TABLE OF CONTENTS Welcome to ESU # General Personnel Policy Statement Nondiscrimination Civil & Legal Rights...

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1 TABLE OF CONTENTS Welcome to ESU # General Personnel Policy Statement Nondiscrimination Civil & Legal Rights Recruitment Procedures and Conditions of Employment Recruitment Procedures and Conditions of Employment Certified Personnel Nepotism Appointment Appointment of Certificated Employees Assignment of Certificated Employees Personnel Records Social Security Numbers WEB Access to Employee Payroll Information Orientation Salary Guides Salary Schedule Considerations (Certified Employees) Salary Considerations (Non Certified Employees) Work Day Work Day Closing/Late Start of the Unit Due to Inclement Weather Closing of Educational Institutions (schools) for Weather or Emergency Purposes Employee Benefits: Change of Status/Qualifying Event, Health, Dental, Life, LTD Section 125 Plan, Retirement Plans 403(b), Roth 403(b) Overtime for Non-Exempt Overtime Work and Compensation Holidays Holidays Vacation Vacation Exempt Employees Non-Exempt Employees Department Directors

2 4.50 Short-Term Leaves/Compensation 20 - Jury Duty, Witness Duty, Election Duty, National Guard or Reserve Duty Nebraska Family Military Leave Act Nebraska Family Military Leave Workers Compensation Miscellaneous / Emergency Leaves Voluntary Leave Sick Leave 27 - Maternity Leave Sick Leave.. 27 Exempt Employees. 27 Non-Exempt Employees (Except Paraprofessionals) Paraprofessionals Family Medical Leave Act (FMLA) Family Medical Leave Act (FMLA) Family Medical Leave (FMLA) U.S. Department of Labor Bereavement Leave Bereavement Leave Personal Leave (Certificated Staff and Occupational / Physical Therapists) Personal Leave (Less than 1 FTE) Non-ESU Business Dress Code Dress Code Equipment / Property Use; Ownership Equipment /Property Use; Ownership Internet Use / Telecomputing Use Internet Use / Telecomputing Use 42 - ESU #3 Single User Computer Security and Use Regulation ESU #3 Electronic Communication Security and Use Regulation ESU #3 Network Security and Use Regulation 50 - ESU #3 Server Computer System Security & Use Regulation ESU #3 Wireless Computers & Wireless Access Point Security & Use Regulation Social Media Monitoring Drug Free Workplace Policy 53 2

3 4.64 Weapons Prohibition Safety Policy Automated External Defibrillator Cellular Phone Use Cellular Phone Use Communicable Diseases Procedures for Communicable Diseases Control Elimination of Discrimination, Harassment and Retaliation and Compliance Procedures Elimination of Discrimination (Statement of Compliance) Professional Boundaries Abuse of Students by ESU #3 Employees or Volunteers Personally Identifiable Student Data Items Maintained Personally Identifiable Student Record (FERPA/HIPPA) Bullying and Cyberbullying Prevention and Education Restraint and Seclusion Interrogation Request by Non School Officials Relating to Students in ESU # Publication or Creation of Educational Materials Publication or Creation of Educational Materials Agreement 74 (Confidentiality and Proprietary Rights Agreement) Private Consultative Activities / Outside Employment Private Consulting / Outside Employment Professional Growth (Certified Staff) Procedures for Credit Courses Professional Growth / Travel Expenses Evaluation 78 - Probationary Certified Employees Probationary Certified Employees Evaluation Procedures Permanent Certified Employee 80 - Permanent Certified Employee Evaluation Procedures 80 - Evaluator Qualifications Grievances Grievance Procedure Reduction in Force Certificated Employees

4 4.91 At-Will Employment At-Will Employment Contract Amendment / Termination of Certificated Staff Resignation of Certificated Staff Employee Separation Program Employee Separation Program Termination Procedures for Non-Certified Employees Termination Procedures Exit Interview 87 - COBRA Provisions Non-Competition Clause Physical and Occupational Therapy Services Computer Programming Codes, Materials and Services Gifts to Personnel Gifts to Personnel.. 91 ADMINISTRATIVE PROCEDURES Job Application Materials 92 Criminal Background Check 92 Equal Opportunity Employer / Notice of Non-Discrimination 92 Smoke / Tobacco Free Workplace.. 92 Non-Exempt Employee Break Time 93 Ninety-Day Probation Period.. 93 Your Job 93 Safety Glasses. 93 Paraprofessional Personal Leave.. 94 Position Vacancies 94 Communication 94 Eating in Office Areas / Department Refrigerator.. 94 Name Badges 94 Privacy Notice Birthdays.. 94 Animals / Pets in the Building. 95 Safely Moving Furniture / Equipment 95 Privacy of Protected Health Information. 95 Emergency Plans.. 96 Employee Handbook Sign Off Sheet 97 4

5 WELCOME TO ESU # We hope that this Employee Handbook will assist you in your understanding of both the responsibilities and benefits that are yours as a staff member of Educational Service Unit #3. This Handbook consists of ESU #3 Board Policy (Personnel Section 4.0) and Administrative Regulations. Your understanding and acceptance of this Employee Handbook is a condition of your employment at Educational Service Unit #3. Please let your supervisor know if you have any questions concerning the Employee Handbook. We encourage you to become acquainted with the staff and programs of the Service Unit. Through the unified efforts of all our departments, Educational Service Unit #3 is providing a myriad of services to 70,000 students being educated in 155 school buildings within our four-county service area. We are pleased to have you on our staff, and we wish you well as you join our team. Sincerely, Gil Kettelhut Gil Kettelhut, Administrator 5

6 HOLIDAYS For (260 Day Employee) September 2 November 28 & 29 December 24, 25, & 26 January 1 May 26 July 4 Labor Day Thanksgiving Day & the Friday following Christmas Eve, Christmas Day & the day following (see department director for possible flexing options on the day before and after Christmas) New Year s Day Memorial Day Independence Day ************************************************************************* HOLIDAYS 212 day Boys Town employee September 2 November 28 & 29 Floating Holiday One-half In-service Day Labor Day Thanksgiving Day and the Friday following Upon advanced approval from program coordinator To be used by the end of the school year 6

7 EDUCATIONAL SERVICE UNIT #3 BOARD MEMBERS Ron E. Pearson, President James Stock, Vice President Dennis Wilkins, Secretary Barbara Coleman Stuart Dornan Alan Moore John Witzel Phillip G. Wright The Board of Educational Service Unit No. 3, hereinafter referred to as ESU #3, is made up of eight (8) elected officials from the service area. This Board is the governing body of ESU # GENERAL PERSONNEL POLICY STATEMENT Through its personnel policies, the Board wishes to establish conditions that will attract and hold the highest qualified personnel for all positions and who will devote themselves to the education and welfare of the Unit. The Board wishes to attract and retain personnel in the Unit who are motivated to do their best work. To keep its personnel policies, and the corresponding administrative regulations, in the highest state of effectiveness to achieve the above purposes, the Administrator is directed to establish the procedures needed. The Board, upon the recommendation of the Administrator, shall employ personnel, adopt policies, and approve regulations governing their employment and duties. Nondiscrimination Equal opportunity employment: It shall be the policy of ESU #3 to employ the best qualified applicant for each position without regard to race, color, religion, age, gender, disability, national or ethnic origin, or marital status. It shall be an unlawful employment practice for an employer to fail, refuse to hire, or to discharge any individual, or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment because of such individual's race, color, religion, age, gender, disability, national or ethnic origin or marital status. Educational Service Unit #3 admits students of any race, color, religion, gender, disability, national or ethnic origin to all the rights, privileges, programs, and activities generally accorded or made available to students at the school. It does not discriminate on the basis of race, color, religion, gender, disability, national or ethnic origin in administration of its educational policies, admission policies, scholarship and loan programs, and other school administered programs. Civil and Legal Rights Consistent with the accepted ethical standards for the education profession, with the statutes and constitution of the state, and with the Constitution and Bill of Rights of the United States of America, employees shall have full rights of citizenship and the exercise thereof. Policy revised: 9/15/09 7

8 4.10 RECRUITMENT PROCEDURES AND CONDITIONS OF EMPLOYMENT The determination of personnel needed in the operation of services of Educational Service Unit #3 and the recruitment of such personnel lies with the Administrator of the Unit. The approval of initial employment of all personnel will be made by the ESU #3 Board upon the recommendation of the Administrator. Policy adopted: 8/31/ RECRUITMENT PROCEDURES AND CONDITIONS OF EMPLOYMENT Procedure for recruiting candidates: 1. Recruit as soon as the job or position is reviewed and warranted. 2. Review and determine classification standards, job characteristics, and pay level. 3. Advertise the position on the ESU #3 website and other sources, if deemed necessary by the Administrator. 4. All applicants will fill out an ESU #3 application form. 5. The Program Directors will interview applicants for non-program director positions and make recommendations to the Administrator. 6. Final selection will be based on merit. 7. The selected employee will be provisionally hired, and may immediately start employment pending ESU #3 board action on final approval of the hiring. 8. The provisional employee s name, qualifications, and pay level will be brought to the Board for approval of employment. Employees approved for employment by the Board shall be subject to all policies and rules of the Board and administration now existing or subsequently adopted. Further, those employees working in the local schools within the Unit will be governed by the policies of the Board of Education of the local school district and under the direction of the local school administrator while on the premises. Rule revised: 2/08/2010 Certified Personnel In the employment of certified personnel, consideration is given to professional training, teaching experience, and characteristics desirable in excellent teachers. Each certified candidate will: 1. Submit an official college transcript to the Personnel Office; 2. Submit a record of teaching and other work experience to the Personnel Office. 3. Submit evidence that he / she meet the professional certification requirements of the State of Nebraska. Upon appointment, the certificated employee shall receive a contract showing his/her salary, number of days of employment, and other conditions of employment. The employee shall return the signed contract to the Administrator s office within ten (10) days, unless an extension of time has been given. Rule revised:

9 4.11 NEPOTISM All otherwise qualified individuals will be given equal opportunity for ESU #3 employment with the exception that no member of the Board of ESU #3 will be employed by ESU #3 in any position. In order to minimize any potential conflict of interest when applying for a position, the applicant will give notice to the Board of ESU #3 by providing a written statement to the Board disclosing the nature and extent of the applicant's familial relationship to a board member or ESU #3 employee. The written notice must be given prior to the Board of ESU #3 taking official action on employment. In order to minimize any potential conflict of interest, or appearance of a conflict of interest, any board member who is related to an applicant for a position with ESU #3 by marriage, or as an extended family member, as defined in the Employee Handbook, shall: A. not vote on the employment in question; B. not act as a representative of the Board to enter into or execute an employment contract; C. provide a statement for inclusion in the board minutes to demonstrate that disclosure of a familial relationship with an applicant was made prior to any hiring decisions. If an extended family member of an ESU #3 board member, or an employee of ESU #3, becomes an applicant for an employment position, the board member and / or the ESU #3 employee shall, as soon as practical after learning of such fact, provide in writing to the Administrator the nature of the family relationship. The Administrator shall maintain this statement in the office of the Director of Business Services and report it to the Board of Education. Otherwise qualified people may be employed regardless of their familial relationships with any employee or board member of ESU #3, except as restricted above, and the restriction that no individual will be hired or assigned to a position if the immediate supervisor has a familial relationship of any nature with the candidate. Policy adopted: 8/31/ APPOINTMENT The Board seeks to employ the best qualified people available at appropriate salaries for competent employees. The Administrator shall notify each employee of his/her election, and shall be responsible for completing the employment process together with the required information and documents. The Administrator shall keep accurate records of service. Appointment of Certificated Employees Upon appointment, the employee shall receive a contract stating his/her salary, assignment, and condition of employment. The employee shall return the signed contract to the Administrator within ten (10) days unless an 9

10 extension of time has been given. Appointment shall be conditioned upon the applicant's meeting state certification. Assignment of Certified Employees It shall be the policy of ESU #3, to coordinate and cooperate with all school districts receiving services through the Service Unit employees serving on the instructional or service faculty of a school. Such coordination and cooperation shall consist of accommodating reasonable requests from the administration of such school, or from any Board of Education of any such school so served as herein specified, provided however, that to the extent that any such coordination or cooperation would be violative of any statute, rule or regulation, or collective bargaining contract, or individual contract of any employee of ESU #3. This policy shall be modified to be in conformity with such statute, rule or regulation, collective bargaining agreement, or individual employment contract. Policy adopted: 8/31/ PERSONNEL RECORDS Each employee shall have the right, upon written request, to review the contents of their own personnel file in the presence of a witness, except that all confidential material supplied by outside agencies concerning an original employment may be removed from the file and shall not be subject to review by the employee. The employee may request a third party to accompany them in such review. All personnel shall have on file in the personnel office: 1. Application form; 2. Employee information form; 3. Copy of social security card and driver s license; 4. Employee s withholding exemption certificate for income tax (W-4); 5. Nebraska School Employee Retirement form; 6. Direct deposit authorization; 7. Confidentiality statement, if required by the position; 8. Acknowledgement of Handbook; 9. A current state certificate or evidence that application has been made (copy). (Certified personnel only); 10. Transcripts (Certified personnel only). Social Security Numbers Employees social security numbers shall be kept confidential to the extent required by federal and state law. Rule revised: 07/17/07 WEB ACCESS TO EMPLOYEE PAYROLL INFORMATION ESU #3 employees can access their employee information including salary, benefits, payroll check history, deductions, leave, certifications (certified staff only) and degrees (certified staff only) via the following website: pay.esu3.org 10

11 Each employee will be able to print a prior month check stub from the Employee Access Center. The Employee Access Center will allow you to look at payroll information when there are questions, such as, How many exemptions am I using for federal income tax, or I lost my pay stub. Can I get a copy of it? With employee access you can print the information from work or home at your convenience. This is read only access. Each employee will have a user ID and password. The user ID is the employee number and the password is the last four digits of the employee s social security number. The first time an employee logs on, the system will bring up a message asking the user to change the password from the social security number. You do not have to change the password, but we highly recommend each employee does change their password for security reasons. If the password is not changed, the question will come up each time the employee logs on to the system. If you do not know your employee number, you may contact the help desk. Your number will be ed or mailed to you when you answer some personal questions. When logged onto the website, the screen navigation will be displayed vertically on the top left side of the screen. Simply click on: (Please note: There is a help link on each page listed below for further clarification.) Employee Information - to see address, phone number, income tax exemptions, etc. Salary & Benefits - to see monthly and annual salary and benefit information. Leave Information - to see leave days recorded by leave type. Please note that all leave is recorded one month in arrears. There may be leave that is not yet recorded or posted. Click on the leave type name and the screen will display a detailed listing of the days the leave bank was used. Payroll Checks - to review or print any past pay stubs since April The screen will display a listing of all pay checks by date. Simply click on the pay date to be viewed to see the information. Deductions & Benefits - to see the current deductions coming out of your paycheck each month. Certifications and Degrees for certified staff to see their certificate endorsements, expiration date, etc. An employee can change their password by clicking on change password on the top left horizontal bar on the screen. The log out is also located on the horizontal bar on the top left portion of the screen. Have questions? Please click on help on the top left horizontal bar on the screen. Please review the following for where to go when asking questions. Please your questions to: helpdesk@esu3.org for questions related to passwords, screen navigation, logon, etc. dmilan@esu3.org for questions related to salary, deductions, benefits, demographic information and tax information. gmeiners@esu3.org for questions related to leave, or certificates (applies to certified staff only). Questions regarding the site should to be sent to one of the above areas by only. We respectfully ask that you do not call these individuals for help with the website. The staff member will address the questions as their work schedule allows. Each address contact above is authorized to assist for the specific items 11

12 noted by the address. For example, the help desk cannot assist with payroll questions. Questions relating to the website will not have first priority, but each question will be addressed within one week. Rule Revised ORIENTATION The administration is hereby directed to set up and conduct appropriate orientation sessions for all new and transferred employees. Policy adopted: 8/31/ SALARY GUIDES The Board believes that all employees should be adequately compensated in terms of their performance in specific assignments, their overall contribution to the education of children, and their potential value to the Unit. Every reasonable effort will be made to maintain the personnel necessary to implement this policy. It is the Board's intent to provide sufficient salaries for all positions to permit adequate compensation on the basis of both the responsibility involved and the performance of the individual. Policy adopted: 8/31/ SALARY SCHEDULE CONSIDERATIONS (Certified Employees) 1. The base salary and salary schedule is as negotiated. 2. This salary schedule is based on 190 days of service. 3. An employee will be placed upon the experience-factor step according to the experience gained through: A. certificated experiences in school districts, ESUs or state department of education approved programs; B. an intensified apprentice teaching program; C. accredited clinical experience; D. private practice, business or industry, as determined by the ESU #3 Administrator. 4. The maximum column upon which a new employee will be placed depends upon the employee s educational background. 5. All hours must be earned before the contract begins and an official transcript of credits showing these hours must be on file in the ESU #3 administrative office. 6. Employees will be eligible for benefits as set forth in the Employee Handbook. 12

13 Salary Schedule Considerations Index Salary Schedule (190 Days) Step BA BA+12 BA+24 BA+36 or MA M + 12 MA + 24 MA + 30 MA + 36 Ed.D Ph.D Compensation Exempt employees will be paid once a month, normally on the last working day of each month, through direct bank deposit. Non-exempt (hourly) employees will be paid bi-weekly every other Friday through direct bank deposit. 2. The working year is the specified school year. For exempt staff, payment for the school year begins on September 1 and ends on August 31, paid monthly in 12 installments. Payment for hourly staff occurs on the second Friday following the end of the pay period. Rule Revised SALARY CONSIDERATIONS (Non Certified Employees) 1. Salaries shall be reviewed by the Administrator and Department Directors for all employees at least once annually. Increases will be effective on September 1 of each year. 2. Recommendations will be in light of existing salary trends, budgetary limitations, and results of the performance appraisal. 13

14 3. Any individual salary increases may be granted by the Board, upon the recommendation of the Administrator, during the fiscal year when an individual's work assignment would change significantly to warrant such an increase or to adjust to the market rate of compensation WORK DAY The regular office hours of Educational Service Unit #3, including the times for lunch and breaks, will be set by the administrator. Lunch time is to be taken between 11:30 a.m. and 1:00 p.m., at the discretion of the Department Director. Within each department, lunch schedules will be staggered so each department always has office coverage. These hours will be adhered to as closely as possible; however, the Administrator may assign compensatory time when it is necessary to conduct business other than at these hours. Policy revised: 10/18/ WORK DAY For staff members working twelve months per year, but scheduled or contracted for less than 260 days, the work days will be scheduled by the Department Director, with input from the staff member. After the work schedule is set, the schedule cannot be changed unless approved by the Department Director. Closing / Late Start of the Unit Due to Inclement Weather When the Unit is closed for a weather day, full-time and part-time staff members will be compensated for the day if they are scheduled to work. Non-hourly employees will mark weather day on their department time certification log/form and will not be subjected to loss of pay or time (vacation*, compensatory, and so forth) due to the closing of the Unit. Hourly employees will record the number of regularly scheduled hours for that day as miscellaneous leave. *Employees eligible for vacation, personal, or sick leave who have previously scheduled leave for that day will still be subject to use the leave previously scheduled. If an employee is not scheduled to work as shown on their annual department time certification calendar or work schedule on a day that a weather day occurs, the employee shall not be paid for the weather day. When the Unit has a late start, such as 10:00 a.m., staff will be expected to be at the Unit as soon as possible to the starting time. Staff members will not be subjected to loss of pay or time (vacation, compensatory, and so forth) due to hours missed for the late start of the Unit unless the leave was previously scheduled. Staff will be expected to use their best judgment concerning their own travel situation. Staff members not able to get to the Unit within one hour of the designated start time may use flex time during the week to make up the time lost. Other related time, such as accrued compensatory time or vacation time, may also be used for compensation for the lost time. The final recourse, at the option of the staff member, is also to be docked for time lost. In addition, staff members may have options to make-up their lost time, if so desired. In all cases, staff members have the flexibility and control over their own safety. 14

15 Closing of Educational Institutions for Weather or Emergency Purposes ESU #3 staff members are to follow the schedule of the educational institution(s) to which they are assigned for that specific day, based upon the job classification of the ESU #3 staff member: 1) Nine / ten month ESU #3 staff members will follow the teaching staff schedule. 2) Full-time ESU #3 staff members will follow the central office schedule. Rule Revised: 8/22/11 EMPLOYEE BENEFITS ESU #3 offers its employees access to a variety of insurance programs. All insurance benefits begin on the first day of the month, following the date of employment, and ends on the last day of the month at termination. Change of Status/Qualifying Event: Changes to benefits must occur within 30 days of the date the event occurred. The employee is responsible to review the benefits offered by ESU #3 to determine whether the change of status/qualifying event regulation applies based on their personal circumstances. Health Insurance: ESU #3 is part of the statewide Educators Health Alliance through Blue Cross/Blue Shield of Nebraska. Eligible employees are defined as follows: 1. Certified staff working.63 FTE (120 days) or more will be required to take the insurance coverage. ESU #3 will pay the employee only premium. (As required in the negotiated agreement.) 2. Hourly staff or exempt staff working an average of 30 or more hours per week and are working OR are paid 12 months of the year. 3. Exempt, less than 260 day, at-will staff working at least 142 days (190 days x.75fte) or more per week and are working OR are paid 12 months of the year. All new employees who are eligible for coverage must participate in employee only health/dental coverage. Participation is a condition of employment. Grandfathered Status: Employees hired prior to April 1, 2008 who were eligible for BCBS coverage but were enrolled in health insurance coverage under a spouse s GROUP plan were deemed to have a grandfathered status and were not required to participate in the BCBS plan. An grandfathered employee who is no longer eligible for coverage under a spouse s group plan is required to enroll in ESU #3 s plan as the employee no longer meets the requirements of the grandfathered status classification. Employees currently classified with grandfathered status must provide proof of enrollment in a spouse s GROUP plan during open enrollment. A copy of the front and back of the insurance card is needed for proof of coverage. To comply with the BCBS participation requirements, your group insurance plan will be confirmed. This status is not an indefinite classification and may be re-evaluated in future years. NOTE: Employees with this status that previously ended employment with ESU #, are re-employed, and eligible for coverage are required to enroll in the plan. The comprehensive health insurance includes: $950 deductible for individual coverage or $1,900 for dependent coverage, with a maximum of $2,250 per individual, or $4,500 for two covered members enrolled 15

16 on the employee s plan. There is an 80/20 co-pay on medical if inside the system, and a 60/40 co-pay outside the system. Other benefits and restrictions are outlined in the insurance policy information which can be found on the ESU #3 website in the document section under BCBS Forms & Information. Coverage for the employee s spouse, child(ren), or spouse plus child(ren) coverage is available at an additional cost. Dental Insurance: Employee only dental coverage is automatically included under all Educators Health Alliance health plans. Coverage for the employee s spouse, children, or spouse plus child(ren) is available at an additional cost. See the dental insurance brochure for the list of covered services. The eligibility rules for the health coverage apply to the dental coverage. Premium Payment: ESU #3 pays the employee only health and dental premium for the certified bargaining unit staff as set out in the negotiated agreement. Please refer to the agreement. All other eligible employees will pay the employee only health and dental premium through payroll deduction from the employee s gross pay. Optional dependent coverage elected by the employee is also paid through a payroll deduction from the employee s gross pay. Cash-in-Lieu Stipend for Certified Bargaining Unit Staff: Cash-in-lieu stipends are according to the approved negotiation agreement. Please refer to the agreement for the specifics. Life Insurance: Enrollment is required in a $50,000 basic life insurance policy, which includes accidental death and dismemberment benefits. Dependent life is available at $15,000 for spouse and $7,500 for each child. An employee may also purchase supplemental life insurance for themselves in the amount of $30,000, $60,000 or $90,000. The optional insurance includes accidental death and dismemberment benefits. The dependent life does not. Certified and OT/PT employees normally scheduled to work at least.75 FTE and at-will employees normally scheduled to work at least 1,560 hours per year must participate in the basic life plan. Long Term Disability (LTD) Insurance: The long-term disability insurance benefit begins on the 91st calendar day of unemployment due to illness or accident. It pays 66 percent of an employee s monthly rate of basic earnings. The benefit is tax free at the time of payment because the employee paid the premium. Certified and OT/PT employees normally scheduled to work at least.50 FTE, and at-will employees working 12 months of the year and normally scheduled to work at least 1,040 hours per year must participate. Section 125 Plan ESU #3 offers a Section 125 Flexible Spending Account Plan. Employees may have pre-tax deductions deferred to one or more of the following categories: 1. Payroll Deducted Group Health, $50,000 in Life Insurance coverage, Family Dental, and other selected insurance premiums. 2. Unreimbursed Medical Expenses (cannot exceed $2,500 per year). 16

17 3. Dependent Care Expenses (cannot exceed $5,000 per year). Deduction amounts can only be changed once a year at enrollment time, except when circumstances change status of benefits. Enrollment will be conducted on-line in July/August to sign up for September 1 start up, or upon hiring. For additional information go to: Retirement Nebraska Public Employee Retirement System All employees of ESU #3 are covered by the Federal Social Security Act. In addition, all employees working at least 20 hours per week (July 1 June 30) and hired after July 1, 1978, must belong to the Nebraska State Teachers Retirement System (NPERS). ESU #3 employees are eligible to participate in tax deferred annuity programs with a company of their choice. Rule Revised: 8/22/11 403(b) and Roth 403(b) Retirement Plan Because ESU #3 is a political subdivision involved in education, you are eligible to participate in an IRS qualified 403(b) (invested with pre-tax dollars), Roth 403(b) (invested with after tax dollars), retirement plan. ESU #3 will deduct your specified amount from your check each month, and forward this contribution to your selected vendor. The employee must complete the Enrollment Agreement, and the company selected for investment must meet the IRS requirements. The third party administrator will be 403b Consultants, LLC. The agreements can be obtained in the administration department and also on the ESU #3 website in the Documents section under 403b Plan. Rule Revised: 7/21/ OVERTIME FOR NON-EXEMPT Employees will not normally be asked to work overtime. Overtime work, considered to be after 40 hours of work per week, will occur only at the specific request of the Department Director or Administrator. In the event of overtime work, compensation will be provided as allowed by the Federal laws covering overtime work for public employees. Policy adopted: 5/20/ OVERTIME WORK AND COMPENSATION The following rule shall be in effect regarding extra time worked: 1. Overtime work will only occur at the direct request of the Department Director or the Administrator. 2. Overtime/compensatory time will be kept in the Pentamation timecard software. 3. Compensatory hours, equal to one and one-half times the number of hours worked, will be awarded to the employee. The time to use your compensatory time off must be coordinated with your immediate supervisor. 4. Compensatory hours will not be allowed to accumulate more than thirty (30) calendar days beyond the end of the week in which they were earned. 17

18 It is the intention of this procedure to recognize that it is sometimes necessary for personnel to work extra hours and to provide a fair means of awarding time off in a manner convenient to both ESU #3, and the employee, in accordance with the Federal laws governing overtime of public employees. Rule Revised: 7/17/ HOLIDAYS The Board endorses a standard set of annual holidays. The administration is directed to establish, in rule, the holidays for employees and the rules pertaining thereto. Policy adopted: 8/31/ HOLIDAYS The ESU #3 calendar of holidays, for 260 days per-year employees, is: New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day and Friday following Christmas Eve, Christmas Day, and the day following (see department director for possible flexing options on the day before and after Christmas) When a holiday occurs on a Saturday, usually the preceding Friday will be observed as the holiday. When a holiday occurs on Sunday, usually the following Monday will be observed as the holiday. The ESU #3 calendar of holidays for 212 days per-year staff at Boys Town is as follows: Labor Day Thanksgiving Day and the Friday following Floating Holiday with advance approval of program coordinator One-half in-service day Paraprofessionals are paid for days worked. Holidays, teacher in-service days, snow days, etc. are unpaid. Employees hired the day after, or are terminated the day before a holiday will not be paid for the holiday. Rules revised: 5/20/ VACATION Dates of vacation periods for employees qualifying for vacation leave are to be determined by the Department Director with the approval of the Administrator. All requests for vacation must be in writing to his / her Department Director. Policy adopted: 5/20/

19 4.42 VACATION Exempt Employees: All 260 day employees scheduled to work five days per week for 52 weeks per year, except Department Directors, qualifying for vacation under ESU #3 board policies, will be entitled to ten (10) working days of vacation each year of employment. A day constitutes the number of hours normally scheduled on a regular basis for the employee to work even if the number of hours per day is fewer than eight. Vacation days will be accrued at the rate of one (1) day per month of completed employment until the employee has earned ten (10) days for the year. A vacation day accrues and is posted on the last working day of the month. A vacation year shall mean the ESU #3 fiscal year. People hired during the fiscal year will earn their vacation accrual at the end of each month, beginning with the first full month of employment. Vacation days may be taken as earned at any time during the year, but only with the approval of the department director. A holiday occurring during a vacation period will not be counted as a day of vacation. There is a limit to the number of accrued vacation days that an employee can have on their record before the department director will assign vacation time to the employee and require that vacation time to be taken. Vacation accrued in excess of twenty (20) days must be taken by the employee, prior to July 31 and if not scheduled by the employee, it will be assigned by the department director and required to be taken. After five (5) years of employment, the employee will earn fifteen (15) days of vacation each year. These will accrue at the rate of 1.25 days per month. The posting and accrual procedures as stated above will apply. Non-exempt (hourly) employees: All 260 day, eight (8) hours per day employees scheduled to work five days per week for 52 weeks per year, qualifying for vacation under ESU #3 board policies, will be entitled to earn a maximum of eighty (80) hours of vacation equivalent to ten (10) working days each year of employment. Vacation days will be accrued at the rate of per hour of completed employment until the employee has earned eighty hours for the year. The vacation accrues and is posted on each bi-weekly pay date until the maximum amount earned for the year is reached. A vacation year shall mean the ESU #3 fiscal year. People hired during the fiscal year will earn their hourly vacation accrual beginning with the first bi-weekly payroll the employee is paid. Employees hired during the fiscal year will not earn the maximum 80 hours of leave since they will not have worked a full year. Vacation leave hours may be taken as earned at any time during the year, but only with the approval of the department director. A holiday occurring during a vacation period will not be counted as a vacation leave. There is a limit to the number of accrued vacation hours that an employee can have on their record before the department director will assign vacation time to the employee and require it to be taken. Vacation accrued in excess of 160 hours equivalent to twenty (20) days must be taken by the employee, prior to July 31, or the department director will assign the vacation time and require it to be taken. After five (5) years of employment, the employee will accrue vacation leave at a rate of per hour of completed employment until the employee has earned a maximum of 120 hours equivalent to fifteen (15) days of vacation each year. NOTE: An employee reaching five (5) years employment during the fiscal year will 19

20 begin accruing the higher rate for the hours worked after the anniversary date. The employee may not earn the maximum 120 hours depending on the month of the fiscal year that they begin to accrue the higher leave rate. Non-exempt, hourly employees scheduled to work five days per week for 52 weeks per year, but working less than 8 hours per day are entitled to earn leave at the hourly rates described above. The employee must be scheduled to work a minimum of 20 hours per week each week of the year. This does not apply to hourly staff such as school secretaries, paraprofessionals, Gifford Farm facilitators, or hourly non-exempt staff members not scheduled to work five days per week for 52 weeks per year. Leave will accrue in the employee s leave bank in day units for exempt staff, and hour units for nonexempt, hourly staff. When an employee s employment ends with ESU #3, and the employee has unused vacation leave, the balance of vacation leave will be paid on the final pay check. The payroll department will take into consideration any unrecorded vacation leave that the employee may have taken to determine the final payout balance. Department Directors Department directors will be entitled to twenty-two (22) working days of vacation each year, accrued at the rate of two (2) days per month, until the department director has earned 22 days for the year. A vacation year shall mean the fiscal year. Vacation may be taken at any time during the year, with the approval of the Administrator. A holiday occurring during a vacation period will not be counted as a day of vacation. There is a limit to the number of accrued vacation days that a department director can have on their record before the Administrator will assign vacation time. Vacation accrued in excess of thirty (30) days must be taken by the department director, prior to July 31, or the Administrator will assign vacation time and require it to be taken. When an employee s employment ends with ESU #3, and the employee has unused vacation leave, the balance of vacation leave will be paid on the final pay check. The payroll department will take into consideration any unrecorded vacation leave that the employee may have taken to determine the final payout balance. Rule Revised: 7/13// SHORT-TERM LEAVES / COMPENSATION It shall be the policy of ESU #3 to grant short-term leave to its employees for the reasons listed below. A. Jury Duty: Employees who are called for jury duty will be granted a short-term leave with full pay for time needed. Employees who receive notification of jury duty are to report this to their Department Director immediately. B. Witness Duty: Employees who are subpoenaed for witness duty will be granted a leave with full pay for time needed. Employees who receive a subpoena for witness duty are to report this to their Department Director immediately. 20

21 C. Election Duty: Employees who are called for election duty will be granted a leave with full pay for time needed. Employees who receive notification of election duty are to report this to their Department Director immediately. D. National Guard or Reserve Duty: Employees who are called to such duties are to notify their Department Director immediately. Compensation for Jury, Witness, Election, National Guard, or Reserve duty shall be handled as outlined below: A. If the duty involves time in evenings or on weekends, any fee received may be retained by the staff member. B. If the duty takes place during regular working hours, the staff member may elect any of the following options: 1. he/she may turn the fee over to the ESU #3; 2. he/she may retain the fee and count the time involved as deducted from his vacation time; if vacation time is applicable; 3. he/she may retain the fee and have the appropriate amount of salary for the time spent deducted from his/her daily rate of pay. Policy adopted: 5/20/ NEBRASKA FAMILY MILITARY LEAVE ACT Military leave and family military leave will be granted to eligible employees to the extent required by state law. The specific regulations to this act may be found in ESU #3 s Employee Handbook. Policy 8/20/ NEBRASKA FAMILY MILITARY LEAVE ACT Employees must notify the Administrator as soon as they receive notification of activation for either themselves or a qualifying family member. Employees will attach a copy of the orders to the letter to request leave when they prepare the request for military leave. The service order must be for a service period of 179 days or more. The employee is entitled to up to thirty (30) days of unpaid leave. The leave period granted under state law aligns with Federal FMLA leave. State law allowable leave is not in addition to the Federal FMLA leave rights. An employee may use accrued vacation or personal leave during this leave period. Employees requesting to take family military leave must notify the Administrator at least fourteen (14) days in advance of taking such leave if the leave will be for five (5) or more consecutive days, consult with their supervisor to schedule the leave so as to not unduly disrupt operations of the ESU, and for leaves of less than five (5) days, notify the Administrator of the leave request as soon as practicable. 21

22 Employees must have been employed with the Service Unit for at least 12 months and worked 1250 hours preceding the commencement of FMLA leave to be eligible. Rule Revised: ESU # 3 WORKERS COMPENSATION POLICY I. PURPOSE: The purpose of this policy is to prevent ESU# 3 employees from receiving payment for sick leave and Workers Compensation benefits for the same period. This policy works in conjunction with all other policies of ESU #3, including policies for paid leave and FMLA. II. POLICY A. Administration 1. An employee who sustains a work-related injury shall submit the required Workers Compensation packet to the Director of Business Services or its delegate within twenty-four (24) hours of a work -related injury. The Workers Compensation packet must be filled out any time an employee is injured on the job, even if the injury is minor and the employee does not seek medical treatment. The Workers Compensation packet, which can be found on the ESU #3 website, includes the following forms: 1) Workers Compensation Incident Report; 2) Employee s Choice or Change of Doctor Form; 3) First Report of Alleged Occupational Injury or Illness; 4) Accident Investigation Report; and 5) Election of Option Form 2. An employee who is absent for more than three (3) days with a serious health condition, as defined under the Family and Medical Leave Act (FMLA), must apply for FMLA and follow the applicable FMLA policies. FMLA forms and policies may be found on the ESU #3 website and in the ESU #3 Employee Handbook. Any employee who qualifies under FMLA must use all accrued paid leave before receiving unpaid leave whenever the employee is not using Workers Compensation benefits. Eligible employees using FMLA leave will continue to receive group health insurance. Other employee benefits which are deducted from payroll must be reimbursed to ESU #3 by the employee in the event there is a deficit. Nothing in the Election of Option form shall be construed as a waiver of the employee s rights under the Workers Compensation Act. 3. An employee who sustains a work-related injury shall submit an Election of Option Form which shall designate the employee s choice of receiving either sick leave or Workers Compensation benefits for the period of absence. An employee who is incapacitated and unable to submit the Election of Option form will be granted accrued sick leave first, and then any other accrued paid leave after exhausting all sick leave. An Election of Option form may be completed by an individual legally authorized to act on the employee s behalf. B. Election to receive Workers Compensation Benefits 22