Our Story

At Host Healthcare, we are dedicated to empowering the life and healthcare career you deserve. Founded in 2012, Host Healthcare has been on a mission to help others live better. Our team is focused on providing exceptional support for our nurses, allied professionals, therapists, and client hospitals and facilities.

Host Healthcare has received The Joint Commission’s Gold Seal of Approval^® consecutively for multiple years. Throughout the years, Host Healthcare has also been repeatedly recognized for our growth, commitment to our Clinicians, and our culture by GlassDoor, Staffing Industry Analysts, Modern Healthcare, BluePipes, and most importantly, our Clinicians.

In 2023, Host Healthcare was rated #1 in Nursing Satisfaction by MIT Sloan Management Review, and we continue to prioritize our healthcare professionals. As a nurse, allied, or therapy professional, you will be matched to one of our responsive recruiters who will have your back throughout your journey. Whether you want to explore the other side of the country or stay close to home, our team will be with you every step of the way.

Our Values

Host Healthcare achieves our important purpose by centering ourselves around three simple, yet powerful core values:

• Own It — Be the difference maker, boldly and authentically.
• Connect — Engage and collaborate, openly and sincerely.
• Wow! — Impact and inspire, with levity and humanity.

These values determine our actions and decisions every day, by acting as a guidepost to help us fulfill our purpose with integrity and humanity. We expect our entire team — including Clinicians — to uphold these essential values.

The Joint Commission

Host Healthcare has been awarded the Joint Commission’s Healthcare Staffing Services Certification Gold Seal of Approval^®. The Joint Commission has been accrediting hospitals and other health care entities for over 50 years and focuses on the delivery of high quality, safe patient care. Host Healthcare considers it a great honor and achievement to receive and hold this award. We continually strive to conduct our day-to-day business operations with patient safety and quality care as our main goal.

If you have any concerns about patient safety or patient care that you feel Host Healthcare has not addressed, you may contact a member of our management team at 1-800-585-1299 or [email protected]. You may also contact the Joint Commission Office of Quality Monitoring at 1-800-994-6610 or [email protected].

No Clinician will receive any type of punishment or discipline for reporting a safety or quality concern to the Joint Commission. For more info on the Joint Commission, please visit www.jointcommission.org.

PERSONNEL POLICY CHANGES 

This Clinician Policies Handbook (“Handbook”) will serve as a guide for Clinicians, outlining our organizational guidelines and policies that Clinicians agree to abide by, and support available to Clinicians.

There are several things that are important to keep in mind about this Handbook. First, it contains only general information and guidelines. It is not intended to be comprehensive or to address all the possible applications of, or exceptions to, the general guidelines, policies, and procedures described. For that reason, if you have any questions concerning eligibility for a particular benefit or the applicability of a policy or practice to you, you should address your specific questions to the Human Resources department.  Some subjects in the Handbook are covered in detail in separate policy documents.  Please review the Handbook thoroughly and use it as a reference throughout your employment with us.

Second, this Handbook does not confer any contractual right, either express or implied, to remain employed by us, nor does it guarantee any fixed terms and conditions of your employment. Your employment at Host Healthcare is “at will” and may be terminated by either you or by Host Healthcare at any time, with or without cause, and with or without prior notice or warning. No supervisor or other representative of Host Healthcare (except in a written agreement executed by the CEO) has the authority to enter into an agreement on behalf of Host Healthcare that guarantees employment terms or to make any agreement contrary to the above.

Third, with the exception of the employment-at-will standard, we reserve the right to revise, supplement, or rescind any of the provisions of this Handbook as we believe necessary.  We will inform you as soon as practicable of any changes as they occur. This Handbook supersedes and replaces any previous policy statements, whether oral or written. This Handbook will also be updated frequently, and you should always access the current online version, located here on the HR page of the Intranet, and not use or rely on any earlier paper or online versions. This Handbook is the property of Host Healthcare, and must be returned upon termination of employment.

Fourth, this is a multi-jurisdictional Handbook. Please note that some policies found within this Handbook are written to comply with U.S. federal guidelines. In the event applicable state or local laws differ from this Handbook, the more favorable for Clinicians will take precedence.

Finally, the policies contained in this Handbook are not intended to and should not be construed to in any way interfere with an employee’s right to engage in protected concerted activity under Section 7 of the National Labor Relations Act (“NLRA”).

If you have any questions, suggestions, or concerns about our policies or this Handbook, please bring them to your Recruiter, Account Manager or the Human Resources Department.

Privacy Notice 

The details in this policy will tell you about the policy Host Healthcare, LLC (“Host Healthcare”) maintains with respect to your personal information. The Host Healthcare Privacy Notice can be found here.

Express Written Consent to Receive Text Messages and Phone Calls from Host Healthcare

I agree to provide the Company with my cellular telephone number(s) at which I may be contacted.  This number is listed at the end of this document under the heading “Acknowledgment of Receipt and Review of Employment Policies.”

In providing my cellular telephone number(s), I represent and warrant that the telephone number provided is a cellular telephone number(s) and that I am the authorized user of the cellular telephone number(s).  I expressly consent here in writing to receive text messages or telephone calls made by Host Healthcare, its employees, and/or agents to the cellular telephone number(s) I have listed above.  I understand that the text messages and/or telephone calls may be sent and/or made using an automated telephone dialing system, by an artificial or prerecorded voice, or by an automated texting system, and I agree and consent to receive them.  I understand that the text messages and/or telephone calls may include information about potential employment opportunities or assignments, employment information, scheduling information, and other important information from Host Healthcare .  To the extent any of the text messages and/or telephone calls are construed in any manner to constitute advertising and/or telemarketing text messages or telephone calls, I expressly consent here in writing to receive them.  In providing my express written consent to receive text messages and/or telephone calls, I understand that my cellular telephone provider may charge me for receiving such text messages and/or telephone calls depending upon the cellular plan I have with my cellular carrier.

Accordingly, I expressly consent and agree that I will not opt out of my consent to receive these text messages and/or telephone calls while I am employed by Host Healthcare .  I further understand that my agreement to receive text messages and/or telephone calls from Host Healthcare , its affiliates, its agents, and/or employees, and my agreement that I will not opt out of my consent to receive such text messages and/or telephone calls, is a condition precedent to my employment and/or continued employment with Host Healthcare .

Express Written Consent to the Recording or Monitoring of Phone Calls

I understand, acknowledge, and am aware that telephone calls between myself and Host Healthcare, its affiliates, employees and/or agents may be monitored or recorded.  I expressly consent here in writing to the monitoring or recording of any telephone calls between myself and Host Healthcare, its affiliates, employees and/or agents.

Housing Terms 

Where Host Healthcare provides, reserves, leases, buys or rents housing and/or furnishings for or on behalf of Clinician:

1. Clinician agrees to provide a list of damages to Vendor and to Host Healthcare and/or problems with the housing and/or furnishings within three days of initial arrival. If such a list is not provided within three days of arrival, Clinician may be responsible for the unreported damages/problems.
2. Clinician agrees that he or she is responsible for all costs associated with replacement, repair, or cleaning, other than normal wear and tear, to the housing and/or furnishings provided by Company. Clinician must pay any pet fees at the time of check in.
3. Clinician may not sublet any Host Healthcare provided housing.
4. Clinician agrees to immediately vacate the housing furnished by Company one day after the last day worked upon completion or termination of assignment.
5. Clinician agrees and understands that the “start date” shown on the signed Assignment Agreement represents official notice to vacate any housing provided by Company at the end of the assignment or if terminated for any reason.
6. Clinician agrees and understands that he/she is responsible for obtaining renter’s insurance. The company is not responsible for damage, theft, or loss of/to Clinician’s personal belongings for any reason.
7. Unless otherwise prohibited by law, Clinician agrees and understands that his/her final paycheck for the assignment may be withheld until he/she vacates the furnished housing and condition of housing is confirmed, to the extent permitted by applicable law. Clinician will be charged for any rent, applicable fees, taxes, cleaning, or changes in rental rate for every day he/she does not vacate the furnished housing when terminated or as shown on his/her Assignment Agreement (end date of assignment). Unless otherwise prohibited by law, these charges will be deducted from Clinician’s pay and may be withheld from paychecks of future assignments.

Hotels

1. Clinician agrees to notify Host Healthcare if he or she does not check in as scheduled.
2. Host Healthcare will not provide shared accommodations.
3. Host Healthcare is only responsible for room and tax. Clinician must provide his or her own Credit Card at time of check in for any incidentals. Clinician must pay any pet fees at the time of check in.

Transportation Terms 

Where Host Healthcare provides services related flights or ground transportation, leases, buys, or rents transportation for or on behalf of Clinician:

1. Clinician agrees to maintain a valid driver’s license and applicable automobile insurance for the transportation. Clinician understands that he/she is completely responsible for the transportation provided by Company and that he/she must secure and maintain applicable automobile insurance for the transportation. For flights, Host Healthcare is not responsible for any tickets or fees associated with pets, baggage, upgrades or other items.
2. Clinician must provide a copy of a valid driver’s license and automobile insurance coverage to Company.
3. Clinician agrees and understands that all damage, scheduled maintenance as required by the rental company to the vehicle or damages to persons or property caused in an accident, whether found at fault or not, are Clinician’s sole responsibility. Clinician agrees and understands that he/she is responsible for obtaining renter’s insurance for personal belongings. The Company is not responsible for damage, theft, or loss to Clinician’s personal belongings for any reason.
4. Clinician agrees and understands that any transportation provided by the Company on behalf of Clinician is for personal use only and should not be used in connection with any business purpose, unless approved in writing by Company. Clinician may not add other drivers to the rental agreement or allows others to provide Host Healthcare provided transportation.
5. Where Company rents a vehicle for Clinician, Clinician will not agree to or accept any upgrades, fuel options, additional drivers, insurance, toll charges or any “extras” that increase the daily rental fee of the vehicle. Any unauthorized or additional charges accepted or requested by Clinician will be withheld from Clinician’s pay unless otherwise prohibited by law.
6. Clinician agrees to immediately return the transportation provided by Company to the pickup location upon termination or completion of assignment within one day after the last day worked. Clinician will be charged appropriate amounts for any transportation not returned as instructed.
7. Accidents – Clinician agrees to work with Host Healthcare, Vendor, local authorities and any other party should Clinician be part of an accident in Host Healthcare provided transportation. Clinician will be responsible to fill out all accident forms in a timely manner.
8. Any changes to flight reservations must be made only through Host Healthcare. Clinician may not make any changes to flights with the carrier. Host Healthcare will not provide, nor be responsible for the travel of any other passenger or pet. Clinician agrees to notify Host Healthcare immediately if the flight is not used.
9. Unless otherwise prohibited by law, Clinician agrees and understands that his/her final paycheck for the assignment may be withheld until he/she returns the transportation provided by Company. Clinician will be charged in the amount equal to the flat daily rate according to the Assignment Agreement Terms for every day he/ she does not return provided transportation when terminated or as shown on his/her Assignment Agreement Terms (end date of assignment). Any charges to Clinician in addition to all applicable damage or loss of Company supplied transportation will be deducted from Clinician’s pay, unless otherwise prohibited by law.

Generally Applicable Policies 

EQUAL EMPLOYMENT OPPORTUNITY

Host Healthcare firmly supports equal employment opportunities in every aspect of the employment relationship, including employee recruitment, hiring, compensation, benefits, training, education assistance, promotion, transfer, layoff and termination, social and recreation programs, employee facilities and recognition. All employment decisions will be based solely upon individual ability, interests, and performance. It will be free of discrimination or harassment on the grounds of race, color, gender/sex, pregnancy (including childbirth and related medical conditions), religion, national origin, citizenship status, ancestry, ethnicity, age, marital status, disability, sexual orientation, gender identity, gender expression, transgender status, genetic information, AIDS/HIV status , socio-economic status, military or veteran status, or any other characteristic protected by federal, state, or local law.

Host Healthcare follows each state’s guidelines for equal employment, not only because it is the law, but because it is the right thing to do. If at any time you feel you have experienced discrimination; please contact your Recruiter or Account Manager immediately.

AMERICANS W/DISABILITY ACT OF 1990 & ACCOMMODATIONS FOR RELIGIOUS OBSERVANCES AND PRACTICES

Host Healthcare is committed to the recruitment, employment and promotion of the most qualified individuals. It is our policy to provide equal employment opportunity for persons with disabilities in full compliance with state, local, and federal laws such as the Americans with Disabilities Act (ADA). We do not discriminate against qualified job applicants and Clinicians with known physical or mental disabilities in any employment practice, including, but not limited to, recruitment, fringe benefits, referral, classification, hiring, education, training, promotion, compensation, participation in social or recreational functions, use of Host Healthcare facilities, transfer, corrective action, discipline, layoff, recall, and termination.

We recognize that Clinicians with physical or mental disabilities may need reasonable accommodations to enable them to perform their essential job functions. Any Clinician who believes he or she needs reasonable accommodation should notify his or her Recruiter, Account Manager, or Human Resources. Although the need for accommodation is individualized and will be reviewed, evaluated, and determined on a case-by-case basis, generally Host Healthcare and the Clinician engage in an interactive process with the Clinician’s health care provider(s) to confirm the existence of the condition if it is not obvious, its limitations in the workplace and possible reasonable accommodations. The Clinician has an obligation to cooperate with us in this process. This may include us asking for the Clinician’s authorization to communicate with the Clinician’s health care providers concerning the Clinician’s condition, its limitations and possible reasonable accommodations. Pursuant to the Americans with Disabilities Act and/or other applicable laws, we will provide qualified individuals with known disabilities reasonable accommodations to assist them in performing the essential functions of their jobs. However, where an accommodation would create an undue hardship on Host Healthcare or present an unreasonable health or safety risk, the requested accommodation may be denied.

Any questions regarding this policy or requests for an accommodation should be made to the Clinician’s Recruiter, Account Manager, or Human Resources.

The Company will attempt to make reasonable accommodations for Clinician’s observance of religious holidays and sincerely held religious beliefs unless doing so would cause an undue hardship on the Company’s operations.  If you desire a religious accommodation, you are required to make the request to your Recruiter, Account Manager, or Human Resources as far in advance as possible.

IMMIGRATION LAW COMPLIANCE

The Company is committed to employing only United States citizens and aliens who are authorized to work in the United States, and does not unlawfully discriminate on the basis of citizenship or national origin.

In compliance with the Immigration Reform and Control Act of 1986, each new Clinician, as a condition of employment, must complete the Employment Eligibility Verification Form I-9 and present documentation establishing identity and employment eligibility. Former Clinicians who are rehired must also complete the form if they have not completed an I-9 with the Company within the past three years, or if their previous I-9 is no longer retained or valid. When required by applicable state law, the Company also complies with E-Verify.

Clinicians with questions or seeking more information in immigration law issues are encouraged to contact Human Resources. Clinicians may raise questions or complaints about immigration law compliance without fear of reprisals.

GRIEVANCE PROCESS

Most work-related issues can be settled by a conversation between you and your Recruiter or Account Manager. We encourage you to try to resolve any issues in this manner first. But if a situation arises, you have the right to file a grievance with our company. Here are some general guidelines about our grievance process:

• A grievance alleging discrimination, harassment, or retaliation should be submitted in accordance with the complaint procedure set forth in the Anti-Harassment, Non-Discrimination, and Anti-Retaliation Policy and Complaint Procedure below
• An issue involving salary, wages, assignment of work or benefits, however, is more suited for a discussion with your Recruiter, or Account Manager, who may refer the issue to the Human Resources and/or Payroll Department. Alternatively, you may raise the issue directly with the Human Resources and/or Payroll Department.
• Any grievance should be written and should identify the basis of the dispute, including specific facts, and provide documentation that is important to the issue. Also, please give us your desired resolution to the issue.

Timing of Documentation:

• If the grievance involves suspension or termination of your employment, please submit within 5 working days following the suspension or termination.
• If the grievance involves another issue, please submit within 10 business days of the incident
• If the grievance is timely submitted, Host Healthcare will strive to provide a written response to the grievance within 10 business days after we receive notice.
• If you wish to provide further information, or to request additional consideration on our part, you must do so within 10 business days of our written response to the initial grievance.

Nothing in this policy prohibits a Clinician from communicating with governmental agencies about complaints related to the workplace or engaging in any activities protected under Section 7 of the NLRA.

ANTI-HARASSMENT, NON-DISCRIMINATION, AND ANTI-RETALIATION, POLICY AND COMPLAINT PROCEDURE

Harassment, Discrimination, and Retaliation.  Host Healthcare  is committed to providing a work environment free of harassment, discrimination, retaliation, and disrespectful or other unprofessional conduct based on race; color, religion (all aspects of religious beliefs, observance or practice, including religious dress and grooming practices); color; national origin; ancestry; physical disability; or mental disability; medical condition (including cancer or a record or history of cancer); genetic information; sex/gender (including pregnancy, childbirth, breastfeeding or related medical conditions); gender identity or expression; trans-gender status, sexual orientation; marital status; registered domestic partner status; veteran status, current or prospective service in the uniformed services; age; or any other protected class under federal, state, or local law. It also prohibits discrimination, harassment, disrespectful or unprofessional conduct based on 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.

In addition, Host Healthcare prohibits retaliation against individuals who raise complaints of discrimination or harassment or who participate in workplace investigations. All such conduct violates Host Healthcare’ policy.

Host Healthcare’ policy prohibiting harassment applies to all persons involved in the operation of Host Healthcare. Host Healthcare prohibits harassment, disrespectful, or unprofessional conduct by any employee of Host Healthcare , including supervisors, managers, and co-workers. Host Healthcare’ anti-harassment policy also applies to vendors, customers, independent contractors, interns, volunteers, persons providing services pursuant to a contract, and other persons with whom you come into contact while working, as well as other types of work relationships as defined by law.

What Is Harassment?

Sexual harassment constitutes discrimination and is illegal under federal, state and local laws. For purposes of this policy, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when, for example: (i) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; (ii) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (iii) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.

Sexual harassment may include a range of subtle and not so subtle behaviors and may involve individuals of the same or different gender. Depending on the circumstances, these behaviors may include, but are not limited to: unwanted sexual advances or requests for sexual favors; sexual jokes and innuendo; verbal abuse of a sexual nature; commentary about an individual’s body, sexual prowess or sexual deficiencies; leering, catcalls or touching; insulting or obscene comments or gestures; display or circulation in the workplace of sexually suggestive objects or pictures (including through e-mail); and other physical, verbal or visual conduct of a sexual nature. Sex-based harassment (harassment not involving sexual activity or language) may also constitute discrimination if it is severe or pervasive and directed at employees because of their sex.

Harassment on the basis of any other protected characteristic is also strictly prohibited. Under this policy, harassment is verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of their race, color, gender/sex, pregnancy (including childbirth and related medical conditions), religion, national origin, citizenship status, ancestry, ethnicity, age, marital status, disability, sexual orientation, gender identity, gender expression, transgender status, genetic information, military or veteran status, or any other characteristic protected by applicable federal, state or local laws, or that of their relatives, friends or associates, and that: (i) has the purpose or effect of creating an intimidating, hostile or offensive work environment; (ii) has the purpose or effect of unreasonably interfering with an individual’s work performance; or (iii) otherwise adversely affects an individual’s employment opportunities.

Harassing conduct includes, but is not limited to: epithets, slurs or negative stereotyping; threatening, intimidating or hostile acts; denigrating jokes; and written or graphic material that denigrating or shows hostility or aversion toward an individual or group and that is placed on walls or elsewhere on the Company’s premises, circulated in the workplace, or circulated by using company equipment via e-mail, phone (including voice messages), text messages, tweets, blogs, social networking sites or other means.

This policy should not, and may not, be used as a basis for excluding or separating individuals of a particular gender, or any other protected characteristic, from participating in business or work-related social activities or discussions to avoid allegations of harassment. The law and the policies of the Company prohibit disparate treatment on the basis of sex or any other protected characteristic, with regard to terms, conditions, privileges and perquisites of employment. The prohibitions against harassment, discrimination, and retaliation are intended to complement and further these policies, not to form the basis of an exception to them.

Complaint Process.  If you believe that you have been the subject of harassment, discrimination, retaliation, or other prohibited conduct, bring your complaint to your Recruiter, supervisor, manager or the HR department as soon as possible after the incident. You can bring your complaint to any of these individuals. If you need assistance with your complaint, or if you prefer to make a complaint in person, contact Host Healthcare’ HR department. Please provide all known details of the incident or incidents, names of individuals involved, and names of any witnesses. It would be best to communicate your complaint in writing, but this is not mandatory.

Host Healthcare requires the prompt reporting of all complaints or concerns of harassment, discrimination, retaliation, or other prohibited conduct forbidden by this policy immediately so that complaints can be quickly and fairly resolved. Host Healthcare will make every effort to stop alleged harassment before it becomes severe or pervasive, but can only do so with the cooperation of its Clinicians.

You also should be aware that the Federal Equal Employment Opportunity Commission and state agencies, such as the California Department of Fair Employment and Housing (DFEH), investigate and prosecute complaints of prohibited harassment, discrimination, and retaliation in employment. If you think you have been harassed or discriminated against or that you have been retaliated against for resisting, complaining, or participating in an investigation, you may file a complaint with the appropriate agency. The Equal Employment Opportunity Commission (EEOC) can be reached by calling (800) 669-4000 or for the hearing impaired, (800) 669-6820.  EEOC field office information is available at www.eeoc.gov.  For issues involving California assignments, the Civil Rights Department can be contacted at (800) 884-1684; or for the hearing impaired, (TTY) (800) 700-2320; or visit the department’s website at https://calcivilrights.ca.gov/complaintprocess/.  The Civil Rights Department provides free online training courses which can be accessed at https://calcivilrights.ca.gov/shpt/.

Supervisors must refer all complaints involving harassment, discrimination, retaliation, or other prohibited conduct to Host Healthcare’ Human Resources department in an effort to resolve the complaint.

When Host Healthcare receives allegations of misconduct, it will immediately undertake a fair, timely, thorough, and objective investigation of the allegations in accordance with all legal requirements. All employees have a duty to cooperate fully with Medical Solutions in connection with any such investigation.

Confidentiality will be maintained and expected by employees throughout the investigatory process to the extent possible consistent with an adequate investigation and appropriate corrective action. However, nothing in this policy prohibits an employee from communicating with governmental agencies about complaints related to the workplace or engaging in any activities protected under Section 7 of the NLRA.

Complaints will be:

• Responded to in a timely manner
• Kept confidential to the extent possible
• Investigated impartially by qualified personnel in a timely manner
• Documented and tracked for reasonable progress
• Given appropriate options for remedial action and resolution
• Closed in a timely manner

Host Healthcare may exercise its discretion to put certain interim measures in place, such as a suspension, leave of absence or a transfer, while the investigation proceeds.  At the conclusion of the investigation, if Host Healthcare determines a policy violation has occurred, it may, at its sole discretion, take remedial action, up to and including termination of employment.

If a person who is found to have engaged in inappropriate conduct is not employed by Host Healthcare , it will take whatever corrective action it determines is reasonable and appropriate under the circumstances.

Anti-Retaliation. Host Healthcare will not retaliate against you for filing a complaint or participating in any workplace investigation and will not tolerate or permit retaliation by management, employees, or co-workers. It is prohibited for supervisors, managers, and co-workers, as well as third parties such as vendors or customers, to retaliate against an employee because the employee has complained about harassment, discrimination, retaliation, abusive conduct, or participated in an investigation, proceeding, or hearing based on such a complaint and is a serious violation of this policy.

However, if after investigating any complaint of harassment, discrimination or retaliation, the Company determines that the complaint was not made in good faith, or determines that any individual has knowingly submitted a false complaint of discrimination, harassment or retaliation under this policy or has knowingly provided false information in connection with an investigation, disciplinary action may be taken against the individual who provided the false information or made the complaint in bad faith.

Host Healthcare does not consider conduct in violation of this policy to be within the course and scope of employment or the direct consequence of the discharge of one’s duties, does not authorize any conduct in violation of this policy, and reserves the right to seek any and all available legal remedies in responding to such conduct.

Employment Status 

EMPLOYMENT CLASSIFICATION

Host Healthcare classifies all of its Clinicians according to Department of Labor guidelines as well as applicable state law for the purposes of salary, overtime, and benefits. Unless otherwise indicated in an assignment agreement, all Clinicians with Host Healthcare are classified as non-exempt, hourly employees. As a non-exempt, hourly employee you will be paid for every hour actually worked. Non-exempt employees are eligible for overtime pay for all hours actually worked in excess of 40 hours in a week in accordance with applicable federal and state wage and hour laws.

PERFORMANCE IMPROVEMENT

In order to constantly increase the quality of our business, and more importantly, the quality of patient safety and care, Host Healthcare conducts performance improvement activities in an attempt to do the following:

• Identify areas that need improvement
• Evaluate performance in these areas to discover what improvements can be made
• Evaluate processes that impact these areas of performance, and make improvements
• Report required data to specific agencies such as the Joint Commission and OSHA

EVALUATING & MAINTAINING CLINICAL COMPETENCE

As a Clinician, your clinical skills and expertise will be evaluated in several ways. These may include:

• License/Certification Verification
• Skills Checklist
• References
• Interviews with Prospective Supervisors
• Performance Evaluations
• Competency Exams
• Ongoing Education

Your clinical skills will also be evaluated in large part by those involved with your training and patient care at the Client while on assignment. Host Healthcare uses all of this information to verify and evaluate the competency of our Clinicians. As a part of maintaining clinical competency, you will be required to take a yearly course that will review topics related to OSHA, HIPAA, Joint Commission, the National Patient Safety Goals, etc.

Host Healthcare offers free peer reviewed CEUs for you to continue learning in your career. Many of these courses are appropriate for license renewal, or as a way to review and brush up on your knowledge. You will receive information on how to access these courses at the time of your placement.

PERSONNEL RECORDS

We maintain personnel files on all Clinicians. Clinicians are responsible for updating any personal changes with Medical Solutions to ensure that personnel files include up-to-date information.

Please make sure to always do the following:

• Submit all necessary paperwork, forms, documents, copies, etc. when requested. The timely receipt of these items is absolutely necessary to a successful assignment
• Update your Recruiter or Account Manager when there are changes to your demographics and/or personal information, such as new address, new phone number, new email, name change, updated professional license status, or other items as needed
• Please note that if you fail to send in requested information in the timeframe required, it may result in
• Delay in start date
• Inability to report for assigned Shifts until missing paperwork is completed
• Disciplinary action, up to and including cancellation of a contract
• Withholding of per diems, assignment bonuses, reimbursements, stipends, etc.

Information in a Clinician’s personnel file is confidential and will not be released to anyone outside the Company, except: (1) when authorized by the employee in writing (e.g., release of your information to a Client); (2) in a legal proceeding in which the employee and the Company are parties; or (3) as otherwise permitted or required by law.

Additionally, access to the information the files contain is restricted in the Company.  Generally, only supervisors and management personnel, and Human Resources personnel who have a legitimate reason to review information in a personnel file are allowed to do so.

Host Healthcare will comply with a written personnel file request at reasonable intervals and reasonable times in accordance with applicable law. Any request to inspect or copy a Clinician’s personnel file must be made in writing to the Human Resources Department.  During any such review, employees may take notes related to documents in their personnel file; however, no alterations of these records are permitted.

Health/medical records are not included in your personnel file.  These records are confidential.  The Company will safeguard them from disclosure and will divulge such information only (1) as allowed by law; (2) to the employee’s personal physician upon written request with permission of the employee; (3) as required for placement to the client facility with permission of the employee; or (4) as required for workers’ compensation cases.

NON-DISCLOSURE OF CONFIDENTIAL INFORMATION

All Company records and information relating to non-public proprietary Company information or similar confidential business information of the Company, the Company’s clients, and patients are confidential. No information relating to confidential business information of the Company, the Company’s clients or patients, including without limitation, documents, notes, files, records, oral information, computer files or similar materials (except in the ordinary course of performing duties on behalf of the Company) may be removed from the Company’s or a client’s premises without permission from the Company.

Additionally, the contents of the Company’s records or information may not be disclosed to anyone, except where required for an authorized business purpose. Clinicians must not disclose confidential business information of the Company, the Company’s clients or patients, purposefully or inadvertently (through casual conversation), to any unauthorized person inside or outside the Company. Clinicians who are unsure about the confidential nature of specific information may ask their supervisor for clarification. Clinicians will be subject to appropriate disciplinary action, up to and including suspension without pay and termination for knowingly or unknowingly revealing confidential business information of the Company, the Company’s clients or patients.

Clinicians should never disclose confidential information obtained in connection with their work with the Company, either during their employment, or after their employment terminates. However, nothing precludes a Clinician from disclosing to any appropriate governmental agency an activity, policy or practice of the Company that is in violation of a law, rule or regulation, or from providing information to or testifying before any appropriate government agency or entity conducting an investigation or inquiry into an alleged violation.

Further, Clinicians are prohibited from using any prior employer’s or other entity’s confidential and proprietary information and trade secrets during and in furtherance of their employment with the Company.

EMAIL ENCRYPTION OF PROTECTED HEALTH INFORMATION AND PERSONALLY IDENTIFIABLE INFORMATION

The proper uses and disclosures of Protected Health Information (“PHI”) and personally identifiable information (together with PHI, “PII”) by members of the Medical Solutions workforce are necessary to maintain compliance with stringent state and federal regulatory requirements concerning the protection of patient information and PII.  Host Healthcare requires Clinicians to utilize email encryption to help assure encryption of outbound emails that may contain PHI or other sensitive or personal information such as credit card or account information.

Clinicians must REPORT IMMEDIATELY to the Risk Department ([email protected]) any instance of misdirected, compromised or lost PII or employee information including as a result of a security breach, misdirected fax, errant e‑mail address, lost laptop or other electronic device, etc. Host Healthcare has strict time requirements to assess and remediate such situations.

SOCIAL MEDIA

At Host Healthcare, we understand that social media can be a fun and rewarding way to share your life and opinions with family, friends and co-workers around the world. However, use of social media also presents certain risks and carries with it certain responsibilities. To assist you in making responsible decisions about your use of social media, we have established these guidelines for appropriate use of social media.

Guidelines

In the rapidly expanding world of electronic communication, social media can mean many things. Social media includes all means of communicating or posting information or content of any sort on the Internet, including to your own or someone else’s web log or blog, journal or diary, personal web site, social networking or affinity web site, web bulletin board or a chat room, whether or not associated or affiliated with Host Healthcare, as well as any other form of electronic communication. The same principles and guidelines found in Host Healthcare policies apply to your activities online. Ultimately, you are solely responsible for what you post online. Before creating online content, consider some of the risks and rewards that are involved. Keep in mind that any of your conduct that adversely affects your job performance, the performance of fellow employees or otherwise adversely affects patients, suppliers, people who work on behalf of Host Healthcare or Host Healthcare’ legitimate business interests may result in disciplinary action up to and including termination.

Know and follow the rules

Carefully read these guidelines, the Confidential Information Policy, and Anti-Harassment, Non-Discrimination, and Anti-Retaliation Policy, and ensure your postings are consistent with these policies. Inappropriate postings that include discriminatory remarks, harassment, and threats of violence or similar inappropriate or unlawful conduct will not be tolerated and may subject you to disciplinary action up to and including termination.

Be respectful

Always be fair and courteous to fellow employees, patients, suppliers or people who work on behalf of Host Healthcare. Also, keep in mind that you are more likely to resolve work related complaints by speaking directly with your co-workers or by utilizing our Grievance Process policy than by posting complaints to a social media outlet. Nevertheless, if you decide to post complaints or criticism, avoid using statements, photographs, video or audio that reasonably could be viewed as malicious, obscene, threatening or intimidating, that disparage patients, employees or suppliers, or that might constitute harassment or bullying. Examples of such conduct might include offensive posts meant to intentionally harm someone’s reputation or posts that could contribute to a hostile work environment on the basis of race, sex, disability, religion or any other status protected by law or company policy.

Never post any information or rumors that you know to be maliciously false about Medical Solutions, fellow employees, patients, suppliers, people working on behalf of Host Healthcare or competitors.

Post only appropriate and respectful content

• Maintain the confidentiality of Host Healthcare’ trade secrets and private or confidential business information. Trade secrets may include information regarding the development of systems, processes, products, know-how and technology.
• Do not disclose personal information (such as social security numbers, medical information, and account information) about employees, patients, business partners or third parties that you create, receive or of which you become aware during your employment.
• Respect financial disclosure laws. It is illegal to communicate or give a “tip” on inside information to others so that they may buy or sell stocks or securities.
• Comply with all laws governing copyright, fair use of copyrighted material, trademark and other intellectual property.
• Do not create a link from your blog, website or other social networking site to a Host Healthcare website without identifying yourself as a Host Healthcare employee.
• Express only your personal opinions. Never represent yourself as a spokesperson for Host Healthcare. If Host Healthcare is a subject of the content you are creating, be clear and open about the fact that you are an employee and make it clear that your views do not represent those of Host Healthcare, fellow employees, patients, suppliers or people working on behalf of Host Healthcare. If you do publish a blog or post online related to the work you do or subjects associated with Host Healthcare, make it clear that you are not speaking on behalf of Host Healthcare. It is required to include a disclaimer such as “The postings on this site are my own and do not necessarily reflect the views of Host Healthcare.”

Using social media at work

Refrain from using social media while on work time or on equipment we provide, unless it is work-related as authorized by your manager. Do not use Host Healthcare’ email addresses to register on social networks, blogs or other online tools utilized for personal use.

Retaliation is prohibited

Host Healthcare prohibits taking negative action against any employee for reporting a possible deviation from this policy or for cooperating in an investigation. Any employee who retaliates against another employee for reporting a possible deviation from this policy or for cooperating in an investigation will be subject to disciplinary action, up to and including termination.

Scope of this Policy

This policy does not restrict employee rights to engage in protected activity under the National Labor Relations Act or any other applicable federal, state or local law. This policy does not prohibit discussing or disclosing information regarding your own wages, terms and conditions of employment or the wages, terms and conditions of employment of other employees. It also does not prohibit discussion about or criticism of Company’s labor and employment policies or treatment of employees. However, we suggest that you may wish to bring any such issues to the attention of your supervisor or another member of management for resolution.

For more information

If you have questions or need further guidance, please contact the Human Resources department.

SOLICITATIONS

Clinicians may not solicit for funds, membership or individual commitment to outside organizations or causes during the Clinician’s own working time or on the working time of the Clinician being solicited. Distribution of literature for any purpose in working areas is prohibited. Distribution may only take place in non-working areas during non-working time. The premises must be kept clean and free of litter at all times.

“Working time” is defined as all time when a Clinician is supposed to be engaged in performing work tasks. It does not include meal times or other specified break periods during the workday. “Working areas” include all locations on the Company’s or a Client’s premises where Clinicians conduct work for the Company, but does not include break areas, cafeterias, restrooms, or parking lots.

Compensation & Work Hours 

ATTENDANCE AND PUNCTUALITY

Punctuality and attendance are essential to the proper operation of our business and are conditions of employment. Clinicians are required to report to work at the beginning of the scheduled workday, ready to begin work. Unexcused absences or tardiness may result in disciplinary action, up to and including termination.

If a Clinician expects to arrive at work late, or be absent from work, the Clinician must personally notify the Clinician’s supervisor prior to the Clinician’s scheduled starting time. If the Clinician cannot give advance notice, as in the case of sudden illness or accident, the Clinician is expected to call their supervisor as soon as possible under the circumstances. If the supervisor is not available, the Clinician should leave a message (via voicemail, email or text message) stating that the Clinician will call again later to speak to the supervisor directly. If a Clinician is unable to make the call personally, a family member or a friend should contact the supervisor. Separate notice should be provided for each day, unless the Clinician is on a pre-approved leave of absence.

PAY SCHEDULES & PROCEDURES

Unless otherwise prohibited by applicable law, Clinicians with Host Healthcare are paid weekly.  If you do not turn in your signed Timesheet on time, your pay may be delayed to the extent allowed by law. If a scheduled payday falls on a company observed holiday, you will normally be paid on the day before the holiday. All required deductions, such as federal, state and local taxes, as well as all voluntary deductions, such as Medical Insurance, will be withheld automatically from your paycheck.

Host Healthcare’ workweek begins on Sunday at 12:01 a.m. and ends on Saturday at midnight.  However, certain Clients may have a different workweek, in which case the client facility workweek will govern for the purposes of calculating overtime.

The Company will not retaliate against any employee for reporting that they believe they were not permitted to timely take or were otherwise restricted from timely taking one or more breaks.

OVERTIME

It may be necessary for a Clinician to perform overtime work in order to complete a job on time.  Nonexempt full-time and non-exempt part-time Clinicians are eligible for overtime pay for work beyond 40 hours per workweek, or as may be otherwise provided pursuant to the applicable state and/or local law where he or she works. When it is necessary to work overtime, full cooperation is expected. Although an attempt will be made to give advance notice, this is not always possible. Failure to work assigned overtime may result in corrective action, up to and including termination of employment.

Clinicians must receive appropriate authorization before working overtime. Any non‑exempt Clinician who works unauthorized overtime is obligated to report the time worked and will be paid overtime for such time.

A Clinician’s overtime pay will be calculated in accordance with the FLSA and any applicable state laws. Nonexempt Clinicians are prohibited from engaging in off the clock or unrecorded work. It is the Clinician’s responsibility to accurately record and submit a record of all time worked, including any overtime worked.

Unless provided otherwise by applicable state or local law, the overtime rate is one and one-half times the regular rate of pay for all hours actually worked over 40 hours in one week. Time that is paid, but not actually worked, like guaranteed hours or sick leave, does not count as “hours worked” when computing overtime.

MEAL AND REST PERIOD POLICY

The Company provides Clinicians with meal and rest breaks as required under applicable federal and state laws. The policies related to timing and reporting of meal and rest breaks may vary by state and/or facility. Clinicians should check with their supervisors at the facility to determine the policies regarding scheduling, taking, and reporting of the breaks. Regardless of policy or mechanism used to report time, Clinicians must accurately report all their time worked. Non-exempt Clinicians will be relieved of all employment responsibilities and restrictions during meal breaks and rest periods. If a non-exempt Clinician is prevented from taking an uninterrupted meal break or rest period, the Clinician must immediately notify their supervisor and HR. All time performing work during a meal break must be recorded.

For California assignments:  Please review the California-specific meal and rest period policy in the California Addendum.

LACTATION BREAKS

Unless otherwise provided by applicable state or local law, for up to one year after a child’s birth, Host Healthcare will provide a reasonable amount of break time to accommodate a Clinician’s need to express breast milk for their infant child. The break time should, if possible, be taken concurrently with other break periods already provided. Non-exempt Clinicians should clock out for any time taken that does not run concurrently with normally scheduled rest periods, and such time generally will be unpaid so long as the employee is completely relieved of duty and not interrupted at any time during such break.  Host Healthcare will provide the Clinician with the use of a room or other location, that is not a bathroom, near the Clinician’s work area, for the Clinician to express milk in private. Clinicians should notify the Human Resources department to request time to express breast milk under this policy. Notwithstanding anything contained herein to the contrary, the Company will comply with all applicable local, state, and federal laws regarding lactation breaks.

TIMESHEETS

As a Clinician, you are required to list all work hours, lunch breaks, call, and other work time on a time sheet each week. In order to receive your pay on Friday, your time sheets are due each Monday by 12:00 pm PST.  If you do not turn in your timesheet by this time, your pay may be delayed to the extent permitted by law.  The timesheet must be signed by the appropriate person at the Client. Please be very specific with your timesheets, so that we may pay you correctly for your work. If you leave anything out, or if your time has not been approved by the Client, your pay may be delayed when permitted by law. As always, please contact your Recruiter with any questions.

Altering, falsifying, or tampering with timekeeping records, recording on your time card time not worked, working time not recorded on your time record (i.e., working off the clock), having someone else record your time or recording another employee’s time, and performing overtime work not specifically authorized in advance are all serious violations of Company policy that may result in disciplinary action, up to and including termination of employment.

Clinicians must not perform any of their job duties off the clock.  This means that Clinicians must clock in (or, if clocking in does not apply, then start a timecard manually) before performing any job duties.  No work shall be performed after clocking out (or, if clocking out does not apply, closing out a time card manually).  Clinicians must notify their Recruiter immediately if they are told not to report all hours worked on their timesheet or are otherwise prevented or discouraged from accurately reporting all time worked.

Host Healthcare takes every precaution to avoid errors in Clinicians’ paychecks, but, at times, errors can occur. Clinicians are advised to review their pay stubs when paychecks are issued. If it is believed that a deduction has been taken from a Clinician’s pay improperly, or any other paycheck error has occurred, promptly report in writing the error that is believed to have occurred to your Recruiter or Account Manager.

BUSINESS PURPOSE REIMBURSEMENT & PER DIEM RECOVERY POLICY

Clinicians who maintain tax homes and who travel away from those tax homes for purposes of their assignments with Host Healthcare may be eligible to receive per diem reimbursements for meals, incidental and housing expenses incurred in furtherance of the Company’s business interests. Per diem reimbursements are provided for each day of an assignment (each such daily per diem amount, a “Daily Per Diem”). The per diem amounts are set within the CONUS rates established by the Federal Government’s General Services Administration (“GSA”). These rates may fluctuate when the GSA updates the rates on an annual basis or due to seasonal fluctuations in prices in particular regions of the country.  As a result, the per diem rates we pay to eligible Clinicians for, or during, a particular assignment may change to remain within the maximum rates set by the GSA. Per diems will be paid on a non-taxable basis to qualifying Clinicians, in accordance with the IRS’s accountable plan rules.

Under the accountable plan rules, only expenses that a Clinician incurs or is reasonably expected to incur in connection with employment duties may be eligible for reimbursement. So, when away-from-home expenses are/become personal in nature, because they were not incurred in furtherance of Host HealthCare’s business, the Company may recoup the associated per diem payments as part of its compliance with IRS accountable plan rules.

If you miss an entire scheduled Shift or return to your tax home for an overnight stay of a missed Shift, you may not be incurring lodging and meal & incidental expenses in furtherance of the Company’s interests. As a result, the Company may recoup a portion of your per diems on a prorated basis based upon the number of full Shifts missed. For example, if a Clinician is contracted to work three Shifts per week and misses one Shift, the Clinician will receive two-thirds of his/her weekly per diems.  No proration will occur for any Shifts started by the Clinician but not completed.

The Company pays housing and meals & incidental per diems from the start date set forth in your Clinician Assignment Agreement through the assignment end date set forth on your Clinician Assignment Agreement. If any assignment is terminated early/prior to the end date set forth in the applicable Clinician Assignment Agreement for any reason by you, the Company or the client, then the Company is no longer responsible for, and shall have no obligation to pay, any fees or costs related to travel, housing and meal & incidental expenses incurred upon and after such early termination/end date, including but not limited to, those associated with meals, lodging and transportation, regardless of whether reimbursement of such fees and costs are reimbursed, paid, due or already advanced.  Accordingly, any such travel, transportation, and/or lodging and meals & incidental expenses may be the Clinician’s sole responsibility if the Clinician’s assignment ends early and/or does not work through the end date set forth in the applicable Clinician Assignment Agreement.

The Company will reimburse employees for all necessary expenditures or losses incurred in direct consequence of the discharge of their duties or at the direction of the Company, to the extent required by applicable federal, state, or local law.

Leaves of Absences 

Host Healthcare complies with federal, state, and local laws in providing time off or leaves of absences. Please be aware that there are other leave policies for special situations, and these Clinician Policies are not intended to cover all leaves of absences that may be available under applicable law. For example, for longer leaves (such as for parental, military, personal, family, medical, jury duty, and other state or local leave) separate policies may apply. For more information for a specific state and/or local policies, including paid sick leave, please contact the HR department.

It is important to request any leave in writing as far in advance as possible, to keep in touch with your Recruiter or Account Manager during your leave, and to give prompt notice if there is any change in your return date.  You may not obtain other employment or apply for unemployment insurance while you are on a leave of absence.  Acceptance of other employment while on leave may be treated as a voluntary resignation from Medical Solutions.

Sick leave and other benefits will not accrue while you are on a leave of absence unless otherwise required by law.

FAMILY AND MEDICAL LEAVE (FMLA) POLICY

PLEASE TAKE NOTICE: Clinicians who work at certain worksites are not eligible for FMLA leave if the Company does not employ 50 or more employees within 75 miles of the  worksite.  Please consult with Human Resources to determine whether FMLA leave or state equivalent leave is available at your worksite. 

The Company will grant family and medical leave in accordance with the requirements of applicable federal, state, and local law in effect at the time the leave is taken. In any case, employees will be eligible for the most generous benefits available under applicable law. Please contact your Recruiter, Account Manager, or HR as soon as you become aware of the need for FMLA leave.

The federal Family and Medical Leave Act (“FMLA”) provides eligible employees with unpaid leave for certain family and medical reasons during a twelve (12) month period. During this leave, an eligible employee is entitled to continued group health plan coverage as if the employee had continued to work.  At the conclusion of the leave, subject to some exceptions, an employee generally has a right to return to the same or to an equivalent position.

Employee Eligibility Criteria

To be eligible for FMLA leave, an employee must have been employed by the Company:

• for at least twelve (12) months (which need not be consecutive);
• for at least 1,250 hours of service during the twelve (12) month period immediately preceding the commencement of the leave; and
• at a worksite where at least 50 employees are employed by the Company within 75 miles of the worksite, as of the date when the employee gives notice of the need for leave. (For remote-based employees, their worksite is the Company office to which they report and from which assignments are made.)

Events Which May Entitle an Employee to FMLA Leave

An unpaid leave for up to twelve (12) workweeks may be taken for any one, or for a combination of, the following reasons:

1. the birth of the employee’s child or to care for the newborn child;
2. the placement of a child with the employee for adoption or foster care or to care for the newly placed child;
3. to care for the employee’s spouse, child or parent (but not in-law) with a serious health condition;
4. the employee’s own serious health condition that makes the employee unable to perform one or more of the essential functions of their job; and/or
5. for any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is on (or has been notified of an impending call to) ”covered active duty” in the Armed Forces. “Covered active duty” for members of a regular component of the Armed Forces means duty during deployment of the member with the Armed Forces to a foreign country. “Covered active duty” for members of the reserve components of the Armed Forces (members of the U.S. National Guard and Reserves) means duty during deployment of the member with the Armed Forces to a foreign country under a call or order to active duty in a contingency operation as defined in section 101(a)(13)(B) of Title 10, United States Code.

A “serious health condition” is an injury, illness, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider.

Military Caregiver Leave (aka Servicemember Family Leave)

An eligible employee who is the spouse, son, daughter, parent, or next of kin of a “covered servicemember” may take up to twenty-six (26) workweeks of FMLA leave in a single twelve-month period to care for a “covered servicemember” with a “serious injury or illness.”

A “covered servicemember” is a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a “serious injury or illness.”  A “covered servicemember” also includes a “covered veteran” who is undergoing medical treatment, recuperation or therapy for a serious injury or illness. A “covered veteran” means an individual who was a member of the Armed Forces (including a member of the National Guard or Reserves), and was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran. An eligible employee must commence leave to care for a covered veteran within five years of the veteran’s active duty service, but the single twelve-month period may extend beyond the five-year period.

In the case of a current member of the Armed Forces, including a member of the National Guard or Reserves, a “serious injury or illness” means an injury or illness that was incurred by the covered servicemember in the line of duty on active duty in the Armed Forces or that existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces, and that may render the member medically unfit to perform the duties of the member’s office, grade, rank or rating.

In the case of a covered veteran, a “serious injury or illness” means an injury or illness that was incurred by the member in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces) and manifested itself before or after the member became a veteran, and is: (i) a continuation of a serious injury or illness that was incurred or aggravated when the covered veteran was a member of the Armed Forces and rendered the servicemember unable to perform the duties of the servicemember’s office, grade, rank, or rating; or (ii) a physical or mental condition for which the covered veteran has received a U.S. Department of Veterans Affairs Service-Related Disability Rating (VASRD) of fifty (50) percent or greater, and such VASRD rating is based, in whole or in part, on the condition precipitating the need for military caregiver leave; or (iii) a physical or mental condition that substantially impairs the covered veteran’s ability to secure or follow a substantially gainful occupation by reason of a disability or disabilities related to military service, or would do so absent treatment; or (iv) an injury, including a psychological injury, on the basis of which the covered veteran has been enrolled in the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers.

How Much FMLA Leave May Be Taken

An eligible employee is entitled to up to twelve (12) workweeks of unpaid leave during a twelve (12) month period for any FMLA qualifying reason(s), except that leave may be taken for up to twenty-six (26) workweeks during a twelve (12) month period for military caregiver leave.

The twelve (12) month period is a rolling twelve (12) month period measured backward from the date an employee uses any FMLA leave. The leave will be counted against the employee’s annual FMLA entitlement.

Limitations on FMLA Leave

Leave to care for a newborn or for a newly placed child must conclude within twelve (12) months after the birth or placement of the child.

When both spouses are employed by the Company, they are together entitled to a combined total of twelve (12) workweeks of FMLA leave within the designated twelve (12) month period for the birth, adoption or foster care placement of a child with the employees, for aftercare of the newborn or newly placed child, and to care for a parent (but not in-law) with a serious health condition. Each spouse may be entitled to additional FMLA leave for other FMLA qualifying reasons (i.e., the difference between the leave taken individually for any of the above reasons and twelve (12) workweeks, but not more than a total of twelve (12) workweeks per person). For example, if each spouse took six (6) weeks of leave to care for a newborn child, each could later use an additional six (6) weeks due to their own serious health condition or to care for a child with a serious health condition.

During a single twelve (12) month period, an eligible employee is entitled to a total of twenty-six (26) workweeks of leave to care for a “covered servicemember” or a “covered veteran” and for any other qualifying reason.

When both spouses are employed by the Company, they are together entitled to a combined total of up to twenty-six (26) workweeks of leave to care for a “covered servicemember” or a “covered veteran.”  However, a combined total of no more than twelve (12) workweeks out of the twenty-six (26) workweeks of leave may be taken by spouses for the birth, adoption or foster care placement of a child with the employees, for aftercare of the newborn or newly placed child, or to care for an employee’s parent (but not in-law) with a serious health condition.

Intermittent or Reduced Work Schedule Leave

Intermittent leave is leave taken in separate blocks of time of no less than one hour increments.  A reduced work schedule leave is a leave schedule that reduces an employee’s usual number of hours per workweek or hours per workday.

Leave to care for a newborn or for a newly placed child may not be taken intermittently or on a reduced work schedule unless the Company agrees with respect to an individual leave request.

Leave because of an employee’s own serious health condition, to care for an employee’s spouse, child or parent with a serious health condition or to care for a covered servicemember under the military caregiver leave provision, may be taken all at once or, where medically necessary, intermittently or on a reduced work schedule. Additionally, leave because of any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is on (or has been notified of an impending call to) “covered active duty” in the Armed Forces may be taken all at once, intermittently or on a reduced work schedule.

If an employee takes leave intermittently or on a reduced work schedule basis, the employee must, when requested, attempt to schedule the leave so as not to unduly disrupt the Company’s operations. When an employee takes intermittent or reduced work schedule leave for foreseeable planned medical treatment, the Company may temporarily transfer the employee to an alternative position with equivalent pay and benefits for which the employee is qualified and which better accommodates recurring periods of leave.

Where it is physically impossible for an employee using intermittent leave or working a reduced leave schedule to commence or end work mid-way through a shift, the entire period that the employee is forced to be absent is designated as FMLA leave and counts against the employee’s FMLA entitlement. The period of the physical impossibility is limited to the period during which the Company is unable to permit the employee to work prior to a period of FMLA leave or return the employee to the same or equivalent position due to the physical impossibility after a period of FMLA leave.

Requests for FMLA Leave

An employee should request FMLA leave by completing a leave request form and submitting it to Human Resources.  If the employee fails to explain the reasons for the leave, FMLA leave may be denied.

When leave is foreseeable for an expected birth, placement for adoption or foster care, planned medical treatment for the employee’s or employee’s family member’s serious health condition, or the planned medical treatment for a serious injury or illness of a “covered servicemember,” the employee must provide the Company with at least thirty (30) days advance notice, or such shorter notice as is practicable (i.e., within one (1) or two (2) business days of learning of the need for the leave). For foreseeable leave due to a qualifying exigency, notice must be provided as soon as practicable, regardless of how far in advance such leave is foreseeable.

When the timing of the leave is not foreseeable, the employee must provide the Company with notice of the need for leave as soon as practicable (i.e., within one (1) or two (2) business days of learning of the need for the leave).

When the need for FMLA leave is foreseeable at least thirty (30) days in advance and an employee fails to give timely advance notice with no reasonable excuse, the Company may delay FMLA coverage until thirty (30) days after the date the employee provides notice. When the need for FMLA leave is foreseeable fewer than thirty (30) days in advance and an employee fails to give notice as soon as practicable under the particular facts and circumstances, the Company may delay FMLA coverage depending on the facts of the particular case.

When planning medical treatment, the employee must consult with the Company and make a reasonable effort to schedule the treatment so as not to disrupt unduly the Company’s operations, subject to the approval of the health care provider.

Absent unusual circumstances, employees are expected to provide notice of unforeseeable FMLA leave in accordance with the Company’s regular and customary call-in procedures. If unusual circumstances prevent an employee from complying with the Company’s regular and customary call-in procedures, the employee must provide the Company with notice of the need for FMLA leave as soon as practicable under the circumstances. If an employee does not comply with the Company’s regular and customary call-in procedures, and no unusual circumstances justify the failure to comply, FMLA-protected leave may be delayed or denied.

Required Documentation

When leave is taken to care for a family member (or a next of kin, as applicable), the Company may require the employee to provide documentation or statement of family relationship (e.g., birth certificate or court document).

An employee may be required to submit medical certification from a health care provider to support a request for FMLA leave for the employee’s or a family member’s (or next of kin’s, as applicable) serious health condition. Medical certification forms are available from HR. When the leave is foreseeable, such certification must be provided to the Company thirty (30) days in advance of the leave or as far in advance of the leave as practicable. When the leave is not foreseeable, the employee must provide the requested certification to the Company within fifteen (15) days, unless it is not practicable under the particular circumstances to do so, despite the employee’s diligent and good faith efforts.

If the Company has reason to doubt the employee’s initial certification, the Company may require the employee, at the Company’s expense, to obtain a second opinion by a health care provider designated or approved by the Company. If the initial and second certifications differ, the Company may, at its expense, require the employee to obtain a third final and binding certification from a health care provider designated or approved by the Company and the employee.

During FMLA leave, the Company may require that the employee provide recertification of a serious health condition at reasonable intervals. In addition, during FMLA leave, the employee must provide the Company with periodic reports regarding the employee’s status and intent to return to work. If the employee’s anticipated return to work date changes and it becomes necessary for the employee to take more or less leave than originally anticipated, the employee must provide the Company with reasonable notice (i.e., within two (2) business days) of the employee’s changed circumstances and new return to work date. If the employee gives the Company notice of the employee’s intent not to return to work, the employee will be considered to have voluntarily resigned.

Before the employee returns to work from FMLA leave for the employee’s own serious health condition, the employee will be required to submit a fitness for duty certification from the employee’s health care provider, with respect to the condition for which the leave was taken, stating that the employee is able to resume work.

FMLA leave or return to work may be delayed or denied if the appropriate documentation is not provided in a timely manner. Also, a failure to provide requested documentation of the reason for an absence from work may lead to discipline up to and including suspension without pay and termination of employment.

Use of Paid and Unpaid Leave

If an employee has paid leave for which the employee is eligible, the employee must use any qualifying paid leave first.  “Qualifying paid leave” is leave that would otherwise be available to the employee for the purpose for which the FMLA leave is taken. The remainder of the twelve (12) workweeks of leave (or twenty-six (26) workweeks, where applicable), if any, will be unpaid FMLA leave. Any paid leave used for an FMLA qualifying reason will be charged against an employee’s entitlement to FMLA leave. This includes leave for disability or workers’ compensation injury/illness or paid sick-leave provided by applicable state or local law (if any), provided that the leave meets FMLA requirements. The substitution of paid leave for unpaid leave does not extend the twelve (12) workweek (or twenty-six (26) workweeks, where applicable) leave period.

Designation of Leave

The Company will notify the employee that leave has been designated as FMLA leave. The Company may provisionally designate the employee’s leave as FMLA leave if it has not received medical certification or has not otherwise been able to confirm that the employee’s leave qualifies as FMLA leave.

Maintenance of Health Benefits

During FMLA leave an employee is entitled to continued group health plan coverage under the same conditions as if the employee had continued to work.

To the extent that an employee’s FMLA leave is paid, the employee’s portion of health insurance premiums may be deducted from the employee’s compensation. For the portion of FMLA leave that is unpaid, the employee’s portion of health insurance premiums must be paid pursuant to a system voluntarily agreed to by the Company and the employee.

If the employee’s payment of health insurance premiums is more than thirty (30) days late, the Company may discontinue health insurance coverage upon notice to the employee.

Return from FMLA Leave

Upon return from FMLA leave, the Company will place the employee in the same position the employee held before the leave or an equivalent position with equivalent pay, benefits and other employment terms.

Limitations on Reinstatement

An employee is entitled to reinstatement only if the employee would have continued to be employed had FMLA leave not been taken. Thus, an employee is not entitled to reinstatement if, because of a layoff, reduction in force or other reason, the employee would not be employed at the time job restoration is sought.

Key Employees

The Company reserves the right to deny reinstatement to salaried, eligible employees who are among the highest paid ten percent (10%) of the Company’s employees employed within seventy-five (75) miles of the worksite (“Key Employees”) if such denial is necessary to prevent substantial and grievous economic injury to the Company’s operations.

Failure to Return to Work Following FMLA Leave

If the employee does not return to work following the conclusion of FMLA leave, the employee will be considered to have voluntarily resigned. The Company may recover health insurance premiums that it paid on behalf of the employee during any unpaid FMLA leave except that the Company’s share of such premiums may not be recovered if the employee fails to return to work because of the employee’s, a family member’s or a covered servicemember’s serious health condition or because of other circumstances beyond the employee’s control.  In such cases, the Company may require the employee to provide medical certification of the employee’s or the family member’s (or next of kin’s, as applicable) serious health condition.

Unlawful Acts by Employers

The FMLA makes it unlawful for any employer to: interfere with, restrain, or deny the exercise of any right provided under FMLA; and discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.

If an employee believe their FMLA rights have been violated, they should contact Human Resources immediately. The Company will investigate any FMLA complaints and take prompt and appropriate remedial action to address and/or remedy any FMLA violation.

Enforcement

An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer. The FMLA does not affect any federal or state law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights.

Additional Information

For further information or clarification about FMLA leave, please contact your Recruiter, Account Manager, or HR.

USERRA – LEAVE OF ABSENCE FOR UNIFORMED SERVICE

Host Healthcare complies with the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) which protects the job rights of individuals who voluntarily or involuntarily leave employment positions to perform service in the uniformed service, as defined under USERRA. Medical Solutions also complies with applicable state military leave requirements to the extent they provide greater benefits than USERRA.

A Clinician requires military leave must provide their supervisor with a copy of the service orders as soon as practical after the Clinician receives the orders. All leave for uniformed service will be unpaid, unless pay is required under applicable law. Clinicians may choose, but are not required, to use any available paid time off while on otherwise unpaid military leave.

Persons entitled to benefits under USERRA have the right to be re-employed when they leave employment with the Company to perform service in the uniformed services if they: (1) ensure that the Company receives advance written or verbal notice of their service; (2) have five years or less of cumulative service in the uniformed service while with the Company; (3) return to work or apply for reemployment in a timely manner after conclusion of service; and (4) have not been separated from service with a disqualifying discharge or under other than honorable conditions. If such persons are eligible for reemployment, the Company will restore them to the job and benefits they would have attained had they not been absent due to military service or, in some cases, a comparable job.

Anyone who (1) is a past or present member of the uniformed service; (2) has applied for membership in the unformed service; or (3) is obligated to serve in the uniformed service, will not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment, based on that status. In addition, Host Healthcare will not retaliate against anyone assisting in the enforcement of USERRA rights, including testifying or making a statement in connection with a proceeding under USERRA, even if that person has no service connection.

Clinicians who leave their jobs to perform military service, have the right to elect to continue existing employer-based health plan coverage for themselves and their dependents for up to 24 months while in the military, with premiums to be paid in accordance with applicable law.

Host Healthcare permits Clinicians to take leaves of absence for performance of services in the uniformed service in accordance with applicable law. If a Clinician has questions about their entitlement to military leave, health insurance coverage during the leave, reinstatement rights following the leave, or other issues relating to a military leave of absence, the Clinician should contact HR.

Employee Benefits 

Host Healthcare has established a variety of employee benefit programs designed to assist Clinicians and their eligible dependents in meeting the financial burdens that can result from illness and disability, and to help employees plan for retirement. Clinicians’ rights can be determined only by referring to the full text of the official plan documents, which are available for examination from HR. To the extent that any of the information contained in these Clinicians Policies is inconsistent with the official plan documents, the provisions of the official documents will govern in all cases. For more complete information regarding any of our benefit programs, please contact HR or refer to the Summary Plan Descriptions (“SPD”).

Please note that nothing contained in the benefit plans shall be held or construed to create a promise of employment or future benefits, or a binding contract between the Company and its Clinicians, retirees or their dependents, for benefits or for any other purpose.  All Clinicians shall remain subject to discharge or discipline to the same extent as if these plans had not been put into effect.

Host Healthcare reserves the right, in its sole and absolute discretion, to amend, modify or terminate, in whole or in part, any or all of the provisions of the benefit plans described herein, including any health benefits that may be extended to retirees and their dependents, consistent with applicable law. Further, Host Healthcare reserves the exclusive right, power and authority, in its sole and absolute discretion, to administer, apply and interpret the benefit plans described herein, and to decide all matters arising in connection with the operation or administration of such plans.

CONSENT TO RECEIVE BENEFIT NOTICES AND DISCLOSURES ELECTRONICALLY

As a participant in the Medical Solutions benefit plans, you are entitled to receive certain information about our benefits as required by ERISA and other federal laws. During the duration of your employment, Medical Solutions intends to provide the following benefit notices and disclosures to you electronically:

• Open Enrollment benefit information
• Summary Plan Descriptions
• Summaries of Material Modification
• Summaries of Benefits and Coverage
• Summary Annual Reports
• Annual Compliance Notices (COBRA General Notice, WHCRA, NMHPA, Notice of Special Enrollment Rights, Marketplace Coverage Options, Notices of Privacy Practices, GINA, MHPAEA Disclosure, QMCSO Procedures, CHIP, Rights Against Surprise Medical Bills, Patient Protection Disclosure, Medicare Prescription Drug Coverage notice, Notices regarding the 401(k) Plan, etc.)

These documents will be furnished to you by email to the email you provided when onboarding. To access the email and disclosures, you must have: (1) a computer with internet access; (2) a program installed on that computer allowing you to send and receive emails such as Outlook, Gmail, or Yahoo; and (3) Microsoft and Adobe PDF installed on your computer allowing you to open and read the document.

Please keep a copy of this information for future use. To retain a copy this letter you must be able to either: (1) print a copy on a printer attached to the computer; or (2) save a copy in electronic form to your computer’s hard drive or an external drive (e.g., on a flash drive).

NOTE: If any of these requirements or delivery methods change in a way that creates a material risk that you may no longer be able to access and retain electronically transmitted documents, we will furnish you with notice and a request that you provide a new consent. You have a right to receive a paper version of any electronically transmitted document at no charge. Please contact [email protected] to obtain a paper copy.

To receive documents electronically, you affirm that you have the ability to access information regarding my benefits electronically according to the specifications above.

You also understand that:
• You can receive a paper copy free of charge by notifying the Benefits Team via [email protected] in writing with “Request for Paper Copy” in the subject line.
• If your mailing address or email address changes, you must notify the Benefits Team via HR Help in writing with “Change in Email Address for Electronic Disclosure” in the subject matter line.
• You may withdraw your consent at any time by notifying the Benefits Team via HR Help in writing with “Consent Withdrawn for Electronic Disclosure” in the subject matter line.

COBRA

If you are a Clinician that is covered by our medical insurance plan, you have the right, under the COBRA law, enacted in 1986, to choose continuation coverage if you lose your coverage because of termination (except for reasons of gross misconduct on your part). Your eligible dependents may also have the right to elect and pay for continuation coverage under certain circumstances where their coverage would otherwise end. You will receive notice in the mail of your options under COBRA upon the termination of your employment with Host Healthcare .

Employee Conduct Policies 

EMPLOYEE IDENTIFICATION, DRESS CODE & HYGIENE

All Clinicians must wear proper identification at all times for the safety of patients. This will be provided by Host Healthcare. You will need to provide proper identification on your first day at each Client in the form of a valid photo ID issued by a state, federal or regulatory agency.

Every Clinician must also comply with the dress code and hygiene policies of the Client and unit you are assigned to. You will be given requirements by your Recruiter or Account Manager before your first day of work. Clinicians are not permitted to wear artificial nails while working for Host Healthcare.

EMPLOYEE CONDUCT

Host Healthcare is committed to creating and maintaining a safe, efficient and productive work environment for our Clinicians, Clients and their patients. As such, all Clinicians must conduct themselves in an appropriate and professional manner.

While on assignment, you will be exposed to patient health information. You agree to comply with the policies, regulations and standards outlined by Medical Solutions, Client, HIPAA, The Joint Commission, and any other state or federal authorities with jurisdiction over the provision of patient health services. You acknowledge the confidentiality of patient health care information (“Confidential Patient Information”) that you may receive or have access to in the course of providing patient care services at participating healthcare provider to which you are assigned. You shall maintain the confidentiality of Confidential Patient Information, and in doing so, shall comply with all applicable state and federal laws and regulations, including, without limitation, the privacy provisions under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the policies and procedures of each participating healthcare provider where you are assigned. Your obligation to maintain the confidentiality of Confidential Patient Information shall survive the termination of your employment and the conclusion of any assignment at a participating healthcare provider.  In addition to the commitment above, you acknowledge and agree that you may be required to execute, and will execute, client-specific documents related to patient confidentiality.

The following list contains examples of inappropriate conduct, but the list is not all-inclusive. Host Healthcare  may take disciplinary action, up to and including termination of employment, should a Clinician act as described below or act in any manner that Host Healthcare  determines, in its sole, reasonable discretion: 1) threatens the health, safety or welfare of our Clinicians, Internal Employees, Clients or their patients; or 2) unreasonably interferes with the safe, efficient, or productive operation of Host Healthcare ’ or a Client’s business.

• Fighting with or assaulting a fellow employee, employee of the Client, patient, or other third party
• Threatening or intimidating managers, other employees, or patients
• Violation of the Equal Employment Opportunity Policy or Anti-Harassment, Non-Discrimination, and Anti-Retaliation Policy
• Failure to report for duty without a bona fide excuse and proper notification to the Company
• Failure to meet performance standards
• Failure to follow grooming and appearance standards
• Failure to report a workplace accident or injury immediately
• Falsely stating claims of injury
• Disorderly conduct on Company or Client premises, including but not limited to violence, fighting, horseplay or other action that endangers others or Company or Client property
• Irregular attendance including excessive absenteeism, tardiness and/or unexcused absences
• Time Records and Overtime policy violations
• Engaging in excessive personal matters, such as personal calls, emails and Internet use, during working time
• Failure to report to work after the expiration of a leave-of-absence or temporary layoff
• Interfering with or hindering of work schedules; failing to work on a scheduled shift; or arranging a replacement on a shift without permission from a supervisor
• Making maliciously false statements regarding the Company, its officers, Clients, patients, and/or employees
• Swearing and/or vulgar or inappropriate language, especially in conversation with co-workers or patients
• Theft, destruction, defacement, or misuse of Host Healthcare property, Client property, or the personal property of another
• Concealing defective work
• Insubordination or the refusal to follow Client or Host Healthcare policies
• Falsifying or altering any Host Healthcare or Client record or report (i.e. application, patient chart or timesheet)
• Gambling on Host Healthcare or Client property
• Disclosing proprietary Host Healthcare or Client information to non-employees or using this information for personal gain
• Sleeping on the job
• Other conduct that the Company deems warrants immediate termination of employment

Nothing in this policy alters the at-will nature of a Clinician’s employment or requires that any particular succession of disciplinary measures need occur prior to termination. Any Clinician whose conduct, actions or performance violates or conflicts with the Company’s policies may be terminated immediately and without warning.

As a Clinician you may be in a position to be reassigned (floated) to another unit as patient acuity, staffing levels and work flow change. Please keep the following in mind when asked to float:

• If you are asked to float within the terms of your contract, you should willingly go to those areas where your skill level and competence are adequate for the assignment. Floating to an alternative unit may require additional orientation.
• If you are asked to float to an area or unit where you do not feel competent and/or you have not been appropriately oriented to work in, you should discuss this immediately with a facility supervisor or manager and attempt to resolve the issue in the best manner possible (i.e. orientation to that unit, float to a unit that does match your competency). After this, please contact your recruiter and we will resolve the issue with the facility on your behalf.

CONFLICT OF INTEREST

One of the ways that Host Healthcare maintains a high level of ethical business practice is by identifying, analyzing, and taking action on any possible conflict of interest. A conflict of interest may happen if any of the following apply:

• You have a personal relationship with the staff of Host Healthcare or our Clients
• You have a shared business interest with any of the staff of Host Healthcare or our Clients
• If you are a former employee of a Client and now are assigned to work at that Client with Host Healthcare

We know that potential conflicts will arise. When they do, Host Healthcare will strive to make sure that these relationships do not pose ethical or legal problems. Please talk to your Recruiter or Account Manager if you feel you are in any of these types of relationships. We will take a look at the situation to determine if it poses any ethical or legal issues. All of our Clinician and Client relationships are examined in an on-going basis to prevent problems that may arise from potential conflicts of interest.

GIFTS OF APPRECIATION

Sometimes during the course of an assignment, you may be faced with a patient, coworker, or someone that wants to offer you a gift as appreciation for your work. It is perfectly acceptable to receive such gifts provided they are small (usually designated as worth less than $20) and are not used as a way to gain preferential treatment or favors that are in conflict with ethical standards of business. Please let your Recruiter or Account Manager know if you receive any such gift. It helps us to make sure we are operating the right way, and it is also great to know that your hard work is being appreciated in this way. However, gifts not seen as nominal or that violate the law may not be accepted. Even smaller gifts can create a conflict, so use judgment and consider how accepting the gift would appear to others. Consult with your Recruiter or Account Manager if you have any questions.

MANAGING CONFLICT

Conflict is a normal, healthy part of personal and professional relationships, but when left unresolved it harms those involved — stifling creativity and presenting barriers to cooperation and collaboration. For healthcare professionals, it can reflect negatively on your performance and even threaten the safety of your patients.

Many things create conflict: Opposing positions, misunderstandings, competitive tension, power struggles, ego, jealousy, performance discrepancies, compensation issues, or someone just having a bad day.

Ultimately, conflict develops as a result of unmet expectations, and if concealed, avoided, or ignored, it tends to fester into resentment and withdrawal. But, constructively facing conflict head-on offers you a tremendous opportunity for teaching, learning, and growing as a person and a professional. Meeting conflict with a respectful, positive approach can even strengthen the bond between two people.

The bottom line is that resolution can be found when there is a sincere desire to do so! Communicate, compromise, forgive, be compassionate, have empathy, common ground, be an active listener, and serve above self.

6 STEPS TO RESOLVE CONFLICT

We believe a workplace that fosters open, constructive, and professional communication is essential to our success. To that end, the following steps are offered to you to attempt to resolve conflicts within the workplace with co-workers. However, if you do not wish to discuss your concerns with a co-worker, manager, or supervisor, they are encouraged to bring the matter to the Human Resources department or the next level of management.

• Talk with the Other Person Honestly and Directly.

Minimize conflict by dealing with it quickly and directly. Arrange to meet at a convenient time in a place free from interruption. Focus on behavior and events, not on personalities. State concerns from your perspective in a non-combative way. Say “When this happens …” instead of “When you do …” and describe specific instances or events instead of generalizing.

• Listen Carefully.

Really listen to the other person instead of just preparing to react. Avoid interrupting, but do ask questions to clarify your understanding. Maintain eye contact and nod your head to assure the person you hear them. Nonverbal cues express a lot during conflicts, so pay attention to the feelings conveyed through facial expressions, posture, gesture, tone, and intensity of voice. This will help you determine what the other person is really saying, allowing you to respond in a way that builds trust and gets to the root of the problem.

• Don’t Let Your Emotions Get the Best of You

Conflict triggers strong emotions, but you cannot accurately read and interpret verbal and nonverbal communication if you’re not calm. Remain calm and focus on the facts. Avoid being spiteful or mean.

• Avoid Blaming and Acknowledge Agreement

One powerful means to resolve conflict is finding where you both agree. Agree on the problem, the procedure to follow, or even some small change to improve things. Avoid using the word “you” and try asking the question, “What can we do to fix the problem?” Focus on solutions and on the actions both parties can take in committing to working it out. Make conflict resolution the priority rather than winning or “being right.” Making the powerful statement, “I am committed to reaching a resolution,” turns down the temperature immediately.

• Forgive and Let Go

Resolving conflict is impossible if you’re unwilling to forgive. Resolution lies in releasing the urge to punish — which only drains the grudge-holder in the long run. If an agreement can’t be reached, agree to disagree. It takes two people to maintain an argument — if a conflict is going nowhere, you can choose to disengage and move on.

• If All Else Fails, Follow Policy

If the situation still remains a conflict, determine whether the person’s behavior violates any of the workplace’s personnel policies. If so, follow Client policy for addressing the violation. Reach out to your client or facility supervisor, charge nurse, manager, or director of nursing for guidance — and be sure to inform your Recruiter or Account Manager as well.

As an employee you have access to five free face to face counseling sessions through the Cigna Employee Assistance Program (EAP).  EAP personal advocates will work with you and your household family members to help you resolve issues you may be facing, connect you with the right mental health professionals, direct you to a variety of helpful resources in your community and more.  Contact our EAP any day at any time at 877-622-4327.

Work Environment Policies 

SUBSTANCE FREE WORKPLACE

Host Healthcare  strives to provide a safe, efficient and productive work environment and to promote the health and wellbeing of our Clinicians, Clients and their patients. Given the safety-sensitive nature of our Clinicians’ work, the legal and ethical standards to which we, as their employer, are held, and the professional duties owed to our Client Hospitals and their patients, it is essential that Host Healthcare  avoids, directly or indirectly: 1) subjecting our employees, our Clients or their patients to unacceptable safety risks; or 2) undermining the efficiency or productivity of our operations and our Clients’  operations.

Accordingly, Host Healthcare  has established a Substance Free Workplace policy to keep the quality of services we provide up to the highest standards and to keep our Clinicians, Internal Employees, Clients and their patients safe.

In addition to the policies listed under “Employee Conduct,” violation of Host Healthcare ’ Substance Free Workplace policy as described in this section, or a conviction or violation as described in this section, may result in disciplinary action against the employee in accordance with Host Healthcare ’ policy, up to and including termination of employment:

• All Clinicians must notify Host Healthcare of any charge(s) involving drugs within 2 calendar days of the charge(s) so that Host Healthcare can determine its obligations and appropriate next steps.
• The following are prohibited while conducting Host Healthcare and/or Client business or while on Host Healthcare or Client premises, whether on or off duty:
  • Using, abusing, or being under the influence of alcohol, drugs or other intoxicating substances, including marijuana, that are illegal under local, state, or federal law; and
  • Possessing, using, abusing, purchasing, selling, transferring, transporting, dispensing or being under the influence of alcohol, drugs or other intoxicating substances in violation of local, state, or federal law.
• All Clinicians must follow the smoking policies of the Client of the Clinician’s assignment.
• All Clinicians must submit to drug testing under the following circumstances where permitted by law: Pre-employment, each new facility location, and  “reasonable suspicion drug and alcohol testing” based on a belief that an employee is using or has used drugs or alcohol in violation of this policy based on specific objective facts and reasonable inferences. Among other things, such facts and inferences may be based upon:
  • Observable phenomena while at work, such as direct observation of drug or alcohol use or of the physical symptoms or manifestations of being under the influence of a drug or alcohol.
  • Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance.
  • A report of drug or alcohol use, provided by a reliable and credible source.
  • Evidence that an individual has tampered with a drug or alcohol test.
  • Information that an employee has caused, contributed to, or been involved in an accident while at work.
  • Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while working or while on the Company’s or a Client’s premises or while operating a Company or Client vehicle, machinery, or equipment.

• For purposes of complying with workers’ compensation laws or other applicable laws or regulations, any employee who has suffered a work-related injury or illness or who was involved in the incident that caused the injury or illness may be required to undergo testing for drugs and alcohol. If an injured worker refuses to submit to a test for drugs or alcohol when requested, the employee may forfeit eligibility for medical and indemnity benefits.
• Any employee who refuses to submit to testing for drugs and alcohol, fails to complete the testing, or tests positive for drug or alcohol use, may be subject to disciplinary action, up to and including termination.

Notwithstanding any policy to the contrary, the legal and appropriate use of over-the-counter medication or other medication that can be legally prescribed under both federal and state law is allowed to the extent that such use does not impair an employee’s job performance or safety or the health or safety of the patients.

Marijuana Note: While some states have passed legislation allowing for the medicinal and/or recreational use of marijuana, it remains classified as a Schedule I drug under the federal Controlled Substances Act. As such and due to the safety-sensitive nature of our Clinicians’ work, the use of marijuana in the workplace, for any reason, is prohibited as described in the Employee Conduct Policy and the Substance Free Workplace Policy.  Employees, including state-authorized medical marijuana users, are prohibited from using marijuana while in the workplace.

Employees in violation of this policy are subject to disciplinary action up to and including termination of employment.

Host Healthcare will not discriminate against Clinicians for lawful, off-duty cannabis use in accordance with applicable law.

SMOKE-FREE WORKPLACE

Consistent with applicable law, smoking is prohibited at a Clinician’s facility, except in designated smoking areas, in order to provide and maintain a safe and healthy work environment for all employees. This policy precludes the use of cigarettes, cigars, pipes, e-cigarettes or vaping devices by employees inside any indoor worksite. In situations where the preferences of smokers and non-smokers are in direct conflict, the preferences of non-smokers will prevail. Employees who wish to use authorized break time to smoke may do so outdoors in designated smoking areas.

WORKPLACE VIOLENCE

Workplace violence is a very serious issue, and will not be tolerated at Host Healthcare. This includes:

• Actual or implied threats to harm an employee, former employee, supervisor, supplier, customer or visitor during employment with Host Healthcare or while on Host Healthcare premises
• The possession of a weapon of any kind while on Host Healthcare or Client property
• Obscene, abusive, or threatening language or gestures
• Willful destruction of Host Healthcare’ or personal property
• Any other conduct perceived as a threat of violence

A number of different actions in the work environment can trigger or cause workplace violence. It may even be the result of non-work-related situations such as domestic violence or other personal issues. Workplace violence can be inflicted by an abusive employee, supervisor, co-worker, member, family member, or even a stranger. Whatever the cause or whoever the perpetrator, workplace violence is not accepted or tolerated at Host Healthcare.

In addition, all Clinicians have a “duty to warn” their immediate supervisor and their Recruiter or Account Manager of any suspicious workplace activity, situations, or incidents that are observed or that employees are aware. Host Healthcare takes potential and actual threats of workplace violence very seriously and will take prompt and appropriate disciplinary action, up to and including termination, when such threats occur.

MANAGEMENT SAFETY RISKS & INCIDENT REPORTING

Host Healthcare is dedicated to providing the highest quality and safety of patient care. That is why you are our Clinician. In conjunction with OSHA and Joint commission standards, we have put a reporting structure into place to handle situations or incidents which are unexpected and fall outside normal daily work.

As a Clinician with Host Healthcare, there are several guidelines you must follow to ensure safe patient care:

We are not physically at the work location with you, and therefore can’t monitor your direct patient care. Thus, we have to rely on the incident reporting process that the Client has established. Please make sure you understand this policy when you begin a new assignment. When any type of incident occurs, you should immediately follow the Client process for handling and reporting. If you have questions at this time, please communicate with your shift Supervisor or Manager. The following is a list of categories of events that MUST be reported. There may be other categories based on the Client policies and procedures.

• Medication, treatment, IV therapy, or diagnostic error
• Blood transfusion error
• Patient fall
• Staff member fall or other injury and illness
• Code (Cardiac or Respiratory Arrest)
• Blood and body fluid exposure
• Medication exposure (i.e., chemotherapy) or chemical exposure
• Equipment malfunction
• Suicide attempt/suicide
• Wrong-sided surgery
• Patient/Infant abduction
• Sentinel event

Once the incident has been resolved and reported according to Client policy, you MUST report the incident to Host Healthcare within 24 hours or as soon as is reasonably possible.

If the nature of the incident is urgent or the patient outcome is significant, and it is outside of normal business hours, please call Host Healthcare. Our answering service will be able to connect you with a company representative that can assist in reporting the incident right away.

We will review all information provided and take any course of action necessary in accordance with the nature of the incident. Action may include, but is not limited to the following:

• Follow up conversations with you and/or your Client Supervisor
• Education or instruction through on-line or home study course
• A change in job responsibilities

Incident reporting is not meant to be punitive. However, negative trends and repeated errors may result in appropriate disciplinary action taken by the Client or Host Healthcare.

SAFE WORKPLACE RESOURCES

Host Healthcare is dedicated to providing safe environments for clinicians. As a traveling clinician, you have a right to a safe workplace. Each Clinician is expected to perform their duties at all times in a manner consistent with the Clinician’s own safety and the safety of others. Please take precautions to use materials and equipment with care and do your part to keep the work site free from hazards.  Clinicians are required to report each and every safety hazard to their supervisor at the first opportunity after becoming aware of any such hazard. No Clinician will knowingly be asked to work in unsafe conditions. If you think your job is unsafe or you have questions, contact OSHA at 1-800-321-OSHA (6742). Your call is confidential. To learn more about your right to a safe workplace go to:  https://www.osha.gov/temporaryworkers.

WORKERS’ COMPENSATION

 If you experience a work injury or exposure on the job, please follow the below steps:

1. If you are injured at work and it is an emergency, call 911 or go to the nearest emergency room.
2. If your injury is not an emergency, you must call Conduent at 844-975-3471 prior to seeking treatment.
3. Conduent is a 24/7 injury triage service that provides immediate expertise from a registered nurse (RN) to accurately assess the severity of a workplace injury and recommend the best course of action.  After coordinating a referral for medical treatment, Conduent will send a report of injury to us and we will file a workers’ compensation claim with our claim administrator, CCMSI.
4. Our Work Comp team will provide you with your claim information and further instructions via email.
5. Notify your Recruiter or Account Manager to make them aware of the situation.
6. Let them know if you are out of work for any amount of time because of the injury or exposure.
7. Communicate any work restrictions given by your doctor; your Recruiter or Account Manager will assist in verifying if the facility can accommodate them or not.
8. Within 1-3 days, an adjuster with our claim administrator, CCMSI, will reach out to you. This will be your best point of contact for all questions related to your claim.
9. They will take a statement of the injury, and gather any additional information needed to process your claim.
10. Inform them of any time missed from work, send them any medical documentation you have received, and keep them posted on any future appointments.
11. If your claim is accepted, WC will cover bills for authorized treatment related to the incident. If any items are billed to you by mistake, send these to your adjuster as well.

Failure to report workplace accidents, injuries, or illnesses is a serious matter as it may preclude an employee’s coverage under Workers’ Compensation Insurance.

The Company prohibits any form of discipline, reprisal, intimidation, or retaliation for:

• Good faith reporting of a violation of the Company’s safety rules, a hazardous condition, or other safety concern.
• Reporting an injury or illness.
• Reporting an incident, accident, or near miss.
• Participating or cooperating in any investigation related to a safety issue, injury, illness, accident, or near miss.

INTERNAL EMERGENCY MANAGEMENT 

As a Clinician with Host Healthcare, it is important that you are able to speak with your Recruiter, Account Manager, or another Host Healthcare representative, when a need arises. Our normal business hours are Monday-Friday 8AM-5PM (CST).

Please contact us by any of the following:

• Phone: 1-866-633-3548
• Fax: 1-866-688-5929
• Email: [email protected]

You will also have direct contact information to your Recruiter or Account Manager.

If you need to contact us outside of normal business hours, or in the case of an emergent situation, you may use the same phone number 1-866-633-3548 at any time. Once you call this number, you will have the choice to speak with our answering service that can take your call 24/7, or Customer Care line. Host Healthcare staff are available to assist you in the event of an urgent need. If you have a clinical concern, your call may be escalated to the clinical team for further assistance.

ADDENDUM FOR CLINICIANS ON ASSIGNMENT IN CALIFORNIA

The Company’s workforce is spread across several states, and state laws differ in many respects. This Addendum contains additions and changes to the Company’s Clinician Policies Handbook (“Clinician Policies”) that apply to the Company’s Clinicians on assignment in California. Except as noted below, nothing in this Addendum changes or modifies any of the policies or procedures set forth in the Clinician Policies.

As with the Clinician Policies, the contents of this Addendum are guidelines only, and do not create an employment contract. Employment with the Company is at-will, and may be terminated at any time with or without cause or notice by either the Clinician or the Company.

CALIFORNIA PAID SICK LEAVE

All employees who have worked for Host Healthcare in California for 30 or more days within a year from the start of their employment are eligible for protected paid sick time. All employees who work at least 30 days per year in California are eligible for paid sick leave under this policy.

Use of Paid Sick Leave.  You will be entitled to use sick days consistent with California law and the local ordinances of the municipalities in which Host Healthcare assignments are located. Any time taken for illness or injury before completing this period of continuous employment may be without pay.

An employee must work at least 30 days and satisfy a 90-day employment period before taking any sick leave. An employee may use accrued/earned paid sick days beginning on the 90th day of employment.

Paid sick leave may be used in as little as one-hour increments. The number of paid sick hours/days you receive will be consistent with the requirements of California law and local municipal ordinances.

You may use paid sick leave for the following purposes:

• Diagnosis, care, or treatment of an existing health condition of, or preventive care for, you or your family member as defined below..
• To address issues related to being a victim or having a family member who is a victim of a qualifying act of violence, as described in the Company’s California Leave for Victims of Qualifying Acts of Violence Policy, below.
• “Family member” includes:
• Your child, which means a biological, adopted, or foster child, stepchild, legal ward, child of a domestic partner, or a child to whom you stand in loco parentis. This definition of a child is applicable regardless of age or dependency status.
• Your parent, which means a biological, adoptive, or foster parent, stepparent, or legal guardian of you or your spouse or registered domestic partner, or a person who stood in loco parentis when you, or your spouse, or registered domestic partner was/were a minor child.
• Your spouse or registered domestic partner.
• Your grandparent.
• Your grandchild.
• Your sibling.
• A “designated person,” which means a person related by blood or affinity whose close association with you is the equivalent of a family relationship and whom you identify at the time you request to use paid sick days. The Company will limit your designation to one person per 12-month period.
• Any person authorized by applicable law.

If the need for paid sick leave is foreseeable, you must provide reasonable advance notice to your supervisor.  If the need for paid sick leave is unforeseeable, you must provide notice to your supervisor as soon as practicable.  Appointments should be scheduled either at the beginning or the end of your workday to the extent possible.  If you become sick during the day, you must inform your supervisor before you leave the store or facility.

Paid sick leave is available only for days on which you would have been scheduled to work but were unable to work because of one of the purposes described above.

Paid sick leave will be integrated with California State Disability Insurance (SDI) benefits and/or workers’ compensation insurance benefits in such a way that the total sick leave benefits paid by Host Healthcare, and those you receive from SDI or workers’ compensation insurance, will not exceed 100 percent of your regular weekly wage based on your regular straight-time hourly rate of pay.

Pay.  You will receive your regular rate of pay when using Paid Sick Leave.  Sick leave is not considered hours worked for purposes of calculating overtime.

Accrual. Employees will accrue sick leave from the first day of employment at a rate of one (1) hour for every 30 hours worked up to a maximum of 80 hours, unless a higher cap is required under local law

Carryover.  Unused Sick leave can carry over from year to year, subject to the accrual cap set forth above.

Under no circumstances will unused paid sick leave be converted to cash or payment of any kind.  Earned/accrued and unused sick leave is not paid out upon termination.

Reinstatement. If you separate and are rehired within 12 months, the Company will reinstate any previously accrued but unused sick leave from your previous separation.

CALIFORNIA FAMILY RIGHTS ACT (CFRA)

Similar to the Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA) provides employees within the state of California with provisions on leave of absence eligibility as noted below.

Eligibility.  To be eligible for the California Family Rights Act (CFRA), you must:

• Have been employed by Host Healthcare for a minimum of 12 months; and
• Have worked at least 1250 hours during the 12 months prior to requesting the leave.

Leave Period.  If you are eligible, the CFRA provides employees up to 12 work weeks of job-protected unpaid leave during any 12-month period** for the following reasons:

• The birth of, or to care or bond with a newly-born child, adopted child or child placed in foster care.
• Caring for a family member with a serious health condition (spouses/domestic partners, children, parents (and parent in-laws) grandparents, grandchildren, siblings, or “designated persons”) (Designated persons means any individual related by blood or whose association with the employee is the equivalent of a family relationship. The designated person may be identified by the employee at the time the employee requests CFRA leave. An employee may only designate one person per 12-month period for family care and medical leave.).
• Care for own serious health condition (excluding pregnancy related health conditions which would be covered under California’s Pregnancy Disability Leave-PDL).
• For a “qualifying exigency” related to the covered active duty or call to covered active duty of an employee’s spouse, domestic partner, child or parent in the U.S. armed forces.

**This is a rolling 12-month period that is measured back from the date the leave is used.

Leave may be used in increments.  Employees shall continue to receive health insurance benefits at the same level as if the employee had been continuously employed during the CFRA leave.

Host Healthcare will reinstate an employee on leave to the same job or comparable job to the extent that the employee would have remained in that position if they had been continuously employed during the CFRA leave.

If both parents work for Host Healthcare, each parent shall receive up to 12 work weeks of leave each for the birth, adoption, or foster care placement of a child.

CALIFORNIA PREGNANCY DISABILITY LEAVE

Eligibility.  Pregnant employees are encouraged to continue working, according to the advice of their medical provider.  Female employees affected by pregnancy, childbirth, or related medical conditions, or affected by a condition related to pregnancy, childbirth, or a related medical condition, are entitled to the following:

Transfer.  Upon request, the Company will temporarily transfer the employee to a less strenuous position or to less hazardous duties, if the transfer request is based on medical advice, and the requested transfer can be reasonably accommodated.

Reasonable Accommodation.  Upon request, the Company will make a reasonable accommodation, if the accommodation request is based on medical advice, and the requested accommodation is effective in enabling the employee to perform the essential functions of her job.

Leave of Absence.  An employee actually disabled because of pregnancy, childbirth or a related medical condition is eligible for up to four months of pregnancy disability leave.  The leave of absence need not be taken in one continuous period of time.

Notice Requirements.  Employees must give at least 30 days’ advance notice to the Company before a pregnancy-related disability leave or pregnancy-related transfer is to begin if the need for the leave or transfer is foreseeable.  If 30 days’ notice is not possible, the employee should give notice as soon as possible.

To support a request for a pregnancy-related disability leave or pregnancy-related transfer or accommodation, the employee must present written certification from her health care provider that contains the following information:

• The date on which (i) the employee became disabled, or (ii) the employee’s need for a transfer or other accommodation became medically advisable;
• The probable duration of the period(s) of disability or the employee’s need for a transfer or other accommodation (as well as a description of the requested accommodation or transfer if applicable) and
• A statement that, (i) due to the disability, the employee is unable to perform one or more of the essential functions of her position without undue risk to herself, her baby, or to other persons, or (ii) due to the employee’s pregnancy, transfer or another accommodation is medically advisable.

The Company may ask the employee for recertification at reasonable intervals, but no more often than every 30 days, unless (1) the employee requests an extension of her leave; (2) the circumstances described by the employee’s original certification have changed significantly; or (3) the Company learns of information that casts doubt upon the continuing validity of the employee’s original certification.

Compensation And Benefits.  Pregnancy Disability Leave is generally unpaid.  Employees may substitute accrued sick days but are not compelled to do so.  Employees may be eligible to receive benefits under the Company’s Short-Term Disability Plan. An employee should apply for California State Disability Insurance (SDI) benefits, as soon as she becomes disabled.  SDI forms are generally available from health care providers.  Please contact Human Resources for additional information about Pregnancy Disability Leave. Sick pay and holiday pay  accrual will be suspended during a Pregnancy Disability Leave and will resume upon return to active employment.

Subject to the terms, conditions and limitations of the applicable plans, during a Pregnancy Disability Leave, group medical plan coverage for the employee and her dependents will be maintained at the level and under the conditions coverage would have been provided if the employee had remained continuously employed.  The obligation continues up to a maximum of 4 months.  Thereafter, an employee may elect to continue coverage pursuant to COBRA.  When the employee returns from leave, benefits will again be provided by the Company, according to all applicable plans.  Under certain circumstances, if the employee does not return from leave, the Company can recoup premium payments from the employee that were paid on the employee’s behalf during leave.

Reinstatement After Leave.  If before the expiration of four months, an employee is released to resume work on her anticipated date of return, the employee will be reinstated on that date.  If she is ready to return earlier than the expiration of approved leave, she must notify the Company of her readiness to return, and the Company will reinstate her within two (2) business days, where feasible, after notice of the changed circumstances.  Reasonable extensions of leave will be considered for approval if the employee provides proper documentation before the original expiration date.  Failure to report to work upon expiration of leave will be deemed a voluntary termination of employment.

When an employee is ready to return to work, she must obtain a written release from her health care provider certifying that she is able to perform all of the essential duties of her job, with or without reasonable accommodation.  The Company will reinstate an employee to the job she held before the leave or transfer began unless the employee would not otherwise have been employed in the same job at the time reinstatement is requested for legitimate business reasons unrelated to the leave.

If the Company cannot reinstate an employee to her job, it will offer the employee a comparable position for which she is qualified, provided that a comparable position is available either at the time she returns to work or within 60 days after her return.  An employee has no greater rights under this policy to a comparable job than if she had continued working and not taken leave.  The Company reserves the right to select the best qualified candidate for any job vacancy.

CALIFORNIA STATE DISABILITY INSURANCE BENEFITS

California employees who are disabled may be eligible to receive State Disability Insurance (SDI) partial wage replacement benefits (up to a maximum weekly amount). In order to receive benefits, the employee must file a claim form promptly with the California Employment Development Department. An employee may integrate any available sick leave with any SDI benefits the employee receives so that the employee may be able to receive up to, but no more than 100% of his or her regular pay.

CALIFORNIA PAID FAMILY LEAVE INSURANCE (PFLI) BENEFITS

California employees who pay State Disability Insurance taxes may be eligible for partial wage replacement benefits (up to a maximum weekly amount) from the State of California in the event they need to take time off to bond with a new child entering the family through birth, adoption or foster care placement, to care for a seriously ill family member, or participate in a qualifying military event.

“Qualifying military event” means any military event or an essential need resulting from a family member’s deployment to a foreign country, and includes arranging for childcare or parental care during the deployment, assisting in making legal or financial arrangements during deployment, attending counseling, assisting the miliary member during rest and recuperation leave, attending military sponsored events or ceremonies, representing the military member at federal, state, or local events, or addressing issued due to the military member’s death.

“Family members” include:

• Children
• Parents, parents-in-law
• Grandparents
• Grandchildren
• Sibling
• Spouse and registered domestic partners

Employees who are eligible for California Paid Family Leave and San Francisco Paid Family Leave may be entitled to up to eight (8) weeks of supplemental compensation in the event of taking time off for parental leave. Please contact the Human Resources Department for more information.

This program does not, however, create a right to a leave of absence, or provide job protection or reinstatement rights.  PFLI is entirely funded by employees through mandatory payroll deductions. Employees may apply for PFLI benefits through the State of California’s Employment Development Department (the “EDD”). Please go to the EDD website, www.edd.ca.gov, for application forms and additional information.

LACTATION ACCOMMODATION

Host Healthcare recognizes the health benefits of breastfeeding for both parent and child.  Therefore, Host Healthcare provides a supportive environment to encourage breastfeeding or the expressing of breast milk by employees during work hours.  In accordance with federal and California State laws, it is the policy of Host Healthcare to accommodate nursing employees’ lactation needs.  All Clinicians are eligible under this policy.

Milk Expression Breaks.  Breastfeeding employees are allowed to breastfeed or express milk during work hours.  As much as is reasonably possible the employee will use their normal breaks and meal times.  For time that may be needed beyond the usual break times, the time taken will be unpaid.

Location to Express Milk.  Host Healthcare will make reasonable efforts to identify a location in close proximity to the nursing employee’s work area.  To the fullest extent possible, the location will meet the following criteria:

1. The space will be equipped with an electrical outlet.
2. The space will have comfortable seating.
3. The space will not be a toilet or bathroom, or a closet or storage room.
4. The location will provide adequate privacy.
5. The location may be a private office or conference room that can be secured to provide adequate privacy.
6. The space will be sanitary.
7. The space will include or will be near a facility where hand washing can take place and where breast pump equipment can be cleaned, and a refrigerator suitable for storing milk.

Equipment and Storage.  Employees are responsible for bringing their own breast pump equipment and for cleaning their own breast pump equipment.  Express milk may be stored in personal and marked containers and placed in Host Healthcare refrigerator unit.

Employee Responsibility.  Breastfeeding employees are responsible for keeping milk expression areas clean, using anti-microbial wipes to clean the pump and the area around it.  Employees are also responsible for keeping the general lactation room clean for the next user.

An employee who has need for lactation accommodation should inform her supervisor and review this policy and discuss any scheduling issues that may arise from the need for expressing breast milk.

Non-Discrimination.  Breastfeeding should not constitute a source of discrimination in employment or in access to employment.  It is prohibited under this policy to harass a breastfeeding employee; such conduct unreasonable interferes with an employee’s work performance and creates an intimidated hostile of offensive working environment.  Any incident of harassment of breastfeeding employee will be addressed in accordance with Host Healthcare’s policies for discrimination and harassment.

Filing a Complaint.  Nursing employees who feel they have been denied appropriate accommodations or have been harassed due to breastfeeding or expressing milk are encouraged to contact Human Resources.  You also may file a report/claim with the Labor Commissioner’s Bureau of Field Enforcement (BOFE) at the BOFE office nearest your place of employment. The complaint must be filed within three years of the alleged unlawful action. In addition, if you feel like you have been a victim of retaliation for either asserting a right to lactation accommodation or for complaining to the Labor Commissioner about the failure of the Host Healthcare  to provide this accommodation, you may file a retaliation claim with the Labor Commissioner’s Office You must file a retaliation claim with the Labor Commissioner’s Office within six months of the alleged retaliation.

MILITARY LEAVE

In addition to federal protections, employees in California who serve in the Military are entitled to the rights and protections set forth in the California Military and Veteran’s Code.  Among other things, the Code prohibits discrimination against members of the military or naval services of the state or the United States, and grants members of the National Guard or U.S. Reserve a temporary leave of absence while engaged in military duty ordered for purposes of military training, drills, encampment, naval cruises, and special exercises or like activities. This leave is not to exceed 17 calendar days annually.

MILITARY SPOUSE LEAVE

Employees working in the state of California who work an average of 20 hours or more per week are eligible to take up to ten (10) days of unpaid leave while their spouse/domestic partner is on leave from military deployment. In order to qualify, the employee’s spouse/domestic partner must be a member of the Armed Forces (including National Guard or Reserves) and on leave from deployment during a period of military conflict in an area designated as a combat zone. Qualified employees should provide notice to the Human Resources Department within two (2) business days of receiving official notice that their spouse/domestic partner will be on leave from deployment.

CALIFORNIA REPRODUCTIVE LOSS LEAVE

An employee who has been employed by Host Healthcare in California for at least 30 days is entitled to receive up to five (5) days of unpaid, protected time off for a reproductive loss event, which includes a failed adoption, failed surrogacy, miscarriage, stillbirth, or unsuccessful assisted reproduction. The five days of leave do not need to be taken consecutively. However, the leave must generally be completed within three (3) months of the reproductive loss event. If the employee suffers more than one reproductive loss event within a 12 month period, an employee may take up to 20 days of leave collectively. While the leave is unpaid, an employee may use any available paid sick leave or paid vacation for this time off.

CALIFORNIA BEREAVEMENT LEAVE

California employees who have been with the Company at least 30 days may take up to five (5) days of unpaid bereavement leave after the death of a spouse, child, parent, sibling, grandparent, grandchild, domestic partner or parent-in-law. Bereavement leave must be completed within three months of the death and employees may be required to substantiate the need for time off.  Bereavement leave is unpaid. However, while on bereavement leave, employees are entitled to use vacation or paid sick time that is otherwise available.

CALIFORNIA LEAVE FOR VICTIMS OF QUALIFYING ACTS OF VIOLENCE

Under California law, employees who are victims (or who have a family member who is a victim) of a qualifying act of violence may take time off from work to attend to various matters associated with being a victim of such violence as provided by law, including any of the following:

• To obtain or attempt to obtain any relief, such as a temporary restraining order, restraining order, or other injunctive relief to ensure the health, safety, or welfare of the employee or of a family member.
• To seek, obtain, or assist a family member in seeking or obtaining, medical attention for or to recover from injuries caused by a qualifying act of violence.
• To seek, obtain, or assist a family member in seeking or obtaining services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a qualifying act of violence.
• To seek, obtain, or assist a family member in seeking or obtaining psychological counseling or mental health services relating to an experience of a qualifying act of violence.
• To participate in safety planning or to take other actions to increase safety from future qualifying acts of violence.
• To relocate or engage in the process of securing a new residence due to a qualifying act of violence, including but not limited to, securing temporary or permanent housing or enrolling children in a new school or childcare.
• To provide care to a family member who is recovering form injuries caused by a qualifying act of violence.
• To seek, obtain, or assist a family member in seeking or obtaining, civil or criminal legal services in relation to a qualifying act of violence.
• to prepare for, participate in, or attend any civil administrative, or criminal proceeding related to a qualifying act of violence.
• To seek, obtain, or provide childcare or care to a care-dependent adult, if necessary to ensure the safety of the child or dependent adult as a result of a qualifying act of violence.

A “qualifying act of violence” means domestic violence, sexual assault, stalking, or any act, conduct, or pattern of conduct that includes (i) bodily injury or death to another; (ii) using, exhibiting, drawing, or brandishing, a firearm or other dangerous weapon; or (iii) an actual or reasonably perceived threat to use force against another to cause physical injury or death. A “qualifying act of violence” does not require that an individual be arrested, prosecuted, or convicted to of committing a crime.

An employee may also take such time off under this policy if a family member has been a victim of a qualifying act of violence. “Family member” means a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner or designated person who is related by blood or affinity and whose close association with you is the equivalent of a family relationship. You may identify the designated person at the time you request leave or accommodation, however you may only designate on person 12-month period.

Under this policy, an employee who is a victim of a qualifying act of violence may take up to 12 weeks of leave. An employee who is taking leave to help a family member who is a victim of a qualifying act of violence relocate may take up to five (5) days to assist with relocation, and may take up to ten (10) days of total leave to assist their family member.

An employee wishing to take time off for any of these purposes must provide Host Healthcare with reasonable advance notice unless advance notice is not feasible. The time taken is without pay. However, the employee may substitute any sick or other paid time off for the unpaid leave provided under this policy.

In addition to providing time off as set forth in this policy, Host Healthcare will provide reasonable accommodation to an employee who is a victim or whose family member is a victim of a qualifying act of violence who requests an accommodation for the safety of the employee while at work, provided that, the accommodation does not constitute an undue hardship on Host Healthcare’ business operations or that would violate Host Healthcare’ duty to make sure the workplace is safe and healthful for all employees.  Employees seeking such accommodation should contact Human Resources to discuss their request.  When such requests are received, Host Healthcare shall engage in a timely, good faith, and interactive process with the employee to determine effective reasonable accommodations and shall consider any exigent circumstances or danger facing the employee or their family member.

Host Healthcare may require the employee to provide certification of the employee’s status (or a family member’s status) as a victim of a qualifying act of violence to support a request for time off and/or accommodation, as permitted by applicable law.

Host Healthcare shall maintain the confidentiality of any employee requesting leave or accommodation under this policy, as provided by law.  In addition, Host Healthcare will not discharge or in any manner discriminate or retaliate against any employee because of the employee’s status or the employee’s family member’s status as a victim, or for taking leave or otherwise making requests under this policy, and prohibits such retaliation by others.

CALIFORNIA VICTIMS OF CRIME LEAVE

A California employee who is themselves a victim or who is the immediate family member of a victim of a violent felony or serious felony may take time off from work under the following circumstances:

• the crime must be a violent or serious felony, as defined by law; and
• the employee must be the victim of a crime, or must be an immediate family member of a victim, a registered domestic partner of a victim, or the child of a registered domestic partner of a victim.

“Immediate family member” means:  a spouse, child, stepchild, brother, stepbrother, sister, stepsister, mother, stepmother, father or stepfather.

“Registered domestic partner” means a domestic partner who is registered in accordance with California state law.

The absence from work must be in order to attend judicial proceedings related to a crime listed above.  Such judicial proceedings include any delinquency proceeding, involving a post-arrest release decision, plea, sentencing, post-conviction release decision, or any proceeding in which a right of the victim is an issue.

In advance of the absence, the employee must provide Host Healthcare with reasonable advance notice and a copy of the notice of each scheduled proceeding.  If providing advance notice is not feasible or if an unscheduled absence occurs, Host Healthcare may require the employee to provide certification of the judicial proceeding as provided by law. The time off will be unpaid; however, employees may use accrued paid time off for this purpose.

Host Healthcare shall maintain the confidentiality of any employee requesting or taking time off under this policy, as provided by law.  In addition, Host Healthcare will not discharge or in any manner discriminate or retaliate against any employee for requesting or taking time off under this policy, and prohibits such retaliation by others.

Employees should contact Human Resources for more information.

JURY DUTY AND WITNESS TESTIMONY LEAVE

Clinicians in the state of California are eligible to take time off when summoned to appear as witnesses in a judicial proceeding, pursuant to a subpoena or other court order, or are called to serve jury duty. Host Healthcare will grant unpaid time off to Clinicians summoned to appear in an applicable proceeding or for jury duty as required by law, unless paid leave is required under applicable law. In addition, Host Healthcare will not discharge or in any manner discriminate or retaliate against any employee for requesting or taking time off under this policy and prohibits such retaliation by others.

We follow applicable state law for all other state-specific jury duty and witness testimony requirements and accommodations. As always, please contact your Recruiter with any questions.

CALIFORNIA TIME OFF FOR VOTING

If an employee does not have sufficient time outside of working hours to vote in an official state-sanctioned election (within the employee’s tax home state), the employee may take off enough working time to vote.  Such time off shall be taken at the beginning or the end of the regular working shift, whichever allows for more free time, and the time taken off shall be combined with the voting time available outside of working hours to a maximum of two (2) hours combined.  Under these circumstances, an employee will be allowed a maximum of two (2) hours of time off during an election day without loss of pay.  When possible, an employee requesting time off to vote shall give his or her supervisor at least two (2) days’ notice.

CALIFORNIA VOLUNTEER CIVIL SERVICE PERSONNEL

No employee shall be disciplined for taking time off to perform emergency duty as a volunteer firefighter, peace officer, or emergency rescue personnel.  Employees are also eligible for unpaid leave for required training.  If an employee is an official volunteer firefighter, peace officer or emergency rescue personnel, he/she must alert the Recruiter or Account Manager that he/she may have to take time off for emergency duty.  When taking time off for emergency duty, please alert your Recruiter or Account Manager before doing so when possible.  This leave will be unpaid.

CIVIL AIR PATROL LEAVE

Host Healthcare will not discriminate against an employee for membership in the Civil Air Patrol.  Additionally, Host Healthcare will not retaliate against an employee for requesting or taking Civil Air Patrol leave.  Host Healthcare will provide not less than 10 days per year of leave but no more than 3 days at a time to employees who are volunteer members of the California Wing of the Civil Air Patrol.  Employees must have been employed by Host Healthcare for at least 90 days immediately preceding the commencement of leave, and must be duly directed and authorized by a political entity that has the authority to authorize an emergency operational mission of the California Wing of the Civil Air Patrol.  Employees must request leave with as much notice as possible in order to respond to an emergency operational mission of the California Wing of the Civil Air Patrol.  Leave under this policy is unpaid.  An employee taking leave under this policy will not be required to exhaust accrued sick leave or any other type of accrued leave prior to taking unpaid Civil Air Patrol Leave.  Following leave under this policy, an employee must return to work as soon as practicable and must provide evidence of the satisfactory completion of civil air patrol service.  If the employee complies with these requirements, the employee will be restored to their prior position without loss of status, pay, or other benefits.

CALIFORNIA TIME OFF FOR SCHOOL ACTIVITIES

Employees are encouraged to participate in the school activities of their child(ren).  The time off is subject to all of the following conditions:

• Parents, guardians, grandparents, stepparents, foster parents, person standing in loco parentis to a child having custody of one or more children in kindergarten or grades one to 12 in the employee’s tax home state or with a licensed childcare provider in the employee’s tax home state may take time off for a school activity.
• The time off for school activity participation cannot exceed eight hours in any calendar month, or a total of 40 hours each school year.
• Employees planning to take time off for school visitations must provide as much advance notice as possible to their supervisor.
• If both parents are employed by Host Healthcare, the first employee to request such leave will receive the time off. The other parent will receive the time off only if the leave is approved by his or her supervisor.
• Employees must use accrued paid time off in order to receive compensation for this time off.
• Employees who do not have accrued paid time off available will take the time off without pay, and
• Employees must provide their supervisor with documentation from the school verifying that the employee participated in a school activity on the day of the absence for that purpose.

The employee can also use time off to address a “childcare provider or school emergency.” There is not an eight hour per calendar month limitation on this emergency usage. The employee must give notice to the employer.

A childcare provider or school emergency means that the employee’s child cannot remain in a school or with a childcare provider due to one of the following:

• The school or childcare provider has requested that the child be picked up or has an attendance policy (excluding planned holidays) that prohibits the child from attending or requires the child to be picked up from the school or childcare provider.
• Behavioral or discipline problems.
• Closure or unexpected unavailability of the school or childcare provider, excluding planned holidays; or
• A natural disaster, including, but not limited to, fire, earthquake or flood.

The employee is also entitled to unpaid time off, upon reasonable notice, when required to appear at a child’s school (located within the employee’s tax home state) because the child has been suspended.  No retaliatory or discriminatory action will be taken against an employee who takes time off for this purpose.

ORGAN AND BONE MARROW DONOR LEAVE

Employees in the state of California who have worked at least 90 days may be eligible for a paid leave of absence up to 30 days for the purpose of organ donation and up to five (5) days for the purpose of bone marrow donation in a 12-month period. An additional unpaid leave of up to 30 business days may be granted to an employee donating an organ. The 12-month period is measured from the date leave begins.

Employees will be required to provide medical certification indicating the medical necessity for the organ and/or bone marrow donation.

REHABILITATION LEAVE

An employee may be entitled to rehabilitation leave if he or she voluntarily enters and participates in an alcohol or drug rehabilitation program. Such leave may be taken as an adjusted work schedule or a leave of absence provided that the leave does not impose undue hardship on Host Healthcare. An employee requesting rehabilitation leave must inform their Recruiter or Account Manager as soon as practicable of the need for such leave.

Employees must be prepared to provide Human Resources with certification to verify the employee’s participation in such a program, and Host Healthcare will maintain confidentiality to the fullest extent possible. Host Healthcare will attempt to safeguard the privacy of an employee’s participation in the rehabilitation program. Rehabilitation leave is unpaid; however, employees may use accrued paid time off for this purpose. Whether or not rehabilitation leave is available or requested will not prohibit Host Healthcare from refusing to hire, or discharging an employee who, because of the employee’s current use of alcohol or drugs, is unable to perform their duties, or cannot perform the duties in a manner which would not endanger their health or safety or the health or safety of others.

LITERACY ASSISTANCE

Host Healthcare is committed to providing reasonable accommodations to employees who need assistance to participate in an adult literacy education program, provided the accommodation does not impose an undue hardship on Host Healthcare. Assistance from Host Healthcare may include, but is not limited to, unpaid time off or an adjusted work schedule so that the employee may participate in a literacy program; providing the employee with locations of local literacy education programs; or arranging for a literacy education provider to visit the jobsite. If you need assistance in enrolling in such a program, please contact Human Resources.

OVERTIME, REST BREAKS, & MEAL PERIODS

Clinicians will be paid overtime and provided rest and meal breaks in accordance with state and federal laws.  California has specific rules for overtime, rest breaks and meal periods.

Overtime

Clinicians will be eligible to receive overtime pay at one and one-half times their regular rate of pay for hours worked over eight (8) up to and including twelve (12) hours in any workday; or 40 hours in one week. Additionally, overtime pay will be applicable for the first eight (8) hours worked on the seventh consecutive day of work in the same workweek.

For hours worked over 12 in any workday and over eight (8) on the seventh consecutive day of work within the same workweek, employees will be eligible for twice their regular rate of pay.

“Hours worked” means time actually spent on the job. It does not include hours away from work due to vacation, sickness, guaranteed hours that are not worked, or holidays, even when these days are compensated.  Unpaid leaves of absence or any other time away from work are also not considered hours worked for overtime purposes.

Rest Breaks

Clinicians are authorized and permitted to take a ten minute paid, uninterrupted duty-free rest period for every four hours of work, or major fraction of four hours. That means, Clinicians who work:

• Less than three and a half (3.5)hours are not entitled to a rest period.
• Three and a half (3.5) hours up to six (6) hours are entitled to one (1) ten-minute, uninterrupted, paid rest period.
• More than six (6) hours up to ten (10) hours are entitled to two (2) ten-minute, uninterrupted, paid rest periods.
• More than ten (10) hours up to 14 hours are entitled to three (3) ten-minute, uninterrupted, paid rest periods.

Rest periods should be taken so far as practicable in the middle of each work period. Rest periods may not be combined with other rest periods or meal periods.

Rest periods are counted as hours worked, and thus, employees are not required to record their rest periods in the timekeeping system. However, no supervisor is authorized or allowed to instruct or allow an employee to waive or skip a rest period.

Meal Periods

If a California Clinician works more than five (5) hours in a single workday, they are provided with an opportunity to take an unpaid, 30-minute uninterrupted duty-free meal period to begin no later than the end of the Clinician’s fifth (5th) hour of work, or as scheduled by their supervisor to begin sometime before the end of the fifth (5th) hour of work. “Uninterrupted” means that the meal period is a time during which the Clinicians are completely relieved of their job responsibilities during their meal periods.  For this reason, Clinicians must clock in and out for their meal periods, or record the beginning and ending time of the meal period on their timesheet every day.

If a Clinician works no more than six (6) hours in a single workday, the Clinician may voluntarily waive their right to their meal period, so long as the Clinician and supervisor mutually agree to the waiver. Clinicians who voluntarily waive their right to take a 30-minute uninterrupted unpaid meal period are required to fill out a “Waiver of Meal Period for Shifts Of Six Hours Or Less.”

If a Clinician works more than ten (10) hours in a single workday, they are provided with an opportunity to take a second (2nd) unpaid 30-minute uninterrupted duty-free meal period to begin no later than the end of the Clinician’s tenth (10) hour of work, or as scheduled by their supervisor to begin sometime before the end of the tenth hour of work.

Clinicians who work in excess of ten (10) hours in a workday may voluntarily waive their right to one of their two meal periods, if the Clinician and supervisor mutually agree, in writing, to waive one of the two meal periods. Clinicians who voluntarily waive their right to take one of their two meal breaks are required to fill out a “Waiver of One of Two Meal Periods.”

Clinicians may change their waiver options at any time by completing and submitting a new form to their Recruiter or the Human Resources Department, stating that the Clinician does not want to waive their meal breaks. Any change will become effective upon the next shift worked after submission to the Company.

Meal Period and Rest Break Enforcement

Meal and rest periods are intended to provide Clinicians an opportunity to be away from work, and Clinicians are not permitted to perform any work during meal and rest periods. Clinicians are encouraged to take meal and rest periods away from their immediate work area. Clinicians are free to leave the work premises during their meal and rest periods, and may also use any available cafeteria, lunchroom or breakroom at their worksite. The Company is informed and believes, and therefore expects and anticipates, that the facilities may have their own meal and rest break policy and/or waivers of breaks. The Company is informed and believes that the facilities’ policies and waivers are consistent with California law and the Company’s policy. If you are not provided with the facility’s policies and waivers from the facility at the beginning of your assignment, you must inform your Recruiter or Account Manager.

If you are (a) not provided with an opportunity to take a timely meal or rest break, (b) provided with a short, late, or interrupted meal break or short or interrupted rest break, or (c) otherwise discouraged from timely taking your meal or rest break, you must report this to the Company, either by noting it in your time sheets or by contacting your Recruiter or Account Manager. You should also report any such situations to [email protected]. Clinicians should state the reasons why they believe they were not permitted to timely take their breaks, were provided with a short, late, or interrupted meal break or short or interrupted rest break, or were otherwise prohibited from timely taking their break(s), in the time sheet or correspondence to the Recruiter or Account Manager. If you are provided the opportunity to take a timely break, as explained below, but voluntarily choose (1) not to take it; (2) take it later; or (3) take a shorter break than provided, you should accurately report your time to ensure you are paid for all hours worked.

In submitting time through the timekeeping system, employees certify they have been provided all legally mandated meal and rest periods and relieved of all duty, unless otherwise reported to the Company in writing in the event of any missed break, the failure to be relieved of all duty or an otherwise noncompliant meal period or rest break.

ADDENDUM FOR CLINICIANS ON ASSIGNMENT IN ILLINOIS

The Company’s workforce is spread across several states, and state laws differ in many respects. This Addendum contains additions and changes to the Company’s Clinician Policies (“Clinician Policies”) that apply to the Company’s Clinicians on assignment in Illinois. Except as noted below, nothing in this Addendum changes or modifies any of the policies or procedures set forth in the Clinician Policies.

As with the Clinician Policies, the contents of this Addendum are guidelines only, and do not create an employment contract. Employment with the Company is at-will, and may be terminated at any time with or without cause or notice by either the Clinician or the Company.

Illinois Human Rights Act Notice

YOU HAVE THE RIGHT TO BE FREE FROM JOB DISCRIMINATION AND SEXUAL HARASSMENT

The Illinois Human Rights Act states that you have the right to be free from unlawful discrimination and sexual harassment. This means that employers may not treat people differently based on race, age, gender, pregnancy, disability, sexual orientation, or any other protected class named in the Act. This applies to all employer actions, including hiring, promotion, discipline, and discharge.

Reasonable Accommodations
You also have the right to reasonable accommodations based on pregnancy and disability. This means you can ask for reasonable changes to your job if needed because you are pregnant or disabled.

Retaliation
It is also unlawful for employers to treat people differently because they have reported discrimination, participated in an investigation, or helped others exercise their right to complain about discrimination.

Report Discrimination
To report discrimination, you may:
– -Contact your recruiter or account manager, supervisor, any member of management, or notify legal at [email protected].
– Contact the Illinois Department of Human Rights (IDHR) to file a charge.
– Call the Illinois Sexual Harassment and Discrimination Helpline at 1-877-236-7703 to talk to someone about your concerns.

Chicago:
James R. Thompson Center
100 West Randolph Street, Suite 10-100
Chicago, IL 60601
(312) 814-6200
(866) 740-3953 (TTY)
(312) 814-6251 (Fax) Springfield:
535 W. Jefferson Street
First Floor

Springfield, IL 62702
(217) 785-5100
(866) 740-3953 (TTY)
(217) 785-5106 (Fax)
Website:www.illinois.gov/dhr
Email: [email protected]

Meal Breaks
Employees who work seven and one-half (7½) continuous hours must take an uninterrupted, unpaid meal break of at least twenty (20) minutes. The meal break must be taken no later than five (5) hours after an employee begins working. Employees who work more than seven and one-half (7½) hours are entitled to an additional 20-minute meal break for every additional four and one-half (4½) continuous hours worked. Reasonable breaks to use restroom facilities do not count towards the meal break.

Lactation Breaks
Lactation break time shall, if possible, run concurrently with breaks the employee would otherwise have, such as paid rest breaks or unpaid meal periods. The Company will not reduce an employee’s compensation for reasonable lactation break time that does not run concurrently with other break periods.

Mandatory Day of Rest
Non-exempt employees who work more than twenty (20) hours in a calendar week will be permitted at least twenty-four (24) consecutive hours of rest in every consecutive seven-day period.

Family Bereavement Leave
An employee who is eligible for leave under the federal Family and Medical Leave Act (“FMLA”) may take a maximum of ten (10) work days* of unpaid bereavement leave to:
– attend the funeral or alternative to a funeral of a covered family member;
– make arrangements necessitated by the death of the covered family member;
– grieve the death of the covered family member;
– be absent from work due to: (i) a miscarriage; (ii) an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure; (iii) failed adoption match or an adoption that is not finalized because it is contested by another party; (iv) a failed surrogacy agreement; (v) a diagnosis that negatively impacts pregnancy or fertility or (vi) a still birth.

Bereavement leave under this policy must be completed within sixty (60) days after the date on which the employee receives notice of the death of a covered family member or the date on which an event listed in subpart (4)(i)–(vi) above occurs.

For purposes of this policy, a “covered family member” is the employee’s child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent or stepparent.

The Company may require reasonable documentation to verify the request for bereavement leave under this policy. For bereavement leave related to events listed under category (4), reasonable documentation may include medical forms (issued by the Illinois Department of Labor), or forms from the adoption or surrogacy agency or organization.

An employee may elect to substitute available paid sick leave, PLAWA paid leave, or paid bereavement days available under the Bereavement Leave policy in the main section of the Handbook, for an equivalent period of otherwise unpaid leave under this policy.

*In the event of the death of more than one covered family member in a 12-month period, an employee is entitled to up to a total of six (6) weeks of bereavement leave during the 12-month period. In the event of the death of an employee’s child due to suicide or homicide, please see the Child Extended Bereavement Leave policy for eligibility for extended leave.

An eligible employee who requires leave under this policy should provide their supervisor with at least forty-eight (48) hours’ notice before commencement of leave, or as soon as practicable under the circumstances.

Leave under this policy may not be taken in addition to unpaid leave permitted under the FMLA and may not exceed unpaid leave time allowed under the FMLA.

Child Extended Bereavement Leave
If a full-time employee who has worked for the Company for at least two (2) weeks, experiences the loss of the employee’s child by suicide or homicide, the employee is entitled to use a maximum of six (6) weeks of unpaid leave (or up to a maximum of 12 weeks if the Company employs 250 or more employees on a full-time basis in Illinois), within one (1) year after the employee notifies the Company of the loss.

An eligible employee who requires leave under this policy should provide their supervisor with reasonable advance notice before commencement of leave, unless providing such notice is not reasonable or practicable. The Company may require reasonable documentation to verify the request for bereavement leave under this policy.

An employee may elect to substitute available paid sick leave, PLAWA paid leave, Chicago PL or PSL, or paid bereavement days available under the Bereavement Leave policy in the main section of the Clinician Policies, for an equivalent period of otherwise unpaid leave under this policy.

Leave under this policy does not extend the maximum period of leave to which an employee is entitled under the FMLA or under any other paid or unpaid leave provided under the Company’s policies or benefits plans or programs. An employee who uses leave under the Child Extended Bereavement Leave policy because of the death of a child may not take leave under the Family Bereavement Leave policy because of the death of the same child.

Family Military Leave
An eligible employee who is the spouse, parent, child, or grandparent of a person called to military service lasting longer than thirty (30) days with the state of Illinois or United States pursuant to orders of the Governor of Illinois or the President of the United States, will be granted unpaid family military leave.

To be eligible for family military leave, an employee must have been employed by the Company: (1) for at least twelve (12) months; and (2) for at least 1,250 hours of service during the 12-month period immediately preceding the commencement of the leave. In addition, an employee may not take family military leave unless the employee has exhausted all available paid leave that may be granted to the employee, except PLAWA leave, Chicago PL and PSL, and disability leave.

An eligible employee will be entitled to up to thirty (30) days of unpaid family military leave during the time that federal or state of Illinois deployment orders are in effect. The number of days of leave provided to an employee because the employee’s spouse or child is called to military service shall be reduced by the number of days of leave provided to the employee under the FMLA because of any qualifying exigency arising out of the fact that the employee’s spouse or child is on covered active duty, as defined in the FMLA (or has been notified of an impending call or order to covered active duty), in the Armed Forces.

An employee requesting family military leave must provide their supervisor with at least fourteen (14) days’ notice of the intended date upon which the family military leave will commence if leave consists of five (5) or more consecutive work days. An employee requesting family military leave for less than five (5) consecutive days must provide their supervisor with as much advance notice as is practicable. Where able, the employee must consult with their supervisor to schedule the leave so as to not unduly disrupt the operations of the Company. The Company may require certification from the proper military authority to verify the employee’s eligibility for the family military leave requested.

During approved family military leave, an employee may continue health insurance benefits at the employee’s expense. Taking family military leave will not result in the loss of any employee benefit accrued before the date on which the leave commenced.

Upon returning from approved family military leave, an employee will be restored to the position held by the employee when the leave commenced or to a position with equivalent seniority status, employee benefits, pay and other terms and conditions of employment, unless the employee cannot be restored because of conditions unrelated to the employee’s exercise of rights under the Illinois Family Military Leave Act.

Illinois Service Member Employment and Reemployment Rights (ISERRA)
An employee who is a member of the U.S. Armed Forces (active or reserve), National Guard, or state guard and is called into training or service, or ordered to federal or state active duty, will be granted unpaid military leave of absence to engage in military service. All members of the Military Auxiliary Radio System, U.S. Coast Guard Reserve, Civil Air Patrol and Merchant Marines will also be granted unpaid leave when performing official duties in support of an emergency. Employees may also take unpaid leave for the purpose of medical or dental treatment for a condition, illness, or injury sustained or aggravated during a period of active service in which treatment is paid by the U.S. Department of Defense Military Health System.

If, after honorable discharge or other satisfactory completion of military service, employees return to work or apply for re-employment on a timely basis, they will be reinstated in accordance with federal and state law.

To the extent this policy conflicts with USERRA, the Company will provide the greater benefit under either state military leave law or USERRA.
Pregnancy Accommodation

In accordance with the Illinois Human Rights Act, the Company prohibits discrimination and retaliation against applicants or employees because of their pregnancy, childbirth, or medical or common conditions related to pregnancy or childbirth, or because they requested a reasonable accommodation because of their pregnancy, childbirth, or medical or common conditions related to pregnancy or childbirth.

The Company will provide reasonable accommodations for an applicant or employee’s pregnancy, childbirth, or medical or common conditions related to pregnancy or childbirth, unless the accommodations would impose an undue hardship on the ordinary operation of the business of the Company.

Employees who believe they need a reasonable accommodation for their pregnancy, childbirth, or medical or common conditions related to pregnancy or childbirth, should contact the Human Resources Department.

The Company may request documentation from the applicant or employee’s healthcare provider concerning the need for the requested reasonable accommodation or accommodations to the same extent documentation is requested for conditions related to disability if the employer’s request for documentation is job-related and consistent with business necessity.

In response to a request for an accommodation, the Company may request the employee to provide documentation from the employee’s healthcare provider if:
1. The Company also requests similar documentation for conditions related to a disability;
2. The request is job-related and consistent with business necessity; and
3. The request is limited to information concerning:
a. The need or medical justification for the requested accommodation;
b. A description of the reasonable accommodation medically advisable;
c. The date the reasonable accommodation became medically advisable; and
d. The probable duration of the reasonable accommodation.

Nothing in this policy prohibits the Company from requesting documentation from the employee’s healthcare provider to determine compliance with other laws.

Women affected by pregnancy, childbirth, or medical or common conditions related to pregnancy or childbirth shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work, regardless of the source of the inability to work or employment classification or status.

The Company will not deny employment opportunities or benefits to, or take adverse action against, an otherwise qualified job applicant or employee if the denial or adverse action is based on the need of the employer to make reasonable accommodations to a pregnant employee.

The Company will not require a job applicant or employee affected by pregnancy, childbirth, or medical or common conditions related to pregnancy or childbirth to accept an accommodation when the applicant or employee did not request an accommodation or the applicant or employee chooses not to accept the Company’s accommodation.

The Company also will not require an employee to take leave under any leave law or policy of the Company if another reasonable accommodation can be provided to the known medical or common conditions related to the pregnancy or childbirth of an employee.

The Company will reinstate an employee affected by pregnancy, childbirth, or medical or common conditions related to pregnancy or childbirth to her original job or to an equivalent position with equivalent pay and accumulated seniority, retirement, fringe benefits, and other applicable service credits upon her signifying her intent to return or when her need for reasonable accommodation ceases, unless the accommodation would impose an undue hardship on the ordinary operation of the business of the Company.

An employee who has questions regarding this policy or believes that the employee has been discriminated or retaliated against based on pregnancy, childbirth, or medical or common conditions related to pregnancy or childbirth, must notify the Human Resources Department.

Victims’ Economic Security and Safety Act Leave (VESSA)
An employee who is a victim of domestic, sexual violence, gender violence, or other crime of violence; or an employee who has a family or household member who is a victim of domestic violence, sexual violence, or gender violence, or other crime of violence whose interests are not adverse to the employee as it relates to the domestic, sexual violence, gender violence, or other crime of violence, may take up to twelve (12) weeks of unpaid leave during a 12-month period.

The employee may take this leave to attend to any of the following:
a. seek medical attention for, or recovering from, physical or psychological injuries caused by domestic violence, sexual violence, gender violence, or other crime of violence to the employee or the employee’s family or household member;
b. obtain services from a victim services organization for the employee or the employee’s family or household member;
c. obtain psychological or other counseling for the employee or the employee’s family or household member;
d. participate in safety planning, temporarily or permanently relocating, or taking other actions to increase the safety of the employee or the employee’s family or household member from future domestic violence, sexual violence, gender violence, other crime of violence, or ensure economic security;
e. seek legal assistance or remedies to ensure the health and safety of the employee or the employee’s family or household member, including preparing for or participating in any civil, criminal, or military legal proceeding related to or derived from domestic violence, sexual violence, sexual harassment, or other crime of violence;
f. attending the funeral or alternative to a funeral or wake of a family or household member who is killed in a crime of violence*;
g. making arrangements necessitated by the death of a family or household member who is killed in a crime of violence*; or
h. grieving the death of a family or household member who is killed in a crime of violence*.

*An employee shall be entitled to use a cumulative total of not more than 2 workweeks (10 work days) of unpaid leave for the purposes described in subparagraphs (f), (g), or (h), which must be completed within 60 days after the date on which the employee receives notice of the death of the victim. However, if an employee is also entitled to take unpaid bereavement leave under the Family Bereavement Leave Act as a result of the death of the victim, then: (i) the employee does not have a right under VESSA to take unpaid bereavement leave that exceeds, or is in addition to, unpaid bereavement leave under the Family Bereavement Leave Act; (ii) leave taken under VESSA for the purposes described in subparagraphs (f), (g), or (h) above or leave taken under the Family Bereavement Leave Act shall be in addition to, and shall not diminish, the total amount of leave time an employee is entitled to under VESSA. If an employee is not entitled to unpaid bereavement leave under the Family Bereavement Leave Act as a result of the death of the victim, leave taken leave under VESSA for the purposes described in subparagraphs (f), (g), or (h) above shall be deducted from, and is not in addition to, the total amount of leave time an employee is entitled to under VESSA.

The time off for leave under this policy will be unpaid unless the employee elects to use available paid sick time, PLAWA paid leave, or Chicago PL or PSL, if any.

The employee shall provide the Company with at least forty-eight (48) hours advance notice of the employee’s intention to take the leave, unless providing such notice is not practicable. The Company may require the employee to provide certification that the employee or the employee’s family or household member is a victim of domestic violence, sexual violence, gender violence, or any other crime of violence and the effects of the violence, and that the requested leave is for one of the reasons referenced above. The Company will keep this information in the strictest confidence, except to the extent that disclosure is requested or consented to in writing by the employee, or otherwise required by applicable federal or state law.

This leave may be taken consecutively, intermittently, or on a reduced schedule. This leave does not extend the twelve (12) weeks of unpaid leave provided to employees under the FMLA.

Voting Leave
Generally, employees are able to find time to vote either before or after their regular work schedules. An employee whose work schedule does not provide two (2) consecutive hours to vote after the opening of the polls or before the closing of the polls will be permitted up to two (2) hours of paid time off in which to vote.
An employee who requires time off to vote should submit a request to their supervisor at least two (2) days prior to the election day. The Company may specify the hours during which the employee may be absent under this policy. Employees who take time off of work to vote may be required to submit a voter’s receipt to their supervisor on the first workday following the election.

Illinois Paid Leave For All Workers
Under the Illinois Paid Leave for All Workers Act and the Cook County Paid Leave Ordinance (collectively, “PLAWA”), employees of the Company working in Illinois, other than in the City of Chicago, are eligible for up to forty (40) hours of paid leave from work each calendar year that can be used for any reason. The Company complies with PLAWA by providing employees with paid leave as described in this policy. For employees who work in City of Chicago, please see the separate Chicago Paid Leave and Paid Sick and Safe Leave Policy that follows.

Amount of Paid Leave
All employees accrue one (1) hour of PLAWA paid leave for every forty (40) hours worked, up to 40 hours of PLAWA paid leave accrued each calendar year. Employees begin accruing PLAWA paid leave on the later of either January 1, 2024 or the first day of employment. Requesting Use of PLAWA Leave and

Requesting Use of PLAWA Leave and Notice Requirements

Eligible employees may begin using paid leave under the PLAWA 90 days following commencement of their employment. An employee may request to use paid leave under the PLAWA by making an oral or written request to the employee’s supervisor. However, the Company may require an employee to provide written notice after making an oral request for paid leave under PLAWA. If the employee’s use of paid leave under the PLAWA is foreseeable, the employee must provide at least seven (7) calendar days’ notice to the employee’s supervisor before the date the leave is to begin. If the need for paid leave is not foreseeable, the employee must provide notice to the employee’s supervisor as soon as is practicable after the employee is aware of the necessity of the leave.
An employee is not required to provide the Company a reason for the leave taken under the PLAWA, and may not be required to provide documentation or certification as proof or in support of the leave. An employee may choose whether to use paid leave provided under the PLAWA prior to or after using any other leave provided by the employer or applicable state law.

An employee will not be required to search for or locate a replacement worker to cover the employee’s use of paid leave time under the PLAWA. An employee’s use of paid leave under PLAWA is restricted to during the employee’s known or anticipated work schedule.

The Company may deny an employee’s request to use paid leave under the PLAWA in order to meet the Company’s core operational needs for the requested time period, as determined based on the following factors:
(a) whether the Company provides a need or service critical to the health, safety, or welfare of the people of Illinois; and
(b) whether similarly situated employees are treated the same for the purposes of reviewing, approving, and denying paid leave; and
(c)whether granting leave during the particular period would significantly impact the business operations due to the Company’s size; and
(d) whether the employee has adequate opportunity to use all paid leave time they are entitled to over a 12-month period.

If the Company denies an employee’s request to use paid leave under the PLAWA, the Company will provide a record of the request and reason for the denial.

Limitation on Use and Carry Over
An eligible employee is not entitled to use more than 40 hours of paid leave under the PLAWA in any calendar year. An employee may use paid leave in increments of at least two hours per day, unless the employee’s scheduled workday is less than two hours. Paid leave under the PLAWA may only be used during the employee’s regular workweek.

Employees will carry over all accrued but unused PLAWA paid leave to the next calendar year. However, employees may only use up to 40 hours of PLAWA paid leave in any calendar year.

Effect of Separation
Accrued but unused PLAWA paid leave will not be paid out on separation of employment and will be forfeited.

Benefits
Employees will be paid their hourly rate of pay (or the hourly equivalent of their annualized salary) when taking paid leave time under PLAWA. Employees who work in an occupation where gratuities are customarily the form of payment, and the Company applies a tip credit, will be paid at least the full minimum wage or the agreed upon base hourly wage rate, whichever is higher, for all paid leave hours.

During any period an employee takes leave under PLAWA, the Company will maintain coverage for the employee and any family member under any group health plan for the duration of such leave at no less than the level and conditions of coverage that would have been provided if the employee had not taken the leave. However, the employee is still responsible for paying the employee’s share of the cost of the health care coverage, if any, during such leave.

The Company prohibits discrimination or retaliation against employees who exercise their rights under PLAWA. Employees who have questions regarding PLAWA or this policy, should contact Human Resources.

An employee may file a complaint with the Illinois Department of Labor alleging a violation of this Act by filling out a complaint form at labor.illinois.gov/paidleave.

For all employees working for the Company in the City of Chicago, Illinois, the following provisions shall supersede any contrary policy or language set forth in the handbook.

Chicago Fair Workweek
Employees covered by the Chicago Fair Workweek Ordinance will be given fourteen (14) days’ notice of work schedules and provided certain rights in the event of changes to schedules. Please see the separately disseminated Chicago Fair Workweek Notice for further information, and contact your supervisor with any questions regarding scheduling.

Chicago Paid Leave and Paid Sick and Safe Leave

Definitions

The following definitions apply to this policy:

“PL” means Paid Leave under the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance.“PSL” means Paid Sick Leave under the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance.

“Covered Employee” means an employee who works at least 80 hours for the Company within any 120-day period while physically present within the geographic boundaries of the City of Chicago.

“Benefit Year” means the period beginning on January 1st and ending on December 31st.

Accrual of PL and PSL
Effective July 1, 2024 or the first calendar day of the Covered Employee’s employment, whichever is later, a Covered Employee will begin accruing one (1) hour of PL and one (1) hour of PSL for every 35 hours worked, up to a maximum cap of 40 hours of PL and 40 hours of PSL accrued per Benefit Year. Only hours worked while physically located within the geographical boundaries of the City of Chicago count toward accrual.

A Covered Employee who is exempt from the overtime requirements shall be assumed to work 40 hours in each week for purposes of accruing PL and PSL, unless their normal work week is less than 40 hours, in which case paid leave accrues based on their normal work week.

Use of PL and Notice Requirements
• Beginning Use: A Covered Employee may use accrued PL beginning on the 90th calendar day following the commencement of employment.
• Increments of Leave: A Covered Employee may use PL in minimum increments of four (4) hours, unless the Covered Employee’s scheduled workday is less than four (4) hours, then the minimum increment shall not exceed the Covered Employee’s regularly scheduled workday.
• Reasons for Use: A Covered Employee may use PL for any reason of the Covered Employee’s choosing. The Company may not require a Covered Employee to provide a reason for such leave and may not require them to provide documentation or certification as proof or in support of the leave.
• Advance Notice of Use of PL: To maintain continuity in operations, a Covered Employee who would like to use PL is required to submit a written request to their supervisor at least seven (7) days before using such leave.
• Following receipt of the written request, the Company will consider relevant factors in determining whether to grant or deny the request, such as:
(a) whether granting PL during a particular time-period would significantly impact business operations;
(b) whether the Company provides a need or service critical to the health, safety, or welfare of the people of Chicago;
(c) whether similarly situated employees are treated the same for the purposes of reviewing, approving, and denying PL; and
(d) whether the Covered Employee has meaningful access to use all PL time the Covered Employee is entitled to over the established Benefit Year.
• If the Company denies the request for PL, the Company will provide the reason in writing and state the pre-established policy rationale for the denial.

Use of PSL and Notice Requirements
• Beginning Use: A Covered Employee may use accrued PSL beginning on the 30th calendar day following the commencement of employment.
• Increments of Leave: A Covered Employee may use PSL in minimum increments of two (2) hours, unless the Covered Employee’s scheduled workday is less than two (2) hours, then the minimum increment shall not exceed the Covered Employee’s regularly scheduled workday.
• Reasons for Use: A Covered Employee may use PSL when:
(A) the Covered Employee is ill or injured, or for the purpose of receiving professional care, including preventive care, diagnosis, or treatment, for medical, mental, or behavioral issues, including substance use disorders;
(B) a Covered Employee’s family member is ill, injured, or ordered to quarantine, or to care for a family member receiving professional care, including preventive care, diagnosis, or treatment, for medical, mental, or behavioral issues, including substance use disorders;
(C) the Covered Employee, or a Covered Employee’s family member, is the victim of domestic violence, a sex offense, or trafficking in persons; or
(D) the Covered Employee’s place of business is closed by order of a public official due to a public health emergency, or the Covered Employee needs to care for a family member whose school, class, or place of care has been closed; and/or
(E) a Covered Employee obeys an order issued by the Mayor, the Governor of Illinois, the Chicago Department of Public Health, or a treating healthcare provider, requiring the Covered Employee to:(i) stay at home to minimize the transmission of a communicable disease; (ii) remain at home while experiencing symptoms or sick with a communicable disease; (iii) obey a quarantine order issued to the Covered Employee; and/or (iv) obey an isolation order issued to the Covered Employee.

The Company may take disciplinary action, up to and including termination, against a Covered Employee who uses PSL for purposes other than those provided under the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance.

• Notice of Use of PSL: If a Covered Employee’s need for PSL is reasonably foreseeable, the Covered Employee must notify their supervisor in writing at least seven (7) days before leave is taken. Needs that are “reasonably foreseeable” include, but are not limited to, prescheduled appointments with health care providers for the Covered Employee or for a family member, and court dates in domestic violence cases.

If the need for PSL is not reasonably foreseeable, the Covered Employee must give notice to their supervisor as soon as is practicable on the day the Covered Employee intends to take PSL by notifying their supervisor by telephone, e-mail, or other means.

Any notice requirement shall be waived in the event a Covered Employee is unable to give notice because the Covered Employee is unconscious, or otherwise medically incapacitated.

Documentation Required: If a Covered Employee is absent for more than three consecutive workdays that the Covered Employee is scheduled to work, the Company may require the Covered Employee to provide certification for use of additional PSL exceeding three consecutive workdays. In such instance, a Covered Employee is required to submit the required certification as soon as reasonably practicable.

For PSL used for reasons (A) or (B) above, documentation signed by a licensed health care provider shall satisfy this requirement. For PSL used for reason (C) above, a police report, court document, a signed statement from an attorney, a member of the clergy, or a victim services advocate, or any other evidence that supports the Covered Employee’s claim, including a written statement from the Covered Employee or any other person who has knowledge of the circumstances, shall satisfy this requirement. The Covered Employee may choose which document to submit, and no more than one document shall be required if the PSL is related to the same incident of violence or the same perpetrator. The Company will not require such documentation or require that such documentation specify the reason for the Covered Employee using PSL before receiving notice that a Covered Employee will be absent for a third consecutive day, except as required by law.

Rules Applicable to Both Use of PL and PSL

A Covered Employee may only use PL or PSL during the Covered Employee’s regular work week.

Unless obligated by a city, state, or federal law, a Covered Employee may choose whether to use PL or PSL prior to using any other leave provided by the Company or by city, state, or federal law.

A Covered Employee will not be required to search for or locate a replacement worker to cover the hours during which the Covered Employee is on leave.

A Covered Employee is not allowed to use PL or PSL when the Covered Employee has been suspended or otherwise placed on leave for disciplinary reasons.

The Company will not delay PL or PSL leave, nor delay payment of wages, on the basis that the Company has not yet received the required certification.

Benefits During Leave

During any period a Covered Employee takes PL or PSL leave, the Company will maintain coverage for the Covered Employee and any family member under any group health plan for the duration of such leave at no less than the level and conditions of coverage that would have been provided if the Covered Employee had not taken the leave. However, the employee is still responsible for paying the employee’s share of the cost of the health care coverage, if any, during such leave.

Carryover

At the end of the Benefit Year, a Covered Employee shall be allowed to carry over up to 16 hours of PL and 80 hours of PSL to the following Benefit Year. Any remaining unused, accrued PL or PSL not carried over shall be forfeited and will not be paid out.

Payout of PL and Forfeiture of PSL Upon Separation

Upon a Covered Employee’s termination, resignation, retirement, or other separation from employment, or whenever a Covered Employee ceases to meet the definition of Covered Employee as a result of transferal outside of the geographic boundaries of the City of Chicago to be considered a Covered Employee, the Company will pay the monetary equivalent of all unused, accrued PL as part of the Covered Employee’s final compensation at the Covered Employee’s final rate of pay.

Upon a Covered Employee’s termination, resignation, retirement, or other separation from employment, the Company is not required to provide financial or other reimbursement for unused, accrued PSL and any unused PSL will be forfeited.

Chicago Sexual Harassment Policy

Purpose

The Company has a strict zero tolerance policy against all forms of sexual harassment. This policy was created as part of our commitment to a safer and more supportive workplace to prevent and reduce sexual harassment. Anyone can be a victim of sexual harassment regardless of their gender, gender identity, sexual orientation, race, age, or other factors. It can occur inside or outside the workplace, between supervisors and their staff, coworkers, customers, and others. Therefore, the Company will take every measure within its power to prevent and address acts of sexual harassment.

The purposes and goals of this policy are to:

Provide notice to all employees that sexual harassment will not be tolerated, and that violators will be held accountable;

Create and enforce policies and procedures to assist employees who are impacted by sexual harassment, including providing training on this policy for employees and management;

Support a thorough workplace education and training program to prevent sexual harassment and promote a safe workplace for all employees;

Provide immediate assistance and support to victims of sexual harassment – such as information and referrals to community resources – to help ensure safety and support for victims and fellow employees.

Sexual Harassment

Sexual harassment can occur in many ways. It may involve unwelcome romantic or sexual advances, requests for sexual favors, visual materials, social media posts, verbal comments, and/or physical contact of a sexual nature, regardless of gender or gender identity. Involved parties, either victim or harasser, could be a co-worker, subordinate, manager/supervisor, contractor, or even a customer.

Such conduct is a violation of this policy, even in instances where the offending employee believed they were acting jokingly. Such communications, comments, actions of a sexual nature, or unwelcome advances are prohibited by the Company whether or not other employees were offended.

The most obvious examples of sexual harassment involve physical behavior or physical contact. The following is a non-exhaustive list of physical behaviors that may be considered offensive:

• Touching an individual by massaging their back, neck or shoulders, hugging, kissing, patting, pinching, fondling, or touching/pulling an individual’s clothing or hair.
• Physical gestures that imply a sexual act or sexual anatomy, touching oneself in a sexual manner.
• Brushing up against another person, standing too close, or lingering. However, sexually harassing behavior does not always involve physical contact.

The following is a non-exhaustive list of examples of verbal and non-verbal/visual behavior that may be considered offensive:

• Suggestive behavior such as “elevator eyes” (looking a person up and down), leering, staring, sexual gestures, whistling, catcalls, winking, throwing kisses, making kissing sounds, howling, groaning, or smacking/licking lips.
• Sexual comments or innuendoes about clothing, anatomy, appearance, or sexual jokes or stories, or playing or singing sexually suggestive songs.
• Discussions or inquiries about sexual fantasy, preferences, history, or sex life about self or others.
• Displaying pictures, objects, reading materials, or other materials that are sexually suggestive or demeaning. This includes any sexual materials on personal devices including a smart phone or tablet, or company-owned computers or devices shared in the workplace.
• Repeated invitations and/or pressuring/coercion for dates or sexual favors; harassing phone calls, emails, texts, social media posts, or other communication.
• Giving personal gifts that imply an intimate relationship.
• Sending sexually suggestive communications (such as e-mails, texts, instant messages, notes, etc.); displaying or transmitting suggestive visual materials (such as pictures, calendars, and posters).
• Stalking, following, or blocking an individual’s path.

In addition, it is a violation of this policy, and the law, for any employee to ever state, imply, or suggest that dating or engaging in sexual conduct with another employee could result in a workplace benefit such as a promotion, a raise, or better terms and conditions of employment – or that a refusal to date or engage in sexual conduct will negatively affect a person’s career or conditions of employment.

Finally, employees should understand that sexual harassment can occur in the workplace which includes but is not limited to the Company’s facilities, work sites, vehicles, and equipment, or while on work-related travel. However, sexual harassment can also occur outside of the workplace and even outside of work hours, such as at a social event (including but not limited to a co-worker’s wedding, or at a bar or restaurant after the workday).

Persons Covered by this Policy

Persons covered by this policy include full and part-time employees, interns, contractors, vendors, volunteers, or temporary workers hired by the Company.

Reporting Sexual Harassment

Internal Complaint Procedures

Employees should report allegations of sexual harassment, to a designated employee (which may include a supervisor, any manager, or member of Human Resources) as soon as reasonably possible after the conduct occurs to help ensure an effective investigation. The Company investigates any incident of sexual harassment reported under this policy. Accordingly, it is imperative that employees give the Company the opportunity to investigate and resolve any reported concerns. The Company will promptly undertake or direct an effective, thorough, and objective investigation of the complaint.

If the Company determines that an employee has engaged in conduct in violation of this policy, the Company shall take prompt, remedial action commensurate with the circumstance, up to and including termination of employment, against those who engaged in violations of this policy. The Company’s designated employee shall provide community referrals and resources to employees to assist employees with their concerns or experiences regarding sexual harassment.

Duty to Cooperate

Every employee shall have a duty to cooperate with the investigation. Failure to do so may result in disciplinary action. Additionally, every employee has the duty to be truthful and must disclose all information known to the employee when requested to do so by an appropriate person in the organization or the person designated by the organization to investigate an alleged incident of violence. Any employee who fails to be completely truthful or who withholds information shall be subject to disciplinary action.

Retaliation

The Company prohibits any retaliation against any employee who complains of sexual harassment or who participates in an investigation. Retaliation includes, but is not limited to, taking disciplinary action against the employee, reassigning their duties or workspace, denying requests for leave, demotions, etc. Allegations of retaliation will be investigated, and appropriate remedial action will be taken. Any individual engaging in retaliatory behavior will be subject to disciplinary action, which may include termination of employment. For any suspected retaliation concerns, contact a supervisor, any manager, or Human Resources.

The Company will not retaliate against a victim of sexual harassment for requesting leave or a reasonable accommodation (see Section IV (G)), regardless of whether the request was granted.

Witnessing Sexual Harassment

In addition to having a duty to cooperate with an investigation of sexual harassment, employees who have information about or who witness an act of sexual harassment against an employee, are required to report all information to the designated employee by the Company.

The Company will not retaliate against, terminate, or discipline any employee for reporting information about alleged incidents of sexual harassment, as defined in this policy that may have been committed by any other employee, including a member of management. Any employee who believes they have been subjected to adverse action as a result of making a report pursuant to this policy should contact Human Resources. See Section IV(C) regarding reporting of violations of this policy.

Investigation Procedures

If the Company receives information that alleges or suggests that an employee has committed an act of sexual harassment, then the matter shall be referred to Human Resources for the purpose of investigating the information or allegation. The Company shall conduct an immediate investigation of the information or allegation as soon as reasonably possible.

At the conclusion of the investigation conducted by the Company, the investigator will report their findings to the designated official. If the investigator concludes that there is significant evidence that the employee has engaged in sexual harassment, as defined in this policy, then that employee shall be subject to disciplinary action up to and including termination. The employee might also be required to participate in counseling or other remedial measures.

An employee from Human Resources will provide written notice to the employee who filed the complaint and the accused employee informing them of the outcome of the investigation. The notification will not include the recommended discipline in cases where a violation of this policy was found.

Statement of Confidentiality

The Company recognizes and respects an employee’s right to privacy and the need for confidentiality and the freedom to make their own decisions. The Company shall maintain the confidentiality of an employee’s disclosure regarding sexual harassment to the extent allowed by law, and unless to do so would result in physical harm to any person, and/or jeopardize safety within the workplace. When information must be disclosed to protect the safety of individuals within the workplace, the Company shall limit what information is disclosed as necessary to protect the safety of the disclosing employee and others, and to comply with the law.

The Company shall provide advance notice to the employee who disclosed information, to the extent possible, if the disclosure must be shared with other parties in order to maintain safety in the workplace or elsewhere. The Company shall also provide the employee with the name and title of the person to whom the Company intends to share the employee’s statements and shall explain why the information must be disclosed.

Leave Requests

The Company recognizes that victims of sexual harassment may need time off to obtain or attempt to obtain a protection or restraining order or any other legal assistance to help ensure their health, and safety. The Company will work in collaboration with the employee to provide reasonable and flexible leave options when an employee is a victim of sexual harassment.

The Company will work with employee to provide paid leave first before requiring an employee to utilize unpaid leave. An employee must provide reasonable advance notice to the employer of the need to take time off unless advance notice is not feasible. To request leave, employee should contact Human Resources. The Company will maintain the confidentiality of a person who requests leave under this policy, to the extent allowed by law.

The Company will also provide reasonable accommodations for a victim of sexual harassment who requests an accommodation for the safety of the victim or to maintain their work performance while at work. Reasonable accommodations may include the implementation of safety measures, including a transfer, reassignment, modified schedule, changed work telephone, changed workstation, installed lock, assistance in documenting the sexual harassment that occurs in the workplace, an implemented safety procedure, another adjustment to a job structure, workplace facility, or work requirement in response to the sexual harassment, or referral to a sexual harassment counseling service.

The Company will assist an employee to enforce his or her protection order, if applicable.

Additional Resources for Filing Sexual Harassment Complaints

In addition to internal the Company reporting methods, employees have the right to file charges of sexual harassment with the government agencies listed below. All external charges of discrimination in which the Company is identified as a Respondent, should be immediately directed to Human Resources.

Chicago Commission on Human Relations
740 N. Sedgwick, 4th Floor
Chicago, IL 60654
312-744-4111
[email protected]

U.S. Equal Employment Opportunity Commission (EEOC)
Chicago District Office
230 South Dearborn St., Suite 1866
Chicago, Illinois 60604
321-872-9744
866-740-3953 (TTY)
https://publicportal.eeoc.gov/Portal/Login.aspx

Illinois Department of Human Rights
555 W. Monroe Street, Suite 700
Chicago, IL 60601
312-814-6200
312-740-3953 (TTY)