SURVEY

PAID TIME OFF (PTO) 

Section 1. PTO eligibility is determined on a calendar year basis (i.e., from January 1st to December 31st.) and only regular Employees are eligible for PTO benefits.

Section 2. Regular full time Employees accrue Paid Time Off (“PTO”) beginning on the date that he/she/they commence employment. PTO must be taken in full-day or half-day increments (except as otherwise required by law).

a. Regular full time Employees accrue PTO on a pro-rated basis during the calendar year. 

b. Regular part time Employees accrue PTO on a pro-rated basis consistent with full time Employees. 

c. PTO allotments for full time Employees hired on or after 1/1/2015 are as follows: 

d. PTO allotments for full time Employees on or before 12/31/2014 are as follows:

Section 3: PTO Administration:

a. Employees are required to record all requests for time off (i.e., PTO, sick leave, jury duty) in the Company's Time and Attendance System. The Employer has no obligation to grant any time off request that is not submitted through this system.

b. Accrued PTO cannot be used until after the ninety (90) day probationary period has been successfully completed.

c. Annual PTO should be fully used by December 31st of the year in which it is accrued. Unless otherwise required by law, no more than forty (40) unused PTO hours may be carried over to the following year, and these carryover hours must be used by March 31st of the following year or will be forfeited.

d. In certain exceptional circumstances, with the express prior approval of the People Team, additional 30 unused PTO may be carried over and also must be used by March 31st of the following year.

e. Unless otherwise required by law, an Employee will not receive pay in lieu of unused PTO at the end of a calendar year.

f. Employees may request and use unearned PTO, up to a maximum of forty (40) hours, with the express advance approval of the People Team of the Employer. When leaving the Company, any Employee who has used more PTO time than he/she/they have accrued will be required to reimburse the Company for the extra hours taken. 

g. Employees will no accrue PTO while on any leave of absence that extends beyond thirty (30) days, or while on any unpaid leave of absence. 

h. An Employee shall not have a PTO request approved, nor be allowed to take PTO time, after providing notice of resignation or receiving notice of termination. 

Section 4: 

PTO must be requested at least fourteen (14) calendar days in advance, and must be approved by your Manager. PTO for emergencies must be requested twenty-four (24) hours in advance, and PTO for any such time shall be contingent on the manager's ability to cover the shift. All PTO must be scheduled to accommodate the necessary work in each area. 

Section 5: PTO payout upon the end of employment

a. Unless otherwise required by law, an Employee who has completed his/her/their probationary period will be paid for any accrued but unused PTO upon leaving the firm only if he/she/they: 

1. are terminated without cause; or

2. resign and provide at least two (2) weeks of notice of resignation

b. Unless otherwise required by law, an Employee will not be paid for accrued but unused PTO upon leaving the firm if he/she/they:

1. terminate his/her/their employment for any reason prior to the completion of the probationary period;

2. are terminated for just cause (as determined by the discipline and discharge article of this agreement); or

3. resign without providing two (2) weeks of notice 

SICK TIME OFF (STO)

Section 1. Full time and part time Employees earn up to forty (40) hours of Sick Time Off (STO) each calendar year (unless otherwise required by law). STO accrues at the rate of one (1) hour of sick time off for each thirty (30) hours worked, up to forty (40) hours accrued (unless otherwise required by law). During the probationary period, Employees will not be paid for any sick time taken. During the first year of employment, STO is pro-rated, using the accrual formula above. Section 2. Unless otherwise required by law, STO may be used for an absence due to: 

a. an Employee's mental or physical illness, injury or health condition, or need for medical diagnosis, care or treatment of a mental or physical illness, injury or health condition or need for preventative medical care;

b. an Employee's care of a “family member" who needs medical diagnosis, care or treatment of a mental or physical illness, injury or health condition, or who needs preventative medical care;

c. the closure of the office because of a public health emergency; or d. provision of primary care for a child whose school or childcare provider is closed.

Section 3. A "family member" is defined as an Employee's child (biological, adopted or foster child; legal ward; child of an Employee standing in loco parentis), grandchild, spouse, domestic partner, parent, grandparent or sibling (including half, adopted or step sibling).

Section 4. If an Employee is unable to work due his/her/their own illness or injury for more than seven (7) consecutive days, the Employee may be eligible to apply for short-term and/or long-term disability or workers' compensation benefits. Paid STO is not available if the Employee is receiving disability or workers' compensation payments.

Section 5. Unless otherwise required by law, STO should be taken either for one half (½) of the Employee’s scheduled shift or for the full shift. Where the need to use STO is foreseeable, the Employee must request the time off as early as practicable but at least twenty-four (24) hours in advance; where the need is unforeseeable, the Employee must provide notice at least one (1) hour prior to his/her/their next scheduled shift (unless exigent circumstances apply). The Employee is required to inform the manager (by phone and by electronic communications, such as e-mail or Slack) each day for which work is scheduled, but the Employee is absent. Daily notification will not be required in cases where the Employee has notified the manager exactly how long the absence will be before, or at the beginning of, the absence period.

Section 6. After an absence on three (3) or more consecutive work days, or when the Employer has demonstrable concerns about the legitimacy of the request, the Company reserves the right to require a verifiable notice from a health care provider, school or childcare provider for the Employee or family member, in which the diagnosis and/or prognosis for the Employee’s ability to return to work are clearly and completely presented.

Section 7. Employees may request to take unearned STO as an advance, provided that a member of the People Team of the Employer has expressly approved such an advance. When leaving the Company, any Employee who has used more sick time than he/she/they have accrued will be required to reimburse the Company for the extra STO taken. 

Section 8. Unused STO may be carried over from year to year; however an Employee shall not be allowed to utilize more than eighty (80) hours of STO in any calendar year (including any carryover STO) with the exception of the circumstance set forth in the Article covering Leaves of Absence, Family and Medical Leave contained herein, or where otherwise required by law.

Section 9. In December of each year, regular full time and regular part time Employees shall have the option to "cash out" all accrued but unused paid sick time off in excess of seventy-five (75) accrued hours at a rate of fifty percent (50%) of the value of such cashed out STO. Accrued STO in excess of one hundred fifty (150) hours shall be paid out at a rate of one hundred percent (100%) of the value of such STO in January of each calendar year.

Section 10. STO at termination shall only be paid out pursuant to the above formula, unless otherwise required by law.

Section 11. Employees may voluntarily contribute his/her/their carryover unused STO to another employee in extenuating circumstances and provided further that the Employer has approved such a transfer of paid STO.

HOLIDAYS

Section 1. All regular full time Employees will receive seven and a half (7.5) hours pay at his/her/their regular straight-time hourly rate in honor of New Year's Day, Memorial Day, the Fourth of July, Labor Day, Martin Luther King, Jr. Day, Thanksgiving Day and Christmas Day. However, Employees whose schedules consist entirely of shifts longer than seven and a half (7.5) hours of paid time will receive holiday pay equal to his/her/their amount of hours of pay he/she/they work on the current regular schedule.

Section 2. Holiday pay for regular part time Employees who are regularly scheduled for at least twenty four (24) hours of work per week will be paid based on the number of hours the Employee is regularly scheduled to work on the day of the week on which the holiday falls. Employees who agree to work a longer or shorter shift on the holiday will receive pay for the amount of time for which he/she/they are regularly scheduled only.

Section 3. If scheduled to work on any of these days, an eligible full time and part time Employee will be paid at his or her regular rate for the time worked plus holiday pay for the hours worked if the Employee works the hours for which he or she is scheduled.

Section 4. To be eligible for holiday pay, an Employee must work the holiday (if scheduled), and must work the last regularly scheduled day preceding and the first regularly scheduled day following the holiday. Employees on layoff will not be eligible for holiday pay, with the understanding that the Employer will not use layoff to avoid the payment of holiday pay.

Section 5. In addition to the holidays listed in Section 1 of this article, each regular full time and part time Employee will receive one floating holiday each year, beginning on January 1 of the year following the date on which the Employee became regular. This floating holiday must be taken in the year in which it was granted.

a. The pay for this floating holiday will be calculated consistent with the holiday pay rules in Sections 1 and 2 of this Article.

b. The Employee may only take a floating holiday as a full day, and may not take the floating holiday on a day in which the Employee works.

c. The processes and requirements for requesting and taking the floating holiday follow all rules and responsibilities outlined in the Article in this agreement covering PTO.

Section 6. Seasonal Employees and on-call employees (i.e. non-regular employees) are not eligible for any holiday pay or holiday premium pay. New hires are not eligible for any such holiday pay until after he/she/they have completed his/her/their ninety (90) day probationary period.

Section 7. An Employee is not eligible for holiday pay if a holiday falls during the period an Employee is absent due to:

a. a workers' compensation case,

b. verified illness,

c. illness or death in the family,

d. personal leave of absence,

e. illness leave of absence, or

f. pregnancy leave of absence.

Section 8. If a holiday occurs in a PTO period of any Employee, such day shall not be charged as a PTO day and shall be paid as a holiday.

Section 9. Holidays not worked shall not count as time worked for the purposes of overtime eligibility or payment.

INSURANCE AND OTHER EMPLOYER BENEFITS

The Employer currently offers health, dental, vision, 401(k) and life insurance plans (including Accidental Death and Dismemberment coverage) and the Healthy Lifestyle Program. Unit Employees are eligible to participate in any of these plans, in accordance with the provisions of each plan, on the same terms and conditions as other similarly situated hourly Employees. Any changes that effect any of these programs shall be discussed with the Union prior to implementation.

Here is the link to the Motivate People Help Desk which explains in greater detail all of the benefits available to some and all our members.