Employee Handbook. Farmshare Austin

Transcription

1 Employee Handbook Farmshare Austin Contents Introduction... 2 Drug and Alcohol Policy... 2 Discrimination Policy... 2 Equal Employment Opportunity Policy... 2 Sexual Harassment Policy... 3 Definitions... 3 Recognizing Harassment... 3 Grievance Procedure... 3 Disciplinary Action... 4 Workplace Harassment Policy... 4 Family and Medical Leave Act... 5 Disabled Employees and Accommodations Policy... 5 Procedure for Requesting an Accommodation... 5 Reporting, Investigating, and Resolving Employee Complaints... 6 Reporting... 6 Investigation... 6 Discipline... 7 Retaliation Policy... 7 Performance Reviews... 7 Acknowledgement of Receipt of Employee Handbook... 9

2 Introduction The Farmshare Austin Employee Handbook is a set of organizational policies intended to protect the rights of employees and help ensure a fair and safe working environment. The Employee Handbook will be issued to all current employees and during orientation of new employees and employees will be notified of updates as necessary. The policies are subject to change at the discretion of the Executive Director. The Handbook does not constitute a contract or legal agreement. Drug and Alcohol Policy Farmshare Austin intends to help provide a safe and drug-free work environment for our students, volunteers, and employees. With this goal in mind we are establishing the following policy for existing and future employees of Farmshare Austin. Farmshare Austin explicitly prohibits: The use, possession, solicitation for, or sale of narcotics or other illegal drugs or prescription medication without a prescription on Farmshare Austin premises or while performing an assignment. The possession or consumption of alcohol by minors (persons under 21 years old) at Farmshare Austin events or on Farmshare Austin premises. Employees are expected to respect and enforce this policy. Employees from being intoxicated due to the consumption of drugs or alcohol at Farmshare Austin events or on Farmshare Austin property. Farmshare Austin may conduct post-accident testing following an incident of accident or injury on Farmshare Austin property. Any employee involved in an on-the-job accident or injury may be asked to submit to a drug and/or alcohol test. "Involved in an on-the-job accident or injury" means not only the one who was or could have been injured, but also any employee who potentially contributed to the accident or injury event in any way. If an employee refuses a request to submit to testing under this policy, the employee may be subject to appropriate disciplinary action, up to and possibly including discharge from employment. In such a case, the employee will be given an opportunity to explain the circumstances prior to any final employment action becoming effective. Discrimination Policy Farmshare Austin does not and shall not discriminate on the basis of race, color, religion (creed), dietary preferences, gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or military status, in any of its activities or operations. These activities include, but are not limited to, hiring and firing of staff, selection of volunteers and vendors, and provision of services. We are committed to providing an inclusive and welcoming environment for all members of our staff, clients, volunteers, subcontractors, vendors, and clients. Equal Employment Opportunity Policy Farmshare Austin is an equal opportunity employer. We will not discriminate and will take affirmative action measures to ensure against discrimination in employment, recruitment, advertisements for employment, compensation, termination, upgrading, promotions, and other conditions of employment against any employee or job applicant on the bases of race, color, gender, national origin, age, religion, creed, disability, veteran's status, sexual orientation, gender identity or gender expression.

3 Sexual Harassment Policy All employees have a right to work in an environment free from discrimination and harassing conduct, including sexual harassment. Definitions In general, harassment means persistent and unwelcome conduct or actions on any of the bases underlined above. Sexual harassment is one type of harassment and includes unwelcome sexual advances, unwelcome physical contact of a sexual nature or unwelcome verbal or physical conduct of a sexual nature. Unwelcome verbal or physical conduct of a sexual nature includes, but is not limited to: The repeated making of unsolicited, inappropriate gestures or comments; The display of offensive sexually graphic materials not necessary for our work; Harassment on any basis (race, sex, age, disability, etc.) exists whenever: Submission to harassing conduct is made, either explicitly or implicitly, a term or condition of an individual's employment. Submission to or rejection of such conduct is used as the basis for an employment decision affecting an individual. The conduct interferes with an employee's work or creates an intimidating, hostile or offensive work environment. Recognizing Harassment Harassment may be subtle, manipulative and is not always evident. It does not refer to occasional compliments of a socially acceptable nature. It refers to behavior that is not welcome and is personally offensive. All forms of gender harassment are covered. Men can be sexually harassed; men can harass men; Women can harass other women. Offenders can be managers, supervisors, co-workers, and nonemployees such as clients or vendors. Some examples of harassment are: Verbal: o Jokes, insults and innuendoes (based on race, sex, age, disability, etc.), degrading sexual remarks, referring to someone as a stud, hunk or babe; whistling; cat calls; comments on a person s body or sex life, or pressures for sexual favors. Non-Verbal: o Gestures, staring, touching, hugging, patting, blocking a person's movement, standing too close, brushing against a person's body, or display of sexually suggestive or degrading pictures, racist or other derogatory cartoons or drawings. Grievance Procedure Any employee who believes he or she is being harassed, or any employee, who becomes aware of harassment, should promptly notify his or her direct supervisor. If the employee believes that the supervisor is the harasser, the supervisor's supervisor or the Chair of the Board of Directors should be

4 notified. Information on your right to file a state or federal harassment complaint is also available from Upon notification of a harassment complaint, a confidential and impartial investigation will be promptly commenced by the Executive Director and/or Board of Directors which will include direct interviews with involved parties and where necessary with employees who may be witnesses or have knowledge of matters relating to the complaint. The parties of the complaint will be notified of the findings and their options. Disciplinary Action Farmshare Austin views harassment and retaliation (see Retaliation Policy) to be among the most serious breaches of work place behavior. Consequently, appropriate disciplinary or corrective action, ranging from a warning to termination, can be expected if harassment or retaliation allegations are validated. Workplace Harassment Policy To promote equal employment opportunity for all employees, Farmshare Austin strives to maintain an atmosphere of mutual respect and understanding in the workplace. Toward that end, we consider the use of demeaning, belittling, humiliating, insulting, or other forms of disrespectful language toward or about yourself or others to be unacceptable. One or more of the following tests may be useful in determining whether particular terms are unacceptable under this policy: Whether you would feel discriminated against or insulted if someone else who is different from you were to use that term when referring to you or speaking to you about someone else; Whether referring to yourself or another person in such a way would tend to segregate yourself or others on a minority basis; Whether such terminology tends to perpetuate racial, ethnic, gender, or other minority stereotypes; and Whether such terms would make a normal person feel belittled, needled, or picked on. While the context of such statements can be important in judging whether the statements violate this policy, in general, Farmshare Austin will consider any such language unacceptable and will follow up on any complaints it receives. The following examples illustrate what is unacceptable under this policy (the list is not exhaustive and is only a general guide): Slurs and other disrespectful terms relating to a person's race, color, religion, age, national origin, citizenship status, gender, sexual orientation, genetic information, or disability Excessive or habitual use of terms relating to a person's characteristics, if a reasonable person would feel excluded, belittled, or singled out for unwanted attention through such language Referring to people in terms of their assumed nationalities Words relating to gender stereotypes Profane or obscene references to yourself or others It is no excuse that you apply an unacceptable term to yourself. Such terms inevitably disturb others, even if they do not say so out loud. Further, they perpetuate unfavorable stereotypes and foster a hostile work environment. While we are all different, and appreciate everything that makes us unique

5 individuals, there is no need to dwell upon those differences to the point where we become preoccupied with ourselves and what separates us from one another. We are all employees here, we are team members, and we are united in working to give our customers the best possible value and experience with our company. In sum, using unacceptable language in the workplace calls into question the speaker's maturity, judgment, and suitability as a team member. Such language will not be tolerated. Depending upon the severity and repeat nature of a particular offense, a violation of this policy will result in appropriate corrective action, up to and potentially including termination of employment. Farmshare Austin hopes that no such action will be necessary, but will act where action is needed. Family and Medical Leave Act 1993 The Family and Medical Leave Act (FMLA) of 1993 is a federal law enacted to help employees balance their work and family life and to promote the stability and economic security of families. It allows eligible employees to take job-protected unpaid leave, or substitute appropriate paid leave if the employee has earned or accrued it, for up to a total of 12 work weeks during a 12- month period (July 1 - June 30) for a family or personal serious health condition which qualifies under FMLA. FMLA applies to employers with 50 or more employees. While Farmshare Austin is not considered a covered employer because of its current size if the need for extended leave for personal or family issues arises please discuss the issue with your immediate supervisor. For more information on FMLA please visit Disabled Employees and Accommodations Policy Farmshare Austin is committed to complying with all applicable provisions of the Americans with Disabilities Act ("ADA"). It is our policy not to discriminate against any qualified employee or applicant with regard to any terms or conditions of employment because of such individual's disability or perceived disability so long as the employee can perform the essential functions of the job. Consistent with this policy of nondiscrimination, we will provide reasonable accommodations to a qualified individual with a disability, as defined by the ADA, who has made Farmshare Austin aware of his or her disability, provided that such accommodation does not constitute an undue hardship on the organization. Employees with a disability who believe they need a reasonable accommodation to perform the essential functions of their job should contact their immediate supervisor. Farmshare Austin encourages individuals with disabilities to come forward and request reasonable accommodation. Procedure for Requesting an Accommodation On receipt of an accommodation request your supervisor will meet with you to discuss and identify the precise limitations resulting from the disability and the potential accommodation that Farmshare Austin might make to help overcome those limitations. Farmshare Austin will determine the feasibility of the requested accommodation considering various factors, including, but not limited to the nature and cost of the accommodation, the availability of tax credits and deductions, outside funding, our overall financial resources and organization, and the

6 accommodation's impact on operations, including its impact on the ability of other employees to perform their duties and on Farmshare Austin's ability to achieve its mission and goals. Farmshare Austin will inform the employee of its decision on the accommodation request or on how to make the accommodation. If the accommodation request is denied, employees will be advised of their right to appeal the decision by submitting a written statement explaining the reasons for the request. If the request on appeal is denied, that decision is final. The ADA does not require Farmshare Austin to make the best possible accommodation, to reallocate essential job functions, or to provide personal use items (i.e., eyeglasses, hearing aids, wheelchairs etc.). An employee or job applicant who has questions regarding this policy or believes that he or she has been discriminated against based on a disability should notify their direct supervisor, the Executive Director, or the Chair of the Board of Directors. All such inquiries or complaints will be treated as confidential to the extent permissible by law. For more information on the American s With Disabilities Act please visit Reporting, Investigating, and Resolving Employee Complaints When you have questions or problems related to your employment, you are encouraged to discuss such matters informally with your supervisor to obtain answers or advice. If you want further informal consideration or you feel that the problem constitutes a serious violation of Farmshare Austin policy you should feel free to consult the Executive Director. Reporting If you wish to pursue a formal grievance or report an incident that violates Farmshare Austin policy you are encouraged to submit the facts of the issue(s) in writing to your immediate supervisor, Executive Director, or Chair of the Board of Directors within ten days of the date that the matter occurred. Complaints filed after ten days will be considered but the untimely nature may impact the effectiveness of an investigation. An individual receiving a complaint must keep the contents of the complaint confidential and make a determination with in two business days whether or not an investigation should be opened regarding a specific complaint. The individual who filed the complaint may withdraw the complaint during that time. All complaints, even those that are not investigated, will be keep in a confidential file by Farmshare Austin. Should the employee decide the reply or decision to investigate is unsatisfactory, the employee or the employee's representative shall, within five days, submit an appeal to Farmshare Austin s Executive Committee. The Committee shall respond in writing to the grievance within five days from the date of the review. Decisions by the Executive Committee are final. Appeals and decisions will also be kept in a confidential file by Farmshare Austin. Investigation Investigations of serious incidence will be used to determine the validity of a complaint. Two Board Members appointed by the Executive Committee will be asked to interview the filer of the complaint and other employees that may have been involved in the incident. The investigators have ten business

7 days to conduct interviews, complete documentation, and make a finding and, if necessary, recommend disciplinary action. If the investigators determine that ten days is an insufficient amount of time to complete an investigation they may ask the Executive Committee for an Extension. Once an investigation is complete the Executive Committee has five days to adopt the conclusions of an investigation and accept or amend any disciplinary decision. The effected parties must be notified of the outcome of the complaint process at that time. In the event the outcome of an investigation and decision by the Board of Directors is unsatisfactory to either party of a complaint, within five days of receipt of the decision of they may file a written notice of appeal to the Board of Directors by delivering such notice of appeal to the Chair of the Board. Upon the receipt of the notice of appeal, the full Board of Directors will review all records of the complaint and investigation and review the decision. The decision of the full Board of Directors will be give within ten business days and will be final. At any time the Executive Committee may consult outside council for guidance in conducting an investigation, determining appropriate disciplinary action(s), or reviewing a decision. Advice of council may alter timelines and procedures of this process. Parties will be notified of any process changes. Discipline Farmshare Austin will have a progressive disciplinary systems. Following an investigation, if an incident that violates a policy, term of employment, or conduct expectation is deemed to have occurred one of the following actions will be taken: Written warnings Probation Suspension with or without pay Disciplinary pay cut of up to 2% Demotion or reassignment Final warning Dismissal The action taken will depend on the severity of the violation, the frequency of its occurrence, and previous employee conduct. All actions will be documented by Farmshare Austin and acknowledged in writing by the employee. Retaliation Policy This policy also expressly prohibits retaliation of any kind against any employee bringing a complaint or assisting in the investigation of a complaint. Such employees may not be adversely affected in any manner related to their employment. Performance Reviews Performance reviews will help Farmshare Austin understand how employees are working achieve the goals outlined in the organization s Strategic Plan. Such reviews are intended to track the employees progress towards the work and responsibilities outlined in their job description and may use metrics developed in collaboration with the Executive Director, the employees direct supervisor, and the

8 employee. If the employee is eligible for performance-based bonuses the reviews and financial feasibility of bonuses will determine those decisions. Performance reviews will occur quarterly or as deemed necessary by the Executive Director.

9 Acknowledgement of Receipt of Employee Handbook The Employee Handbook contains important information about the Farmshare Austin, and I understand that I should consult the Executive Direction or staff person responsible for personal regarding any questions not answered in the handbook. I have entered into my employment relationship with Farmshare Austin voluntarily, and understand that there is no specified length of employment. Accordingly, either the Company or I can terminate the relationship at will, at any time, with or without cause, and with or without advance notice. I understand and agree that no person other than the Executive Director may enter into an employment agreement for any specified period of time, or make any agreement contrary to the Company's stated employment-at-will policy. Since the information, policies, and benefits described herein are subject to change at any time, I acknowledge that revisions to the handbook may occur, except to Farmshare Austin s policy of employment-at-will. All such changes will generally be communicated through official notices, and I understand that revised information may supersede, modify, or eliminate existing policies. Only the Executive Director has the ability to adopt any revisions to the policies in this handbook. Furthermore, I understand that this handbook is neither a contract of employment nor a legally-binding agreement. I have had an opportunity to read the handbook, and I understand that I may ask questions I might have concerning the handbook. I accept the terms of the handbook. I also understand that it is my responsibility to comply with the policies contained in this handbook, and any revisions made to it. I further agree that if I remain with Farmshare Austin following any modifications to the handbook, I thereby accept and agree to such changes. I have received a copy of the Farmshare Austin s Employee Handbook on the date listed below. I understand that I am expected to read the entire handbook. Additionally, I will sign copies of the Acknowledgment of Receipt. I understand that this form will be retained in my personnel file. Signature of Employee Date Employee's Name - Printed