Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
November 1, 2009
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook TABLE OF CONTENTS INTRODUCTORY STATEMENT.......................................................................................2 EMPLOYEE ACKNOWLEDGEMENT FORM...................................................................3 CUSTOMER RELATIONS.................................................................................................4 101 Nature of Employment................................................................................................5 102 Employee Relations....................................................................................................6 103 Equal Employment Opportunity..................................................................................7 104 Business Ethics and Conduct.....................................................................................8 105 Personal Relationships in the Workplace ..................................................................9 106 Employee Medical Examinations.............................................................................10 107 Immigration Law Compliance...................................................................................11 108 Conflicts of Interest...................................................................................................12 109 Outside Employment................................................................................................13 110 Non-Disclosure.........................................................................................................14 201 Employment Categories...........................................................................................15 202 Access to Personnel Files........................................................................................16 203 Employment Reference Checks...............................................................................17 204 Personnel Data Changes.........................................................................................18 205 Introductory Period...................................................................................................19 206 Employment Applications.........................................................................................20 207 Performance Evaluation...........................................................................................21 208 Job Descriptions.......................................................................................................22 209 Salary Administration................................................................................................23 301 Employee Benefits....................................................................................................24 302 Holidays....................................................................................................................25 303 Workers' Compensation Insurance..........................................................................26 304 Time Off to Vote........................................................................................................27 305 Bereavement Leave.................................................................................................28 306 Jury Duty...................................................................................................................29 307 Witness Duty.............................................................................................................30 308 Educational Assistance............................................................................................31 309 Paid Time Off (PTO).................................................................................................32 November 1, 2009
Page i
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook 401 Timekeeping.............................................................................................................34 402 Paydays....................................................................................................................35 403 Employment Termination..........................................................................................36 404 Administrative Pay Corrections................................................................................37 405 Pay Deductions.........................................................................................................38 406 Hardship Loan (Pay Advance)..................................................................................39 501 Safety........................................................................................................................41 502 Use of Phone and Mail Systems .............................................................................42 503 Smoking....................................................................................................................43 504 Rest and Meal Periods ............................................................................................44 505 Use of Equipment and Vehicles ..............................................................................45 506 Business Travel Expenses.......................................................................................46 507 Visitors in the Workplace..........................................................................................47 508 Electronic Information and Communication..............................................................48 509 Workplace Violence Prevention................................................................................51 510 Cell Phone Usage.....................................................................................................54 601 Family and Medical Leave........................................................................................56 602 General Leave..........................................................................................................61 603 Military Leave............................................................................................................62 701 Employee Conduct and Work Rules........................................................................63 702 Sexual and Other Unlawful Harassment..................................................................65 703 Attendance and Punctuality......................................................................................67 704 Return of Property....................................................................................................68 705 Resignation...............................................................................................................69 706 Security Inspections..................................................................................................70 707 Solicitation and Distribution......................................................................................71 708 Substance Abuse......................................................................................................72
November 1, 2009
Page ii
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
WELCOME NEW EMPLOYEE! On behalf of your colleagues, I welcome you to ILS and wish you every success here. We believe that each employee contributes directly to ILS's growth and success, and we hope you will take pride in being a member of our team. This handbook was developed to describe some of the expectations of our employees and to outline the policies, programs, and benefits available to eligible employees. Employees should familiarize themselves with the contents of the employee handbook as soon as possible, for it will answer many questions about employment with ILS. We hope that your experience here will be challenging, enjoyable, and rewarding. Again, welcome! Sincerely,
Lee Borck -- CEO Andrew Murphy -- COO
November 1, 2009
Page 1
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
INTRODUCTORY STATEMENT This handbook is designed to acquaint you with ILS and provide you with information about working conditions, employee benefits, and some of the policies affecting your employment. You should read, understand, and comply with all provisions of the handbook. It describes many of your responsibilities as an employee and outlines the programs developed by ILS to benefit employees. One of our objectives is to provide a work environment that is conducive to both personal and professional growth. Please note that employee benefits are more accurately described in the ILS benefit plan description(s) which are reviewed and modified as the need arises. If there are any differences between the Handbook and the ILS benefit plan description(s), the benefit plan description(s) prevails. No employee handbook can anticipate every circumstance or question about policy. As ILS continues to grow, the need may arise and ILS reserves the right to revise, supplement, or rescind any policies or portion of the handbook from time to time as it deems appropriate, in its sole and absolute discretion. The only exception to any changes is our employment-at-will policy permitting you or ILS to end our relationship for any reason at any time. Employees will, of course, be notified of such changes to the handbook as they occur; however, advance notice may not always be possible. This Handbook is NOT A CONTRACT. The policies and procedures contained herein constitute guidelines only. They should not be construed as a guarantee of employment for any specific period of time, for any specific type of work, or for any specific term. You have the right to terminate your employment at any time, with or without cause, and with or without notice. ILS reserves the same right and thus, may terminate your employment at any time, with or without cause, and with or without notice.
November 1, 2009
Page 2
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
EMPLOYEE ACKNOWLEDGEMENT FORM The employee handbook describes important information about ILS, and I understand that I should consult the Human Resources Director regarding any questions not answered in the handbook. I have entered into my employment relationship with ILS voluntarily and acknowledge that there is no specified length of employment. I agree that my employment is “at will” and that either I or ILS can terminate the relationship at any time, with or without cause, and with or without notice. Since the information, policies, and benefits described here are necessarily subject to change, I acknowledge that revisions to the handbook may occur, except to ILS's policy of employment-at-will. All such changes will be communicated through official notices, and I understand that revised information may supersede, modify, or eliminate existing policies. Only the chief executive officer of ILS has the ability to adopt any revisions to the policies in this handbook. I hereby acknowledge the receipt of the ILS handbook. Furthermore, I acknowledge that this handbook is neither a contract of employment nor a legal document. I have received the handbook, and I understand that it is my responsibility to read and comply with the policies contained in this handbook and any revisions made to it. I acknowledge that I have read and understand ILS’s policy prohibiting unlawful discrimination or harassment and the procedures for reporting such discrimination as harassment. EMPLOYEE'S NAME (printed): _______________________________________________ EMPLOYEE'S SIGNATURE: _________________________________________________ DATE: __________________________________
November 1, 2009
Page 3
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
CUSTOMER RELATIONS Customers are among our organization's most valuable assets. Every employee represents ILS to our customers and the public. The way we do our jobs presents an image of our entire organization. Customers judge all of us by how they are treated with each employee contact. Therefore, one of our first business priorities is to assist any customer or potential customer. Nothing is more important than being courteous, friendly, helpful, and prompt in the attention you give to customers. Customers who wish to lodge specific comments or complaints should be directed to the Location Manager for appropriate action. Our personal contact with the public, our manners on the telephone, and the communications we send to customers are a reflection not only of ourselves, but also of the professionalism of ILS. Positive customer relations not only enhance the public's perception or image of ILS, but also pay off in greater customer loyalty and increased sales and profit.
November 1, 2009
Page 4
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
101 Nature of Employment Effective Date: 11/01/2009 Revision Date:
Employment with ILS is voluntarily entered into, and the employee is free to resign at will at any time, with or without cause. Similarly, ILS may terminate the employment relationship at will at any time, with or without notice or cause, so long as there is no violation of applicable federal or state law. Policies set forth in this handbook are not intended to create a contract, nor are they to be construed to constitute contractual obligations of any kind or a contract of employment between ILS and any of its employees. The provisions of the handbook have been developed at the discretion of management and, except for its policy of employment-at-will, may be amended or cancelled at any time, at ILS's sole discretion. These provisions supersede all existing policies and practices and may not be amended or added to without the express written approval of the chief executive officer of ILS.
November 1, 2009
Page 5
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
102 Employee Relations Effective Date: 11/01/2009 Revision Date:
ILS prefers to deal with all employees directly and as individuals. We believe there is opportunity for all of us to grow and prosper together. In our opinion, this can best be accomplished in an atmosphere of truth and direct communication that is not hampered by outside third parties such as labor unions. We believe that our employees prefer being treated as individuals, therefore, ILS is a non-union employer and intends to remain so. We also believe that in order to provide quality services and products to our customers on a reliable and continuous basis without the threat of work stoppages, ILS needs to maintain this status. ILS believes that the work conditions, wages, and benefits it offers to its employees are competitive with those offered by other employers in this area and in this industry. We intend to accomplish this goal without any employee having to pay dues or fees to an outside third party. ILS will actively oppose, within the boundaries of the law, any attempt to limit our employees’ guaranteed federal right to deal directly with supervisors and management. Before you sign any document, such as an authorization card, and give up your individual rights, we hope you will consider all the facts. If union representatives ever approach you, we ask that you take the time to consider the motives of the person, and make every effort to obtain the whole truth. You should feel free to seek advice and information from the Human Resources Director regarding any question you may have on this important subject. If employees have concerns about work conditions or compensation, they are strongly encouraged to voice these concerns openly and directly to their supervisors. Our experience has shown that when employees deal openly and directly with supervisors, the work environment can be excellent, communications can be clear, and attitudes can be positive. We believe that ILS amply demonstrates its commitment to employees by responding effectively to employee concerns.
November 1, 2009
Page 6
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
103 Equal Employment Opportunity Effective Date: 11/01/2009 Revision Date:
In order to provide equal employment and advancement opportunities to all individuals, employment decisions at ILS will be based on merit, qualifications, and abilities. ILS does not discriminate in employment opportunities or practices on the basis of race, color, religion, sex, national origin, age, pregnancy, military status, disability, or any other characteristic protected by applicable local, state, or federal law. This policy applies to all terms, conditions, and privileges of employment. Any employee who feels he or she is a victim of discrimination has a responsibility to report this fact to their immediate supervisor or the Human Resources Director. Employees can raise concerns and make reports without fear of reprisal. Anyone found to be engaging in any type of unlawful discrimination will be subject to disciplinary action, up to and including termination of employment.
November 1, 2009
Page 7
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
104 Business Ethics and Conduct Effective Date: 11/01/2009 Revision Date:
The successful business operation and reputation of ILS is built upon the principles of fair dealing and ethical conduct of our employees. Our reputation for integrity and excellence requires careful observance of the spirit and letter of all applicable laws and regulations, as well as a scrupulous regard for the highest standards of conduct and personal integrity. The continued success of ILS is dependent upon our customers' trust and we are dedicated to preserving that trust. Employees owe a duty to ILS, its customers, and shareholders to act in a way that will merit the continued trust and confidence of the public. ILS will comply with all applicable laws and regulations and expects its directors, officers, and employees to conduct business in accordance with the letter, spirit, and intent of all relevant laws and to refrain from any illegal, dishonest, or unethical conduct. In general, the use of good judgment, based on high ethical principles, will guide you with respect to lines of acceptable conduct. If a situation arises where it is difficult to determine the proper course of action the matter should be discussed openly with your immediate supervisor and, if necessary, with the Human Resources Director for advice and consultation. Compliance with this policy of business ethics and conduct is the responsibility of every ILS employee. Disregarding or failing to comply with this standard of business ethics and conduct could lead to disciplinary action, up to and including possible termination of employment.
November 1, 2009
Page 8
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
105 Personal Relationships in the Workplace Effective Date: 11/01/2009 Revision Date:
The employment of relatives or individuals involved in a dating relationship in the same area of an organization may cause serious conflicts and problems with favoritism and employee morale. In addition to claims of partiality in treatment at work, personal conflicts from outside the work environment can be carried over into day-to-day working relationships. For purposes of this policy, a relative is any person who is related by blood or marriage, or whose relationship with the employee is similar to that of persons who are related by blood or marriage. A dating relationship is defined as a relationship that may be reasonably expected to lead to the formation of a consensual "romantic" or sexual relationship. This policy applies to all employees without regard to the gender of the individuals involved. Relatives of current employees may not occupy a position that will be working directly for or supervising their relative. Individuals involved in a dating relationship with a current employee may also not occupy a position that will be working directly for or supervising the employee with whom they are involved in a dating relationship. ILS also reserves the right to take prompt action if an actual or potential conflict of interest arises involving relatives or individuals involved in a dating relationship who occupy positions at any level (higher or lower) in the same line of authority that may affect the review of business decisions. If a relative relationship or dating relationship is established after employment between employees who are in a reporting situation described above, it is the responsibility and obligation of the supervisor involved in the relationship to disclose the existence of the relationship to management. The individuals concerned will be given the opportunity to provide input on the decision about who is to be transferred to another available position. In other cases where a conflict or the potential for conflict arises because of the relationship between employees, even if there is no line of authority or reporting involved, the employees may be separated by reassignment or terminated from employment. Employees in a close personal relationship should refrain from public workplace displays of affection or personal conversation.
November 1, 2009
Page 9
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
106 Employee Medical Examinations Effective Date: 11/01/2009 Revision Date:
To help ensure that employees are able to perform their duties safely, medical examinations may be required. After an offer has been made to an applicant entering a designated job category, a medical examination will be performed at ILS's expense by a health professional of ILS's choice. The offer of employment and assignment to duties is contingent upon satisfactory completion of the exam. Information on an employee's medical condition or history will be kept separate from other employee information and maintained confidentially. Access to this information will be limited to those who have a legitimate need to know.
November 1, 2009
Page 10
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
107 Immigration Law Compliance Effective Date: 11/01/2009 Revision Date:
ILS is committed to employing only individuals who are authorized to work in the United States and does not unlawfully discriminate on the basis of citizenship or national origin. In compliance with the Immigration Reform and Control Act of 1986, each new employee, as a condition of employment, must complete the Employment Eligibility Verification Form I-9 and present documentation establishing identity and employment eligibility. Former employees who are rehired must also complete the form if they have not completed an I-9 with ILS within the past three years, or if their previous I-9 is no longer retained or valid.
November 1, 2009
Page 11
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
108 Conflicts of Interest Effective Date: 11/01/2009 Revision Date:
Employees have an obligation to conduct business within guidelines that prohibit actual or potential conflicts of interest. This policy establishes only the framework within which ILS wishes the business to operate. The purpose of these guidelines is to provide general direction so that employees can seek further clarification on issues related to the subject of acceptable standards of operation. Contact the Location Manager for more information or questions about conflicts of interest. An actual or potential conflict of interest occurs when an employee is in a position to influence a decision that may result in a personal gain for that employee or for a relative as a result of ILS's business dealings. For the purposes of this policy, a relative is any person who is related by blood or marriage, or whose relationship with the employee is similar to that of persons who are related by blood or marriage. No "presumption of guilt" is created by the mere existence of a relationship with outside firms. However, if employees have any influence on transactions involving purchases, contracts, or leases, it is imperative that they disclose to an officer of ILS as soon as possible the existence of any actual or potential conflict of interest so that safeguards can be established to protect all parties. Personal gain may result not only in cases where an employee or relative has a significant ownership in a firm with which ILS does business, but also when an employee or relative receives any kickback, bribe, substantial gift, or special consideration as a result of any transaction or business dealings involving ILS. Employees may not, without ILS giving prior authorization, accept gifts, gratuities, free trips, personal property or other items from an outside person or organization as an inducement to purchase or provide services or merchandise. Furthermore, employees may not earn profit from outside business interests or outside employment which directly result from their affiliation with ILS.
November 1, 2009
Page 12
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
109 Outside Employment Effective Date: 11/01/2009 Revision Date:
Employees may hold outside jobs as long as they meet the performance standards of their job with ILS. All employees will be judged by the same performance standards and will be subject to ILS's scheduling demands, regardless of any existing outside work requirements. Employees who are on leave of absence including FMLA leave or Workers’ Compensation leave are prohibited from having outside employment during their leave. ILS must be aware in advance of any outside employment or business interests an employee may have to determine whether it presents a potential conflict of interest. Serving on any board or commission qualifies as employment for purposes of this policy, regardless of whether such service is compensated. If ILS determines that an employee's outside work interferes with performance or the ability to meet the requirements of ILS as they are modified from time to time, the employee may be asked to terminate the outside employment if he or she wishes to remain with ILS. Outside employment that constitutes a conflict of interest is prohibited. Employees may not receive any income or material gain from individuals outside ILS for materials produced or services rendered while performing their jobs.
November 1, 2009
Page 13
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
110 Non-Disclosure Effective Date: 11/01/2009 Revision Date:
Information that pertains to the Company’s business, including all non-public information concerning the Company, its customers, vendors, and suppliers, is strictly confidential and must not be given to people who are not employed by the Company. Every effort must be made to protect confidential information ─ which may include, for example, compensation data, computer processes, computer programs and codes, customer lists, financial information, marketing strategies, new materials research, pending projects and proposals, research and development strategies, technological data, technological prototypes, and Company financial information by taking the following precautionary measures: 1. Discuss confidential work matters only with other Company employees who have a specific business reason to know or have access to such information; 2. Do not discuss confidential work matters in public places; 3. Monitor and supervise visitors to the Company’s facilities to ensure that they do not have access to confidential information; 4. Destroy hard copies of documents containing confidential information that has already been filed or archived; 5. Secure confidential information in locked desk drawers and cabinets at the end of every business day. Employee compliance with this policy is particularly important because of our obligation to protect the security of our customers’ and own confidential information. If at any time you are uncertain as to whether you can properly divulge information or answer questions, please consult your immediate supervisor.
November 1, 2009
Page 14
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
201 Employment Categories Effective Date: 11/01/2009 Revision Date:
It is the intent of ILS to clarify the definitions of employment classifications so that employees understand their employment status and benefit eligibility. These classifications do not guarantee employment for any specified period of time. Accordingly, the right to terminate the employment relationship at will at any time is retained by both the employee and ILS. Each employee will belong to one of the employment categories listed below: REGULAR FULL-TIME employees are those who are not in a temporary or introductory status and who are regularly scheduled to work ILS's full-time schedule. PART-TIME employees are those who are not assigned to a temporary or introductory status and who are regularly scheduled to work less than 30 hours per week. A parttime employee is not eligible for employee benefits except where required by local, state, or federal law. TEMPORARY employees are those who are hired as interim replacements, to temporarily supplement the work force, or to assist in the completion of a specific project. Employment assignments in this category are of a limited duration. Employment beyond any initially stated period does not in any way imply a change in employment status. Temporary employees retain that status unless and until notified of a change. A temporary employee is not eligible for employee benefits except where required by local, state, or federal law.
November 1, 2009
Page 15
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
202 Access to Personnel Files Effective Date: 11/01/2009 Revision Date:
ILS maintains a personnel file on each employee. The personnel file includes such information as the employee's job application, resume, records of training, documentation of performance appraisals and salary increases, and other employment records. Personnel files are the property of ILS, and access to the information they contain is restricted. Generally, only supervisors and management personnel of ILS who have a legitimate reason to review information in a file are allowed to do so. Employees who wish to review their own file should contact the Human Resources Director. With reasonable advance notice, employees may review their own personnel files in ILS's offices and in the presence of an individual appointed by ILS to maintain the files. In no case will an employee be allowed to remove items from the employee’s file or take the employee’s file offsite.
November 1, 2009
Page 16
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
203 Employment Reference Checks Effective Date: 11/01/2009 Revision Date:
The Human Resources Director will respond to all reference check inquiries from other employers. Responses to such inquiries will confirm only dates of employment, eligibility for rehire, and position(s) held.
November 1, 2009
Page 17
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
204 Personnel Data Changes Effective Date: 11/01/2009 Revision Date:
It is the responsibility of each employee to promptly notify ILS of any changes in personnel data. Personal mailing addresses, telephone numbers, number and names of dependents, individuals to be contacted in the event of an emergency, educational accomplishments, and other such status reports should be accurate and current at all times. If any personnel data has changed, notify the Human Resources Director.
November 1, 2009
Page 18
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
205 Introductory Period Effective Date: 11/01/2009 Revision Date:
The introductory period is intended to give new employees the opportunity to demonstrate their ability to achieve a satisfactory level of performance and to determine whether the new position meets their expectations. ILS uses this period to evaluate employee capabilities, work habits, and overall performance. During this introductory period, informal employee performance evaluations will be held. Such evaluations will be the basis for determining whether a new employee’s compliance with expectations for ability, attendance, punctuality, and attitude toward customers and co-workers merits retention. All new and rehired employees work on an introductory basis for the first 90 calendar days after their date of hire. Employees who are promoted or transferred within ILS must complete a secondary introductory period of the same length with each reassignment to a new position. Any significant absence, at the sole discretion of ILS, will automatically extend an introductory period by the length of the absence. If ILS determines that the designated introductory period does not allow sufficient time to thoroughly evaluate the employee's performance, the introductory period may be extended for a specified period. Employees not meeting ILS’s expectations will, at ILS’s sole discretion, be released immediately. Employees are employed at will throughout the introductory period, and remain employed at will after completion of the orientation period. Thus, the employment relationship may be terminated at the will of either the employee or ILS, at any time, during or after the introductory period, with or without cause, and with or without notice. In cases of promotions or transfers within ILS, an employee who, in the sole judgment of management, is not successful in the new position can be removed from that position at any time during the secondary introductory period. If this occurs, the employee may be allowed to return to his or her former job or to a comparable job for which the employee is qualified, depending on the availability of such positions and ILS's needs. During the introductory period, new employees are eligible for those benefits that are required by law, such as workers' compensation insurance and Social Security. They may also be eligible for other ILS-provided benefits, subject to the terms and conditions of each benefits program. Employees should read the information for each specific benefits program for the details on eligibility requirements. Employment status is not changed during the secondary introductory period that results from a promotion or transfer within ILS.
November 1, 2009
Page 19
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
206 Employment Applications Effective Date: 11/01/2009 Revision Date:
ILS relies upon the accuracy of information contained in the employment application, as well as the accuracy of other data presented throughout the hiring process and employment. Any misrepresentations, falsifications, or material omissions in any of this information or data may result in the exclusion of the individual from further consideration for employment or, if the person has been hired, termination of employment.
November 1, 2009
Page 20
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
207 Performance Evaluation Effective Date: 11/01/2009 Revision Date:
Supervisors and employees are strongly encouraged to discuss job performance and goals on an informal, day-to-day basis. Formal performance evaluations are conducted at the end of an employee's initial period in any new position. This period, known as the introductory period, allows the supervisor and the employee to discuss the job responsibilities, standards, and performance requirements of the new position. Additional formal performance evaluations are conducted to provide both supervisors and employees the opportunity to discuss job tasks, identify and correct weaknesses, encourage and recognize strengths, and discuss positive, purposeful approaches for meeting goals. These performance-related discussions should cover items such as: • • • • • • • • •
Quality and quantity of work Strengths and areas for improvement Attitude and willingness to work Initiative and team work Attendance Customer Service Problem-solving skills Ongoing professional growth and development Workplace safety compliance
Additional areas may also be reviewed as they relate to an employee’s specific job. Employee reviews provide an important opportunity for collaborative communication. This is a good time for employees to discuss their interests and future goals. ILS is interested in helping employees progress and grow in order to achieve personal as well as work-related goals. The performance of all employees is generally evaluated according to an ongoing 12-month cycle, beginning at the calendar-year end.
November 1, 2009
Page 21
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
208 Job Descriptions Effective Date: 11/01/2009 Revision Date:
ILS makes every effort to create and maintain accurate job descriptions for all positions within the organization. Each description includes a section for: job information; job summary (giving a general overview of the job's purpose); essential duties and responsibilities; supervisory responsibilities; qualifications (including education and/or experience, language skills, mathematical skills, reasoning ability, and any certification required); physical demands; and work environment. ILS maintains job descriptions to aid in orienting new employees to their jobs, identifying the requirements of each position, establishing hiring criteria, setting standards for employee performance evaluations, and establishing a basis for making reasonable accommodations for individuals with disabilities. The Human Resources Director and the hiring manager prepare job descriptions when new positions are created. Existing job descriptions are also reviewed and revised in order to ensure that they are up to date. Job descriptions may also be rewritten periodically to reflect any changes in the position's duties and responsibilities. All employees will be expected to help ensure that their job descriptions are accurate and current, reflecting the work being done. Employees should remember that job descriptions do not necessarily cover every task or duty that might be assigned, and that additional responsibilities may be assigned as necessary. Contact the Human Resources Director if you have any questions or concerns about your job description.
November 1, 2009
Page 22
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
209 Salary Administration Effective Date: 11/01/2009 Revision Date:
The salary administration program at ILS was created to achieve consistent pay practices, comply with federal and state laws, mirror our commitment to Equal Employment Opportunity, and offer competitive salaries within our labor market. Because recruiting and retaining talented employees is critical to our success, ILS is committed to paying its employees equitable wages that reflect the requirements and responsibilities of their positions and are comparable to the pay received by similarly situated employees in other organizations in the area. Compensation for every position is determined by several factors, including the essential duties and responsibilities of the job, and salary survey data on pay practices of other employers. ILS periodically reviews its salary administration program and restructures it as necessary. Merit-based pay adjustments may be awarded in conjunction with superior employee performance documented by the performance evaluation process. Employees should bring their pay-related questions or concerns to the attention of their immediate supervisors, who are responsible for the fair administration of departmental pay practices. The Human Resources Director is also available to answer specific questions about the salary administration program.
November 1, 2009
Page 23
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
301 Employee Benefits Effective Date: 11/01/2009 Revision Date:
Eligible employees at ILS are provided a wide range of insurance and other benefits. These benefits are an important part of your compensation and represent a large financial commitment by ILS. A number of the programs (such as Social Security, workers' compensation, and unemployment insurance) cover all employees in the manner prescribed by law. Benefits eligibility is dependent upon a variety of factors, including employee classification. Your supervisor can identify the programs for which you are eligible. Details of many of these programs can be found elsewhere in the employee handbook. Information and summary communications intended to explain these benefits are furnished to all plan participants and beneficiaries on a timely and continuous basis. ILS reserves the right to modify, amend, or terminate its benefits as they apply to all current, former, and retired employees. The administrator of each benefit plan has the discretionary authority to determine eligibility for benefits and to construe the plan’s terms. Some benefit programs require contributions from the employee, but most are fully paid by ILS.
November 1, 2009
Page 24
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
302 Holidays Effective Date: 11/01/2009 Revision Date:
ILS will grant holiday time off to all employees on the holidays listed below: • • • • • •
New Year's Day (January 1) Memorial Day (last Monday in May) Independence Day (July 4) Labor Day (first Monday in September) Thanksgiving (fourth Thursday in November) Christmas (December 25)
ILS will grant paid holiday time off to all regular, full-time employees immediately upon assignment to an eligible employment classification. Holiday pay will be calculated based on the employee's straight-time pay rate (as of the date of the holiday) times the number of hours the employee would otherwise have worked on that day. A recognized holiday that falls on a Saturday will be observed on the preceding Friday. A recognized holiday that falls on a Sunday will be observed on the following Monday. In order to be eligible for holiday pay, employees are required to work their entire last scheduled workday preceding and their entire first scheduled workday following the holiday, unless otherwise approved in advance by their supervisor. Employees required to work on a holiday will receive their regular pay for working the day and will receive an additional day of pay at their regularly scheduled hours to represent their holiday pay for that day instead of having a day off from work. If a recognized holiday falls during an eligible employee's paid absence (such as vacation or sick leave), holiday pay will be provided instead of the paid time off benefit that would otherwise have applied. If eligible nonexempt employees work on a recognized holiday, they will receive holiday pay plus wages at their straight-time rate for the hours worked on the holiday. Employees on unpaid leaves are not eligible for holiday pay.
November 1, 2009
Page 25
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
303 Workers' Compensation Insurance Effective Date: 11/01/2009 Revision Date:
ILS provides a comprehensive workers' compensation insurance program at no cost to employees. This program covers any injury or illness sustained in the course of employment that requires medical, surgical, or hospital treatment. Employees who sustain work-related injuries or illnesses should inform their supervisor immediately. No matter how minor an on-the-job injury may appear, it is important that it be reported immediately. This will enable an eligible employee to qualify for coverage as quickly as possible. Neither ILS nor the insurance carrier will be liable for the payment of workers' compensation benefits for injuries that occur during an employee's voluntary participation in any off-duty recreational, social, or athletic activity sponsored by ILS.
November 1, 2009
Page 26
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
304 Time Off to Vote Effective Date: 11/01/2009 Revision Date:
ILS encourages employees to fulfill their civic responsibilities by participating in elections. Generally, employees are able to find time to vote either before or after their regular work schedule. If employees are unable to vote in an election during their nonworking hours, ILS will grant up to 1 hour of paid time off to vote. If additional time is needed, the employee may take an additional one hour of unpaid time off to vote. Employees should request time off to vote from their supervisor at least two working days prior to the Election Day. Advance notice is required so that the necessary time off can be scheduled at the beginning or end of the work shift, whichever provides the least disruption to the normal work schedule.
November 1, 2009
Page 27
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
305 Bereavement Leave Effective Date: 11/01/2009 Revision Date:
Employees who wish to take time off due to the death of an immediate family member should notify their supervisor immediately. Up to 3 days of paid bereavement leave will be provided to regular, full-time employees. Bereavement pay is calculated based on the base pay rate at the time of absence and will not include any special forms of compensation, such as incentives, commissions, bonuses, or shift differentials. Bereavement leave will normally be granted unless there are unusual business needs or staffing requirements. Employees may, with their supervisors' approval, use any available paid leave for additional time off as necessary. ILS defines "immediate family" as the employee's spouse, parent, child, sibling, grandparents, or grandchildren; the employee's spouse's parent, child, or sibling; or the employee's child's spouse.
November 1, 2009
Page 28
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
306 Jury Duty Effective Date: 11/01/2009 Revision Date:
ILS encourages employees to fulfill their civic responsibilities by serving jury duty when required. Regular, full-time employees may request up to 12 weeks of paid jury duty leave over any two-year period. Jury duty pay will be calculated on the employee's base pay rate times the number of hours the employee would otherwise have worked on the day of absence. If employees are required to serve jury duty beyond the period of paid jury duty leave, they may use any available paid time off (for example, PTO benefits) or may request an unpaid jury duty leave of absence. PTO and holiday benefits will continue to accrue during unpaid jury duty leave. Employees must show the jury duty summons to their supervisor as soon as possible so that the supervisor may make arrangements to accommodate their absence. Of course, employees are expected to report for work whenever the court schedule permits. Either ILS or the employee may request an excuse from jury duty if, in ILS's judgment, the employee's absence would create serious operational difficulties.
November 1, 2009
Page 29
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
307 Witness Duty Effective Date: 11/01/2009 Revision Date:
ILS encourages employees to appear in court for witness duty when subpoenaed to do so. If employees have been subpoenaed or otherwise requested to testify as witnesses by ILS, such time will be considered working hours. Employees will be granted unpaid time off to appear in court as a witness when requested by a party other than ILS. Employees are free to use any available paid leave benefit (such as personal time off) to receive compensation for the period of this absence. The subpoena should be shown to the employee's supervisor immediately after it is received so that operating requirements can be adjusted, where necessary, to accommodate the employee's absence. The employee is expected to report for work whenever the court schedule permits.
November 1, 2009
Page 30
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
308 Educational Assistance Effective Date: 11/01/2009 Revision Date:
ILS recognizes that the skills and knowledge of its employees are critical to the success of the organization. The educational assistance program encourages personal development through formal education so that employees can maintain and improve job-related skills or enhance their ability to compete for reasonably attainable jobs within ILS. Please keep in mind that while ILS encourages personal development, employees must ensure that all class schedules do not conflict with normal working hours or interfere with the completion of normal assigned job duties. ILS will provide educational assistance to all regular full-time employees. To maintain eligibility, employees must remain on the active payroll and be performing their job satisfactorily through completion of each course. While educational assistance is expected to enhance employees' performance and professional abilities, ILS cannot guarantee that participation in formal education will entitle the employee to automatic advancement, a different job assignment, or pay increases. Employees should contact the Human Resources Director for more information or questions about educational assistance.
November 1, 2009
Page 31
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
309 Paid Time Off (PTO) Effective Date: 11/01/2009 Revision Date:
Paid Time Off (PTO) is an all purpose time-off policy for eligible employees to use for vacation, illness or injury, and personal business. It combines traditional vacation and sick leave plans into one flexible, paid time-off policy. Regular, full-time employees are eligible to earn and use PTO as described in this policy. The amount of PTO that employees receive each year increases with the length of their employment as shown in the following schedule: •
Upon initial eligibility the employee is entitled to 0 PTO days each year.
•
After 1 year of eligible service the employee is entitled to 6 PTO days each year.
•
After 3 years of eligible service the employee is entitled to 12 PTO days each year.
•
After 5 years of eligible service the employee is entitled to 18 PTO days each year.
The length of eligible service is calculated on the basis of a "benefit year." This is the 12-month period that begins when the employee starts to earn PTO. An employee's benefit year may be extended for any significant leave of absence at the sole discretion of ILS. PTO can be used in minimum increments of one-half of one day at a time. Employees who have an unexpected need to be absent from work should notify their direct supervisor before the scheduled start of their workday, if possible. The direct supervisor must also be contacted on each additional day of unexpected absence. To schedule planned PTO, employees should request advance approval from their supervisors. Requests will be reviewed based on a number of factors, including business needs and staffing requirements. PTO is paid at the employee's base pay rate at the time of absence. It does not include overtime or any special forms of compensation such as incentives, commissions, bonuses, or shift differentials. In the event that available PTO is not used by the end of the benefit year, employees will be paid for the unused time bringing the benefit balance to zero. PTO accruals will begin again in the next benefit year.
November 1, 2009
Page 32
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook Upon termination of employment, employees will be paid for unused PTO that has been earned through the last day of work.
November 1, 2009
Page 33
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
401 Timekeeping Effective Date: 11/01/2009 Revision Date:
Accurately recording time worked is the responsibility of every nonexempt (hourly) employee. ILS needs to keep an accurate record of time worked in order to calculate employee pay and benefits. Time worked is all the time actually spent on the job performing assigned duties. Nonexempt employees should accurately record the time they begin and end their work, as well as the beginning and ending time of each meal period. They should also record the beginning and ending time of any split shift or departure from work for personal reasons. Altering, falsifying, tampering with time records, or recording time on another employee's time record may result in disciplinary action, up to and including termination of employment.
November 1, 2009
Page 34
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
402 Paydays Effective Date: 11/01/2009 Revision Date:
All employees are paid based on the payroll schedule at their respective location. Each paycheck will include earnings for all work performed through the end of the previous payroll period. Your applicable work week (the 7-day payroll period) varies by location. Please see your supervisor for this information. In the event that a regularly scheduled payday falls on a day off such as a weekend or holiday, employees will receive pay on the last day of work before the regularly scheduled payday. Employees will have pay directly deposited into their bank accounts when they provide written authorization to ILS. Employees will receive an itemized statement of wages when ILS makes direct deposits into the employee's selected banking establishment(s).
November 1, 2009
Page 35
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
403 Employment Termination Effective Date: 11/01/2009 Revision Date:
Termination of employment is an inevitable part of personnel activity within any organization, and many of the reasons for termination are routine. Below are examples of some of the most common circumstances under which employment is terminated: •
Resignation - voluntary employment termination initiated by an employee.
•
Discharge - involuntary employment termination initiated by the organization.
ILS will generally schedule exit interviews at the time of employment termination. The exit interview will afford an opportunity to discuss such issues as employee benefits, conversion privileges, repayment of outstanding debts to ILS, or return of ILS-owned property. Suggestions, complaints, and questions can also be voiced. Since employment with ILS is based on mutual consent, both the employee and ILS have the right to terminate employment at will, with or without cause, at any time.
November 1, 2009
Page 36
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
404 Administrative Pay Corrections Effective Date: 11/01/2009 Revision Date:
ILS takes all reasonable steps to ensure that employees receive the correct amount of pay in each paycheck and that employees are paid promptly on the scheduled payday. In the unlikely event that there is an error in the amount of pay, the employee should promptly bring the discrepancy to the attention of the Human Resources Director so that corrections can be made as quickly as possible.
November 1, 2009
Page 37
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
405 Pay Deductions Effective Date: 11/01/2009 Revision Date:
The law requires that ILS make certain deductions from every employee's compensation. Among these are applicable federal, state, and local income taxes. ILS also must deduct Social Security taxes on each employee's earnings up to a specified limit that is called the Social Security "wage base." ILS matches the amount of Social Security taxes paid by each employee. ILS offers programs and benefits beyond those required by law. Eligible employees may voluntarily authorize deductions from their paychecks to cover the costs of participation in these programs. If you have questions concerning why deductions were made from your paycheck or how they were calculated, your supervisor can assist in having your questions answered. ILS prohibits wage deductions that are improper under applicable law. With respect to exempt employees, improper salary deductions could include, for example, deductions resulting from variations in the quality or quantity of work, deductions resulting from absences caused by ILS or by ILS’s operating requirements, including when work is not available, or deductions for employee absences of less than one full day. Employees who believe that they have been subject to an improper deduction have an obligation to report this belief to the Human Resources Director. ILS will promptly investigate the circumstances surrounding the deduction and reimburse the employee for any deductions found to be improper. ILS strictly prohibits any form of retaliation against employees who in good faith report alleged improper deductions or against those who cooperate in any investigation regarding such deductions. Complaints regarding alleged retaliation should be made to the Human Resources Director. Employees found to have engaged in retaliation will be subject to discipline, up to and including termination of employment.
November 1, 2009
Page 38
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
406 Hardship Loan (Pay Advance) Effective Date: 5/26/09 Revision Date:
All regular full-time employees are eligible for an employee hardship loan (payroll advance) after the completion of one year of active employment. The employee must be in good standing with the company. Employee payroll advances are available in the event of a personal financial crisis. Regular full-time employees may request an interest-free loan up to a maximum of $1,000.00. It is to be paid back through payroll deductions not to exceed more than four pay periods. An unexpected financial crisis is defined as an unplanned expense such as, but not limited to: •
A medical emergency not covered by medical insurance (employees who have declined medical coverage under the ILS health plan are not eligible to receive a loan for a medical emergency).
•
An unanticipated family emergency; i.e., parent, spouse or child stranded out of state due to a non-self-directed event.
•
Domestic emergency; i.e., incarceration of a custodial child, court-mandated change in custody of a child.
•
Unexpected transportation repairs.
•
Impending eviction from one's home through no flagrant fault of employee.
An employee seeking to apply for a company loan must obtain an application from the office of his or her respected location. Location manager must sign off on the loan request and forward it to the Human Resources department for approval. The Human Resources Director and Operating Committee will review all submitted loan applications. All applications will be prioritized on the basis of the following criteria: •
Purpose of the loan (loans for material purchases and extravagances will not be approved).
•
Amount of loan: the amount of the loan is not to exceed $1,000.
•
Term of loan: Payroll deductions spread out in equal amounts not to exceed a total of four consecutive pay periods.
All employees who have submitted applications will receive notice of either approval or rejection of their individual request from the Human Resources department. Applications for loans that are not approved will be discarded and will not be utilized in any additional requests.
November 1, 2009
Page 39
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook Additional loans: An employee may not apply for an additional loan until there is a zero balance on prior loans. The employee hardship loan program is designed to help those employees who have exhibited good work practices and who are having financial hardships as defined above. This program will not be abused and may be terminated at any time. Individual abuse, including misrepresentation, will be cause for discipline, up to and including termination.
November 1, 2009
Page 40
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
501 Safety Effective Date: 11/01/2009 Revision Date:
To assist in providing a safe and healthful work environment for employees, customers, and visitors, ILS has established a workplace safety program. This program is a top priority for ILS. The Location Manager has responsibility for implementing, administering, monitoring, and evaluating the safety program. Its success depends on the alertness and personal commitment of all. Should you have any questions or suggestions about safety, don’t hesitate to talk to your Location Manager. ILS provides information to employees about workplace safety and health issues through regular internal communication channels such as supervisor-employee meetings, bulletin board postings, memos, or other written communications. Employees and supervisors receive periodic workplace safety training. The training covers potential safety and health hazards and safe work practices and procedures to eliminate or minimize hazards. Each employee is expected to obey safety rules and to exercise caution in all work activities. Employees must immediately report any unsafe condition to the appropriate supervisor. Employees who violate safety standards, cause hazardous or dangerous situations, fail to report or, where appropriate, remedy such situations, may be subject to disciplinary action, up to and including termination of employment. In the case of accidents that result in injury, regardless of how insignificant the injury may appear, employees should immediately notify the Location Manager or the appropriate supervisor. Such reports are necessary to comply with laws and initiate insurance and workers' compensation benefits procedures.
November 1, 2009
Page 41
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
502 Use of Phone and Mail Systems Effective Date: 11/01/2009 Revision Date:
Employees may be required to reimburse ILS for any charges resulting from their personal use of the telephone. The use of ILS-paid postage for personal correspondence is not permitted. To ensure effective telephone communications, employees should always use the approved greeting and speak in a courteous and professional manner. Please confirm information received from the caller, and hang up only after the caller has done so.
November 1, 2009
Page 42
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
503 Smoking Effective Date: 11/01/2009 Revision Date:
In keeping with ILS's intent to provide a safe and healthful work environment, smoking in the workplace is prohibited except in those locations that have been specifically designated as smoking areas. In situations where the preferences of smokers and nonsmokers are in direct conflict, the preferences of nonsmokers will prevail. This policy applies equally to all employees, customers, and visitors.
November 1, 2009
Page 43
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
504 Rest and Meal Periods Effective Date: 11/01/2009 Revision Date:
If schedules and workloads permit, full-time nonexempt employees are provided with two rest periods. Supervisors will advise employees of the regular rest period length and schedule. To the extent possible, rest periods will be provided in the middle of work periods. Since this time is counted and paid as time worked, employees must not be absent from their workstations beyond the allotted rest period time. Breaks not taken may not be saved or accumulated. Employees may not use breaks to extend meal brakes or adjust work hours. All full-time employees are provided with one meal period each workday. Supervisors will schedule meal periods to accommodate operating requirements. Employees will be relieved of all active responsibilities and restrictions during meal periods and will not be compensated for that time. Employees must clock in and out for lunch breaks.
November 1, 2009
Page 44
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
505 Use of Equipment and Vehicles Effective Date: 11/01/2009 Revision Date:
Equipment and vehicles essential in accomplishing job duties are expensive and may be difficult to replace. When using property, employees are expected to exercise care, perform required maintenance, and follow all operating instructions, safety standards, and guidelines. Please notify the supervisor if any equipment, machines, tools, or vehicles appear to be damaged, defective, or in need of repair. Prompt reporting of damages, defects, and the need for repairs could prevent deterioration of equipment and possible injury to employees or others. The supervisor can answer any questions about an employee's responsibility for maintenance and care of equipment or vehicles used on the job. The improper, careless, negligent, destructive, or unsafe use or operation of equipment or vehicles, as well as excessive or avoidable traffic and parking violations, can result in disciplinary action, up to and including termination of employment.
November 1, 2009
Page 45
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
506 Business Travel Expenses Effective Date: 11/01/2009 Revision Date:
ILS will reimburse employees for reasonable business travel expenses incurred while on assignments away from the normal work location. All business travel must be approved in advance by the immediate supervisor. Employees whose travel plans have been approved are responsible for making their own travel arrangements. When approved, the actual costs of travel, meals, lodging, and other expenses directly related to accomplishing business travel objectives will be reimbursed by ILS. Employees are expected to limit expenses to reasonable amounts. Employees who are involved in an accident while traveling on business must promptly report the incident to their immediate supervisor. Vehicles owned, leased, or rented by ILS may not be used for personal use without prior approval. When travel is completed, employees should submit completed travel expense reports within 45 days. Reports should be accompanied by receipts for all individual expenses. Employees should contact their supervisor for guidance and assistance on procedures related to travel arrangements, expense reports, reimbursement for specific expenses, or any other business travel issues. Abuse of this business travel expenses policy, including falsifying expense reports to reflect costs not incurred by the employee, can be grounds for disciplinary action, up to and including termination of employment.
November 1, 2009
Page 46
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
507 Visitors in the Workplace Effective Date: 11/01/2009 Revision Date:
To provide for the safety and security of employees and the facilities at ILS, only authorized visitors are allowed in the workplace. Restricting unauthorized visitors helps maintain safety standards, protects against theft, ensures security of equipment, protects confidential information, safeguards employee welfare, and avoids potential distractions and disturbances. It is anticipated that visitors to ILS facilities will be an infrequent occurrence. Please keep in mind that visitors should not be permitted to ride in ILS equipment such as feed trucks, tractors, semi-trucks or on ILS livestock such as horses. All visitors should enter ILS at the office or reception area. Visitors will be authorized by the manager on duty at the facility. Authorized visitors will receive directions or be escorted to their destination. Employees are responsible for the conduct and safety of their visitors. If an unauthorized individual is observed on ILS's premises, employees should immediately notify their supervisor or, if necessary, direct the individual to the reception area.
November 1, 2009
Page 47
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
508 Electronic Information and Communication Effective Date: 11/01/2009 Revision Date:
Since technology is advancing so rapidly, this policy does not attempt to list each and every element of ILS’s policy on electronic information and communication usage. Rather, it is merely a reference tool, outlining ILS’s philosophy and general principles and prohibitions to be applied when using ILS-owned equipment. If you have any doubts on a particular issue or use, check with your supervisor first. The telephone system, facsimile machines, voicemail system, electronic mail system (e-mail), computers, computer network system, the Internet, any other electronic communication system, the equipment and data stored on these systems, and ILS’s “electronic information and communication systems,” are ILS-owned property and remain so at all times. All messages and transmissions composed, sent, stored or received on ILS’s electronic information and communication systems are and remain the exclusive property of ILS, and are not to be considered private property of any employee. As ILS-owned property, all messages on ILS’s electronic information and communication systems are subject to disclosure to law enforcement or government officials, or to other parties through subpoena or its equivalent. ILS has invested significant time and money in its electronic information and communications systems for efficiency purposes and to better serve our customers. All employees are required to learn how to use the systems by reading the instructions or by asking management for assistance. All users of ILS’s systems must comply with all software licenses, copyright and intellectual property laws, as well as all other state, federal or local laws. The electronic information and communication systems of ILS are to be used primarily for business purposes only. Incidental, occasional personal web browsing or e-mail usage is permitted before and after hours, and over the lunch hour. Internet access or e-mail may not be used, however, for any employee’s commercial or profit-generating activities unrelated to ILS business. In addition, access to, the display of, or the downloading of offensive, vulgar or sexually explicit images is forbidden. Be mindful that ILS’s name may be visible to any web site you visit. Employees should also refrain from storing personal use data and/or information on the systems. ILS will neither be required to nor will it expend efforts to copy or otherwise provide such data and/or information to present or former employees. If the systems are used for personal reasons, such communications on the systems shall be treated in the same manner as all other messages in accordance with this policy. Employees cannot expect privacy rights to extend to the use of ILS-owned equipment or supplies. From time to time, such as when an employee is on vacation, a business trip
November 1, 2009
Page 48
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook or a leave of absence, when it is suspected that an ILS rule, regulation or policy is being violated, if it is suspected that ILS property is being used improperly, or simply to monitor system usage or job performance, an ILS representative may gain access to your voice mail or e-mail messages, your computer files, or any other ILS property to better serve our customers and for other business or legal needs. For these reasons, you should not expect messages left on your voice mail, e-mail or other communication device to be private. In fact, you should consider this information accessible like any other shared business file. Although employees have individual passwords, encryption keys or access codes to their voice mail, e-mail and computer network systems, communications created, stored, sent or retrieved on such systems are not confidential, as these systems are accessible at all times by ILS. Even when a communication is erased or deleted, it is still stored and can be retrieved and reviewed. ILS may review, audit, intercept, monitor, access, print and disclose all messages created, received, stored or sent over ILS’s information and communication systems, if and when business purposes require with or without notice. Employees may not use passwords or access codes that are unknown to management. All system passwords or access codes are the property of ILS and must be available to management. Employees are restricted from using passwords or access codes of other employees to gain access to another employee’s e-mail, voice mail, or other stored communication without prior approval from the other employee or from a supervisor. Employees are prohibited from “hacking” into other systems or “cracking” other passwords or access codes. No electronic communication may be created, transmitted or stored which attempts to hide the true identity of the creator or sender. Employees are prohibited from using ILS’s information and communication systems in any way that may be deemed illegal, fraudulent, embarrassing, intimidating, disruptive or offensive to others, which includes, but is not limited to the transmission of sexually explicit messages and/or cartoons, offensive or vulgar language, ethnic or racial slurs, gender specific comments, or any other comment or message that offensively addresses someone’s age, religious or political beliefs, national origin, disability, veterans status, or anything else that may be construed as harassing, discriminating or disparaging to or of others. Users encountering or receiving such material should immediately report the incident to their supervisor. Use of ILS’s information and communication systems in violation of ILS’s policy, or that will damage the reputation of ILS, or use for solicitations, advertisements or promotions (whether for charitable, political, religious or other reasons) is prohibited unless prior approval from your supervisor is obtained. Users may not install software into their individual computers or the network without first receiving prior approval from management.
November 1, 2009
Page 49
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook Employees are prohibited from disclosing any proprietary or confidential information of ILS or another without first receiving approval from their supervisor. When authorized, employees are expected to exercise significant caution when transmitting proprietary and confidential information over an electronic communication system because of the abilities of others to “crack” the system. Any such message containing proprietary and confidential information should begin with a warning declaring that such information is confidential and proprietary to ILS. Employees are prohibited from recording a voice mail greeting or leaving an e-mail message that indicates that any message left on the system is confidential or private. Inappropriate use of ILS’s information and communication systems may result in disciplinary action, including but not limited to immediate termination. This policy applies to all employees of ILS, or authorized users of ILS’s systems.
November 1, 2009
Page 50
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
509 Workplace Violence Prevention Effective Date: 11/01/2009 Revision Date:
ILS is committed to preventing workplace violence and to maintaining a safe work environment. Given the increasing violence in society in general, ILS has adopted the following guidelines to deal with intimidation, harassment, or other threats of (or actual) violence that may occur during business hours or on its premises. ILS has a policy of zero tolerance for violence. No talk of violence or joking about violence will be tolerated. “Violence” includes physically harming another, shoving, pushing, striking, brandishing weapons, and threatening or talking of engaging in those activities. It is the intent of this policy to ensure that everyone associated with ILS, including employees and customers, never feels physically threatened by any employee’s actions or conduct. In an effort to further fulfill this commitment to a safe working environment, ILS has adopted the following policies in regard to the possession and carrying of weapons and/or other dangerous or hazardous devices or substances while on ILS’s premises or otherwise performing services for ILS: •
No person (with the exception of law enforcement and/or ILS employees authorized by management) is allowed to openly carry weapons, and/or other dangerous or hazardous devices or substances on ILS’s premises. ILS’s premises include, without limitation, all ILS-owned and leased buildings, facilities, parking lots and grounds.
•
No person (with the exception of law enforcement and/or ILS employees authorized by management) is allowed to carry a concealed weapon and/or other dangerous or hazardous devices or substances into any building owned or leased by ILS. Appropriate signs will be posted at all building entrances to that effect.
•
ILS employees may carry weapons and/or other dangerous or hazardous devices or substances, as dictated by job description and mandates from management.
•
Individuals who are not licensed to carry concealed weapons are prohibited from doing so on all of ILS’s premises by law and policy.
•
ILS specifically prohibits the carrying of weapons and/or other dangerous or hazardous devices or substances, concealed or unconcealed, by an employee while on ILS’s premises, regardless of whether the employee is
November 1, 2009
Page 51
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook licensed to carry the weapon. This ban includes keeping or transporting a weapon in a vehicle in ILS parking lots, with the exception that employees who are properly licensed to carry a concealed weapon may continue to keep such weapon in their private vehicle. Employees may store weapons used for hunting in their vehicles during hunting season only on days they intend to travel to a hunting area immediately following the completion of their work day. Should an employee wish to take advantage of this limited exception, they must notify their supervisor upon arriving at work. Furthermore, employees may not remove the weapon from their vehicle at any time while on ILS property. All employees are prohibited from carrying a weapon and/or other dangerous or hazardous devices or substances in an ILS vehicle or while performing services for ILS off of ILS’s premises. Appropriate disciplinary action, up to and including immediate termination, will be taken against any employee who violates this policy. Personal Articles ILS is not responsible for damage, theft or loss of any personal articles brought on ILS’s premises. To maintain security, ILS reserves the right to inspect all personal articles and property brought onto ILS’s premises, including but not limited to, vehicles, packages, briefcases, backpacks, purses, bags and wallets. In addition, ILS may inspect the contents of lockers, storage areas, file cabinets, desks, and work stations at any time and remove all ILS property and other items that violate ILS’s rules and policies. Items an employee does not wish to have subject to search should not be brought onto ILS’s premises. All threats of (or actual) violence, both direct and indirect, should be reported as soon as possible to your immediate supervisor or any other member of management. This includes threats by employees, as well as threats by customers, vendors, solicitors, or other members of the public. When reporting a threat of violence, you should be as specific and detailed as possible. All suspicious individuals or activities should also be reported as soon as possible to a supervisor. Do not place yourself in peril. If you see or hear a commotion or disturbance near your workstation, do not try to intercede or see what is happening. ILS will promptly and thoroughly investigate all reports of threats of (or actual) violence and of suspicious individuals or activities. The identity of the individual making a report will be protected as much as is practical. In order to maintain workplace safety and the integrity of its investigation, ILS may suspend employees, either with or without pay, pending investigation.
November 1, 2009
Page 52
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook Anyone determined to be responsible for threats of (or actual) violence or other conduct that is in violation of these guidelines will be subject to prompt disciplinary action up to and including termination of employment. ILS encourages employees to bring their disputes or differences with other employees to the attention of their supervisors or the Human Resources Director before the situation escalates into potential violence. ILS is eager to assist in the resolution of employee disputes, and will not discipline employees for raising such concerns.
November 1, 2009
Page 53
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
510 Cell Phone Usage Effective Date: 5/26/09 Revision Date:
ILS provides many of our employees with cell phones for work purposes. Because ILS purchases cell phone services in bulk, employees are permitted to use their ILS cell phones for personal calling. Cell phone equipment (phones and phone accessories) are the employee's responsibility to purchase and maintain. ILS does provide the following cell phone equipment reimbursements to help defray these expenses: Standard Phone User: $150 every other year. Smart Phone User: $300 every other year. ILS will reimburse UP TO the program amount every 24 months. Employees are free to choose the phone and accessories they feel best meets their needs, and may purchase phones and accessories from sources other than the cell service provider, including purchasing used or refurbished items. Employees seeking cell phone reimbursements are to submit a copy of the invoice showing the purchase price of the equipment after applicable rebates to the A/P manager in the corporate office. Reimbursement checks will be issued in approximately seven business days following submission. Employees will not be reimbursed for the following: phones used on an account not provided by ILS or accessories not compatible with the phone used on an account provided by ILS. Cellular Phones. This policy outlines rules for the use of personal cellular phones at work, the use of ILS-provided cellular phones, and the safe use of cellular phones by employees operating a motor vehicle. Personal Cellular Phones. While at work employees are expected to exercise the same discretion in using personal cellular phones as is expected for the use of ILS phones. Excessive personal calls and texting during the workday, regardless of the phone used, interfere with employees’ productivity and are distracting to others. Employees are therefore requested to engage in personal calls during non-work time such as during breaks and on meal periods and to ensure that friends and family members are aware of ILS’s policy. ILS will not be liable for loss or damage to personal cellular phones brought onto ILS premises. The ability to have a personal cellular phone in working areas is a privilege and ILS in its sole discretion may choose to prohibit cellular phones in some or all working areas. ILS-Provided Cellular Phones. Employees provided ILS-owned equipment, including cellular phones, are expected to protect such equipment from loss, damage or theft.
November 1, 2009
Page 54
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook Upon resignation or termination of employment, or at any time upon request, an employee may be asked to produce the phone for return or inspection. Employees unable to present the phone in good working condition within the time period requested (generally 24 hours) will be expected to bear the cost of replacement. Safety Issues for Cellular Phone Use. Employees whose job responsibilities include the regular or occasional operation of a motor vehicle and who use a cellular phone are expected to refrain from using their cellular phone while driving. Safety comes before all other concerns. Employees are expected to pull over to a safe location and stop their vehicle before placing or accepting a call. If acceptance of a call is unavoidable and pulling over to a safe location is not an option, employees are expected to keep the call short, use hands-free options, if available, refrain from complicated or emotional discussions and keep their eyes on the road. Special care should be taken in situations where there is traffic, inclement weather, or the employee is driving in an unfamiliar area. Violators of this policy will be subject to discipline, up to and including immediate termination.
November 1, 2009
Page 55
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
601 Family and Medical Leave Effective Date: 5/26/09 Revision Date:
FMLA It is the policy of ILS to grant eligible employees extended leaves of absence under certain circumstances covered by the federal Family and Medical Leave Act of 1993 (“FMLA”). ILS complies with all applicable requirements of the FMLA. Nothing in this policy provides employees with any greater rights or protections than those provided by the FMLA, or limits or waives ILS’s rights or employees’ obligations under the FMLA. Eligibility Requirements Employees generally are eligible for FMLA leave if they have worked for ILS for at least one year, for at least 1,250 hours over the 12-month period immediately preceding the commencement of leave, and work at a Company facility with at least 50 employees within 75 miles of that facility Basic Leave Entitlement An eligible employee may be granted leave for up to 12 weeks of unpaid, job-protected leave during any 12-month period, based on a “rolling” 12-month period, measured backward from the date of any FMLA leave usage, for any of the following reasons: •
Birth of a child and to care for the newborn child;
•
Placement of a child with the employee for adoption or foster care;
•
To care for the employee’s spouse, son or daughter, or parent, who has a serious health condition; or
•
For a serious health condition that makes the employee unable to perform the essential functions of the employee’s job, including incapacity due to pregnancy, prenatal medical care, or child birth.
An employee’s entitlement to leave for the birth or placement for adoption or foster care of a child expires at the end of the 12-month period beginning on the date of the birth or placement. If two employees are married, they are entitled to a collective total of 12 weeks of leave for the birth or placement of a child, rather than 12 weeks each.
November 1, 2009
Page 56
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook Military Family Leave Entitlements An eligible employee with a spouse, son or daughter, or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation may use some or all of the 12-week leave entitlement to address certain “qualifying exigencies,” which may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings. This leave does not apply to a spouse, son or daughter, or parent who is already an active member of the regular armed forces. An eligible employee who is the spouse, son or daughter, parent, or next of kin of a covered service member is permitted to take up to 26 weeks of unpaid, job-protected leave to care for a covered service member. A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of active duty, as determined by the U.S. Department of Defense, that may render the service member medically unfit to perform the roles of the service member’s duties, and for which the service member is undergoing medical treatment, recuperation, or therapy, or is in outpatient treatment, or is on the “temporary disability retired list.” The 26 weeks may only be taken during the single 12-month period following the beginning of the leave. Definition of Serious Health Condition A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job, or prevents the qualified family member from participating in school or other daily activities. Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than three consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment. Use of Leave If leave is being taken due to the serious health condition of the employee, to care for a covered family member with a serious health condition, or to care for a covered family member who has sustained a serious injury or illness in the line of military duty, the leave may be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make a reasonable effort to schedule leave for planned medical treatment so as not to unduly disrupt ILS’s operations.
November 1, 2009
Page 57
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
If leave is being taken due to a “qualifying exigency,” the leave may be taken intermittently as required to take care of the “qualifying exigency.” If leave is being taken due to the care of a newborn child or the care of a child placed for adoption or foster care, the leave cannot be taken intermittently or on a reduced leave schedule unless ILS agrees. ILS reserves the right to temporarily transfer an employee who requests intermittent leave or a reduced leave schedule to an alternative position with equivalent pay and benefits if the alternative position better accommodates ILS’s needs. Substitution of Paid Leave for Unpaid Leave ILS requires employees to use accrued paid time off while taking FMLA leave. In order to use paid time off for FMLA leave, employees must comply with ILS’s normal paid time off policies. The paid time off will run concurrently with the FMLA leave. Once all accrued paid time off has been used, any remaining FMLA leave will be unpaid. The entire leave period (both paid and unpaid) will be counted towards the employee’s FMLA entitlement. Employee Responsibilities Employees must provide at least 30 days advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days notice is not possible, the employee must provide notice as soon as practicable and generally must comply with ILS’s normal absence reporting procedures. Employees must provide sufficient information for ILS to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform ILS if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees may be required to provide a certification and periodic recertification supporting the need for leave.
November 1, 2009
Page 58
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook Certification If an employee requests leave due to his or her own serious health condition, or to care for a family member with a serious health condition, ILS, in its discretion, may require a certification issued by the employee’s or family member’s health care provider. If an employee requests leave because of a qualifying exigency, ILS, in its discretion, may require a certification from the employee to support the request for leave. If an employee requests leave to care for a covered service member rendered injured or seriously ill in the line of active military duty, ILS, in its discretion, may require a certification completed by an authorized health care provider of the covered service member or an authorized representative of the Department of Defense. When FMLA leave is occasioned by the employee’s own serious health condition, ILS requires, in the case of any leave of three or more consecutive days, a certification from the employee’s health care provider that the employee is able to resume work. Medical certifications will be kept confidential in accordance with applicable state and federal law. Employer Responsibilities ILS will inform an employee requesting leave whether he or she is eligible under FMLA. If the employee is eligible, the notice will specify any additional information required, as well as the employee’s rights and responsibilities. If the employee is not eligible, ILS will provide a reason for the ineligibility. ILS will inform an employee if leave will be designated as FMLA-protected and the amount of leave counted against the employee’s leave entitlement. If ILS determines that the leave is not FMLA-protected, it will notify the employee. Benefits and Protections During FMLA leave, ILS will maintain the employee’s health coverage under any group health plan on the same terms as if the employee had continued to work. During FMLA leave, life insurance, disability insurance, and other types of benefits for which the employee typically pays will be treated in accordance with ILS’s established policies and practices for such benefits for other instances of unpaid leave. Upon return from FMLA leave, most employees will be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.
November 1, 2009
Page 59
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook However, if an employee would not otherwise have been employed at the time reinstatement is requested, such as because of a layoff, ILS is not obligated to reinstate the employee. ILS may also deny job restoration to a “key employee” if necessary to prevent substantial and grievous economic injury to ILS’s operations. Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee’s leave; however, an employee is not entitled to accrue additional benefits or seniority during the period of time the employee is on unpaid leave. Failure to Return to Work If an employee fails to return to work at the conclusion of an approved leave of absence, including any extension of such leave, the employee may be considered to have voluntarily terminated employment. ILS may seek reimbursement from the employee for any of its costs of insurance premiums during the employee’s unpaid leave, unless the employee’s reason for not returning to work is due to the continuation, recurrence, or onset of a serious health condition that would entitle the employee to FMLA leave; the continuation, recurrence, or onset of a covered service member’s serious injury or illness that would entitle the employee to FMLA leave; or other circumstances beyond the employee’s control. Fraudulent Request or Use of FMLA Leave If an employee fraudulently requests or obtains FMLA leave, the employee is not protected by the FMLA’s job restoration or maintenance of health benefits provisions. An employee who fraudulently requests or obtains FMLA leave is subject to disciplinary action, up to and including termination. Unlawful Acts and Enforcement The FMLA makes it unlawful for any employer to: interfere with, restrain, or deny the exercise of any right provided under the FMLA; or discharge or discriminate against any person for opposing any practice made unlawful by the FMLA or for involvement in any proceeding under or relating to FMLA. An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer. The FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights.
November 1, 2009
Page 60
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
602 General Leave Effective Date: 5/26/09 Revision Date:
At the sole discretion of ILS, a leave of absence without pay, or a period of up to 90 days for circumstances not qualifying for FMLA leave (family, medical, educational, personal, etc.), may be granted by ILS. Generally, employees will first be required to also exhaust all applicable paid time off which will be included in the 90-day period. During such 90-day period only, employees may continue coverage in the Company’s plans by continuing to timely pay their share of the applicable premium(s). In its sole discretion, ILS may, on a case-by-case basis and based among other things on ILS’s needs and the individual situation, including but not limited to the employee’s tenure and past performance, extend a general leave period beyond ninety (90) days. In no case, however, even if an extension is granted, will any such leave be allowed to extend beyond a total of 12 months. A general leave of absence may extend an employee’s anniversary date, accrual of paid leave and performance review. Moreover, an employee’s failure to report any change in the need for such leave or to report to work upon the expiration date of a general leave of absence will be considered a voluntary termination.
November 1, 2009
Page 61
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
603 Military Leave Effective Date: 5/26/09 Revision Date:
Employees required to be absent from employment for the purposes of military service, training, and/or examination, will be eligible for a military leave of absence. Full-time employees on a military leave of absence for annual cruises or field training duty will be paid the difference, if any, between the amount of military pay (including incentive allowances and special pay allowances) received from the Government and their regular salary or weekly pay in effect as an active employee, for a period not to exceed two weeks wages in any twelve-month period. Employees must give ILS advance notice of the need for military leave unless such notice is impossible or unreasonable, or is prevented by military necessity. ILS will comply with all federal and state laws regarding the re-employment of employees who serve in the Uniformed Services.
November 1, 2009
Page 62
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
701 Employee Conduct and Work Rules Effective Date: 5/26/09 Revision Date:
To ensure orderly operations and provide the best possible work environment, ILS expects employees to follow rules of conduct that will protect the interests and safety of all employees and the organization. It is not possible to list all the forms of behavior that are considered unacceptable in the workplace. The following are examples of infractions of rules of conduct that may result in disciplinary action, up to and including termination of employment: • • • • • • • • • • • • • • • • • • •
Theft or inappropriate removal or possession of ILS, employee, or customer property Falsification of ILS records or reports (including timekeeping records) Working under the influence of alcohol or illegal drugs Possession, distribution, sale, transfer, or use of alcohol or illegal drugs in the workplace, while on duty, or while operating employer-owned vehicles or equipment Fighting, wrestling, horseplay, or any act that may endanger or cause harm, be unsafe to employees or customers, or interfere with the efficient operation of ILS, or threatening violence in the workplace Wasting, abusing, damaging, or destroying employer-owned or customerowned property Violation of safety or health rules or the failure to report an accident or injury Smoking, drinking, or eating in prohibited areas Sexual or other unlawful or unwelcome harassment Excessive absenteeism or any absence without notice (including late arrival and early departure) and/or failing to stay in designated working areas Conducting personal business during working hours and/or unauthorized use of telephones, mail system, or other employer-owned equipment Unauthorized disclosure of business "secrets" or confidential information Violation of personnel policies Unsatisfactory performance or conduct Acting in conflict with the interests of ILS Soliciting gifts or gratuities from vendors or suppliers Disrespectful behavior toward others Insubordination or the refusal to do assigned works or carry out a supervisor’s instruction Possession of a firearm or other dangerous weapon on ILS property in violation of ILS’s workplace violence policy
November 1, 2009
Page 63
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook • •
Failure to cooperate in any ILS investigation Any conduct contrary to common decency or morality, or liable to incite, provoke, or discriminate against anyone for any reason because of race, color, religion, sex, disability, age, pregnancy, military status, national origin, or other factor prohibited by law
This list is intended to be representative of the types of activities which may result in disciplinary action, up to and including immediate termination of employment. It is not intended to be comprehensive and does not alter the employment-at-will relationship between ILS and its employees. Employment with ILS is at the mutual consent of ILS and the employee, and either party may terminate that relationship at any time, with or without cause, and with or without advance notice.
November 1, 2009
Page 64
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
702 Sexual and Other Unlawful Harassment Effective Date: 5/26/09 Revision Date:
Productive Work Environment It is the policy of ILS to promote a productive work environment and not tolerate verbal or physical conduct by any employee that unlawfully harasses, disrupts, or interferes with another’s work performance or that creates an intimidating, offensive or hostile environment. Employees are expected to maintain a productive work environment that is free from harassing or disruptive activity. No form of unlawful harassment will be tolerated, including harassment for the following reasons: race, religion, color, sex, age, national origin, pregnancy, disability, military status or any other classification protected by applicable local, state or federal law. Special attention should be paid to the prohibition of sexual harassment. Each supervisor and manager has a responsibility to keep the workplace free of any form of unlawful harassment, and in particular, sexual harassment. No supervisor or manager is to threaten or insinuate, either explicitly or implicitly, that an employee’s refusal or willingness to submit to sexual advances will affect the employee’s terms or conditions of employment. Other sexually harassing or offensive conduct in the workplace, whether committed by supervisors, managers, non-supervisory employees, or non-employees, is also prohibited. This conduct includes: 1. Unwanted physical contact or conduct of any kind, including sexual flirtations, touching, advances, or propositions; 2. Verbal abuse of a sexual nature such as lewd comments, sexual jokes or references, and offensive personal references; 3. Demeaning, insulting, intimidating, or sexually suggestive comments about an individual’s appearance; 4. The display in the workplace of demeaning, insulting, intimidating, or sexually suggestive objects or pictures, including nude photographs; and 5. Demeaning, insulting, intimidating, or sexually suggestive written, recorded, or electronically transmitted messages. Any of the above conduct, or other offensive conduct, directed at individuals because of
November 1, 2009
Page 65
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook their race, national origin, color, religion, disability, pregnancy, age, military status or any other classification protected by applicable local, state or federal law is prohibited. Any employee who believes that a supervisor’s, manager’s, other employee’s or non-employee’s actions or words constitute unwelcome harassment has a responsibility to report or complain about the situation as soon as possible. The report or complaint should be made to ILS’s Human Resources Director. All complaints of harassment will be investigated promptly and in as impartial and confidential a manner as possible. Employees are required to cooperate in any investigation. A timely resolution of each complaint will be reached and communicated to the parties involved. Retaliation against any employee for filing a complaint or participating in an investigation is strictly prohibited. Any employee, supervisor, or manager who is found to have violated this harassment policy will be subject to appropriate disciplinary action, up to and including immediate termination. ILS prohibits any form of retaliation against employees for bringing bonafide complaints or providing information about harassment. However, if an investigation of a complaint shows that the complaint or information was false, any individual who knowingly provided the false information will be subject to disciplinary action, up to and including immediate termination.
November 1, 2009
Page 66
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
703 Attendance and Punctuality Effective Date: 5/26/09 Revision Date:
To maintain a safe and productive work environment, ILS expects employees to be reliable and to be punctual in reporting for scheduled work. Absenteeism and tardiness place a burden on other employees and on ILS. In the rare instances when employees cannot avoid being late to work or are unable to work as scheduled, they should notify their supervisor as soon as possible in advance of the anticipated tardiness or absence. Poor attendance and excessive tardiness are disruptive. Either may lead to disciplinary action, up to and including termination of employment. Furthermore, any employee that fails to show up for work on three consecutive scheduled work days without calling and reporting the absence will be considered to have resigned their employment with ILS.
November 1, 2009
Page 67
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
704 Return of Property Effective Date: 5/26/09 Revision Date:
Employees are responsible for all ILS property, materials, or written information issued to them or in their possession or control. All ILS property must be returned by employees on or before their last day of work. ILS may also take all action deemed appropriate to recover or protect its property.
November 1, 2009
Page 68
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
705 Resignation Effective Date: 5/26/09 Revision Date:
Resignation is a voluntary act initiated by the employee to terminate employment with ILS. Although advance notice is not required, ILS requests at least two weeks' written resignation notice from all employees. Prior to an employee's departure, an exit interview will be scheduled to discuss the reasons for resignation and the effect of the resignation on benefits.
November 1, 2009
Page 69
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
706 Security Inspections Effective Date: 5/26/09 Revision Date:
ILS wishes to maintain a work environment that is free of illegal drugs, alcohol, or other improper materials. To this end, ILS prohibits the possession, transfer, sale, or use of such materials on its premises. ILS requires the cooperation of all employees in administering this policy. Desks, lockers, and other storage devices may be provided for the convenience of employees, but remain the sole property of ILS. Accordingly, they, as well as any articles found within them, can be inspected by any agent or representative of ILS at any time, either with or without prior notice. ILS likewise wishes to discourage theft or unauthorized possession of the property of employees, ILS, visitors, and customers. To facilitate enforcement of this policy, ILS or its representative may inspect not only desks and lockers but also persons entering and/or leaving the premises and any packages or other belongings. Any employee who wishes to avoid inspection of any articles or materials should not bring such items onto ILS's premises.
November 1, 2009
Page 70
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
707 Solicitation and Distribution Effective Date: 5/26/09 Revision Date:
ILS strives to establish a work environment that is productive and without undue disruptions to the workday. Therefore, soliciting of one employee by another, or collecting from any employee by another, is prohibited while either employee is on work time. This prohibition applies to communications of all types and via all media forms including, but not limited to, written, oral, and/or electronic formats. Employees are strictly prohibited from using ILS’s Electronic Information and Communications systems to solicit or advertise for other commercial ventures, religious causes, political causes, and/or outside organizations. Distributing information and circulating petitions during work time or in work areas at any time is also prohibited. Finally, soliciting or distributing by anyone outside ILS is prohibited on Company premises.
November 1, 2009
Page 71
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook
708 Substance Abuse Effective Date: 5/26/09 Revision Date:
The safety and health of its employees are of utmost concern to ILS. ILS also recognizes that the abuse of alcohol and controlled substances are serious social problems which can negatively impact the performance and image of employees and ILS. Therefore, to help ensure a safe, healthy, and productive work environment for our employees and others, to protect ILS’s property, and to ensure efficient operations, ILS has adopted a policy of maintaining a workplace free of the use of alcohol and illegal use of controlled substances. ILS is therefore committed to maintaining a safe workplace free from the influence of alcohol and drugs. In addition, ILS will vigorously comply with the requirements of the DOT regulations regarding the use of drugs and alcohol by employees in safety-sensitive positions. General Prohibitions and Restrictions. 1.
No employee may use, possess, sell, distribute, or be under the influence of illegal narcotics, drugs, or controlled substances while on the job, in ILS vehicles or on ILS property, unless pursuant to a lawful prescription. Being “under the influence” with regard to a controlled substance is defined as testing positive in a drug test. Some of the drugs which are the subject of this policy include but are not limited to, opiates, opium derivatives, marijuana, cocaine, heroin, LSD, hashish, amphetamines, and speed. In addition, the wearing, possessing or carrying of drug paraphernalia while on the job, in ILS vehicles or on ILS property is prohibited. These items may include, but are not limited to, roach clips, pipes designed for smoking marijuana, cigarette rolling papers used to roll marijuana or injection needles used for non-medical purposes. Any employee who violates this policy is subject to discipline, up to and including immediate termination of employment, and any illegal substances recovered will be turned over to the appropriate law enforcement agency and may result in criminal prosecution.
2.
Any employee arrested or convicted of an offense involving alcohol, illegal narcotics, drugs, or controlled substances, whether on the job or otherwise, is required to immediately notify ILS of the same and is subject to discipline up to and including immediate termination.
3.
No employee except in connection with ILS authorized events, may use, possess, sell, distribute, or be under the influence of alcohol while on the job, or on ILS property. Being “under the influence” with regard to alcohol is defined as a blood alcohol content of .04% or greater.
November 1, 2009
Page 72
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook Operation of Company Vehicles. Having any alcohol or controlled substances in your system, without a lawful prescription, while operating an ILS-owned vehicle, or a privately owned vehicle on ILS business is cause for discipline, up to and including immediate termination. Prescription Drugs. No prescription drug may be brought on ILS premises by any person other than the person for whom it is prescribed. Prescription drugs may be used only in the manner, combination, and quantity prescribed. Any employee legally using a controlled substance (i.e., a prescription drug) that may adversely affect the employee’s safety and health, the safety and health of others on the job, or particularly in the case of a position requiring driving ─ the safety and health of the general public, must inform his or her supervisor immediately upon returning to work. Failure to do so is cause for discipline, up to and including immediate termination. Testing. It is ILS’s intent to comply with all applicable laws regarding drug and/or alcohol testing of job candidates and employees. Subject to applicable law, ILS reserves the following rights in regard to testing all job candidates and employees for the use of controlled substances and/or alcohol. Drug and/or alcohol testing may be performed using breath, hair and/or bodily fluid (i.e., saliva, urine, blood) specimens as performed by a properly licensed and/or certified testing facility in accord with governing law. 1.
ILS may, at its sole discretion, following a conditional offer of employment, require job candidates to pass a drug and/or alcohol test as a condition of their employment. Any candidate whose pre-employment test is positive for alcohol or illegally used controlled substances will be ineligible for hire and any outstanding job offer will be immediately revoked, as applicable.
2.
ILS may, at its sole discretion, whenever it suspects that an employee’s work performance or on the job behavior may have been affected in any way by alcohol or controlled substances, require the employee to submit to a drug and/or alcohol test.
3.
ILS may, at its sole discretion, whenever an employee is involved in, or is deemed to have contributed to, an accident in which the employee or another has been injured and requires medical treatment or where medical treatment would be advisable, require the employee to submit to a drug and/or alcohol test.
4.
ILS may, at its sole discretion, whenever an employee is involved in, or is deemed to have contributed to, an accident in which there has been property damage, require the employee to submit to a drug and/or alcohol test.
5.
The Company conducts random and unannounced testing for the use of illegal drugs. Random testing is conducted periodically throughout the year. Any
November 1, 2009
Page 73
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook employees’ random selection for testing is performed utilizing a computer-based random number generator software program. Except where prohibited by applicable law, all Company employees are subject to random testing. To assure the selection process is truly random all employees subject to random testing are placed in a common pool and have an equal chance of being selected. Because each random sampling selects from the total pool of employees subject to such testing, it is possible that an employee could be selected for random testing more than once each year. 6.
Job candidates and employees subject to testing will be required to sign a form consenting to both the testing and release of test results to ILS. Job candidates refusing to consent to testing will be ineligible for hire. Employees refusing to consent to testing pursuant to this policy will be subject to discipline up to and including immediate termination. Providing a tampered or adulterated specimen or failing to provide an adequate specimen without medical basis will be considered a refusal to test.
7.
ILS will afford applicants and employees subject to testing, upon their request, the opportunity after testing positively for alcohol and/or controlled substances to confidentially explain the positive test results.
Violation of Policy. If ILS becomes aware of a suspected violation of this policy by an employee, then ILS may take, at its sole discretion subject to applicable law, one or more of the following steps: 1.
Suspend the employee, with or without pay, suspected of such use, possession, sale or distribution, pending an investigation;
2.
Remove the suspected employee from his or her job duties, including but not limited to operation of vehicles on ILS business, and/or reassign the employee to another job;
3.
Consult with the suspected employee in an effort to determine whether he or she is using illegal drugs or controlled substances, or is under the influence of drugs or alcohol;
4.
Search the employee’s personal effects, vehicle, locker, desk, room, or person for illegal drugs or alcohol while on the job, in an ILS vehicle, on ILS property or while engaged in ILS activities. While employees have the right to refuse having their personal effects, vehicle and/or person searched, failure to consent to such search or to display personal effects for visual inspection will result in disciplinary action, up to and including immediate termination.
November 1, 2009
Page 74
Innovative Livestock Services, Inc. ILS Personnel Policy Handbook 5.
Require the employee to submit to a drug and/or alcohol test.
6.
Allow the employee to enroll in an ILS-approved rehabilitation, treatment, or counseling program, which may include additional drug and/or alcohol testing, participation in and successful completion of which (including, but not limited to, any ILS-mandated return-to-duty and periodic unannounced follow-up testing) will be a condition of continued employment, and the costs of which may or may not be covered under ILS’s health plan or policies; or
7.
Terminate the employee’s employment, with or without notice, and with or without cause.
Confidentiality. Except as provided below, information regarding an individual’s drug and/or alcohol test results will only be released to outside parties upon the written consent of the individual. ILS will maintain all individually identifiable drug and/or alcohol test results and related information, including, but not limited to, interviews, reports, statements and memoranda, as confidential records, separate from other personnel records. Such records, including the records of the testing facility, may not be used in any criminal proceeding or any civil or administrative proceeding except in those actions taken by ILS or in any action involving the individual tested by ILS, unless such records are otherwise ordered released pursuant to a valid court order. The records described above are the property of ILS, but upon the request of a job candidate or employee tested, will be made available for inspection and copying to the job candidate or employee tested. Except as provided in this policy, ILS will not release such records to outside parties other than the job candidate, the employee tested or an individual acting as a Medical Review Officer, unless the job candidate or employee tested, in writing following the receipt of the test results, has expressly granted permission for ILS to release such records or pursuant to a valid court order. Assistance. If you feel that you have a drug or alcohol problem, you are encouraged to contact the Human Resources Director for information regarding leave options and substance abuse insurance coverage. Rehabilitation itself is your responsibility. We strongly urge you, however, to seek treatment before your job is jeopardized.
November 1, 2009
Page 75