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CALIFORNIA ADDENDUM—For California Employees Only
To our California employees: please note that wherever California law provides for or offers greater protections to our employees, California law will govern. All of the policies set forth below may not be applicable to all employees. Please contact a member of the Human Resources Department if you have any questions about any policies in this Addendum.
For additional information on the following California leaves and benefits please refer to the My Benefits tab on the Intranet:
- Treatment of accrued but unused Paid Time Off at the time of an employee’s separation
- Maximum Accrual of Paid Time Off • Paid Sick Leave • State Mandated Insurance Benefits
- Bone Marrow and Organ Donor Leave
- Unpaid Family School Partnership Leave
- Suspended Child Leave • Leave for Civic Duties
- Time Off for Literary Assistance
- Leave for Victims of Felony Crimes Leave for Victims of Domestic Violence, Sexual Assault and Other Crime
- Military Spouse Leave
- Military Reserve Leave
- Civil Air Patrol Leave
- Emergency Services Leave
Table of Contents
Lactation Breaks
Religious Dress
Overtime
Meal Breaks
Rest Breaks
Recovery Breaks
Reporting Time Pay
Final Wages
Drug Testing
Personnel Files and Payroll Records
California Family Rights Act Leave
Employee Eligibility
Conditions Triggering Leave Definitions
Identifying the 12-Month Period
Using Leave
Use of Accrued Paid Leave
Maintenance of Health Benefits
Notice and Medical Certification
Employer Responsibilities
Job Restoration
Failure to Return After CFRA Leave
Other Employment
Fraud
Employers’ Compliance with CFRA and Employee’s Enforcement Rights
Limited Nature of This Policy
Military Qualifying Exigency Leave
Pregnancy Disability Leave
Policy Against Harassment, Discrimination, and Retaliation for California Employees
Lactation Breaks
The Company will provide a reasonable amount of break time to accommodate a female employee’s need to express breast milk for the employee's infant child. If possible, the break time should be taken concurrently with other break periods already provided. If this time does not run concurrently with normally scheduled rest periods, employees should clock out for this time and such time will be unpaid. The Company will also make a reasonable effort to provide the employee with the use of a room, or other location in close proximity to the employee's work area for the employee to express milk in private.
Employees should notify their immediate supervisor if they are requesting time to express breast milk under this policy. The Company does, however, reserve the right to deny an employee’s request for a lactation break if the additional break time will seriously disrupt operations.
Religious Dress
The Company does not discourage or prohibit employees from observing religious dress or grooming practices. Religious dress practices include the wearing or carrying of religious clothing, head or face coverings, jewelry, artifacts, and any other item that is part of the observance by an individual of his or her religious creed. Religious grooming practices include all forms of head, facial, and body hair that are part of the observance by an individual of his or her religious creed.
If you believe that you require an accommodation for a religious dress and/or grooming practice, please contact Human Resources. The Company reserves the right to deny an accommodation request if the requested accommodation would cause the Company undue hardship or jeopardize health and safety.
Overtime
The nature of our business sometimes requires employees to work overtime. Your supervisor will notify you when you are required to work overtime. We expect and appreciate your cooperation. We will try to provide you with advance notice of any overtime that will be required of you. All California non-exempt employees will be paid overtime as follows:
One-and-a-half times your regular rate of pay for any hours worked over eight hours per workday or 40 hours per workweek;
One-and-a-half times your regular rate of pay for any hours worked during the first eight hours on the seventh consecutive day in the same workweek;
Double your regular rate of pay for any hours worked over 12 hours per workday or for any hours worked over eight hours on the seventh day of the workweek.
Please remember you are not allowed to work overtime unless it has been authorized in advance by your supervisor. He or she will initial your overtime hours.
The Company pays all overtime wages required by law, and supervisors are expressly forbidden from instructing or encouraging employees to work overtime off the clock. Employees should immediately report to Human Resources any instruction or suggestion by a supervisor that an employee work off the clock.
Meal Breaks
Generally: Unless an employee waives their meal period per the procedures provided below, all non-exempt employees: (a) who work five or more hours in a workday are provided with an unpaid, duty-free 30-minute meal period beginning before the end of their fifth hour of work, and (b) who work ten hours or more in a workday are provided with a second unpaid, duty-free 30-minute meal period beginning before the end of their tenth hour of work. Employees are not permitted to perform work during this time and are free to leave the premises. Unless there is a valid written agreement for a waiver or for an on-duty meal period, employees must clock in and out for their meal periods.
Waiver: Employees may only waive their meal periods under the following circumstances. If an employee will complete their work day in six hours, the employee may waive their meal period through a written agreement with their supervisor. Employees who work over 10 hours in a workday may waive their second meal period only if they take their first meal period and they do not work twelve hours or more that day. Anytime an employee elects to waive a meal period they must submit a written request and receive prior written authorization from their supervisor. Employees may not waive meal periods to shorten their work day or to accumulate meal periods for any other purpose.
On-Duty Meal Period: If the nature of an employee’s duties prevents an employee from being relieved of all duty during a meal period, the employee will be asked to sign an on-duty meal period agreement. Employees who enter into such an agreement will be paid at their regular rate of pay during their meal period, unless the employee is working overtime, in which case, the employee will be paid at the applicable overtime rate.
No Company manager or supervisor is authorized to instruct or approve an employee’s wish to forego a meal period without a valid, written waiver or on-duty meal period agreement. Employees should immediately report a manager’s or supervisor’s instruction to skip a meal period to Human Resources.
Rest Breaks
The Company provides all non-exempt employees with the opportunity to take a paid net 10-minute rest period for every four hours worked (or major fraction thereof), which should be taken so far as practicable in the middle of each work period. Employees are relieved of all work duties and responsibilities during this time. Employees are free to leave the premises during the break.
Employees may not: (a) combine rest periods with meal periods; (b) waive a rest period under any circumstance; or (c) use a rest period at the beginning of their shift to delay their arrival time or at the end of their shift to expedite their departure time.
The following chart shows the number of rest breaks for which non-exempt employees are entitled to depending on the number of hours worked in a given workday.
| Hours Worked |
Rest Breaks |
| 0 - 3.5 |
0 |
| 3.5 - 6.0 |
1st |
| 6.0 - 10 |
2nd |
| 10.0 - 14.0 |
3rd |
| 14.0 - 18.0 |
4th |
Employees are expected to schedule their rest periods at their own discretion under these guidelines unless instructed otherwise by a supervisor. Recovery BreaksTo prevent heat-related illness, on any day where the temperature is 85° or above the Company will provide at least five minutes for any employee working outside who is believed to be suffering from a heat-related illness or who indicates that they need a cooldown period to protect themselves from overheating. A recovery break under this policy is in addition to regularly scheduled meal and rest breaks and should only be taken as needed to prevent heat-related illness. An employee will not be paid during his or her recovery break. Reporting Time PayIf you report to work as scheduled or at the Company’s request, but are not put to work because of an unanticipated closure, the Company will pay you for at least half of the hours that you were scheduled for or usually worked, but never less than two hours pay and never more than four hours pay, consistent with the chart below:
| Scheduled Hours |
Reporting Time Pay |
| 10 |
4 |
| 9 |
4 |
| 8 |
4 |
| 7 |
3.5 |
| 6 |
3 |
| 5 |
2.5 |
| 4 |
2 |
Reporting time pay will not be owed or paid under the following circumstances:
- When a closure is caused by threats to employees or company property or when recommended by a civil authority, such as the police;
- When public utilities fail, such as water, gas, electricity, or sewer; or
- When work is interrupted by an act of God or other causes not within the Company’s control.
Final WagesGenerally, when a final paycheck is issued to a California employee depends on whether the employee: (a) was terminated or laid off; (b) resigned with at least 72 hours’ notice; or (c) resigned without notice or less than 72 hours’ notice. In all circumstances, the Company will only pay final wages via direct deposit if authorized in writing by the employee in advance of their separation from employment. Final wages will include any accrued but unused vacation time.
Termination or layoff. If an employee is terminated or laid off, all wages and accrued vacation earned but unpaid are due immediately at the time and place of the termination or layoff.
Resign with at least 72 hours’ notice. The Company will pay employees who provide at least 72 hours’ notice of their resignation all wages and accrued vacation earned but unpaid on their last day of work.
Resign with less than 72 hours’ notice. If an employee resigns without providing at least 72 hours’ notice of their resignation, the Company will pay all wages and accrued vacation earned but unpaid within 72 hours after notice is given. An employee who resigns without giving 72 hours’ notice may request that their final pay be mailed to a designated address. For purposes of the 72-hour requirement, the mailing date is considered the payment date.
Drug Testing
The Company may require California employees to submit to drug testing under the following circumstances:
Post-Offer Testing: Applicants may be required to submit to drug testing after receiving an offer of employment, but before beginning their job with the Company.
Reasonable Suspicion Testing: Employees may be required to submit to drug/alcohol screening whenever the Company has a reasonable suspicion that they have violated any of the rules set forth in this policy. Reasonable suspicion may arise from, among other factors, supervisory observation, co-worker reports or complaints, performance decline, attendance or behavioral changes, results of drug searches or other detection methods, or involvement in a work related injury or accident.
Other Bases for Testing: Employees in safety sensitive positions may be tested on a random or periodic basis only as permitted by applicable state or local laws.
Personnel Files and Payroll Records
Every current and former California employee has the right to inspect and obtain copies of their personnel files and payroll records. To request inspection or copying of your personnel file and/or payroll records, please use the Company’s Personnel/Payroll Records Request form. By law, the 7 Company has up to 30 days to make an employee’s personnel file available for inspection and/or copying, and up to 21 days to do the same for payroll records. If copies are requested, the Company may charge the employee or former employee the actual cost of copying.
The Company retains personnel files and payroll records for at least three years from the date of any California employee’s separation from the Company.
California Family Rights Act Leave
The California Family Rights Act (“CFRA”) provide eligible employees the opportunity to take unpaid, job-protected leave for certain specified reasons. The maximum amount of leave an employee may use is either 12 weeks within a 12-month period.
Employee Eligibility
To be eligible for CFRA leave, you must:
- have worked at least twelve (12) months for the Company in the preceding seven years (limited exceptions apply to the seven-year requirement); and
- have worked at least 1,250 hours for the Company over the 12 months preceding the date your leave would commence.
Conditions Triggering Leave
CFRA leave may be taken for the following reasons:
- birth of a child, or to care or bond with a newly-born child;
- placement of a child with the employee and/or the employee’s registered domestic partner for adoption or foster care or to care or bond with the child;
- to care for an immediate family member (employee’s spouse, registered domestic partner, child, registered domestic partner’s child, parent, sibling, grandparent, or grandchild) with a serious health condition;
- because of the employee’s serious health condition that makes the employee unable to perform the employee’s job; or,
- to handle certain qualifying exigencies arising out of the fact that the employee’s spouse, son, daughter, or parent is on duty under a call or order to active duty in the Uniformed Services (up to 12 weeks) (see Military-Related Leave for more details).
The maximum amount of leave that may be taken in a 12-month period for all reasons combined is 12 weeks. Also, in addition to leave available CFRA, female employees may be eligible for leaves of absence during periods of disability associated with pregnancy or childbirth. Please see the pregnancy Leave of Absence Policy for further information on this type of leave.
Definitions
- “Child,” for purposes of Bonding Leave means a biological, adopted or foster child; a stepchild; a legal ward; or a child of a person standing in loco parentis, who is under age 18. For Family Care Leave, “Child” means a biological, adopted or foster child; stepchild; legal ward; or a child for whom the person stood in loco parentis, and who is of any age.
- “Parent,” for purposes of this policy, means a biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the person. This term does not include parents-in-law.
- “Covered Active Duty” means (1) in the case of a member of a regular component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country; and (2) in the case of a member of a reserve component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country under a call or order to active duty (or notification of an impending call or order to active duty) in support of a contingency operation as defined by applicable law.
- “Spouse” means a husband or wife. Husband or wife refers to the other person with whom an individual entered into marriage as defined or recognized under state law in the state in which the marriage was entered into or, in the case of a marriage entered into outside of any state, if the marriage is valid in the place where entered into and could have been entered into in at least one state. This definition includes an individual in a same-sex or common law marriage that either (1) was entered into in a state that recognizes such marriages; or (2) if entered into outside of any state, is valid in the place where entered into and could have been entered into in at least one state. For purposes of CFRA leave, a spouse includes a registered domestic partner or a same-sex partner in marriage.
- “Serious health condition” means an illness, injury, impairment or physical or mental condition that involves either:
- Inpatient care (including, but not limited to, substance abuse treatment) in a hospital, hospice or residential medical care facility, including any period of incapacity (that is, inability to work, attend school or perform other regular daily activities) or any subsequent treatment in connection with this inpatient care; or
- Continuing treatment (including, but not limited to, substance abuse treatment) by a health care provider that includes one or more of the following:
- A period of incapacity (that is, inability to work, attend school or perform other regular daily activities due to a serious health condition, its treatment or the recovery that it requires) of more than three consecutive calendar days, and any subsequent treatment or period of incapacity relating to the same condition, that also involves treatment two or more times via an in-person visit to a health care 9 provider, or at least one visit to a health care provider that results in a regimen of continuing treatment under the supervision of the health care provider.
- It does not include any period of incapacity due to pregnancy or prenatal care (which is instead covered by Pregnancy Disability Leave).
- Any period of incapacity or treatment for incapacity due to a chronic serious health condition that requires periodic visits to a health care provider, continues over an extended period of time and may cause episodic incapacity.
- A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective, such as Alzheimer’s, a severe stroke and the terminal stages of a disease.
- Any period of absence to receive multiple treatments (including any period of recovery) by a health care provider either for (a) restorative surgery after an accident or other injury; or (b) a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment.
- “Qualifying exigency” is defined by California law and generally includes events related to short-notice deployment, military ceremonies, support and assistance programs, changes in childcare, school activities, financial and legal arrangements, counseling and post-deployment activities. Qualifying Exigency Leave may also be used to spend up to 15 days with military members who are on short-term, temporary, rest and recuperation leave during their period of deployment.
Identifying the 12-Month Period
The Company measures the 12-month period in which leave is taken by the “rolling” 12-month method, measured backward from the date of any CFRA leave. CFRA leave for the birth or placement of a child for adoption or foster care must be concluded within 12 months of the birth or placement.
Using Leave
Eligible employees may take CFRA leave in a single block of time, intermittently (in separate blocks of time), or by reducing the normal work schedule when medically necessary for the serious health condition of the employee or immediate family member. Eligible employees may also take intermittent or reduced-scheduled leave for military qualifying exigencies Intermittent leave is generally not permitted for birth of a child, to care for a newly-born child, or for placement of a child for adoption or foster care, and must be taken in at least two week increments. Employees who require intermittent or reduced-schedule leave must try to schedule their leave so that it will not unduly disrupt the Company’s operations.
Use of Accrued Paid Leave
Depending on the purpose of your leave request, you may choose (or the Company may require you) to use accrued paid leave (such as sick leave, vacation, or PTO), concurrently with some or all of your CFRA leave. In order to substitute paid leave for CFRA leave, an eligible employee must comply with the Company’s normal procedures for the applicable paid-leave policy (e.g., call-in procedures, advance notice, etc.).
Maintenance of Health Benefits
If you and/or your family participate in our group health plan, the Company will maintain coverage during your CFRA leave on the same terms as if you had continued to work. If applicable, you must make arrangements to pay your share of health plan premiums while on leave. CFRA allows for the Company to recover premiums that the Company paid to maintain health coverage or other benefits for you and your family. Use of CFRA leave will not result in the loss of any employment benefit that accrued prior to the start of your leave.
Notice and Medical Certification
When seeking CFRA leave, you must provide:
- 30 days advance notice of the need to take CFRA leave, if the need for leave is foreseeable, or notice as soon as practicable in the case of unforeseeable leave and in compliance with the Company’s normal call-in procedures, absent unusual circumstances;
- Medical certification supporting the need for leave due to a serious health condition affecting you or an immediate family member within 15 calendar days of the Company’s request to provide the certification (additional time may be permitted in some circumstances). The certification should include the date on which the serious medical condition commenced and the probable duration of the condition. In the case of the employee’s own serious medical condition, the certification should also include a statement that due to the serious medical condition the employee is unable to work at all or to perform any one or more of the essential functions of his or her position without undue risk. In the case of a covered family member’s serious health condition, the certification should also include a statement that the serious health condition warrants the participation of the employee to provide care for the covered employee in addition to the probable duration for which the health care provider believes the employee needs to provide such care for the covered family member. If you fail to do so, we may delay the commencement of your leave, withdraw any designation of CFRA leave or deny the leave, in which case your leave of absence would be treated in accordance with our standard leave of absence and attendance policies, subjecting you to discipline up to and including termination. Second or third medical opinions and periodic re-certifications may also be required;
- Periodic reports as deemed appropriate during the leave regarding your status and intent to return to work; and
- Medical certification of fitness for duty before returning to work, if the leave was due to your serious health condition. The Company will require this certification to address whether you can perform the essential functions of your position.
- Failure to comply with the foregoing requirements may result in delay or denial of leave, or disciplinary action, up to and including termination.
Employer Responsibilities
To the extent required by law, the Company will inform employees whether they are eligible under the CFRA. Should an employee be eligible for CFRA leave, the Company will provide him/her with a notice that specifies any additional information required as well as the employee’s rights and responsibilities. If employees are not eligible, the Company will provide a reason for the ineligibility. The Company will also inform employees if leave will be designated as CFRA-protected and, to the extent possible, note the amount of leave counted against the employee’s leave entitlement. If the Company determines that the leave is not CFRA-protected, the Company will notify the employee.
Job Restoration
Upon returning from CFRA leave, eligible employees will typically be restored to their original job or to an equivalent job with equivalent pay, benefits, and other employment terms and conditions.
Failure to Return After CFRA Leave
The Any employee who fails to return to work as scheduled after CFRA leave or exceeds the 12-week CFRA entitlement will be subject to the Company’s standard leave of absence and attendance policies. This may result in termination if you have no other Company-provided leave available to you that applies to your continued absence. Likewise, following the conclusion of your CFRA leave, the Company’s obligation to maintain your group health plan benefits ends (subject to any applicable COBRA rights).
Other Employment
The Company generally prohibits employees from holding other employment. This policy remains in force during all leaves of absence including CFRA leave and may result in disciplinary action, up to and including immediate termination of employment.
Fraud
Providing false or misleading information or omitting material information in connection with an CFRA leave will result in disciplinary action, up to and including immediate termination.
Employers’ Compliance with CFRA and Employee’s Enforcement Rights
CFRA makes it unlawful for any employer to interfere with, restrain, or deny the exercise of any right provided under CFRA, or discharge or discriminate against any person for opposing any practice made unlawful by CFRA or for involvement in any proceeding under or relating to CFRA. While the Company encourages employees to bring any concerns or complaints about compliance with CFRA to the attention of the Human Resources Department, CFRA regulations require employers to advise employees that they may file a complaint with the U.S. Department of Labor or bring a private lawsuit against an employer.
Further, CFRA 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.
Limited Nature of This Policy
This Policy should not be construed to confer any express or implied contractual relationship or rights to any employee not expressly provided for by CFRA. The Company reserves the right to modify this or any other policy as necessary, in its sole discretion to the extent permitted by law. State or local leave laws may also apply.
Military Qualifying Exigency Leave
Eligible employees may take unpaid “Qualifying Exigency Leave” to tend to certain “exigencies” arising out of the duty under a call or order to active duty of a “covered military member” (i.e. the employee’s spouse, son, daughter, or parent). Up to 12 weeks of Qualifying Exigency Leave is available in any 12-month period, as measured by the same method that governs measurement of other forms of CFRA leave within the CFRA policy. Although Qualifying Exigency Leave may be combined with leave for other CFRA-qualifying reasons, under no circumstances may the combined total exceed 12 weeks in any 12-month period. The employee must meet all other eligibility standards as set forth within the CFRA policy.
Persons who can be ordered to active duty include active and retired members of the Regular Armed Forces, certain members of the retired Reserve, and various other Reserve members including the Ready Reserve, the Selected Reserve, the Individual Ready Reserve, the National Guard, state military, Army Reserve, Navy Reserve, Marine Corps Reserve, Air National Guard, Air Force Reserve, and Coast Guard Reserve.
A call to active duty refers to a federal call to active duty, and state calls to active duty are not covered unless under order of the President of the United States pursuant to certain laws.
Qualifying Exigency Leave is available under the following circumstances:
- Short-notice deployment. To address any issue that arises out of short notice (within seven days or less) of an impending call or order to active duty.
- Military events and related activities. To attend any official military ceremony, program, or event related to active duty or a call to active duty status or to attend certain family support or assistance programs and informational briefings.
- Childcare and school activities. To arrange for alternative childcare; to provide childcare on an urgent, immediate need basis; to enroll in or transfer to a new school or daycare facility; or to attend meetings with staff at a school or daycare facility.
- Financial and legal arrangements. To make or update various financial or legal arrangements; or to act as the covered military member’s representative before a federal, state, or local agency in connection with service benefits.
- Counseling. To attend counseling (by someone other than a health care provider) for the employee, the covered military member, or for a child or dependent when necessary as a result of duty under a call or order to active duty.
- Temporary rest and recuperation. To spend time with a covered military member who is on short-term, temporary rest and recuperation leave during the period of deployment. Eligible employees may take up to five of days of leave for each instance of rest and recuperation.
- Post-deployment activities. To attend arrival ceremonies, reintegration briefings and events, and any other official ceremony or program sponsored by the military for a period of up to 90 days following termination of the covered military member’s active duty status. This also encompasses leave to address issues that arise from the death of a covered military member while on active duty status.
- Mutually agreed leave. Other events that arise from the close family member’s duty under a call or order to active duty, provided that the Company and the employee agree that such leave shall qualify as an exigency and agree to both the timing and duration of such leave.
An employee seeking Qualifying Exigency Leave may be required to submit appropriate supporting documentation in the form of a copy of the covered military member’s active duty orders or other military documentation indicating the appropriate military status and the dates of active duty status, along with a statement setting forth the nature and details of the specific exigency, the amount of leave needed and the employee’s relationship to the military member, within 15 days. Qualifying Exigency Leave will be governed by, and handled in accordance with, the CFRA and applicable regulations, and nothing within this policy should be construed to be inconsistent with those regulations.
Pregnancy Disability Leave
Pregnancy disability leave (“PDL”) is available for female employees with disabilities related to childbirth. “Disabled” as used in this section includes, but is not limited to, severe morning sickness, prenatal or postnatal care, bed rest, gestational diabetes, pregnancy-induced hypertension, preeclampsia, postpartum depression, childbirth, loss or end of pregnancy, and/or recovery from childbirth or loss or end of pregnancy. Only your healthcare provider (as defined by California law) may determine whether you are disabled.
An employee may take up to four months of leave per pregnancy regardless of length of service with the Company. The four-month leave period is equivalent to the number of hours an employee 14 would regularly work in 17-1/3 weeks. For instance, a full-time employee who works 40 hours per week is entitled to 693 hours of leave. Employees who work more or less than that are entitled to a pro rata or proportional amount of leave. Employees who are eligible and take such leave will, on return from leave, have their same or similar position in accordance with state law. An employee may be transferred to a less strenuous or hazardous position upon request, if such transfer is medically advisable.
A woman can take PDL at any time that her healthcare provider designates her as disabled by pregnancy, childbirth, or related medical conditions. She can take leave at any time she is disabled during or after the pregnancy. She need not take all of her leave at once. The pregnant employee can take PDL intermittently, as in the case of morning sickness early in the pregnancy, followed months later by the birth of the child.
Except in cases of emergency, you must provide the Company with advance notice that you require a leave or other accommodation related to your pregnancy. If the need for leave is foreseeable, you must provide notice at least 30 days before the leave is to begin. If 30 days’ advance notice is not possible due to a lack of knowledge of when the leave, reasonable accommodation, or transfer will begin, a change in circumstances, a medical emergency, or other good cause, you must notify the Company as soon as possible. The Company will respond to your request as soon as possible, and in any event, not later than 10 calendar days after receiving the request.
You are required to obtain a certification from your health care provider of your pregnancy disability or the medical advisability of a transfer. The certification should include: (1) the date on which you became disabled due to pregnancy or the date of the medical advisability of a transfer; (2) the probable duration of the period(s) of disability or the period(s) for the advisability of a transfer; and (3) a statement that, due to the disability, you are either unable to work at all or to perform any one or more of the essential functions of your position without undue risk to yourself or to other persons, or a statement that, due to your pregnancy, a transfer to a less strenuous or hazardous position or duties is medically advisable. Failure to obtain the required certification may result in the delay or denial of your request for leave.
PDL leave is unpaid by the Company. However, at your option, you may use any accrued vacation time or other accrued paid time off as part of your PDL before taking the remainder of your leave on an unpaid basis. We require, however, that you use any available sick leave during your PDL. The use of any paid leave will not extend the duration of your PDL.
We encourage you to contact the Employment Development Department regarding your eligibility for state disability benefits insurance during your leave.
When a pregnancy disability leave ends, the employee will be reinstated to the same position, unless either the job ceased to exist because of legitimate business reasons or the means of preserving the job would substantially undermine the ability of the company to operate safely and/or efficiently. In most instances, if the same position is not available, the employee will be offered a comparable position in terms of pay, benefits, job content, and promotional opportunities.
Policy Against Harassment, Discrimination, and Retaliation for California Employees
The Company is committed to a discrimination-free work environment, which includes maintaining a workplace free from all types of harassment, including sexual harassment. This policy supplements the Company’s Policy Against Discrimination, Harassment and Retaliation.
Equal Employment Opportunity
The Company is an equal opportunity employer. This means that all employment decisions, including decisions regarding recruiting, hiring, promotion, termination, transfers, reassignments, layoffs, compensation, benefits, or other changes in employment status, terms, or conditions, will be made based on individual merit, legitimate business reasons, or other lawful criteria.
Additionally, the Company strictly prohibits any such decisions being made based on an employee’s race, religion (including religious dress and grooming practices), color, sex (including pregnancy, childbirth, breastfeeding or related medical conditions), sex stereotype, transgender status, gender (including gender identity and gender expression), national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, registered domestic partner status, age, sexual orientation, military and veteran status or any other basis protected by federal, state, or local law.
Policy Against Discrimination, Harassment, and Retaliation
The Company prohibits discrimination, harassment, or disrespectful or unprofessional conduct based on any of the characteristics listed in the Equal Employment Opportunity Policy, the perception that anyone has any of those characteristics, or is associated with a person who has or is perceived as having any of those characteristics. The Company also prohibits retaliation against individuals who raise complaints of discrimination or harassment or who participate in workplace investigations.
Harassment Prevention
Harassment, including sexual harassment, is against the law and prohibited by Company policy.
The Company’s policy against harassment applies to all employees, independent contractors, interns, vendors, customers, guests, and any other persons whom you may interact with while working.
Sexual harassment is generally defined as unwanted sexual advances, requests for sexual favors, or visual, verbal, or physical conduct of a sexual nature.
Examples of prohibited sexual harassment include:
- Unwanted sexual advances or propositions;
- Offering employment benefits in exchange for sexual favors;
- Making or threatening reprisals after a negative response to sexual advances;
- Visual conduct, such as leering, making sexual gestures, displaying of suggestive objects or pictures, cartoons, or posters;
- Verbal conduct, including making or using derogatory comments, epithets, slurs, or jokes;
- Verbal abuse of a sexual nature, graphic verbal commentaries about an individual’s body, sexually degrading words used to describe an individual, suggestive or obscene letters, notes, or invitations; or
- Physical conduct, such as touching, assault, or impeding or blocking movements.
Other types of unlawful harassment include harassment based on any of the characteristics listed in the Equal Employment Opportunity Policy. Examples of such prohibited harassment include:
- Derogatory comments, epithets, slurs, or jokes;
- Posting or sharing derogatory materials, such as posters, cartoons, drawings, or pictures;
- Unwelcome touching, assault, or impeding or blocking movements;
- Bullying behavior, including threats, intimidation coercion, ridicule, insults, or belittling;
- Spreading false or malicious rumors;
- The gratuitous sabotage or undermining of a person’s work performance; or
- Other conduct that unreasonably interferes with another’s work performance or creates a hostile work environment.
Reporting Discrimination, Harassment, or Retaliation
If you believe that you have been subjected to or witnessed harassment, discrimination, retaliation, or other prohibited conduct, you should immediately report this to your supervisor or Human Resources at GlobalEmployeeRelations@citadel.com. This report may be made verbally or in writing and should include details of the incident(s), when the incident(s) occurred, the names of individuals involved, and the names of any witnesses.
You are not required to report harassment, discrimination, retaliation, or other prohibited conduct to any person that engaged in such conduct or who is the subject of your report.
Supervisors or managers who observe or receive reports of harassment, discrimination, retaliation, or other prohibited conduct must immediately report such conduct to Human Resources.
The Company will conduct a fair, timely, thorough, effective, and complete investigation into any reports of harassment, discrimination, retaliation, or other prohibited conduct. The Company will conduct the investigation in such a way to maintain confidentiality to the extent practicable under the circumstances.
The results of any investigation under this policy will be communicated to the complainant, the alleged wrongdoer, and, as appropriate, any others directly concerned. If a report of harassment, discrimination, retaliation, or other prohibited conduct is substantiated, the Company will take prompt and effective remedial action.
The Company strictly prohibits retaliation in any way against any individual for reporting harassment, discrimination, retaliation, or other prohibited conduct pursuant to this policy.
Harassment Training for Supervisors
All supervisory employees will be provided with at least two hours of classroom or other interactive training and education regarding sexual harassment within six months of receiving a supervisory position and at least once every two years thereafter.
Legal Remedies and Complaint Procedures for the Department of Fair Employment & Housing
California law provides for remedies for individuals who experience prohibited discrimination or harassment in the workplace. These remedies include hiring, front pay, back pay, promotion, reinstatement, cease-and-desist orders, expert witness fees, reasonable attorneys’ fees and costs, punitive damages, and emotional distress damages.
In addition to the complaint and reporting procedures provided in the Company’s Policy Against Discrimination, Harassment, and Retaliation, California employees who believe they have experienced discrimination or harassment may file a complaint with the California Department of Fair Employment & Housing (“DFEH”). Complaints must be filed within one year of the last act of discrimination or harassment or, for victims who are under the age of 18, not later than one year after the victim’s eighteenth birthday. For more information, you may contact the DFEH by telephone at (800) 884-1684; TTY at (800) 700-2320; videophone for the hearing impaired at (916) 226-5285; email at contact.center@dfeh.ca.gov; or online at www.dfeh.ca.gov.
Reasonable Accommodation Policy
It is the Company’s policy to comply with all federal and state laws concerning the employment of people with disabilities. In particular, the Company will provide reasonable accommodations to applicants and employees who are qualified for a job, with or without reasonable accommodations, so that they may perform the essential functions of the position unless doing so would pose a direct threat to the health, safety, and well-being of the applicant or employee or others in the workplace or creates an undue hardship for the Company.
Reasonable Accommodations
A reasonable accommodation is any change to the work environment that enables an individual with a disability to perform the essential functions of their position. Reasonable accommodations may include, but are not limited to, making existing facilities accessible; job restructuring; part-time or modified work schedules; acquiring or modifying equipment; changing tests, training materials, or policies; providing qualified readers or interpreters; or reassignment to a vacant position.
Procedure for Requesting an Accommodation
If you require an accommodation, please inform your supervisor or Human Resources at HRbenefits@citadel.com. The Company will respond promptly to your request.
A request for an accommodation need not mention any particular law, such as the Americans with Disabilities Act, or include the specific phrase “reasonable accommodation.” The request may be made in any form of communication that is accessible to you, including in-person, by phone, or by email.
The initial request for an accommodation is generally the first step in an informal interactive process between you and the Company to clarify your needs and identify the appropriate reasonable accommodation that will allow you to perform the essential functions of your position. The exact nature of this dialogue will likely vary depending on the circumstances. In some cases, the disability and type of accommodation required may be obvious and there may be little discussion required. In other cases, where the disability and accommodation required are not obvious, the Company may need additional information concerning your limitations in order to identify an effective accommodation. This may include a request for documentation from a healthcare provider establishing that you have a disability, identifying the functional limitations imposed by your disability, and proposing effective accommodations.
As part of this process, the Company may offer alternative suggestions for reasonable accommodations and engage with you to determine their effectiveness in allowing you to perform the essential functions of your position.
The Company may choose among reasonable accommodations as long as the chosen accommodation is effective. The Company cannot force you to accept an accommodation. However, if you require an accommodation to perform an essential function of your position and you refuse to accept an effective accommodation, you may not be qualified to remain in the position.
The Company strictly prohibits retaliation or discrimination against any individual for requesting an accommodation or engaging in the interactive process.
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