EMPLOYEE HANDBOOK The content of this Employee Handbook is property of The Muffin Mam, Inc. (Muffin Mam). All content included is proprietary and confidential and intended for the employees of Muffin Mam only. It is strictly forbidden to share or distribute any part of this handbook with any third party without written consent of Muffin Mam. Š 2019 The Muffin Mam, Inc. All rights reserved.
TABLE OF CONTENTS INTRODUCTION ................................................................................................................................ 5 FORWARD ........................................................................................................................................ 5
WHAT YOU CAN EXPECT FROM
Muffin Mam
HUMAN RIGHTS POLICY ................................................................................................................... 6 EQUAL EMPLOYMENT POLICY .......................................................................................................... 6 IMMIGRATION LAW COMPLIANCE ..................................................................................................... 6 BACKGROUND CHECKS ................................................................................................................... 7 AT-WILL EMPLOYMENT ..................................................................................................................... 7 ANTI-HARASSMENT POLICY ............................................................................................................. 7 OTHER TYPES OF HARASSMENT ..................................................................................................... 8 VIOLENCE IN THE WORKPLACE ........................................................................................................ 8 GENETIC INFORMATION NON-DISCRIMINATION ACT (GINA) ............................................................. 9 INTRODUCTORY PERIOD ................................................................................................................ 10 EMPLOYMENT CLASSIFICATIONS ................................................................................................... 10 EMPLOYMENT OF MINORS ............................................................................................................. 11 HOURS OF WORK ........................................................................................................................... 11 EMPLOYEE TERMINATION .............................................................................................................. 13 SHIFT BREAKS ............................................................................................................................... 14 MEAL PERIODS............................................................................................................................... 14 TIMEKEEPING ................................................................................................................................. 14 PAY DEDUCTIONS .......................................................................................................................... 15 ADVANCES AND LOANS.................................................................................................................. 15 PAYDAYS ....................................................................................................................................... 15 NON-EXEMPT EMPLOYEES............................................................................................................. 15 EXEMPT EMPLOYEES ..................................................................................................................... 16 EMPLOYEE PERSONNEL RECORDS ............................................................................................... 16 ADA/ADAAA POLICY ........................................................................................................................ 17
WHAT
Muffin Mam YOU EXPECTS OF YOU
EMPLOYEE DRESS CODE ............................................................................................................... 18 FIT FOR WORK POLICY ................................................................................................................... 18 CHEMICAL ABUSE/ADDICTION ASSISTANCE................................................................................... 19 CONFIDENTIALITY .......................................................................................................................... 20 SHARED RESPONSIBILITY .............................................................................................................. 20 CORRECTIVE ACTION PROCEDURE ............................................................................................... 20 CODE OF PERSONAL CONDUCT ..................................................................................................... 21 COMPLAINT PROCEDURE............................................................................................................... 22 ACCIDENT PREVENTION ................................................................................................................ 23 2
SANITATION REQUIREMENTS: GOOD MANUFACTURING AND SANITATION PRACTICES ................ 24 SAFETY AND LOSS PREVENTION ................................................................................................... 25 EVACUATION PROCEDURES .......................................................................................................... 26 ON-SITE EMERGENCY, ILLNESS, OR INJURY .................................................................................. 27 WORKERS COMPENSATION INSURANCE ....................................................................................... 28 SMOKING AREA .............................................................................................................................. 28 ENVIRONMENTAL RESPONSIBILITY ................................................................................................ 28 VISITORS IN THE WORKPLACE ....................................................................................................... 28 CHANGES TO PERSONAL/CONTACT INFORMATION ....................................................................... 29 SOLICITATION AND/OR DISTRIBUTION OF LITERATURE ................................................................. 29 BULLETIN BOARDS ......................................................................................................................... 29 TELEPHONE POLICY....................................................................................................................... 30 INTERNET AND EMAIL POLICY ........................................................................................................ 30 SOCIAL MEDIA POLICY ................................................................................................................... 32 RETALIATION.................................................................................................................................. 33 MEDIA REPRESENTATION .............................................................................................................. 35 SECURITY ...................................................................................................................................... 35 PERSONAL PROPERTY ................................................................................................................... 35 OUTSIDE EMPLOYMENT ................................................................................................................. 36 WHISTLEBLOWER POLICY .............................................................................................................. 36
Muffin Mam
BENEFITS
ELIGIBILITY FOR BENEFITS ............................................................................................................ 38 MEDICAL INSURANCE ..................................................................................................................... 38 DENTAL INSURANCE ...................................................................................................................... 38 LIFE INSURANCE ............................................................................................................................ 38 PROFIT SHARING BENEFIT ............................................................................................................. 38 CONTINUATION OF BENEFITS ........................................................................................................ 39 PERSONAL TIME OFF (PTO) ............................................................................................................ 39 ELIGIBILITY..................................................................................................................................... 40 SICK DAYS ..................................................................................................................................... 40 COMPANY HOLIDAYS ..................................................................................................................... 41 JURY DUTY..................................................................................................................................... 42 BEREAVEMENT .............................................................................................................................. 42 INTERACTION WITH LEAVE LAWS................................................................................................... 42 FAMILY AND MEDICAL LEAVE ACT (FMLA) ...................................................................................... 42 MATERNITY LEAVE ......................................................................................................................... 47 MILITARY LEAVE ............................................................................................................................. 48 BENEVOLENCE FUND POLICY ........................................................................................................ 49 HUMAN RESOURCE FORMS ........................................................................................................... 49
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Welcome to Muffin Mam! Our associates are the most important part of our company. Each person directly contributes to the success and/or failures of this company. As a team, we can create opportunities and earn rewards through our own efforts. By performing to the best of your ability, and encouraging those around you to do the same, we take responsibility for our own destiny. Together we can create opportunities and build a strong future for everyone willing to do the same. This employee handbook will help familiarize you with company policies and procedures. It provides valuable information beneficial to you-especially at the beginning of your employment. Please read this booklet carefully, and do not hesitate to ask your supervisor if you have any questions. Once again, welcome to Muffin Mam! Sincerely,
Dewey Armstrong Chief Executive Officer
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INTRODUCTION The Muffin Mam Employee Handbook is a source of information about payroll, benefits, company procedures, rules, and policies, as well as employee privileges. This handbook is not a legal document, nor is it a contract for employment. This handbook is for your information, for you to clearly understand what we expect from you, as an employee, and what you can expect from us, as a company. Muffin Mam will do its very best to recognize all rights and privileges extended in this handbook, unless doing so would impair Company operations or expose the Company to legal liability or financial loss. The Muffin Mam Employee Handbook cannot anticipate every situation that may arise, and it is not intended to be all-inclusive. Muffin Mam reserves the right to modify or eliminate any policy or procedure in this handbook, with or without notice, at any time.
FORWARD We believe in keeping Muffin Mam employees fully informed about Company policies, procedures, practices, and benefits. The following information outlines our Company’s expectations and the obligations you assume as an employee of Muffin Mam. This handbook is designed to familiarize you with Muffin Mam and to provide you with information about working conditions, employee benefits, and some of the policies affecting your employment. This handbook describes many of your responsibilities as an employee and outlines the programs developed by Muffin Mam to benefit all team members. The Company aims to provide a work environment that is conducive to both personal and professional growth. It is your responsibility to read, understand, and comply with all provisions of this handbook. Muffin Mam is a company that will change rapidly, as our business and industry evolve. The Company reserves full discretion to add, modify, or delete provisions of this handbook at any time, with or without notice. Employees may check with their supervisor at any time to obtain current information regarding the status of any policy, procedure, or practice. Please know that this handbook will always be updated in accordance to policy and law. Descriptions of various benefits such as group health insurances, life insurance, and personal time off are summaries only. Should the descriptions in the handbook differ from any formal agreement between you and the Company, the formal agreement or document shall be controlling. The Muffin Mam Employee Handbook and summaries described herein replace and supersede all prior written and unwritten policies, procedures, and practices of The Muffin Mam, Inc.
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[[ WHAT YOU CAN EXPECT FROM
Muffin Mam
[[
HUMAN RIGHTS POLICY Muffin Mam acknowledges and respects the principles contained in the United Nation’s Universal Declaration of Human Rights. Muffin Mam’s Human Rights Policy reflects the Company’s commitment to conduct its business in a manner consistent with these principles, and to respect human rights within the Company’s sphere of influence. Muffin Mam demonstrates global leadership in responsible workplace practices, and desires to conduct its business operations in a manner that respects human rights. The Company’s core values and culture embody a commitment to ethical business practices and good corporate citizenship.
EQUAL EMPLOYMENT POLICY In order to provide equal employment and advancement opportunities to all individuals, employment decisions at Muffin Mam will be based on merit, qualifications, and abilities. Muffin Mam does not unlawfully discriminate in employment opportunities or practices based on race, color, religion, sex, national origin, age, disability, gender, pregnancy, military, or veteran status, or any other characteristic protected by law. Any employee with Muffin Mam who has any concern about any type of discrimination in the workplace is encouraged to bring the issue(s) to the attention of his/her supervisor or any member of the Company’s management. Employees can raise concerns and make reports without fear of reprisal. Muffin Mam takes allegations of discrimination, intimidation, harassment, and retaliation very seriously and will promptly investigate when warranted. Equal employment opportunity includes, but is not limited to, employment, training, promotion, demotion, transfer, leave of absence, and termination. Anyone found to be engaging in any type of unlawful discrimination will be disciplined, up to and including termination.
IMMIGRATION LAW COMPLIANCE Muffin Mam is committed to employing only United States citizens and non-citizens who are authorized to work in the United States. Muffin Mam does not unlawfully discriminate against anyone based on citizenship or national origin. In compliance with the Immigration Reform and Control Act of 1986, each new employee, as a condition of employment, must complete Form I-9, Employment Eligibility Verification Form and present acceptable documentation (as defined on that document) establishing identity and employment eligibility.
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BACKGROUND CHECKS All potential job candidates must complete an employment application form before being considered for hire. All candidates also receive job-related background checks as part of a contingency of employment. Before offers of employment are made, all applicants are thoroughly interviewed by supervisors and other management capable of judging their ability to perform the duties and responsibilities. The background check may consist of prior employment verification, professional reference checks, education confirmation, criminal background, and/or credit checks, as permitted by law. Third-party services may be hired to perform these checks. References are carefully checked. All offers of employment and continued employment are contingent upon satisfactory background checks.
AT-WILL EMPLOYMENT Muffin Mam sincerely hopes that each person’s employment here will be a rewarding experience. However, we recognize that circumstances change with time and some employees may choose to leave the company. In other situations, an employee may not fulfill the operational needs of the Company or changed circumstances may reduce available employment opportunities, resulting in involuntary termination. Employees are not hired for any definite or specified period of time, even though employee wages are paid regularly. Employees are at-will with the Company and their employment can be terminated at any time, with or without cause and with or without prior notice. Company policy requires all employees to be hired at-will and this policy cannot be changed by any verbal modifications. There is no implied employment contract created by this handbook, or any other Company document, written or verbal statement, or policy.
ANTI-HARASSMENT POLICY Muffin Mam will not tolerate harassment based on race, sex, religion, national origin, age, or disability, or harassment based on opposition to discrimination or participation in complaint proceedings. Additionally, the Company will not tolerate retaliation against anyone who complains of harassment, or who participates in an investigation. Applicable federal and state law defines sexual harassment as unwanted sexual advances, requests for sexual favors, or visual, verbal, or physical conduct of a sexual nature when: (1) submission of the conduct is made a term or condition of employment; (2) submission to or rejection of the conduct is used as a basis for employment decisions affecting the individual; (3) the conduct has the purpose or effect of unreasonably interfering with the employees work performance or creating an intimidating, hostile or offensive working environment. The following list contains examples of prohibited conduct.
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They include, but are not limited to: ●
Any form of touching (including pinching or patting), propositions, or unwanted advances of a sexual nature
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Sounds with insulting or sexual connotations
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Comments about a person’s body or body parts
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Repeated comments of sexual or flirtatious nature
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Sexually explicit jokes or jokes that degrade men or women
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Leering or making sexual gestures
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Sexually suggestive cartoons, pinups, displays, or objects
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Calendars or pictures of nude or semi-nude men or women
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Continuous insults directed against only men or only women
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Comments for promising benefits for sexual favors
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Making or threatening reprisals after a negative response to sexual advances
Sexual harassment on the job is unlawful whether it involves coworker harassment, harassment by a manager, or harassment by persons doing business with or for Muffin Mam, such as clients, customers or vendors.
OTHER TYPES OF HARASSMENT Prohibited harassment based on race, color, religion, national origin, ancestry, physical or mental disability, veteran status, age, or any other basis protected under local, state or federal law, includes behavior like sexual harassment, such as: ●
Verbal conduct such as threats, epithets, derogatory comments, or slurs
●
Visual conduct such as derogatory posters, photographs, cartoons, drawings, or gestures
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Physical conduct such as assault, unwanted touching, or blocking normal movement
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Retaliation for reporting harassment or threatening to report harassment
VIOLENCE IN THE WORKPLACE It is the intent of Muffin Mam to provide a safe workplace for employees and to provide a comfortable and secure atmosphere for customers and others with whom the Company does business. Muffin Mam has zero tolerance for violent acts or threats of violence. All employees, customers, vendors, and business associates must always be treated with courtesy and respect. Employees are expected to refrain from conduct that may be dangerous to others.
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Conduct that threatens, intimidates or coerces another employee, customer, vendor, or business associate will not be tolerated. Muffin Mam resources may not be used to threaten, stalk, or harass anyone in or out of the workplace. Muffin Mam treats threats coming from an abusive personal relationship the same as it does other forms of violence. Indirect or direct threats of violence, incidents of actual violence, and suspicious individuals or activities should be reported as soon as possible to a supervisor, member of senior management, or Human Resources. When reporting a threat or incident of violence, the employee should be as specific and detailed as possible. Employees should not place themselves in peril, nor should they attempt to intercede during an incident. Employees should promptly inform the Human Resource Department of any protective or restraining order that they have obtained that lists the workplace as a protected area. Employees are encouraged to report safety concerns regarding intimate partner violence. Muffin Mam will not retaliate against employees making good-faith reports. Muffin Mam is committed to supporting victims of intimate partner violence by providing referral to Muffin Mam Employee Assistance program (EAP) and community resources and providing time off for reasons related to intimate partner violence. Muffin Mam will promptly and thoroughly investigate all reports of threats of violence, incidents of actual violence, and suspicious individuals or activities. The identity of the individual making a report will be protected as much as possible. As mentioned before, Muffin Mam will not retaliate against employees making good-faith reports of violence, threats or suspicious individuals or activities. In order to maintain workplace safety and the integrity of any investigation, Muffin Mam may suspend employees suspected of workplace violence or threats of violence, either with or without pay, pending an investigation. Anyone found to be responsible for threats of violence, actual violence, or other conduct that is in violation of these guidelines will be subject to prompt disciplinary action, up to and including termination of employment. Muffin Mam encourages employees to bring their disputes to the attention of their supervisors or Human Resources before the situation escalates. Muffin Mam will not discipline employees for raising such concerns.
GENETIC INFORMATION NON-DISCRIMINATION ACT (GINA) The Company respects the privacy of all employees regarding their genetic information, and the Company enforces a strict policy of nondiscrimination based on genetic information. The Company will never discriminate, harass, or retaliate based on genetic information when it comes to any aspect of employment. Additionally, the Company will never use genetic information to make an employment decision. According to the Equal Employment Opportunity Commission, genetic information includes information about an individual’s genetic tests and the genetic tests of an individual’s family members, as well as information about any disease, disorder, or condition of an individual’s family members (i.e., an individual’s family medical history). Family medical history is included in the definition of genetic information because it is often used to determine whether someone has an increased risk of getting a disease, disorder, or condition in the future.
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If you believe that you have witnessed or been subject to any form of discrimination, you should contact a member of senior management or the Human Resources Department. All claims of perceived discrimination will be subject to prompt and thorough investigation process. Any person, regardless of position or title who has engaged in discrimination, will be subject to discipline, up to and including possible termination.
INTRODUCTORY PERIOD All new employees will work on an introductory basis for the first 90 calendar days after their date of hire. This introductory period is intended to give new employees the opportunity to demonstrate their ability to achieve a satisfactory level of performance and to determine whether the new position meets their expectations. Muffin Mam uses this period to evaluate the employee’s capabilities, work habits, and overall performance. Either the employee or Muffin Mam may end the employment relationship atwill at any time during or after the introductory period, with or without cause or advance notice. During the introductory period, new employees are eligible for those benefits that are required by law, such as Workers’ Compensation Insurance and Social Security. On the first of the month after completion on the 30 days, regular employees are eligible for health insurance. They may also be eligible for other Muffin Mam provided benefits, subject to the terms and conditions of each benefit program. Employees should read and understand the information for each specific benefits program for the details on eligibility requirements. Completion of the introductory period does not guarantee continued employment for any specified period, nor does it require that an employee be discharged only for cause. Completion of the introductory period also does not imply that employees now have a contract of employment with the Company, other than at-will. Successful completion of the introductory period does not alter the at-will employment relationship. A former employee who has been rehired after a separation from the Company of more than one year is considered an introductory employee during their first 90 days following rehire.
EMPLOYMENT CLASSIFICATIONS It is the intent of Muffin Mam to clarify the definitions of employment classifications, so all employees understand their employment status and benefit eligibility. These classifications do not guarantee employment or employment for any specified period of time. Accordingly, the right to terminate the employment relationship at-will at any time is retained by both the employee and the Company. Muffin Mam has established the following employee classifications for compensation and benefit purposes only. An employee’s supervisor or manager will inform the employee of his/her classification, status, and responsibilities at the time of hire, rehire, promotion, or at any time a change in status occurs. The classifications do not alter the employment at-will status.
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EXEMPT Employees whose positions meet specific tests established by the Fair Labor Standards Act (FLSA) and applicable state law and who are exempt from overtime pay requirements. The basic premise of exempt status is that the exempt employee is to work the hours required to meet their work responsibilities. NON-EXEMPT Employees whose positions do not meet FLSA and state exemption tests and who are paid a multiple of their regular rate of pay for overtime hours worked. Unless notified otherwise in writing by management, all employees of the Company are non-exempt.
EMPLOYMENT OF MINORS The following provisions apply with respect to Muffin Mam employment age requirements. The Company will fully comply with the Child Labor provisions of the Fair Labor Standards Act (FLSA) and applicable state statutes that govern the employment of minors. Because Muffin Mam is a manufacturer, it is the Company’s policy to discourage the employment of individuals younger than age 18.
HOURS OF WORK Current Wage and Hour Laws state that the workweek must be a consistent period of seven consecutive days and must be stated in writing. The work schedule for Muffin Mam is determined by the type of products being produced, our customer’s orders for those products, and current market conditions. This may require your shift to work on Saturday, Sunday, or possibly a holiday. Your supervisor will keep you informed of your work schedule. When notified of a change in their work schedule, all employees are expected to work as required. Failure to report for work may result in disciplinary action, up to and including termination. Hours of shifts may change to accommodate business needs. Late arrivals, absences, outside work or meetings other than your normal work location must be reported to your supervisor in as much in advance as possible. There can be variations from your normal work schedule, based on staffing requirements. Overtime in this business is quite common and should be expected. Employees are expected to be regular in attendance and to report to work on time. Variances from a normal workweek may be necessary on occasion, primarily resulting from the volume of work. Hours of operation often vary based on business needs, and employees are expected to be available for work when required. When emergencies, illness, or inclement weather necessitate unexpected absence from work, the employee has a responsibility to notify his/her supervisor directly prior to shift start.
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As a Muffin Mam employee, your attendance is important to the operation of the company. Muffin Mam abides by and attendance point system. OBJECTIVE Regular attendance and punctuality by all team members is important to maintain high levels of productivity and achieve company standards and department goals. However, we recognize that employees occasionally become ill, need to miss work, or are unavoidably late. ATTENDANCE AND PUNCTUALITY Being considered “tardy” or late for work is arriving for your shift or designated start time of work between 8 minutes and 4 hours after the scheduled start time; being “absent” for work involves missing one or more consecutive schedule workdays for a single reason, or arriving more than four hours after your scheduled start time.
DURATION AFTER START OF WORK
POINTS
EXPLANATION
1-7 minutes
0
Tardy
8 minutes - 4 hours
½
Late
More than 4 hours
1
Absent
DISCIPLINARY ACTION Employees will be subject to disciplinary action when the total points accumulated from any absences and tardiness reaches three or more points in a 6-month period. The Corrective Action Table below includes details of point accruals. If an employee reaches 6 points, the employee will be suspended pending an investigation.
POINTS
CORRECTIVE ACTION
3
Verbal Warning
4
Written Warning
5
DML (Decision Making Leave) (1) Day Off With Pay
6
Suspension with Investigation
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NO-CALL/NO-SHOW All employees must inform their department of tardiness or absences whenever possible. An employee who fails to notify his/her department of any absence in accordance with the department’s policy will be subject to the next step of discipline and could lead to suspension pending an investigation. Employees who are absent for three consecutive days without notifying their department will be presumed to have abandoned/resigned their position and will be separated from employment effective on the third day of absence. CHRONIC TARDINESS OR ABSENCE Employees receiving corrective action under this policy are expected to improve their attendance and punctuality. Employees have the opportunity to work off (1) point every 30 days after going without an attendance infraction. CALL-IN: (864) 962-0616 Employees calling out sick two or more days in a row will need to provide a doctor’s statement or each day above will be recorded as separate events. An Employee Warning Notice Form may be used to record all unexcused absences or tardiness and will become part of the employee’s personnel record. Employees will not be paid for days missed from their job, or for work lost as a result of being late. Excessive absenteeism or excessive tardiness both can count as ½ point and up to 1 point per day and can be grounds for dismissal. Excessive absenteeism can be defined in several ways: ●
Comparison with the average absence/tardiness record of all Muffin Mam employees
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Patterns of periodic unscheduled absences/tardiness; i.e. every Monday, the day prior to or after a holiday, etc.
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One day absence without notification to the Company
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The number or length of absences overwhelms the Company's ability to reasonably get the job done with temporary measures.
EMPLOYEE TERMINATION Upon termination of employment, Muffin Mam may schedule an exit interview. The exit interview will allow the former employee an opportunity to discuss issues such as continuation of employee benefits, conversion privileges, or the return of Company-owned property. Suggestions, complaints, and questions can also be voiced at this time. Since employment with Muffin Mam is based on mutual consent, both the employee and Muffin Mam have the right to terminate employment, with or without cause, at any time. Employee benefits will be affected by employment termination as defined below. All accrued, vested benefits that are due and payable at termination will be paid except, unused sick pay. Accrued, unused personal time off will be paid if an employee resigns in good standing and provides and works a 2-week notice prior to separation of the Company. Some benefits may be continued at the employee’s expense if the employee so chooses. The employee will be notified in writing of the benefits that may be continued, and of the terms, conditions, and limitations of such continuance. 13
Although advance notice is not required, Muffin Mam requests at least two weeks written notice before an employee separates from the Company. However, should it become necessary for the Company to terminate a regular employee’s employment for any reason except for cause (violation of work rules, gross negligence and the like), ample notice will be provided to the extent practicable. The Company strictly prohibits rehiring of employees who were terminated for cause.
SHIFT BREAKS All full-time employees who work an 8-hour shift will receive one (1) 20-minute paid break each workday. Full-time employees working a 10-hour or 12-hour shift will receive (2) 15-minute paid breaks each workday. This is not a meal period. Employees are responsible for following proper timekeeping procedures and for clocking in and out when taking a break. Employees must remain on Company property during shift breaks.
MEAL PERIODS All full-time employees who works an 8-hour shift will receive a 30-minute unpaid meal period each workday. All full-time employees who work a 10-hour or 12-hour shift will receive a 45-minute unpaid meal period each workday. Supervisors will schedule meal periods to accommodate operating requirements. Employees will be relieved of all active responsibilities and restrictions during meal periods and will not be compensated for that time. Employees are responsible for following proper timekeeping procedures and for clocking in and out when taking a meal period.
TIMEKEEPING Federal and state laws require keeping an accurate record of time worked in order to calculate employee pay and benefits. Accurately recording time worked is the responsibility of every non-exempt employee. For clarification, “time worked” is the time actually spent on the job performing assigned duties. Employees are responsible for clocking in on the time clock at the beginning of each shift. Employees, unless otherwise requested by their supervisor, should not clock in more than five minutes before their assigned shift starts. Employees are also responsible for clocking in and out when taking a break. In the event of illness, the employee should call in to report it to his/her supervisor as soon as possible. The supervisor will write on the employee’s attendance card that he/she is sick that day. In the event of personal time off, the supervisor will be responsible for the employee’s timecard. All timecards must be signed by your supervisor. Muffin Mam will not honor timecards that are not signed. Tardiness, reporting late, and overtime must be initialed by the supervisor. 14
PAY DEDUCTIONS The law requires that Muffin Mam make certain deductions from every employee’s compensation as contribution to federal, state, and local income taxes. Muffin Mam must also deduct Social Security and Medicare taxes from each employee’s earnings. Muffin Mam matches the amount of Social Security and Medicare taxes paid by each employee. Muffin Mam offers programs and benefits beyond those required by law. Eligible employees may voluntarily authorize deductions from their paychecks to cover the costs of participation in these programs. If you have questions concerning deductions made from your paycheck or how they were calculated, please contact your immediate supervisor for explanation or clarification.
ADVANCES AND LOANS Muffin Mam will not advance money to employees against wages nor will the company loan money to employees.
PAYDAYS Pay periods begin on Saturday at 11:00PM and end on the following Saturday at 10:59PM. Exempt and non-exempt employees are paid weekly on Tuesday. Each paycheck reflects pay earned through the previous pay period. Errors in payroll computation should be called to the attention of your supervisor immediately upon discovery. Checks are distributed at your location of Muffin Mam on Tuesdays after 2:00PM.
NON-EXEMPT EMPLOYEES The workweek for 8-hour and 10-hour shift employees is generally 36- 40 hours. The workweek for 12-hour shift employees is generally 45-48 hours. Any time worked over 40 hours in a workweek for 8hour and 10-hour shift employees is considered voluntary overtime. Any time worked over 48 hours in a work week for 12-hour shift employees is considered voluntary overtime.
The normal Muffin Mam scheduled workweek is specific to each department. Every effort should be made to accomplish the Company's work during regularly scheduled hours. However, situations occasionally occur when it is necessary to work overtime. When possible, employees will be notified in advance if overtime is required. There are times, however, when the need for an employee to stay late arises suddenly and advance notice is not possible.
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Employees who are not exempt from the overtime provisions of the Fair Labor Standards Act (FLSA) are paid time and one half for any hours worked in excess of 40 hours per week. Overtime pay is based on actual hours worked. Personal time off use, or any period or leave of absence, will not be considered hours worked for purposes of performing overtime calculations. In addition, time away from work for recognized Company holidays will also not be considered time worked for the purposes of overtime calculations. All overtime worked must have the supervisor's prior approval. Evidence of overtime must have management approval in the timekeeping system. All employees must check with their supervisor before clocking out each day to ensure all job duties and responsibilities are complete. Because of sanitary requirements, you may be required to work past your scheduled work time to finish your cleaning assignments. While overtime assignments will be distributed as equitably as practicable to all employees qualified to perform the required work, volunteers will be given preference.
EXEMPT EMPLOYEES Certain positions at the Company have been designated as exempt under the Fair Labor Standards Act (FLSA). The Company prohibits deductions from an exempt employee’s salary except as allowed by the FLSA. If an employee is aware of improper deductions from an exempt employee’s salary, this violation should be reported immediately to your supervisor. All reported or suspected improper deductions from an exempt employee’s pay will be promptly and thoroughly investigated. If the Company determines that improper deductions were made from an exempt employee’s salary, the Company will immediately reimburse the amount(s) improperly deducted to the employee.
EMPLOYEE PERSONNEL RECORDS A complete record of each employee will be kept on file with the Human Resources Department. All information relating to the employee, with respect to his/her employment with Muffin Mam, shall appear in the personnel record. The record includes such information as the employee’s employment application, resume, records of training, documentation of performance appraisals and pay increase, and other employment records. When a change of address, marital status, phone number, etc. occurs, it is the responsibility of the employee to request a Change of Status Form from the Human Resource Department. This will ensure that all employment records are kept current and up to date. Personnel files are the property of Muffin Mam, and access to the information contain therein is restricted. The release of information contained in the personnel files can only be made by the Human Resources Department and with authorization from a company officer. Supervisors have access to performance records or their direct reports. Employee personnel records are not to be removed from the Human Resources Department. With reasonable advance notice, employees may review their records in the presence of their supervisor and/or a representative of the Human Resources Department. As official Company records, files that are property of Muffin Mam’s Human Resources Department may not be taken off premises.
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ADA/ADAAA POLICY The Americans with Disabilities Act (ADA) and the Americans with Disabilities Amendments Act (ADAAA) are federal laws that require employers with 15 or more employees to not discriminate against applicants and individuals with disabilities and, when needed, to provide reasonable accommodations to applicants and employees who are qualified for a job, with or without reasonable accommodations, so that they may perform the essential job duties of the position. It is the policy of Muffin Mam to comply with all federal and state laws concerning the employment of persons with disabilities and to act in accordance with regulations and guidance issued by the Equal Employment Opportunity Commission (EEOC). Furthermore, it is Muffin Mam’s policy not to discriminate against qualified individuals with disabilities in regard to application procedures, hiring, advancement, discharge, compensation, training or other terms, conditions and privileges of employment. When an individual with a disability requests accommodation and can be reasonably accommodated without creating an undue hardship or causing a direct threat to workplace safety, he or she will be given the same consideration for employment as any other applicant. Applicants who pose a direct threat to the health, safety and well-being of themselves or others in the workplace when the threat cannot be eliminated by reasonable accommodation will not be hired. Muffin Mam will reasonably accommodate qualified individuals with a disability so that they can perform the essential functions of a job unless doing so causes a direct threat to these individuals or others in the workplace and the threat cannot be eliminated by reasonable accommodation or if the accommodation creates an undue hardship to Muffin Mam. Please contact Human Resources with any questions or requests for accommodation. Individuals who are currently using illegal drugs are excluded from coverage under Muffin Mam’s ADA/ADAAA policy. If definitions or clarifications are needed on any terms included in Muffin Mam’s ADA/ADAAA policy, please contact Human Resources to ensure your understanding.
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[[ WHAT
Muffin Mam
YOU EXPECTS OF YOU [[
Employee dress code All Muffin Mam employees are expected arrive for work in a respectable, clean, and neat manner. Muffin Mam restricts and does not allow the following items on the production floor: ●
Open-toed or cloth type shoes
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Muscle shirts, tank tops, or shirts with capped sleeves
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Any garment made of any see-through material
●
Jewelry of any kind
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False eyelashes or any cosmetics with the potential to get into any product
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Rubber bands or elastic hair ties that have no metal (they must all have some metal portion)
Muffin Mam requires the following items on the production floor at all times, in all departments: ●
Closed-toed slip-proof shoes (oil and water resistant)
●
Company-provided smocks
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Company-provided hairnets and beard guards
FIT FOR WORK POLICY Muffin Mam is committed to providing a safe and healthy work environment, free from drug and alcohol abuse. We recognize that alcohol and drug use and abuse pose significant threats to our goals. We have established a drug-free workplace program that balances our respect for individuals with the need to maintain an alcohol and drug-free environment. The Company strongly encourages employees to voluntarily seek help with drug and alcohol problems. This Fit for Work Policy prohibits the possession, distribution, use, sale, and/or manufacture of illegal drugs, paraphernalia, the unauthorized use of prescription drugs, the use of any legally obtained drug when such use adversely affects the employee’s job performance or safety, or any combination thereof, on company premises or any location at which Company business is conducted, including Company vehicles and any private vehicle parked on Company premises or worksites. The Fit for Work Policy also provides for drug testing in the situations defined below. ●
Any major safety incident (an accident requiring the services of a physician) or security incident
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Any time the Company has reasonable cause to believe that the employee is a substance abuser under any of its definitions
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Any time the Company decides to randomly select and test employees
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COVERED WORKERS Any individual who conducts business for the organization, is applying for a position, or is on company premises or any location at which company business is conducted, including company vehicles and any private vehicle parked on company premises or worksites, is covered by our drug- free workplace policy. SEARCHES Entering the Company’s property constitutes consent to searches and inspections. If an individual is suspected of violating the drug-free workplace policy, he/she may be asked to submit to a search or inspection at any time. Additionally, searches can be conducted of lockers, desks, and workstations. CONSEQUENCES One of the goals of the drug-free workplace program is to encourage employees to voluntarily seek help with alcohol and/or drug problems. If, however, an individual violates the policy, the consequences are serious. Employees who test positive will be subject to disciplinary action, up to and including possible termination. Employees will be subject to the same consequences of a positive tests if they refuse the screening or test; adulterates, dilutes, or substitutes the specimen(s) with that from another person or sends an imposter; refuses to sign the required forms or cooperate in the testing process in such a way that completion of the test is prevented. Employees who refuse to be tested or test positive for drugs or alcohol, may be subject to discipline, up to and including termination. Employees who are under the influence of drugs or alcohol at the time of an on-the-job injury may adversely affect a claim for workers' compensation benefits. Employees of Muffin Mam may be subject to initial and routinely scheduled fitness or physical duty examinations at time of employment, during random screenings, or where reasonable suspicion of drug use exists. The Company may require an employee to undergo substance screening urinalysis, blood (for alcohol), hair follicle, or other testing procedures based on certain circumstances. All employees must agree to submit to such tests, including follow-up to rehabilitation testing and the required postaccident testing as a term of employment. Employees of Muffin Mam consent to the results of any such drug screen(s) being released to the Company’s authorized representative by the Medical Review Officer (MRO). Employees will be authorized to receive a copy of the consent form, if requested. The results will not be released to any additional parties without the employee’s written authorization.
CHEMICAL ABUSE/ADDICTION ASSISTANCE Muffin Mam recognizes that alcohol and drug abuse and addiction are treatable illnesses. The Company also realizes that early intervention and support improve the success of rehabilitation. In order to support our employees, the Muffin Mam drug-free workplace policy will: ●
Encourage employees to seek help if they are concerned that they or their family members may have a drug and/or alcohol problem
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Allow the use of accrued paid time off while seeking treatment for alcohol and other drug problems 19
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Potentially allow for treatment for alcoholism and/or other drug use disorders by the employee benefit plan; however, the ultimate financial responsibility for recommended treatment belongs to the employee.
CONFIDENTIALITY All information received by the organization through the drug-free workplace program is confidential communication. Access to this information is limited to those who have a legitimate need to know in compliance with relevant laws and management policies.
SHARED RESPONSIBILITY A safe and productive drug-free workplace is achieved through cooperation and shared responsibility. Both employees and management have important roles to play. Any and all employees who are impaired and unable to properly and safely perform the duties of their jobs due to on- or off-duty use of alcohol or other drugs shall not report to work. In addition, employees are encouraged to be concerned about working in a safe environment and report dangerous behavior to their supervisor immediately. It is the supervisor's responsibility to: ●
Inform employees of the drug-free workplace policy
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Observe employee performance
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Investigate reports of dangerous practices
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Document negative changes and problems in performance
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Counsel employees as to expected performance improvement
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Clearly communicate consequences of policy violations
CORRECTIVE ACTION PROCEDURE Muffin Mam expects very high job performance from all its employees. You are expected to reach and then maintain a high level of job performance, and you are expected to do so within a reasonable length of time after joining the Company. As an employee of Muffin Mam, you are required to adhere to certain rules of conduct necessary to establish and maintain a productive and respectful atmosphere. All employees are expected to treat each other with mutual respect and common courtesy. Any conduct that interferes with the effective operation of Muffin Mam business is prohibited. The Corrective Action Procedure promotes an
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understanding of the rules of conduct for all employees and establishes fair, impartial, and uniform discipline. These measures also help protect your job and security, as well as ensure the health and safety of all employees. Muffin Mam is not required to take any disciplinary action before making an adverse employment decision, including discharge. If corrective action is necessary, Muffin Mam may administer any of the following possible corrective actions: ●
Verbal reminder to the employee with documentation with a copy to his/her personnel file
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Written warning to the employee with a copy in his/her personnel file
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Suspension without pay
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Termination of employment
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Other appropriate action given conduct of the employee
CODE OF PERSONAL CONDUCT Muffin Mam Code of Conduct is divided into two main groups according to the relative importance and seriousness of the action. ACTIONS RESULTING IN IMMEDIATE DISCHARGE Actions, which have a severely unfair or harmful impact on other employees of the Company, will not be condoned and may result in discipline, up to and including discharge on the first occurrence. These guidelines are provided for informational purposes only and are not intended to be all-inclusive. Examples of such conduct include, but are not limited to: Refusal to Work // refusal of an employee to carry out a reasonable request of management Destruction of Property // intentionally damaging or defacing Company property or any other property
located on Company premises
Possession of Weapon(s) // the possession of any weapon, for any reason, on Company property Intoxicants and Drugs // possession, consumption, distribution, or being under the influence of intoxicants or prohibited drugs on Company premises; “prohibited” means illegal drugs or proscription medication prescribed to someone other than the user Dishonesty // altering or falsifying Company records; theft of personal or Company property Violation of Major Safety Standards // safety violations which endanger anyone Fighting // fighting on Company property or on the property of a Customer Negligence // gross negligence in the performance of job duties resulting in damage to the Company or its property, customers, visitors, or employees, or other conduct which causes Muffin Mam to lose confidence in an employee’s ability to adequately perform his/her job Tampering // willfully rendering safety devices ineffective Job Abandonment // being absent for a period of one (1) day without notifying management
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ACTIONS NORMALLY RESULTING IN WARNING PRIOR TO DISCHARGE Some actions can be considered less damaging in their impact, unless with repeated occurrence. For these actions, employees will normally, but not always, receive a verbal or written warning of unsatisfactory conduct, citing consequences up to and including discharge. Some examples of these actions might include (but are not limited to): Excessive Absenteeism // absence without justifiable cause or chronic absenteeism for any reason Tardiness // chronic or unauthorized lateness to work Safety Violations // not working safely at all times; endangering co-workers, not maintaining safety devices, not notifying management of unsafe conditions, not following safe lifting procedures
Security Violations // willful violation of security measures Poor Housekeeping // failure to maintain a clean and orderly personal workspace, vehicle or area Abusive Language or Actions // the use of profane language and other forms of disorderly conduct or malicious disturbance, including the intimidation of others
Solicitation and Distribution of Unauthorized Information // violation of the Solicitation and Distribution
Policy
Failure to Report Accidents // failure of an employee to immediately report any personal injury resulting from an on-the-job work situation to his/her supervisor
Discrimination and Harassment // violation of the Company's policy requiring each employee to treat all
others in the workplace based on their own merit without regard to race, color, creed, age, sex, religion, national origin, handicap or veteran status; any form of unsolicited, offensive sexual behavior that exploits an employee or prospective employee in such a manner that his/her performance or potential as a worker is impaired or that creates an offensive or hostile work environment
Smoking // smoking in non-designated areas Disruptions or Distractions // refusal to leave the work area of another employee upon request As stated before, the foregoing lists of offenses are not meant to be all-inclusive. For other actions detrimental to the Company or its employees, suppliers or customers, management reserves the right, at its discretion, to take any action appropriate under the circumstances, including immediate dismissal. Before final action is taken in such cases, appropriate senior management is to be consulted for policy interpretation.
COMPLAINT PROCEDURE Muffin Mam maintains an open-door policy. Any employee who has an issue or concern about his/her employment may raise that issue with his/her immediate supervisor or a member of Muffin Mam’s management. If any employee believes that corrective action is unwarranted or inappropriate, then he/she may appeal that decision to the CEO of the Company for review. The decision of the CEO regarding the appeal will be final and binding on the Company and the employee involved.
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ACCIDENT PREVENTION CONDUCT Individuals should work carefully, practice safe work habits, and adhere to warning signs and safety bulletins. Activities such as horseplay, fighting, use of abusive language, distraction of fellow employees, running, failure to observe designated aisles and walkways, throwing objects, etc., are strictly prohibited. Employees are not to be in or around the workplace (or facility) while under the influence of drugs or alcohol. Any employee in the workplace who is under the influence of (or appears to be under the influence of) alcohol or drugs, or who is impaired by any medication (whether prescribed to the employee or not), must be reported to management immediately for actions detailed in the Fit to Work Policy. Company property, personal property, tools, materials, and equipment must not be abused, misused, stolen or destroyed. Company property may not be removed from the workplace without proper authorization(s). Smoking, eating, and drinking are permitted only in designated areas, INJURIES If you are injured or become ill while on Company property or on Company business, report the illness or injury to management immediately, regardless of its severity. If prompt first aid and/or medical attention is necessary, only individuals who are properly trained in first aid techniques or procedures should treat the injuries. It is the responsibility of the supervisor to complete an Accident Report Form on all injuries. All accidents and incidents are to be reported immediately to your supervisor. Failure to do so may lead up to suspension and or termination. If an accident or incident occurs, a supervisor is to complete the Accident Report Form and notify the Human Resources Department, Workers’ Compensation Coordinator, and the employee’s direct department manager before the end of the shift on which it occurred. If medical attention is required, the supervisor will give the employee all the documentation he/she needs to be seen by a medical doctor. Should the employee feel that medical attention is not needed, he/she can invoke his/her right of refusal, indicating that he/she was given the opportunity to receive medical attention but willingly chose not to do so. If that is chosen, once the right of refusal has been signed and is properly documented, the employee’s direct supervisor(s) will monitor the injury until the exposure is no longer an issue. Both the employee and his/her supervisor will sign off when monitoring is occurring. If light duty is required, the employee’s department manager, the Human Resources Department, and the Workers’ Compensation Coordinator will all receive a copy of what restrictions/guidelines are in place. Once the employee has been released to full duty, both the employee and his/her supervisor will sign off, acknowledging that all restrictions have been lifted and the employee is returning to regular duty work. OPERATING RULE Only trained and authorized individuals are allowed to operate or repair equipment. Electrical repairs are to be made by trained individuals only. Electrical, pneumatic, or hydraulic powered equipment and hazardous process systems must be isolated in accordance with the lockout tagout standard. Only authorized employees may remove locks, danger tags, warning notices, or barricades from equipment.
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Operation of machinery, tools, and equipment are only acceptable and allowed when they are in proper working condition and when all guards and safety devices are in place and operational. If a guard or safety device is not working properly or in its proper position, DO NOT operate or STOP the machine and report the condition to your supervisor immediately. Notify your supervisor if any equipment, machines, or tools appear to be defective or in need of repair. Equipment oiling, repair, adjustment, cleaning, or jam clearing is to be done only when the equipment is properly secured, in accordance with the applicable job profile and work procedure. If you are unsure or have any hesitation, check with your supervisor first. Only specially trained and authorized employees may handle hazardous materials and/or respond to hazardous incidents. Always wear all personal protective equipment as required for your position. Keep all operating equipment clean and in good repair. Wear safe and sensible clothing and footwear suitable for your work. Open-toed, open-faced, and highheeled shoes may only be worn in designated areas. Ties, long hair, and loose clothing are not safe around moving equipment and must be controlled and/or secured for safety. Jewelry may be worn only in designated areas. Always use proper lifting techniques, use proper lifting equipment, and/or ask for assistance with moving materials to avoid possible back injury. Aisles, exits, power panels, and emergency response equipment must be clear and easily accessible at all times. All work areas must be kept clean. Report all emergency conditions such as fires, chemical spills, accidents, etc. to your supervisor immediately. Respond to all emergencies as you have been trained.
SANITATION REQUIREMENTS: GOOD MANUFACTURING AND SANITATION PRACTICES The following rules, policies, and practices are adopted by Muffin Mam in order to conform to Good Manufacturing Practices distributed by the SC Department of Agriculture, US Food and Drug Administration, and American Institute of Baking (AIB). The health and safety of you and our customers are of utmost important to Muffin Mam. The listing of these rules is in no particular order. Personal hygiene must be followed. This includes showering before your shift starts and wearing clean clothing, free of lint and animal hair. Your fingernails must be scrubbed and shall not be more than ⅛� in length. No artificial nails are permitted or allowed. In the production area, hairnets and beard guards must always be worn. Report any contagious illness, open sores, boils to your supervisor. Hands must be thoroughly washed before starting work, after visiting the washroom, after smoking, after eating, doing any cleaning duties, or taking out the trash.
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Jewelry of any kind is not permitted. This includes, but is not limited to, earrings, necklaces, bracelets, tongue piercings, pins, nose rings, and/or watches. The only exception is a smooth wedding band. Rings with engravings or stones are not permitted. No glass is permitted in the building. Do not carry anything in shirt or apron pockets that may fall into batter or other products. This includes, but is not limited to pens, pencils, thermometers, notebooks, cigarettes, etc. No eating, drinking, or chewing gum anywhere except the break room or other assigned areas. No smoking or other use of tobacco anywhere except specifically designated areas. All employees involved in food processing should wear clean, white clothing (top and bottom). No tank tops or sleeveless shirts are permitted. All employees must wear leather, closed toe, and non-slip shoes. All-cloth tennis shoes are NOT permitted. All employees are expected to pick up after themselves at the end of shift breaks, meal periods, restroom visits, etc. This includes disposing of cigarette butts, disposing of and replacing hairnets/ beard guards, and placing all other trash in the proper receptacles.
Because state and federal organizations inspect each Muffin Mam production location, maintaining a sanitary environment is non-negotiable. Please know that in order to ensure that the plant is left in a sanitary condition at the end of each shift, you may be required to stay past your scheduled work shift to complete cleaning duties. Employees are expected to exercise common sense and practice sound judgment regarding proper grooming and choice of attire. Mustaches and beards may be worn, though they must always be in well-kept appearance and not of excessive length. However, should the work environment require masks and/or respirators, in order to wear personal protective equipment properly and safely, no facial hair will be allowed.
SAFETY AND LOSS PREVENTION The health and safety of every employee of Muffin Mam is of utmost importance to us. In order to maintain safety and prevent loss, the following list of these rules should be adhered to. ●
Lockout/Tagout procedures always must be followed.
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Guards and safety devices must not be tampered with or caused to not function properly.
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Guards and safety devices must be properly in place, and employees must be clear of machinery and equipment before starting. NEVER attempt to clean a machine while it is still running.
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Hourly employees are not to bring cell phones or pagers into the plant. Leave these devices secured in a locker, your car, or at home.
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Smoking is only allowed in the authorized and designated smoking area.
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Work related accidents must always be immediately reported to your supervisor.
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Required personal protective safety equipment must be worn.
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Never store pallets upright or leaning on the sides.
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Ladders must always be properly secured when stored.
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Racks, boxes, pallets, carts, etc. must never block emergency exits, hallways, fire equipment, and any other emergency equipment. Always ensure proper egress in case of emergency.
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Always use proper lifting techniques and lift with your knees and legs—never with your back.
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No running in the bakery.
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Do NOT use equipment or chemicals for which you have not been trained.
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Do NOT attempt to clean, adjust, or repair equipment unless you have been properly trained to do so.
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Clean up spills and dry wet floors immediately. Wet floors are dangerous floors.
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Always keep your work area neat and clean.
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Always wear non-slip shoes.
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No mobile and/or portable audio or video devices are allowed on the production floor. This includes, but is not limited to: portable radios, iPods, cell phones, Bluetooth devices, headphones, etc.
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Report any safety concerns or potential hazards to a supervisor immediately. If necessary action does not occur in a reasonable time, please contact Dewey Armstrong, CEO, directly and without hesitation. Call (800) 948-4268 and ask for his voicemail.
To assist in providing a safe and healthy work environment for all Company employees, customers, suppliers, and visitors, Muffin Mam has established a workplace safety program. The success of the program depends on the alertness and personal commitment of all. Muffin Mam provides information to employees about workplace safety and health issues through regular internal communication channels such as training, employee meetings, bulletin board postings, memos, or other forms of written communication. All employees are always expected to conduct themselves in a safe and sensible manner. The rules outlined here should serve as a minimum guide to which all employees will be held accountable as a condition of continued employment.
EVACUATION PROCEDURES It is Muffin Mam's policy to meet, or exceed, all local, state, and federal codes that apply to life safety. The key element of life safety includes primary and secondary alarm systems, clearly posted and maintained evacuation routes, emergency lighting, and employee training.
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ON-SITE EMERGENCY, ILLNESS, OR INJURY In responding to workplace situations and emergencies involving a sick or injured person, our overriding and primary concern must be the welfare of the sick and/or injured person. Concerns with Company liability, while real, are secondary issues that should not confuse or delay effective handling of the situation. In these situations, there are no set or defined procedures that can substitute for the judgment of the person on the scene. GENERAL GUIDELINES All employees should know that injuries and illnesses occurring at work must be reported to management immediately. In the case of employee sickness or injury, judgments must be made as quickly as possible as to the seriousness of the sickness or injury and its disabling effects on the employee in order to render proper assistance. Such assistance may run the gamut from the immediate administration of emergency first aid/CPR and calling the local rescue squad to a short rest period away from the job. As a general rule, treatment for employees who are sick or injured will be administered and directed by management trained in emergency first aid and CPR, unless circumstances call for quicker emergency action by those on the scene. Persons injured on the job that require more assistance than can be rendered on site must be accompanied by a competent relative, supervisor, or member of management to the proper medical care facility. Judgments as to the type of transportation used by the sick or injured person to go home, to the doctor, or to an emergency care facility must be made on site based on the circumstances. If the sick or injured person is fully competent and able to drive himself/herself home or to the doctor, that is the most reasonable decision. It may be that a relative should be called or management may decide to take the person home or to the doctor. In such cases, a third party (preferably the same sex as the sick or injured person) would normally accompany management. Obviously, an ambulance must be called for anyone in need of emergency medical transportation service, or, in cases where such services are not immediately available and immediate action is called for, management may decide to take the sick or injured person to the medical facility. In such cases, another supervisor or employee trained in first aid/CPR should accompany. After care is taken of the sick or injured person, proper documentation of the circumstances and actions taken must be made by all parties concerned. The supervisor present at the time of the accident/incident is responsible for seeing that this documentation is completed and distributed the Human Resources Department and all management. The sick or injured employee’s supervisor is responsible for following up with the employee to see if any additional medical assistance is needed or required.
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WORKERS COMPENSATION INSURANCE Muffin Mam provides comprehensive workers' compensation insurance at no cost to employees. Subject to applicable legal requirements, workers' compensation insurance provides benefits after a short waiting period or, if the employee is hospitalized, immediately. Employees who sustain work-related injuries or illnesses should inform their supervisor immediately. No matter how minor an on-the-job injury may appear, it is important that it be reported immediately. This will enable an eligible employee to qualify for coverage as quickly as possible. Should the workers' compensation insurance carrier deny the employee’s claim, it is the responsibility of the employee to cover all medical costs incurred. Neither Muffin Mam nor the insurance carrier will be liable for the payment of workers' compensation benefits for injuries that occur during an employee’s voluntary participation in any off-duty recreational, social, or athletic activity sponsored by Muffin Mam. It is important to note that management retains the right to direct an affected employee to a health care provider of the Company's choice.
SMOKING AREA With the intention of providing a safe and healthful work environment, smoking is prohibited only in authorized and designated smoking areas. If needed, please locate this designated area at your specific location of Muffin Mam.
ENVIRONMENTAL RESPONSIBILITY Muffin Mam recognizes its responsibilities to the environment and to the communities in which it operates. The goal of this Company is to always adhere to any and all environmental regulations set forth by law. All management of Muffin Mam is committed to the intentional control of all processes to reduce and minimize environmental risks and liabilities. In order to meet this objective, all employees need to be aware of the potential scope and impact of their actions, products, and equipment on the environment.
VISITORS IN THE WORKPLACE To provide for the safety and security of employees and the facilities of Muffin Mam, only authorized visitors are allowed in the workplace. Restricting unauthorized visitors helps maintain safety standards, protects against theft, ensures the security of all employees, protects confidential information, and avoids potential distractions and disturbances.
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All visitors should enter Muffin Mam at the main entrance to the facility and register with the receptionist. Authorized visitors will be escorted to their destination. Employees are responsible for the conduct and safety of their visitors. If an unauthorized individual is observed in Muffin Mam’s workplace, employees should direct the individual to the receptionist and immediately notify their supervisor.
CHANGES TO PERSONAL/CONTACT INFORMATION It is the responsibility of each employee to promptly notify Muffin Mam of any changes in personal data by completing and submitting a Change of Status Form. This form includes basic information about the employee’s physical mailing addresses, contact telephone numbers, names of dependent(s), individuals to be contacted in the event of an emergency; educational accomplishments, etc. It is always each employee’s responsibility to keep his/her status with the Company accurate.
SOLICITATION AND/OR DISTRIBUTION OF LITERATURE In order to ensure a productive and harmonious work environment, persons not employed by Muffin Mam may NOT solicit or distribute literature on Company property at any time or for any purpose without written authorization. Muffin Mam recognizes that employees may have interest in non-profit events and organizations outside the workplace. However, employees may not solicit or distribute literature concerning these activities during working time. Please note that “working time” does not include shift breaks, meal periods, or any other periods in which employees are not on duty. Employees may not distribute such literature in the work areas at any time. Also, solicitation on behalf of a for-profit effort or enterprise are always prohibited on Company premises.
BULLETIN BOARDS Bulletin boards at Muffin Mam are reserved for official organization communications such as: ●
Equal Opportunity Employment statement
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Affirmative Action statement
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Internal memoranda
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Job openings and/or postings
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Organization announcements
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Workers' Compensation Insurance information
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State disability insurance/unemployment insurance information 29
All bulletin board notices must be approved and signed by senior management prior to posting. On the face of each notice, it will clearly be denoted the date it was posted and the date that it is to be removed. Unless approved by management, the posting of written solicitations or notices on Company bulletin boards is prohibited.
TELEPHONE POLICY Muffin Mam understands that occasionally an employee will get a phone call from family, child’s school, doctor’s office, etc. When that happens, a message will be taken for that employee, and that call may be returned during shift break. The pay phone in the break room is provided for that purpose. The telephones in the supervisors’ offices are only to be used for business purposes. Cell phones should not to be brought into the plant by hourly employees. They are a disruption and a safety hazard. Leave your cell phone locked in a secured locker, your car, at home. Cell phones are only to be used on scheduled breaks.
INTERNET AND EMAIL POLICY Employees may be provided with access to the internet to assist them in performing their jobs. The internet can be a valuable source of information and research; however, if you abuse your right to use the internet, you will be subject to disciplinary action, including possible termination, and possible civil and criminal liability. Your use of the Internet is governed by this policy. Muffin Mam is not responsible for material viewed or downloaded by users from the internet. The internet is a worldwide network of computers that contains millions of pages of information. Users are cautioned that many of these pages include offensive, sexually explicit, and inappropriate material. In general, it is difficult to avoid at least some contact with this material while using the internet as even innocuous search requests may lead to sites with highly offensive content. In addition, having an email address on the internet may lead to receipt of unsolicited email containing offensive content. Users accessing the internet do so at their own risk. Muffin Mam’s internet and email systems are to be used solely for company business purposes. Employees must not deliberately perform acts that waste computer resources. These acts include, but are not limited to, sending mass mailings or chain letters, personal use of Muffin Mam email accounts, spending excessive amounts of time on the internet, playing games, engaging in online chat groups, printing multiple copies of documents, or otherwise creating unnecessary network traffic. Because audio, video, and picture files require significant storage space, files of this or any other sort may not be downloaded unless they are business-related. Each employee’s compliance with this policy regarding company internet and E\email systems is a term and condition of employment. Failure to abide by this policy and failure to cooperate with Muffin Mam in the enforcement of this policy shall be grounds for disciplinary action, up to and including termination. EXPECTATION OF PRIVACY The computers, computer accounts, and other technology given to employees are to assist them in performance of their jobs. Employees should not have any expectation of privacy in anything they create, store, send, or receive on the Company computer system. This also includes voicemail and 30
messages sent or received from a cellular device supplied or paid for by Muffin Mam. This includes, but is not limited to, personal email accounts (e.g., Gmail, Yahoo!, Hotmail, AOL, etc.). These emails may be stored on a Muffin Mam hard drive and can be forensically retrieved. The computer system belongs to Muffin Mam and may only be used for business purposes. MONITORING COMPUTER USAGE Muffin Mam has the right, but not the duty, to monitor any and all of the aspects of its computer system, including, but not limited to, monitoring sites visited by employees on the internet, monitoring chat groups and news groups, reviewing material downloaded or uploaded by users to the internet, and reviewing email sent and received by users. BLOCKING OF INAPPROPRIATE CONTENT Muffin Mam may use software to identify inappropriate or sexually explicit internet sites. Such sites may be blocked from access by Company networks. In the event you nonetheless encounter inappropriate or sexually explicit material while browsing on the internet, immediately disconnect from the site, regardless of whether the site was subject to company blocking software. PROHIBITED ACTIVITIES Material that is fraudulent, harassing, embarrassing, sexually explicit, profane, obscene, intimidating, defamatory, or otherwise unlawful, inappropriate, offensive (including offensive material concerning race, color, creed, age, sex, sexual orientation, disabilities, genetic information, gender identity and expression, religion, national origin or veteran’s status), or violates Muffin Mam’s Equal Employment Opportunity Policy and its policies against sexual or other harassment may not be downloaded from the internet or displayed or stored on computers. Employees encountering or receiving this kind of material should immediately report the incident to the Human Resources Department. Muffin Mam’s EEO policy and its policies against sexual or other harassment apply fully to the use of the internet and any violation of those policies is grounds for discipline, up to and including termination. GAMES AND ENTERTAINMENT SOFTWARE Employees may not use the company internet connection to download games or other entertainment software, including wallpaper and screen savers, or to play games over the internet. ILLEGAL COPYING Employees may not illegally copy material protected under copyright law or make that material available to others for copying. Each employee is responsible for complying with copyright law and applicable licenses that may apply to software, files, graphics, documents, messages, and other material he/she wishes to download or copy. An employee may not agree to a license or download any material for which a registration fee is charged without first obtaining the express written permission of the Company. ACCESSING THE INTERNET To ensure security and to avoid the spread of viruses, employees accessing the internet through a computer attached to Muffin Mam’s network must do so through an approved internet firewall. Accessing the internet directly by modem is strictly prohibited unless the computer you are using is not connected to the Company’s network. VIRUS DETECTION Files obtained from sources outside the Company, including disks brought from home; files downloaded from the Internet, news groups, bulletin boards, or other online services; files attached to email; and files provided by customers, suppliers, or vendors may contain dangerous computer viruses that may damage the Company’s computer network. Employees should never download files from the
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internet, accept email attachments from outsiders, or use discs from non-Company sources, without first scanning the material with Company-approved virus checking software. CDs, DVDs, flash drives, and external hard drives that are not the property of Muffin Mam may not be used in or with any Muffin “Mam computer, including laptops brought to an employee’s home. If you suspect that a virus has been introduced into the Company’s network, notify the IT Department immediately. SENDING UNSOLICITED EMAIL (SPAMMING) Without the express permission of management, employees may not send unsolicited email to anyone with whom they do not have a prior relationship.
SOCIAL MEDIA POLICY At Muffin Mam, we understand that social media can be a fun and rewarding way to share your life and opinions with family, friends, coworkers. People you know around the world. However, use of social media also presents certain risks and carries certain responsibilities. To assist you in making responsible decisions about your use of social media, Muffin Mam has established these guidelines for appropriate use of social media. This policy applies to all associates who work for Muffin Mam. 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 chat room…whether directly associated or affiliated with Muffin Mam or not. The same principles and guidelines found in Muffin Mam policies apply to your activities online. Ultimately, each employee is solely responsible for what he/she posts online. Before creating online content, each employee should consider the risks and rewards that are involved. Keep in mind that any conduct that adversely affects an employee’s performance, the performance of fellow employee, or otherwise adversely affects members, customers, suppliers, people who work on behalf of Muffin Mam or Muffin Mam’s business interests may result in disciplinary action, up to and including termination. KNOW AND FOLLOW THE RULES Carefully read these guidelines and policies outlined in this document and ensure your postings are consistent with these policies. Inappropriate postings that may include discriminatory remarks, harassment, and threats of violence or similar inappropriate or unlawful conduct will not be tolerated and may subject the employee to disciplinary action, up to and including termination. BE RESPECTFUL Always be fair and courteous to fellow associates, customers, members, suppliers, or people who work on behalf of Muffin Mam. Also, keep in mind that, as an employee, you are more likely to resolve work related complaints by speaking directly with your coworkers or by utilizing our Open Door Policy than by posting complaints to a social media channel. Nevertheless, should an employee decide to post complaints or criticism, he/she should avoid using statements, photographs, video, or audio that reasonably could be viewed as malicious, obscene, threatening or intimidating, that disparage customers, members, associates 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 based on race, sex, disability, religion, or any other status protected by law or Company policy. 32
BE HONEST AND ACCURATE Each employee should make sure he/she is always honest and accurate when posting information or news. Should he/she make a mistake, it should be corrected quickly. The original poster should always be open about any previous posts he/she may have altered. Do not ever forget that the internet archives almost everything; therefore, even deleted postings can be searched. Never post any information or rumors that you know to be false about Muffin Mam, fellow associates, members, customers, suppliers, and/or people working on behalf of Muffin Mam or its competitors. POST ONLY APPROPRIATE AND RESPECTFUL CONTENT Always maintain the confidentiality of Muffin Mam’s trade secrets and private or confidential information. Trades secrets may include information regarding the development of systems, processes, products, know-how and technology. Do NOT post internal reports, policies, procedures, or other internal business-related confidential communications. Respect financial disclosure laws. It is illegal to communicate or distribute inside information to others so that they may buy or sell stocks or securities. Such online conduct may also violate the Insider Trading Policy. Creating a link from your blog, website, or other social networking site to any site belonging to Muffin Mam is prohibited. Never represent yourself as a spokesperson for Muffin Mam. Employees are prohibited from using #muffinmam for inappropriate postings that may include discriminatory remarks, inappropriate comments, harassment, and threats of violence or similar inappropriate or unlawful conduct. Any specific reference Muffin Mam must be authorized by Greg Marshall, Executive Vice President, Sales and Marketing. USING SOCIAL MEDIA AT WORK Refrain from using social media while on work time or on equipment provided by Muffin Mam, unless it is work-related and/or authorized by your manager or consistent with the Company Equipment Policy. Do not use Muffin Mam’s email addresses to register on social networks, blogs, or other online tools intended for personal use.
RETALIATION It is against Company policy and unlawful to retaliate in any way against anyone who has lodged a harassment complaint, has expressed a concern about harassment, including sexual harassment, or has cooperated in a harassment investigation. Therefore, the initiation of a complaint, in good faith, will not under any circumstances be grounds for disciplinary action. ENFORCEMENT All managers and supervisors are responsible for: ●
Implementing the Company policy on harassment, which includes, but is not limited to, sexual harassment and retaliation;
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Insuring that all employees they supervise have knowledge of and understand the Company policy;
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Reporting any complaints of misconduct to the designated company representative, General Manager, so they may be investigated and resolved internally;
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Taking and/or assisting in prompt and appropriate corrective action when necessary to ensure compliance with the policy, and; conducting themselves in a manner consistent with the policy. 33
If you believe that you have witnessed or been subject to any form of the above by a fellow employee, supervisor, or manager, please contact the Muffin Mam Human Resources Department immediately. All claims of perceived harassment will be subject to a prompt and thorough investigation. Any person, regardless of position or title, who has engaged in harassment will be subject to discipline, up to and including termination. INVESTIGATION Any person who feels they have been a victim of or witnessed any form of harassment should contact any member of Muffin Mam management immediately. Any supervisor who receives a claim should immediately move that knowledge up the Muffin Mam chain of command. Upon determination of the claim, immediate and appropriate corrective action will be taken. Management and/or Human Resources will inform both parties about the corrective measures taken. Muffin Mam will protect the confidentiality of the complaints and investigation process to the extent practicable. All management staff of Muffin Mam will be trained to notify the appropriate contacts should they receive a claim from an employee. All employees will receive training on the appropriate procedures. The Company's complaint procedure provides for an immediate, thorough, and objective investigation of any claim of unlawful or prohibited harassment, appropriate disciplinary action against one found to have engaged in prohibited harassment, and appropriate remedies for any victim of harassment. A claim of harassment may exist even if the employee has not lost a job or has had some economic benefit. Anyone who has been subjected to the conduct prohibited under this policy, or who has knowledge of such conduct, should report this information following the normal complaint procedure as soon as possible. However, employees are not required to report any prohibited conduct to a supervisor who may be hostile, who has engaged in such conduct, who is a close associate of the person who has engaged in the conduct in question, or with whom the employee is uncomfortable discussing such matters. Complaints regarding harassment or retaliation may be submitted verbally or in writing. Any individual who makes a complaint that is demonstrated to be intentionally false may be subject to discipline, up to and including termination. All reported incidents of prohibited harassment will be promptly investigated. When the investigation is complete, a determination regarding the reported harassment will be made and communicated to the employee who complained and to the accused harasser. During the investigation, confidentiality will be preserved to the fullest extent possible without compromising the Company's ability to conduct a good faith and thorough investigation. If the Company determines that prohibited harassment has occurred, the Company will take effective remedial action commensurate with the circumstances. Appropriate action will also be taken to deter any future harassment. If a complaint of prohibited harassment is substantiated, appropriate disciplinary action, up to and including termination, will be taken. The Company recognizes that actions that were not intended to be offensive may be taken as such. An employee who believes that he/she has been subjected to sexual harassment by anyone is encouraged, but not required, to promptly tell the person that the conduct is unwelcome and ask the person to immediately stop the conduct. A person who receives such a request must summarily comply with it and must not retaliate against the employee for rejecting the conduct. The Company encourages, but does not require, individuals to take this step before utilizing the above Complaint Procedure.
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Muffin Mam prohibits taking negative action against any associate for reporting a possible deviation from this policy or for cooperating in an investigation. Any associate who retaliates against another associate 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.
MEDIA REPRESENTATION Associates should not speak to any media on behalf of Muffin Mam without first contacting Greg Marshall, Executive Vice President, Sales and Marketing.
SECURITY To ensure the safety and security of all employees, Muffin Mam has a security system with doors that are only opened with access keys. During your orientation, an access key will be assigned to you. This electronic key is to be used only by you. Do NOT let others borrow it. Should it be misplaced, there is a $10.00 charge to replace your electronic key. Temporary employees are assigned a timecard for purposes of accurate timekeeping. Temporary employees should be able to show you this to gain access to the building. Always enter and leave the facility though the assigned employee entrance. Do NOT enter the facility through the employee entrance if you are not scheduled to work. If you need to gain entrance to the facility in order to talk to a member of management or for other business, report to the front office and sign in. Do not enter or exit the driver’s entrance. Never rig any door so it will not lock behind you when it is shut. Temporary employees will be issued identification by their employment agent/agency. Do NOT open the door for any unidentified persons seeking entry. Call the supervisor to the entrance when anyone not identified as a temporary employee, including all day laborers, wants entrance. Notify the supervisor if anyone you do not recognize as Muffin Mam employee has gained entrance to the facility. Muffin Mam takes the safety and security of its employees very seriously. Any violation of Muffin Mam’s security policies may result in corrective action, up to and including termination.
PERSONAL PROPERTY Please do NOT bring valuable personal property to work. Muffin Mam is not responsible for the personal property of any employee. However, please know that anyone caught in the act of theft will be prosecuted to the full extent of the law. Any employee bringing packages in the facility or leaving with packages must do so in a clear bag and all package movement is subject to manager inspection. Any employee wishing to take home an empty box, jug, bucket, etc. that would normally be dispose of must receive authorization from his/her supervisor (in writing) and have the item(s) inspected before leaving the facility.
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Removal of finished product, including those that do not pass inspection, or supplies without management approval is strictly prohibited. Doing so will be considered at theft of Muffin Mam’s property. An Employee Product Request Form must be filled out by a supervisor and should be attached to the product that has been approved to leave the facility by an employee.
OUTSIDE EMPLOYMENT Muffin Mam recognizes the fact that an employee may be justified under some circumstances in accepting casual outside employment to be performed after working hours only if no conflict with the Company’s interest is involved. However, the CEO must make the determination of the propriety of such outside employment, not by the employee affected. This should be done prior to acceptance of any outside position. Violation of this policy is subject to disciplinary action, up to and including termination. Under no circumstances will approval be given for work at another Company in direct competition with Muffin Mam. Failure to comply with this policy may be grounds for disciplinary action, up to and including termination. It must be realized that employment with the Company is the employee's primary responsibility. Outside employment will not be considered an excuse for poor performance, absenteeism, lateness, or refusal to work overtime. Should the outside employment cause or contribute to any of these situations, it is to be discontinued.
WHISTLEBLOWER POLICY PURPOSE The Company is committed to high standards of ethical, moral, and legal business conduct. In line with this commitment, and the Company’s commitment to open communication, this policy aims to provide an avenue for employees to raise concerns and provide reassurance that all employees will be protected from reprisals or victimization for whistleblowing. This Whistleblower Policy is intended to cover protections should an employee raise any and all concerns regarding incorrect financial reporting or any other unlawful activities. SAFEGUARDS Harassment or Victimization // harassment or victimization for reporting concerns under this policy will not be tolerated
Confidentiality // every effort will be made to treat the complainant’s identity with appropriate regard for
confidentiality
Anonymous Allegations // this policy encourages employees to put their names to allegations because appropriate follow-up questions and investigation may not be possible unless the source of the information is identified. Concerns expressed anonymously will be explored appropriately, but consideration will be given to the seriousness of the issue raised, the credibility of the concern, and the likelihood of confirming the allegation from attributable sources. Bad Faith Allegations // allegations in bad faith may result in disciplinary action 36
PROCEDURE: 1. PROCESS FOR RAISING A CONCERN Reporting // The whistleblower procedure is intended to be used for serious and sensitive issues. Such
concerns, including those relating to financial reporting, unethical, or illegal conduct, may be reported directly to the Human Resources Department. Employment-related concerns should continue to be reported through your normal channels such as your Manager or Human Resources.
Timing // the earlier a concern is expressed, the easier it is to take action Evidence // although the employee is not expected to prove the truth of an allegation, the employee should be able to demonstrate to the person contacted that the report is being made in good faith
PROCEDURE: 2. HOW THE REPORT OF CONCERN WILL BE HANDLED The action taken by Muffin Mam in response to a report of concern under this policy will depend on the nature of the concern. The CEO shall receive information on each report of concern and follow-up information on actions taken. Initial Inquiries // initial inquiries will be made to determine whether an investigation is appropriate, and the form that it should take; some concerns may be resolved without the need for investigation
Further Information // the amount of contact between the complainant and the person or persons
investigating the concern will depend on the nature of the issue and the clarity of information provided; further information may be sought from or provided to the person reporting the concern
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[[
Muffin Mam
BENEFITS [[
ELIGIBILITY FOR BENEFITS Regular full-time and salaried employees are eligible for insurance the first of the month after completing thirty (30) days of continuous employment with Muffin Mam, unless noted otherwise in the section herein dealing with each benefit. Eligibility for Company benefits is based on continuous employment, meaning that an interruption in employment voids accumulated service time and that should an individual become re-employed, he/she would have the status of a new hire for the purpose of benefit coverage.
MEDICAL INSURANCE Regular full-time and salaried employees are eligible for insurance on the first of the month after completing thirty (30) days of continuous employment at Muffin Mam. Employees who wish to be covered under the group health plan must complete an insurance application. This will be provided to each employee upon completion of thirty (30) days of continuous employment.
DENTAL INSURANCE Regular full-time and salaried employees are eligible to participate in the group dental insurance plan on the first of the month after completing thirty (30) days of continuous employment at Muffin Mam. Your supervisor will furnish a full explanation of this plan to you.
LIFE INSURANCE Regular full-time and salaried employees are eligible to participate in life insurance benefits on the first of the month after completing thirty (30) days of continuous employment at Muffin Mam. Please refer to the insurance handbook provided for more detailed information.
PROFIT SHARING BENEFIT Employees are eligible for participation in the Empower Retirement profit sharing program on the first day of employment. Employees must still be employed on the annual distribution date to receive the cash portion or, if terminated, have given a 2-week notice in writing to be eligible for the benefit portion and have worked for six (6) continuous months. For more detailed information on this program, please refer to the website www.empowermyretirement.com or call (800) 338-4015. 38
CONTINUATION OF BENEFITS The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) gives Employees and their qualified beneficiaries the opportunity to continue health insurance coverage under Muffin Mam's medical insurance plan when a “qualifying event” would normally result in the loss of eligibility. Some common qualifying events are resignation, termination of employment, death of an employee, reduction in an employee’s scheduled hours, an employee’s divorce or legal separation, and/or a dependent child no longer meeting eligibility requirements. Under COBRA, employees who terminate their employment from the company will be able to continue his/her health insurance coverage under the group plan for themselves and their beneficiaries at the full cost of Muffin Mam group rate plus an administration fee. Upon eligibility, employees will receive a notification detailing their COBRA rights. The notice contains important information about the employee’s rights and obligations. Employees who have questions about this or feel that they are eligible for COBRA should contact Human Resources immediately.
PERSONAL TIME OFF (PTO) Muffin Mam provides personal time off to employees who satisfy the eligibility requirements set forth below. All regular full-time employees accrue vacation time based on their length of continuous service, before becoming eligible for any paid vacation time. After your first 30 days of employment, an employee will receive the following: ●
5 days of personal time off, to be used within your first year of employment
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10 days of personal time off, once he/she has been continuously employed for twelve (12) months
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15 days of personal time off, once he/she has been continuously employed for five (5) years
Personal time off (PTO) will be calculated based on the anniversary of your hire date. You will receive your vacation paycheck on the payday after the vacation is taken, just as if you had worked that week. Pay for personal time off will be calculated at the same rate as your regular earnings. Personal time off cannot be carried over from one anniversary year to the next. If time is not taken during the year of eligibility, it will be forfeited. Any employee giving and working a 2-week notice prior to resigning will be eligible for pay for any accrued, unused personal time off (PTO). Any employee resigning without providing a 2-week notice will forfeit any pay from accrued, unused personal time off (PTO). Paid time off must be taken in a minimum of 8-hour increments unless on an approved FMLA absence, at which it may be calculated down to the minute.
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Employees who are on an approved leave of absence MUST use all their accrued, unused paid time off before using unpaid leave. Paid time off must be requested and approved with a 2-week advance notice. Your supervisor will let you know if your request has been approved. Muffin Mam will work with employees as much as possible when approving time off requests. Remember that you are part of a team, and that arrangements must be made to fill your position while you are not on shift. Requests for time off will be considered in the order in which they are received. Other paid time off not used during the current year are forfeited and the Company is under no obligation for this unused time.
ELIGIBILITY To be eligible for paid time off, an employee must be on the active payroll or on leave of absence as of the date the paid time off is paid and has attained the established service requirements. Paid time off shall continue to accrue during all approved leaves of absence. Paid time off is not counted as time worked when computing overtime. Unpaid time off may be requested. Accrued, unused paid time off cannot be sold back to the Company or cashed out. Accrued, unused paid time off will not be paid in lieu of actually taking time away from the workplace. Accrued, unused paid time off will not be paid if an employee resigns without giving a written 2-week notice. Hourly full-time and salaried employees are eligible to accrue paid time off. Hourly full-time employees may schedule vacation after thirty (30) days of employment. SCHEDULING OF VACATIONS Paid time off must be approved by your immediate supervisor at least two weeks in advance of your requested time off, unless an emergency arises and requires time away from the workplace. Please know that the Company reserves the right to reschedule or postpone previously approved time off requests, as Company needs dictate.
SICK DAYS Full-time exempt employees who have been employed with Muffin Mam a minimum of one (1) year will receive forty (40) hours of sick leave per year. Sick leave will automatically be used to supplement pay when an exempt employee is out for any reason other than approved paid time off. Employees who exhaust their sick leave will be required to take unpaid time off for any future absences when an employee is absent in full day increments. Employees who abuse the sick leave policy will be subject to disciplinary action, up to and including termination. If you or your immediate family member requires 40
time away from work, you should contact Human Resources to discuss how the company can work with you during this period. ELIGIBILITY To be eligible for sick leave, an employee must be on the active payroll or on leave of absence as of the time the sick leave is paid and has attained the established service requirements. Paid sick leave is not counted as time worked when computing overtime. Unpaid days off may be requested, only after sick leave has been exhausted. Sick leave will not be paid in lieu of sick leave not taken. All unpaid sick leave benefits will not be paid at termination for any reason. Employees who are away from the workplace for any illness or for family member illnesses will receive automatic sick pay before unpaid leave will be granted. Sick leave may not be carried over from year to year for any reason. Sick leave will automatically be used to supplement an employee’s pay when absent if available. When exhausted where illnesses apply, paid time off will be a secondary supplement, if available.
COMPANY HOLIDAYS Muffin Mam recognizes six (6) paid holidays per year. ●
New Year’s Day
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Martin Luther King Jr. Day
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The Fourth of July
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Thanksgiving Day
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Christmas Day
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*Personal Holiday
*The Personal Holiday is based on a calendar year and is subject to your supervisor’s approval. On these days, even though an employee performs no work, they will receive holiday pay at their regular rate. Paid time off for holidays will not be counted as hours worked for the purposes of determining overtime.
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JURY DUTY Muffin Mam encourages employees to fulfill their civic responsibilities by serving on jury duty when required. Jury duty leave is unpaid. Employees must show the jury duty summons to their supervisor as soon as possible so that the supervisor may make arrangements to accommodate their absence. Of course, employees are expected to report for work whenever the court schedule permits. Muffin Mam or the employee may request an excuse from jury duty if, in Muffin Mam’s judgment, the employee’s absence would create serious operational difficulties. Non-exempt, regular full-time employees called for jury duty will not receive their regular rate of pay for hours scheduled. Paid time off and holiday benefits will continue to accrue during paid jury duty leave; however, this paid time off will not be counted as time worked in computing overtime.
BEREAVEMENT Any full-time employee who has been employed with the Company for ninety (90) days, who suffers the misfortune of a death in the employee’s immediate family shall be granted bereavement leave. In the event of the death of an employee’s spouse, child/stepchild, parent/in-law, sibling/in-law, or grandparent/in-law, the employee will be granted three (3) days off work with pay leading up to the funeral or memorial service. The Company will require proof of the death, and the relationship to the employee. If additional time away from the workplace is required, any accrued, unused paid time off may be used.
INTERACTION WITH LEAVE LAWS Employees taking leave under the Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), or other state or federal protected leaves are expected to provide notice of absences in accordance with Company policy. Failure to provide notice absent extenuating circumstances may result in disciplinary action, up to and including termination.
FAMILY AND MEDICAL LEAVE ACT (FMLA) Upon hire, Muffin Mam provides all new employees with notices required by the US Department of Labor (DOL) on Employee Rights and Responsibilities under the Family and Medical Leave Act (FMLA). The function of this policy is to provide employees with a general description of their FMLA rights. In the event of any conflict between this policy and the applicable law, employees will be afforded all rights required by law. If you have any questions, concerns, or disputes with this policy, you must contact, please contact Human Resources for clarification.
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GENERAL PROVISIONS Under this policy, Muffin Mam will grant up to twelve (12) weeks (or up to 26 weeks of military caregiver leave to care for a covered service member with a serious injury or illness) during a 12-month period to eligible employees. The leave may be paid, unpaid, or a combination of paid and unpaid leave, depending on the circumstances of the leave and as specified in the policy. ELIGIBILITY To qualify to take family or medical leave under this policy, the employee must meet the following conditions: The employee must have worked for the Company for 12 months or 52 weeks. The 12 months or 52 weeks need not have been consecutive. Separate periods of employment will be counted, provided that the break in service does not exceed seven years. Separate periods of employment will be counted if the break in service exceeds seven years due to National Guard or Reserve military service obligations or when there is a written agreement, including a collective bargaining agreement, stating the employer’s intention to rehire the employee after the service break. For eligibility purposes, an employee will be considered to have been employed for an entire week even if the employee was on the payroll for only part of a week or if the employee is on leave during the week. The employee must have worked at least 1,250 hours during the 12-month period immediately before the date when the leave is requested to commence. The principles established under the Fair Labor Standards Act (FLSA) determine the number of hours worked by an employee. The FLSA does not include time spent on paid or unpaid leave as hours worked. Consequently, these hours of leave should not be counted in determining the 1,250 hours eligibility test for an employee under FMLA. The employee must work on a worksite where 50 or more employees are employed by the Company within 75 miles of that office or worksite. The distance is to be calculated by using available transportation by the most direct route. TYPE OF LEAVE COVERED To qualify as FMLA leave under this policy, the employee must be taking leave for one of the reasons listed below: ●
The birth of a child and/or in order to care for that child
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The placement of a child for adoption or foster care and to care for a newly placed child
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To care for a spouse, child, or parent with a serious health condition (Under the FMLA, a “spouse” means a husband or wife as defined under the law in the state where the employee resides, including same-sex marriages in states that legally recognize such civil unions).
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The serious health condition of the employee making the employee unable to perform the functions of his/her position (A “serious health condition” is defined as a condition that requires inpatient care at a hospital, hospice, or residential medical care facility, including any period of incapacity or any subsequent treatment in connection with such inpatient care or as a condition that requires continuing care by a licensed health care provider.)
This policy covers illnesses of a serious and long-term nature, resulting in recurring or lengthy absences. Generally, a chronic or long-term health condition that would result in a period of three (3) consecutive days of incapacity with the first visit to the health care provider within seven (7) days of the onset of the incapacity and a second visit within thirty (30) days of the incapacity would be considered a serious health condition. For chronic conditions requiring periodic health care visits for treatment, such visits must take place at least twice a year. 43
Employees with questions about what illnesses are covered under this FMLA policy or under the Company's sick leave policy are encouraged to consult with the Human Resources Department. If an employee takes paid sick leave for a condition that progresses into a serious health condition and the employee requests unpaid leave as provided under this policy, the Company may designate all or some portion of related leave taken as leave under this policy, to the extent that the earlier leave meets the necessary qualifications. Qualifying exigency leave for families of members of the National Guard or Reserves or of a regular component of the Armed Forces when the covered military member is on covered active duty or called to covered active duty. An employee whose spouse, son, daughter, or parent has been notified of an impending call or order to covered active military duty or who is already on covered active duty may take up to twelve (12) weeks of leave for reasons related to or affected by the family member’s call-up or service. The qualifying exigency must be one of the following: a) short-notice deployment b) military events and activities c) childcare and school activities d) financial and legal arrangements e) counseling f)
rest and recuperation
g) post-deployment activities h) additional activities that arise out of active duty, provided that the employer and employee agree, including agreement on timing and duration of the leave. For clarification, “covered active duty” is used to specifically refer: ●
In the case of a member of a regular component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country.
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In the case of a member of a reserve component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country under a call or order to active duty under a provision of law referred to in Title 10 U.S.C.§101(a)(13)(B).
The leave may commence as soon as the individual receives the call-up notice. (“Son” or “daughter” for this type of FMLA leave is defined the same as for “child” for other types of FMLA leave except that the person does not have to be a minor.) This type of leave would be counted toward the employee’s 12-week maximum of FMLA leave in a 12-month period. Military caregiver leave (also known as covered service member leave) to care for an injured or ill service member or veteran. An employee whose son, daughter, parent or next of kin is a covered service member may take up to 26 weeks in a single 12-month period to take care of leave to care for that service member. “Next of kin” is defined as the closest blood relative of the injured or recovering service member.
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The term covered “service member” means: ●
A member of the Armed Forces (including a member of the National Guard or Reserves) who is undergoing medical treatment, recuperation or therapy or is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.
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A veteran who is undergoing medical treatment, recuperation or therapy for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of five years preceding the date on which the veteran undergoes that medical treatment, recuperation or therapy.
The term “serious injury” or “illness” means: ●
In the case of a member of the Armed Forces (including a member of the National Guard or Reserves), an injury or illness that was incurred by the member in 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 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.
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In the case of a veteran who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during a period when the person was a covered service member, a qualifying (as defined by the Secretary of Labor) injury or illness that was incurred by the member in line of duty on an active duty in the Armed Forces (or that existed before the beginning of the member’s active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran.
AMOUNT OF LEAVE An eligible employee may take up to twelve (12) weeks for the first five (5) FMLA circumstances above (under heading “Type of Leave Covered”) under this policy during any 12-month period. The Company will measure the 12-month period as a rolling 12-month period measured backward from the date an employee uses any leave under this policy. Each time an employee takes leave, the Company will compute the amount of leave the employee has taken under this policy in the last twelve (12) months and subtract it from the twelve (12) weeks of available leave, and the balance remaining is the amount of time the employee is entitled to take at that time. An eligible employee can take up to twenty-six (26) weeks for the FMLA military caregiver leave circumstance above during a single 12-month period. For this military caregiver leave, the Company will measure the 12-month period as a rolling 12-month period measured forward. FMLA leave already taken for other FMLA circumstances will be deducted from the total of twenty-six (26) weeks available. If a husband and wife both work for the Company and each wishes to take leave for the birth of a child, adoption or placement of a child in foster care, or to care for a parent (but not a parent "in- law") with a serious health condition, the husband and wife may only take a combined total of twelve (12) weeks of leave. If a husband and wife both work for the Company and each wish to take leave to care for a covered injured or ill service member, the husband and wife may only take a combined total of twenty-six (26) weeks of leave. EMPLOYEE STATUS AND BENEFITS DURING LEAVE While an employee is on leave, the Company will continue the employee's health benefits during the leave period at the same level and under the same conditions as if the employee had continued to work.
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EMPLOYEE STATUS AFTER LEAVE An employee who takes leave under this policy may be asked to provide a fitness for duty (FFD) clearance from the health care provider. USE OF PAID AND UNPAID LEAVE All paid personal time off and sick leave runs concurrently with FMLA leave and must be exhausted before an unpaid leave begins. Disability leave for the birth of a child and for an employee's serious health condition, including workers' compensation leave (to the extent that it qualifies), will be designated as FMLA leave and will run concurrently with FMLA. INTERMITTENT LEAVE OR A REDUCED WORK SCHEDULE The employee may take FMLA leave in twelve (12) consecutive weeks, may use the leave intermittently (take a day periodically when needed over the year) or, under certain circumstances, may use the leave to reduce the workweek or workday, resulting in a reduced-hour schedule. In all cases, the leave may not exceed a total of twelve (12) workweeks (or twenty-six (26) workweeks to care for an injured or ill service member over a 12-month period). CERTIFICATION REQUIREMENTS You must provide the Company with medical certification from a healthcare provider each time you apply for FMLA leave. The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by this law. The Company is not requiring or requesting any information prohibited by law. CERTIFICATION FOR THE EMPLOYEE’S SERIOUS HEALTH CONDITION The Company will require certification for the employee’s serious health condition. The employee must respond to such a request within fifteen (15) days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave. CERTIFICATION FOR THE FAMILY MEMBER’S SERIOUS HEALTH CONDITION The Company will require certification for the family member’s serious health condition. The employee must respond to such a request within fifteen (15) days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave. CERTIFICATION OF QUALIFYING EXIGENCY FOR MILITARY FAMILY LEAVE The Company will require certification of the qualifying exigency for military family leave. The employee must respond to such a request within fifteen (15) days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave. CERTIFICATION FOR SERIOUS INJURY OR ILLNESS OF COVERED SERVICE MEMBER FOR MILITARY FAMILY LEAVE The Company will require certification for the serious injury or illness of the covered service member. The employee must respond to such a request within fifteen (15) days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave. RECERTIFICATION The Company may request recertification for the serious health condition of the employee or the employee’s family member when circumstances have changed significantly, or if the employer receives information casting doubt on the reason given for the absence, or if the employee seeks an extension 46
of his or her leave. Otherwise, the Company may request recertification for the serious health condition of the employee or the employee’s family member every six (6) months in connection with an FMLA absence. PROCEDURE FOR REQUESTING FMLA LEAVE All employees requesting FMLA leave must provide the Human Resources Manager with verbal or written notice of the need for the leave. Within five (5) business days after the employee has provided this notice, the Human Resources Manager will provide the employee with the DOL Notice of Eligibility and Rights. When the need for the leave is foreseeable, the employee must provide the employer with at least thirty (30) days' notice. When an employee becomes aware of a need for FMLA leave less than thirty (30) days in advance, the employee must provide notice of the need for the leave either the same day or the next business day. When the need for FMLA leave is not foreseeable, the employee must comply with the company’s usual and customary notice and procedural requirements for requesting leave. DESIGNATION OF FMLA LEAVE Within five (5) business days after the employee has submitted the appropriate certification form, the Human Resources Manager will provide the employee with a written response to the employee’s request for FMLA leave. INTENT TO RETURN TO WORK FROM FMLA LEAVE The Company may require an employee on FMLA leave to report periodically on the employee’s status and intent to return to work.
MATERNITY LEAVE It is Muffin Mam’s policy to treat pregnancy, childbirth, and related medical conditions according to the leave requirements outlined in the Family and Medical Leave Act of 1993 (FMLA). The Company also complies with all applicable local and state laws, and Americans with Disabilities Act (ADA). Muffin Mam is firmly committed to protecting the rights of expectant mothers and complying with Title VII of the 1964 Civil Rights Act as amended by the Pregnancy Discrimination Act of 1978. The Company’s policy is to treat women affected by pregnancy, childbirth, or related medical conditions in the same manner as other employees unable to work because of their physical condition in all employment aspects, including recruitment, hiring, training, promotion, and benefits. Should any provision of this policy be found to be inconsistent with an applicable legal requirement, the law shall prevail. All other provisions of this policy that are consistent with the law will remain in effect. In order to qualify for a maternity leave, we ask that employees make such a request in writing to their supervisors. Their personal physician's certification of their condition, plus the expected date of delivery, must be included in the written request. With the doctor's approval, associates may continue to work up to their expected delivery date, depending upon their medical circumstances and the nature of their jobs. The return to active employment should be no sooner than considered medically safe by a physician. It may sometimes be necessary to consult with an employee’s physician regarding any question of medical propriety that may arise. After the maximum legal leave period is exhausted, an extension may be granted, if a medical condition exists, that is substantiated by a physician.
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The maximum length of pregnancy leave allowed is six weeks for those employees who do not qualify for FMLA leave, as per applicable laws in the State of South Carolina. If the associate needs a longer leave due to medical complications, the employee should notify the Company as soon as possible. The additional leave will be treated the same as any other medical or disability leave. When the employee returns to work, the employee is entitled to return to the same or equivalent job with no loss of service or other rights or privileges. Should the employee not return to work when released by the physician, the employee will be considered to have voluntarily terminated any employment with Muffin Mam.
MILITARY LEAVE A military leave of absence will be granted to regular employees to attend scheduled drills or training or if called to active duty with the US Armed Services. A letter from the employee’s commanding officer is required to establish the dates of duty. The leave will be unpaid. However, employees may use any available paid time off to supplement his/her pay during this absence. Subject to the terms, conditions, and limitations of the applicable plans for which the employee is otherwise eligible, health insurance benefits will be provided by Muffin Mam if the uniformed service is for thirty (30) or fewer days at the normal cost to the employee. At that time, the employee will become responsible for the full costs of these benefits if he/she wishes coverage to continue. The employee may elect to continue that coverage for up to twenty-four (24) months after the absence begins, or the period of absence, whichever is shorter. When the employee returns from military leave, Muffin Mam will again provide benefits according to the applicable plans. Benefit accruals, such as paid time off or holiday benefits, will be suspended during the leave if the leave is longer than two (2) weeks and will resume upon the employee’s return to active employment. Employees on 2-week active duty training assignments or inactive duty training drills are required to return to work for the first regularly scheduled shift after the end of training, allowing reasonable travel time. Employees on military leave of more than thirty-one (31) days, but less than one hundred eighty (180) days, needs to apply for reinstatement within fourteen (14) days after the completion of military service. For leaves of one hundred eighty (180) days or more, the employee must apply for reinstatement within ninety (90) days from the completion of military service. Upon return from extended military leave, every reasonable effort will be made to return eligible employees to their previous position or a comparable one. They will be treated as though they were continuously employed for purposes of determining benefits based on length of service, such as the rate of paid time off accrual and any job seniority rights.
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BENEVOLENCE FUND POLICY Muffin Mam sponsors the administration of a financial program for employees to gift, donate, and/or contribute their accrued paid time off to other employees in need. This is an individual act on behalf of employees who wish to participate and is not a group related policy. For an employee to gift, donate, and/or contribute his/her accrued, unused paid time off, he/she must: ●
Have available accrued, unused paid time off to gift, donate, and/or contribute
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Be on an active status or on an approved leave of absence with the Company
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Complete and submit a request form to Human Resources no later than one (1) week before the effective payroll date to allow time for approval and payroll processing
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Comply with all areas cited in the Company policy regarding paid time off
For an employee to receive paid time off from fellow employees, he/she must: ●
Be in an active status or on an approved leave of absence with the Company and may not be in a resignation notice period
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Comply with all areas cited in the Company policy regarding paid time off
Please know that employees who are currently on a worker’s compensation leave are not eligible for this program. Usage of the benevolence fund is confidential, and payments will be made with the utmost discretion.
HUMAN RESOURCE FORMS All forms mentioned or referred to in this handbook are available in the Human Resources Department.
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MUFFIN MAM SIMPSONVILLE 3129 N. Industrial Drive Simpsonville, SC 29681
MUFFIN MAM LAURENS
830 Hunter Industrial Park Boulevard Laurens, SC 29360