for all employees. The employee is responsible for all contributions and management of their cafeteria plan.

COBRA If your insurance benefit is terminated, you may arrange to continue some coverage at your expense in accordance with existing federal and state regulations and the terms of our group insurance policy. You will receive information about this in a separate notification.

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Savings and Retirement Plans After three months of employment, all permanent full-time employees of the DLC are eligible to participate in the DLC’s 401(k) retirement savings plan. The percentage of the agency’s contribution is determined annually by the Board of Trustees, and is subject to change. Temporary employees who work more than 1,000 hours are also eligible for this benefit in a calendar year.

Attorney and Paralegal Specific Benefits The DLC will pay 100 percent of all premiums and/or fees for liability insurance and will pay the cost of the Federal District Court fee. The DLC will pay 100 percent of mandatory Utah State Bar dues for attorneys and one attorney membership to an affiliated professional section, funds permitting. Requests should be made to the Executive Director. The DLC will pay a one-time registration and bar exam fee for the Utah State Bar Exam. Funds permitting, the DLC will pay 100 percent of Utah Paralegal Association dues for paralegals. The DLC will pay 100 percent of notary public commission fees, funds permitting.

Continuing Education and Training of Staff The DLC supports and encourages the continuing education and training of all staff. Continuing education is defined as any workshop or learning situation related to an employee’s role with the DLC and sponsored by an outside organization. The DLC may pay for some continuing education based on the availability of funds. The Director of Finance and Administration in cooperation with the Managing Attorney, and the Executive Director are responsible to develop individual training plans, identify training opportunities for staff based on these plans, track training staff receive, and coordinate the staff training budget. However, each individual employee is responsible for their own continuing education. Employees are allowed time off for up to 14 hours of continuing education hours per year. Attorneys may take these hours of continuing education required to meet the 27 CLE hours over a two-year period. These hours are in addition to attendance at conferences and other activities as assigned by the Executive Director or Managing Attorney. Attorneys are responsible for planning to meet their CLE requirement. Additionally, the Executive Director may authorize part-time employment, administrative time off or flexible work schedules for continuing education activities. Some employees, including accountants and attorneys, are required to maintain a license. These licensing requirements often require continuing education. Even though the license may be required for employment, each individual employee is responsible for meeting the requirements of their license. Each individual employee is responsible for obtaining, tracking, and reporting their own continuing education requirements to the applicable licensing agency. Failure to do so will result in disciplinary action up to and including termination. 23


Holidays Full-time employees are compensated for 11 holidays throughout the year and are entitled to one floating holiday per year. Employees working less than full-time will have pro-rated holiday hours. The observed holidays are: New Year's Day ML King Day President's Day Memorial Day Independence Day Pioneer Day

Labor Day Columbus Day Thanksgiving Day Day after Thanksgiving Christmas Day

Unless otherwise notified, if an observed holiday falls on a Saturday, it will be observed on the preceding Friday; should the holiday fall on Sunday, it will be observed on the following Monday. Employees are welcome to choose to substitute another religious holiday in place of Christmas Day, but the office will be closed and employees will need pre-approval from the Executive Director. The annual floating holiday may be used with the prior approval of the supervisor at the discretion of the employee in hourly increments, or as full day, but may not be used until the employee has competed 520 hours of continuous service. Your floating holiday must be used by the end of the year, as they do not carry over into the next calendar year.

Annual Leave Each permanent, full-time employee of the DLC shall accrue annual leave each pay period. The amount accrued is shown on your pay check. Annual leave is accrued based on the following schedule: First two years of employment Third through fifth year of employment Six years or more

13 days per year 20 days per year 23 days per year

Permanent part-time employees accrue vacation hours on a pro-rated basis equivalent to their FTE status. For example, a 12-year employee working half-time receives two hours of annual leave per pay period. Vacation requests must be approved in advance by the Managing Attorney for those doing legal advocacy or the Director of Finance and Administration or Executive Director for non-legal advocacy staff. Employees are encouraged to take their vacation hours within one year of the time it is earned. Up to 240 hours (30 days) of accrued vacation may be carried over from one calendar year to the next with approval from the Executive Director. Unused accrued vacation leave, up to 240 hours, is paid to employees who leave the DLC, but only after completing 520 hours of continuous service. 24


For members of Senior Management, their vacation request will be coordinated and approved among the members of Senior Management so as to insure that at least member of Senior Management is in the main office on any given work day. (Also conference request will only be approved provided that at least one member of Senior Management is in the main office on any given work day.) When the Executive Director is absent due to vacation leave or attendance at a conference that exceeds two days, The Executive Committee of the Board of Directors will be notified and given at least one alternate name from Senior Management that they can contract if the need arises during the Executive Director’s absence from the office. Any leave taken in excess of earned leave will be counted as leave without pay. Leave taken without proper notice and approved by the Executive Director shall be without pay, and repeated failure to provide adequate notice of impending leave may be grounds for disciplinary action up to and including termination. Up to 30 days (240 hours) of annual leave can be carried over from year to year.

Sick Leave Sick leave with pay will be accumulated at the rate of four (4) hours per pay period. Permanent part-time employees accrue sick leave on a pro-rated basis. Sick leave is accrued from the date of hire and may be used after one month of continuous service. A certificate from a physician may be required for all consecutive days of sick leave taken in excess of three days if requested by the Executive Director. Sick leave will be granted to an employee for the following purposes: Personal illness or injury, medical and/or dental appointments during work hours, instances where an employee's spouse, children, or parent or in-law parent require the personal attention of the employee, or to alleviate stress (limited to two days per year). An employee who is ill or late should inform his or her supervisor before 9:00 a.m. of the expected absence or tardiness. Unused sick leave shall not be compensated upon termination nor may it be taken prior to notice of voluntary termination of employment. Employees who exhaust their sick leave will have additional absences charged against their annual leave. Up to 20 days (160 hours) of sick leave can be carried over from year to year. 15 days of this amount is the equivalent of the elimination period required by our short term disability insurance.

Catastrophic Leave Bank In the event an employee has exhausted all his/her available leave because of a catastrophic illness or injury of the employee or a member of the employee's immediate

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family, the DLC has created a Catastrophic Leave Bank to provide supplemental additional paid leave. Immediate family is defined as a spouse, domestic partner, child, or parent and any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship. Catastrophic injury or illness is defined as a severe condition or combination of conditions affecting the mental or physical health of an individual. The catastrophic illness or injury must require the continuing services of a physician, psychologist, or psychiatrist. All cases will be considered on an individual basis. Employees may donate up to 40 hours of annual leave time per fiscal year. Leave can be donated at any time, although the DLC may make a special appeal when the balance of the bank reaches 45 hours or less. In addition, employees may donate any annual time that they would otherwise lose at the end of the fiscal year. Sick leave is not eligible to be donated. Days remaining in the Catastrophic Leave Bank at the end of a fiscal year will be carried over to the next fiscal year. All donations are anonymous. For a donation form, please contact the Director of Finance and Administration. Individual employees with a catastrophic injury or illness are eligible to request up to 80 hours of leave bank benefits per fiscal year, if they have exhausted all other annual and sick time and are not receiving long term disability benefits. Employees receiving shortterm disability benefits may apply for catastrophic leave benefits up to 100 percent of their usual pay. To make a request, please contact the Executive Director. All requests for use of the Catastrophic Leave Bank must be submitted to the Executive Director. The Executive Director will consider the number of days in the bank, the number of pending requests and the nature and duration of the illness or injury before making a decision. An employee may appeal the decision of the Executive Director by requesting a meeting with the Board of Trustees. The decision made by the Board of Trustees is final.

Leaves of Absence After completing an initial 520 hours of continuous service, an employee may request a leave of absence of not more than 12 weeks in duration with the approval of the Executive Director. The following are summaries of the types of leave available. Please speak with the Executive Director for more information about your specific need.

Family Medical Leave Up to 12 weeks of unpaid, job-protected leave is available to care for the employee’s child after birth, or placement for adoption or foster care. Leave may also include care for an employee's spouse/ partner, son or daughter, or parent who has a serious health condition or for the serious health condition of the employee. An employee granted a medical leave will be required to furnish an explanation of the nature and expected duration of the 26


medical condition for which the leave is requested and/or a release to return to work from his/her physician. Accrued sick leave and annual leave must be taken first. Employees are encouraged to enroll in the DLC’s short & long term disability programs. Benefits will continue to accrue during family medical leave. Family medical leave must be approved by the Executive Director before the leave period starts.

General Uncompensated Leave Leave of absence without pay will be granted at the discretion of the Executive Director. The employee does not accrue vacation leave or sick leave, nor does he or she retain his or her insurance or retirement. The ability of the DLC and any specific program to sustain the absence of the employee and the length of the leave will be the primary consideration of the Executive Director.

Bereavement Leave Employees may have necessary time off to make funeral arrangements and to attend the funeral of a spouse, child, parent, parent-in-law, sibling, sibling-in-law, or domestic partner. Full-time employees are paid up to three days of regular (non-overtime) pay for bereavement unless on vacation or a leave of absence at the time. Bereavement leave is not restricted to one death per year but cannot exceed 5 days per year. Employees may donate annual leave to provide additional bereavement leave to a fellow employee. The Executive Director must approve leave requests.

Military Leave The DLC grants leaves of absence required for military service in accordance with applicable laws.

Jury Duty An employee shall be given time off at full pay without loss of sick leave or vacation leave when performing jury duty or when subpoenaed to appear before a court or other public authority as an act of service. He or she shall be required to disclose any remuneration he or she may receive for such service and shall have his or her pay reduced by this amount.

Sabbatical Leave Purpose The purpose of the Sabbatical leave benefit is to promote and reward long-term tenure and the renewal and refreshment of staff. Sabbatical leave activities should relate to an employee’s professional expertise or interest and may include study, research, reflection, skill-building, networking or other activities that enhance the overall professional development of the employee and the mission of the DLC.

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Eligibility Sabbatical leave becomes available to employees of Disability Law Center who have completed at least seven years of employment with the agency. Once sabbatical has been taken, the employee is not eligible for another seven years.

Approval Sabbatical leave may only be granted pursuant to a written plan and application, which is approved by the Executive Director (or, in the case of sabbatical by the Executive Director, approved by the Board of Trustees). The application must clearly explain how the employee’s duties will be carried out during the sabbatical leave, and is generally due before the beginning of the fiscal year (October 1). If an employee’s absence would leave a program unable to meet its commitments, the sabbatical may be denied or delayed. Employees will have the option to appeal to the board if an application is denied. To avoid hardship on other employees no more than one employee of the DLC will be permitted on sabbatical leave at any time without Executive Director approval. In the event of multiple applications, preference will be given according to seniority and/or those projects that will enhance the employee’s role in furthering the mission of the DLC. Consideration will also be made if an event (i.e. a conference or class) is only available within a limited timeframe.

Conditions Sabbatical leave will be paid at 50% of regular salary and must be mission related. Sabbatical may be granted for up to twelve calendar weeks. Part-time sabbatical leave may be requested, provided the leave is less than or equal to 480 hours (the equivalent of 12 weeks at 40 hours per week). The leave will be unpaid if the sabbatical leave is extended beyond the agreed length. Please refer to the General Uncompensated Leave policy for non-mission related leave. The DLC will consider reimbursement for workrelated expenses (such as travel, lodging, meals, conference registration fees, tuition, materials, etc.) If applicable, a detailed budget of anticipated expenses should be included in the application. In general, employees on sabbatical leave may not engage in any paid employment, full or part time, during the sabbatical, but may volunteer or serve in a capacity similar to an intern in another agency. See Outside Employment Policy for guidance. Annual or sick leave may not be used to increase the length of sabbatical leave, but the employee can use annual leave to supplement salary during the sabbatical leave. Accrual of annual and sick leave will accrue at 50% in line with salary. Employees who resign from DLC within 1 year of the completion of a sabbatical leave will be required to reimburse the agency for salary paid during the sabbatical leave. The Executive Director may waive all or part of this reimbursement requirement under extenuating circumstances, such as personal hardship, or when it is determined to be in the best interest of DLC. DLC will continue to pay health insurance costs for an employee 28


on sabbatical, subject to the repayment requirement listed above. The employee will continue to pay the standard portion of the premium. After completion of the sabbatical, the employee will submit a written report to the Executive Director and Board describing the activities, benefits, and outcomes of the sabbatical. The employee may also be requested to provide such information to other staff as part of a staff meeting, in-service training, or similar format.

Expense Reimbursement All DLC staff are reimbursed for work-related automobile travel at 45 cents a mile. Actual costs of public transportation will be reimbursed with prior approval of the Executive Director. Public transportation will also be reimbursed when used for the purpose of a work-related accommodation. For example, a staff person who is blind may need to take a cab to court. If an overnight stay is required for business travel, the DLC will reimburse the employee the receipted actual expenses for lodging. See the Travel Section for more information on lodging. The per diem for meals is $45 (breakfast $10, lunch $15, dinner $20) per day out-of-state and $30 (breakfast $5, lunch $10, dinner $15) in-state. Employees traveling within state will receive reimbursement for breakfast if the travel begins before 7 am and reimbursement for dinner if travel extends beyond 6 p.m. Alcohol may not be purchased with DLC funds. Due to the limited budget of the DLC, staff are requested to keep their expenses as limited as possible. All travel expenses are approved prior to the trip being taken. See Director of Finance and Administration for current reimbursement rate. Requests for reimbursements should include all receipts, except for meals, meter parking and public transportation. Staff may request an advance for the per diem for meals and anticipated public transportation, such as an airport van. All reimbursements for travel must indicate the purpose of the trip on the expense form.

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Section VIII Employee Responsibilities Standards of Conduct and Performance The DLC has formed certain standards of conduct to ensure a well-run and pleasant working environment for its employees and to ensure high quality services for its clients. If these standards are violated, the DLC will take the disciplinary action it deems appropriate. Discipline may take the form of a friendly reminder, a counseling session, verbal or written warning, a performance appraisal indicating substandard performance in one or more areas and a requirement for performance improvement, probation, suspension or termination, depending on the seriousness of the situation. Senior Management and/or the Executive Director will make the sole evaluation of the seriousness of an offense. In addition to performance deficiencies, conduct that may result in disciplinary action up to and including termination may include but is not limited to the following:           

Repeated or excessive absences that interfere with job performance or agency functioning, tardiness and/or failure to keep appointments or finish work assignments. Violations and/or non-compliance with the DLC’s policies, procedures, and/or requirements for employment. Misconduct which includes any behavior that obstructs or impedes the quality of services of the operation of the DLC, jeopardizes the position and/or funding of the DLC, or is considered unacceptable activity on the job. Any dishonest act or unauthorized possession of clients’ or employees’ property, funds or work time. Falsification (including omission of material facts) of employment application or any other employment-related information or failure to provide required documents for initial or continued employment. Misrepresentation of reasons for applying for a leave of absence or sick/medical leave. Failure to report errors or accidents. Unauthorized release of confidential information. Being under the influence of and/or possession of alcohol and/or drugs on DLC property or during work hours. Actual or threatened violence toward another employee, client, volunteer or visitor. Possessing or bringing firearms and/or weapons onto DLC property.

The purpose of discipline is to preserve good conditions for employees and encourage responsibility. These disciplinary guidelines do not create any contractual right to any of the disciplinary procedures described. Employment is voluntary for both you and the DLC. Nothing should be misconstrued as a guarantee of employment or granting a vested 30


interest or right to a job. Having a job is a privilege extended voluntarily to you by the DLC and accepted by you on that same basis. This means that you or the DLC may terminate the employment relationship at any time for any reason not prohibited by law.

Acceptance of Gifts or Gratuities Employees and members of the employee's immediate family are prohibited from accepting monetary gifts in any amount from:   

Persons receiving benefits or services from the DLC; Any person or entity performing services under contract with the DLC; Any person or entity that is otherwise in a position to benefit from the actions or inaction of a DLC employee.

Employees may accept unsolicited incidental or token gifts from clients, or persons or entities performing services under contract with the DLC, if they are of minor value (less than $50).

Attendance and Tardiness Regular attendance is essential to the smooth operation of the DLC in meeting the needs of the clients, and creating community support for the agency. Prompt attendance and letting fellow employees know when you will be in the office shows respect to fellow employees. In the event that an employee will be absent or tardy for a scheduled workday, he/she should call his/her supervisor with as much notice as possible. While legitimate circumstances may cause an employee to miss work, absenteeism and/or tardiness that the DLC determines is excessive or chronic may result in disciplinary action up to and including termination.

Smoking The Community Legal Center is a smoke-free environment. Staff are asked to comply with the rules of building management that restrict smoking to outside areas. Employees wishing assistance in quitting smoking are encouraged to take part in smoking cessation classes sponsored by the American Lung Association and/or activities provided through our insurance program.

The DLC is a Drug-Free Workplace The use of drugs and alcohol in the workplace presents a significant safety risk to clients, employees and others. It also threatens the quality of services and is a business liability. The misuse of drugs and alcohol by employees can lead to absenteeism, unreliability, decreased productivity and work performance, impaired judgment, and poor health.

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The DLC is committed to maintain a safe and healthy work environment. To that end, and in accordance with the Drug Free Workplace Act of 1988, the DLC certifies and establishes a policy that it will maintain a drug-free workplace for all employees. The unlawful manufacture, distribution, dispersion, possession, or use of a controlled substance (as defined in state and federal law) is prohibited in the workplace and by any employee during his/her working hours wherever he/she may be. The main office of the DLC located at 205 North 400 West and any satellite office located anywhere within the state of Utah are considered workplaces for the purposes of this policy. Additionally, coming to work intoxicated or under the influence of drugs is not acceptable. Employees must notify the DLC in writing within five (5) calendar days if they are convicted (including any plea of "nolo contendere") of violating any state or federal criminal drug control law as a result of their activity in any DLC office or otherwise in the course of their employment. The DLC will notify all our federal funders in writing within 10 calendar days after receiving notice) from an employee or otherwise receiving actual notice of any conviction of any criminal drug offense related to the workplace. Notice shall include the employee’s position title and the identification number(s) of each affected grant. When an employee is convicted of a drug-related violation in the workplace, within 30 calendar days one of three appropriate personnel actions will be taken against such an employee, (1) termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; (2) placement on a plan of correction, or (3) requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purpose by a federal, state, or local health, law enforcement, or other appropriate agency. The DLC will make available to any employee requesting or in need of assistance, a drug awareness program to provide information regarding the dangers of drug abuse in the workplace. If an employee is in need of assistance or information, please contact the Executive Director. Any employee’s request for information or assistance will be treated with strict confidentiality. To emphasize the importance of maintaining a drug-free workplace, the DLC will conduct a semi-annual alcohol and drug training. The training will include a discussion of this policy, the dangers of drug use in the workplace, the penalties that may be imposed for violations of this policy, and information about counseling, rehabilitation, employee assistance programs, and health insurance coverage of drug abuse problems. Abiding by this drug free workplace policy is a condition of employment. Any violation of this drug free workplace policy will result in disciplinary action up to and including termination.

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Dress Code It is management’s intent that work attire should complement an environment that reflects an efficient, orderly, and professionally operated organization. All DLC employees should use discretion in wearing attire that is appropriate to the situation and whether they will be interacting with members of the public or the courts, including clients, board members, and other visitors. The key point to sustaining an appropriate work attire program is the use of common sense and good judgment, and applying a dress practice that the DLC deems conducive to our work environment.

Contact with Media Do not contact the media about any DLC related topic without first obtaining approval from the Community Relations Specialist. If a representative of the media approaches a staff member, they should refer the reporter to the Community Relations Specialist. In his or her absence please contact the Executive Director or Managing Attorney.

Legislative Advocacy Work The DLC is called on to provide expert testimony and guidance to the legislature, legislative counsel, fiscal analysts and others involved in the legislative process. This work is allowed under federal mandates, however, there are very complex regulations regarding these activities. The Executive Director serves as the lead on all legislative advocacy work, though other staff are valued and important partners in this area. Because of the sensitive, complex and rapidly changing nature of this type of advocacy, the DLC has adopted a clear policy regarding legislative communication. 1. The Executive Director must approve all committee presentations, requests for testimony, etc. He/she will determine who is the appropriate person to speak to the issue, and consult with appropriate staff to develop and approve any written or verbal testimony. 2. All legislative advocacy, including specific bills, attending appropriations hearings, etc. must have a project assigned to them on the DAD system. Time must be billed to unrestricted funding sources to avoid any use of Federal Funds for activities that involve influencing proposed or pending Federal or State legislation or appropriation(s). These should be assigned to the Public Policy Team and approved by the Executive Director prior to work being initiated. 3. All press calls and press releases continue to be triaged by the Director of Community Relations during the Legislative Session. However, during this time it is also imperative that press releases and statements be reviewed and approved by the Executive Director whenever possible. The Executive Director has the authority to speak to members of the press during the session without prior approval of the Community Relations Specialist. It is also understood that press may ask clarifying questions of staff following their testimony. 33


4. An employee of the DLC who wishes to speak to an issue as an individual citizen must make the Executive Director aware of their doing so and state for the record in committee that their testimony does not reflect the policy nor the mission of the DLC. They must use annual leave for all time associated with the presentation. In some cases this may create a conflict that may make it impossible to allow an employee to speak on certain issues. 5. No DLC funds, public or private, may be used to produce or distribute materials in support of or against any candidate for public office. Violation of this policy may result in discipline up to and including termination.

Use of E-mail and Internet DLC e-mail, computer, internet, fax, and voice mail systems are DLC property. These systems, and the information they contain, are provided to employees as a business communication tool for appropriate internal and external business uses. Although the DLC does not intend to monitor the content of electronic mail messages, the company reserves the right to copy, monitor, review, and download any communication or files you create or maintain on these systems. Therefore, employees should have no expectation that their electronic mail messages are private. However, no other employees may monitor or access e-mail messages of another user. All company policies -- including but not limited to policies concerning confidentiality, harassment and compliance with equal employment laws -- apply to the use of electronic mail. Personal use should be limited and should not interfere with assigned work duties or be disruptive to co-workers. Employees who spend excessive time on personal use of these resources may be subject to discipline up to and including termination. If you have any questions about specific situations, please check with your supervisor. We expect you to use good judgment in your use of our company's systems. Notify your supervisor immediately if you receive, or know of anyone else who receives, unsolicited offensive materials or communications on any of these systems. Your understanding, consent, and agreement to comply with these policies is a condition of your employment with the DLC. All employees are required to sign an Internet and Email usage form .Failure or refusal to abide by these rules or to consent to any lawful monitoring, interception, copying, reviewing, or downloading of any communications or files can be grounds for discipline, up to and including termination.

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Section IX Employee Status Change or Separation Change in Position The opportunity to change positions is available to all employees based on individual qualifications and availability of other open positions. A change in roles may be accompanied by a salary increase. Such increases will be effective the date the higher position is assumed. The DLC tries to fill positions with the most qualified individuals, which may be internal or external candidates. All open positions will be posted internally.

Termination The DLC recognizes the following types of termination of employment: Dismissal Dismissal is the termination of an employee by the DLC. Resignation All exempt employees are encouraged to submit a letter of resignation indicating the effective date of resignation to the Executive Director not less than three (3) to six (6) weeks before the planned date of departure. For the benefit of clients and fellow employees, the advocate and attorney is also asked to take the following steps with respect to his/her open caseload prior to leaving:  

Review each case and prepare a written memorandum to be inserted into the respective case file describing the status of the case and the steps remaining to be taken. Prepare a caseload summary listing the cases in alphabetical order by client names, including the nature of the case, the agency or court, if any, where matter is pending, the status, including timeliness, and whether the case requires immediate priority. Take all other actions required by the Utah Code of Professional Responsibility to protect any client’s interests.

All non-exempt employees are encouraged to submit a letter of resignation indicating the effective date of termination to the Executive Director not less than two (2) weeks before the employee intends to leave the DLC.

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Separation Pay/Benefits Upon termination of employment at the DLC, an employee is entitled to the following separation pay:  

Any accrued vacation hours up to 240 hours converted to the employee's base pay rate, and Any time worked up to and including the day of termination of employment.

Open Door Policy The Executive Director maintains an open door policy and encourages staff with concerns about their employment to discuss these concerns. Employees are urged to take any problem or concern about any term or condition of employment to his/her immediate supervisor or the Executive Director in order to provide them an opportunity to review and resolve the situation.

Exit Interviews All employees terminating from the DLC are encouraged to have an exit interview with the Executive Director and/or Managing Attorney to determine what steps must be taken to close or transfer cases and project assignments, and to make arrangements regarding issuance of final paycheck and return property to the DLC including keys, and to provide feedback on their overall experience at the DLC.

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ACKNOWLEDGMENT I have received a copy of the DLC Employee Manual on ____________________________. I agree to be responsible to read and understand it. I agree to comply with the policies contained in this handbook. I understand the handbook only provides an overview, that it does not necessarily contain all company practices and policies. I agree that if there is any policy or provision in the handbook that I do not understand, I will seek clarification from my immediate supervisor or the Executive Director. I understand this handbook supersedes policies issued prior to this date and is subject to future change without notice. I acknowledge that this handbook is not a contract of employment. I understand my employment is not for any fixed term, is completely voluntary both for the DLC and me, and may be terminated either by me or the DLC at any time for any reason not prohibited by law. No supervisor or manager, except the Executive Director (who can only do so in writing) has any authority to make any promise or agreement to the contrary. A copy of this acknowledgment is kept in the employee file.

______________________________________ Employee Name (please print)

__________________________ Employee Signature Remove this sheet and place in employee’s personnel file.

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DLC TEST