TEAM MEMBER HANDBOOK
WELCOME ABOARD!
First and foremost, thank you for making the decision to join our incredible MarineMax Team! We are excited about the contributions you will make in your valued role with us.
We do more than sell boats; we live the boating lifestyle. We believe that we’re all United by Water, and this extends to our team as much as to our customers.
I would like to encourage you to carefully review all of the information provided in this guide. In it, we outline our guidelines and expectations for conduct, as well as what you can expect from us during your time here. We believe this information will help you to perform your job to the best of your abilities. We want your experience to be fulfilling and positive, and we hope you share in our vision to improve our industry.
The only reason we’re successful is because of the focus, passion, and drive of every person on our team. As I tend to say on an almost daily basis, “it’s all about the people.” I am confident that you will quickly discover that we are a great place to work, and our commitment to our team and our customers is industry leading. Please do not hesitate to contact me if I can do anything to make your experience better, or if you have any ideas on how we can better achieve our mission of exceeding the greatest expectations of our customers, our team members, and shareholders
Sincerely,
Brett McGill, CEO and President MarineMax
WELCOME ABOARD!
ABOUT MARINEMAX
MarineMax was born from the strategic vision of a leading group of America’s top marine retailers. They determined that a new and better way of doing business was needed for both the industry and its consumers. Offering extensive and expanded services for ever-increasing consumer demands and expectations, MarineMax has transcended the standard of delivering products and services previously defined by traditional marine retailers.
Our roots can be traced back more than 50 years to the beginnings of some operations. In the fall of 1997, talks of consolidation began, and in January of 1998, a corporate office, Team Support, was opened in Clearwater, Florida. In June, an initial public offering (IPO) was completed, and we became listed on the New York Stock Exchange under the symbol HZO. Since then, we have grown exponentially through both organic growth and acquisition. Some of our fast facts are listed below:
• MarineMax is the world’s largest recreational boat and yacht retailer, selling new and used recreational boats, yachts, and related marine products and services, as well as providing yacht brokerage and charter services.
• We have over 130 locations worldwide, including 80 retail dealership locations, some of which include marinas.
• Collectively, with the IGY acquisition, MarineMax owns or operates 59 marinas worldwide. Through Fraser Yachts and Northrop & Johnson, the Company also is the largest superyacht services provider, operating locations across the globe.
• Cruisers Yachts, a MarineMax company, manufactures boats and yachts with sales through our select retail dealership locations and through independent dealers. Intrepid Powerboats, a MarineMax company, manufactures powerboats and sells through a direct-to-consumer model. MarineMax provides finance and insurance services through wholly owned subsidiaries and operates MarineMax Vacations in Tortola, British Virgin Islands.
• To enhance and simplify the customer experience, we provide financing and insurance services as well as leading digital technology products that connect boaters to a network of preferred marinas, dealers, and marine professionals through Boatyard and Boatzon.
• With the continuous growth of technology, New Wave Innovations builds upon the foundation of Boatzon's online platform to enhance the customer-facing experience. This integration allows one to browse and complete the entire purchasing process of a boat, including selecting insurance and finance options, online.
• Since attaining Midcoast Construction Enterprises, LLC (“Midcoast Marine Group”), a leading fullservice marine construction company, MarineMax has gained value by adding cost-effective means to manage its growing marina portfolio and fulfill construction-based needs.
• By acquiring Williams Tenders USA, the world’s leading luxury jet tender manufacturer, MarineMax strengthens customer relations and builds upon its yachting sector through this enhancement, which includes 20 locations across the U.S. and the Caribbean.
We’re more than a dealer. Yes, we sell boats, but we are also a resource. Our customers get access to a wealth of experience that can match them with the perfect boat from our unparalleled diversity of
brands and models. We provide world-class service, financing and insurance, educational programs, access to Getaways!®️ trips and other boaters.
It’s an exciting time as we build upon our long history. Now more than ever, we are focused on sustainability through our efforts to understand our company’s impact on the environment, taking steps to reduce and minimize waste, and taking action to combat climate change. We also seek out manufacturers committed to sustainability, environmental stewardship, and lowering emissions. Our success, our growth, and our future are based on the focus, passion, and drive of every person on our team.
OUR MISSION
Our mission is to provide the world's best boating and yachting experience by consistently exceeding the greatest expectations of our customers, our team members and our stakeholders.
OUR VALUES
You are what makes MarineMax the amazing place it is. We expect our team members to demonstrate our values in their words, decisions, and actions every day.
• Honesty
• Integrity
• Trust
• Loyalty
• Professionalism
• Consistency
• Always Do What Is Right
• Treat Others with Respect
• Always Consider the Long Term
OUR PHILOSOPHY
At the core of our success is our extraordinary team, made up of incredible people who create joy in the lives of our customers and each other. We are all committed to changing the industry for the better, and this commitment, combined with our passion for boating, is what has allowed us to experience our successes.
As great as we think we are, we recognize that even the best can get better. We provide various internal and external training opportunities to help our team members truly become the “best of the best.”
While we are a $2 billion-dollar publicly traded company, we work hard to retain the high level of service and personal interaction found at a smaller company, often working together in a way that showcases special ties to the communities where we live and work. Each of our locations is unique and is inspired by their local communities, and we celebrate this diversity and uniqueness.
UNITED BY WATER
At MarineMax, we like to say that we’re all united by water. We have a passion for water and the boating lifestyle that we love to share. We are more than a dealer, we take pride in being a resource, and providing our customers access to a welcoming experience.
We’ve all heard it: the two best days in boating are the day you buy a boat and the day you sell it. Research has shown this is primarily due to the hassles and other negative experiences associated with the purchase process, service, boating education and eventually re-selling the boat.
In the past, most marine retailers delivered boats from substandard facilities and did not offer their customers service, dependability, or reliability. Today’s customers expect all of these “extras” as a normal part of doing business and purchasing a product. MarineMax recognized this opportunity and changed the customer’s experience. At MarineMax, we not only sell and teach about the boating lifestyle, but we also provide comprehensive training, giving us the ability to expand the boating experience, showing our customers how to have fun.
We believe that, by focusing on the adventure, pleasure, and lifestyle of boating and providing a hassle-free environment for the customer, we enhance the customer’s overall experience on the water.
02. COMING ON BOARD
Coming On Board
Diversity and Inclusion Statement
MarineMax is committed to providing a work environment where people feel heard, diverse perspectives are sought out and valued, and people are free to be their authentic selves. If you feel that this environment isn’t being upheld at any time, please reach out to your Human Resources Business Partner or the Director of Human Resources.
Equal Opportunity Statement
MarineMax is committed to the principles of equal employment. We are committed to complying with all federal, state, and local laws providing equal employment opportunities, and all other employment laws and regulations. It is our intent to maintain a work environment that is free of harassment, discrimination, or retaliation because of age (40 and older), race, color, national origin, ancestry, religion, sex, sexual orientation (including transgender status, gender identity or expression), pregnancy (including childbirth, lactation, and related medical conditions), physical or mental disability, genetic information (including testing and characteristics), veteran status, uniformed servicemember status, or any other status protected by federal, state, or local laws. MarineMax is dedicated to the fulfillment of this policy regarding all aspects of employment, including but not limited to recruiting, hiring, placement, transfer, training, promotion, rates of pay, and other compensation, discharge, and all other terms, conditions, and privileges of employment.
We will conduct a prompt and thorough investigation of all allegations of discrimination, harassment, or retaliation, or any violation of the Equal Employment Opportunity Policy in a confidential manner. We will take appropriate corrective action, if and where warranted. We prohibit retaliation against team members who provide information about, complain about, or assist in the investigation of any complaint of discrimination or violation of the Equal Employment Opportunity Policy.
We are all responsible for upholding this policy. You may discuss questions regarding equal employment opportunity with your manager, any other manager, your Human Resources Business Partner, or the Director of Human Resources.
Policy Against Workplace Harassment
MarineMax has a strict policy against all types of workplace harassment, including sexual harassment and other forms of workplace harassment based upon an individual's status protected by federal, state, or local laws. All forms of harassment of, or by, team members, vendors, visitors, customers, and clients are strictly prohibited and will not be tolerated.
Sexual Harassment
Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly as a term or condition of an individual's employment; (2) submission to, or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment. While it is not possible to identify every act that constitutes or may constitute sexual harassment, the following are some examples of sexual harassment:
• Unwelcome requests for sexual favors;
• Lewd or derogatory comments or jokes;
• Comments regarding sexual behavior or the body of another;
• Sexual innuendo and other vocal activity such as catcalls or whistles;
• Obscene letters, notes, emails, invitations, photographs, cartoons, articles, or other written or pictorial materials of a sexual nature;
• Repeated requests for dates after being informed that interest is unwelcome;
• Retaliating against another for refusing a sexual advance or reporting an incident of possible sexual harassment to MarineMax or any government agency;
• Offering or providing favors or employment benefits such as promotions, favorable evaluations, favorable assigned duties or shifts, etc., in exchange for sexual favors; and
• Any unwanted physical touching or assaults or blocking or impeding movements.
Other Harassment
Other workplace harassment is verbal or physical conduct that insults or shows hostility or aversion toward an individual because of their status protected by federal, state, or local laws.
Again, while it is not possible to list all the circumstances that may constitute other forms of workplace harassment, the following are some examples of conduct that may constitute workplace harassment:
• The use of disparaging or abusive words or phrases, slurs, negative stereotyping, or threatening, intimidating, or hostile acts that relate to any protected categories;
• Written or graphic material that insults, stereotypes, or shows aversion or hostility toward an individual or group due to their status related to protected categories and that is placed on walls, bulletin boards, email, voicemail, or elsewhere on our premises, or circulated in the workplace; and
• A display of symbols, slogans, or items that are associated with hate or intolerance toward any select group.
Reporting Discrimination and Harassment
If you feel that you have witnessed or have been subjected to any form of discrimination or harassment, immediately notify your manager, any manager, your Human Resources Business Partner, or the Director of Human Resources.
MarineMax prohibits retaliation against team members who, based on a reasonable belief, provide information about, complain, or assist in the investigation of any complaint of harassment or discrimination.
We will promptly and thoroughly investigate any claim and take appropriate action where we find a claim has merit. To the extent possible, we will retain the confidentiality of those who report suspected or alleged violations of the harassment policy.
Violations of this policy may result in reprimand, suspension, demotion, transfer, or the end of our employment relationship. If MarineMax determines that harassment or discrimination occurred, corrective action will be taken to effectively end the harassment. As necessary, we may monitor any incident of harassment or discrimination to assure the inappropriate behavior has stopped. In all cases, we will follow up as necessary to ensure that no individual is retaliated against for making a complaint or cooperating with an investigation.
MarineMax is firmly committed to a workplace free from abusive, bullying conduct. All team members have the right to be treated with dignity and respect. All complaints of negative and inappropriate workplace behaviors will be taken seriously and followed through to resolution. Any individual who files a complaint will not suffer negative consequences for reporting others for inappropriate behavior. Everything in this policy also applies to electronic communications by team members.
Our definition of abusive conduct includes, but is not limited to:
• Repeated verbal abuse in the workplace, including derogatory remarks, insults, and epithets;
• Verbal, nonverbal, or physical conduct of a threatening, intimidating, or humiliating nature in the workplace; or
• The sabotage or undermining of an individual's work performance in the workplace.
A single act generally will not constitute abusive conduct unless the conduct is determined to be severe and egregious.
Abusive conduct does not include:
• Coaching procedures in accordance with MarineMax policies.
• Routine counseling, including feedback about and correction of work performance.
• Reasonable work assignments, including shift, post, and overtime assignments.
• Individual differences in styles of personal expression.
• Passionate, loud expression with no intent to harm others.
• Differences of opinion on work-related concerns.
• The non-abusive exercise of managerial prerogative.
Managers and others in positions of leadership will:
• Provide a working environment as safe as possible by having preventative measures in place and by dealing immediately with threatening or potentially violent situations;
• Provide good examples by treating all with courtesy and respect;
• Ensure that all team members have access to and are aware of the abusive conduct prevention policy and explain the procedures to be followed if a complaint of inappropriate behavior at work is made;
• Be vigilant for signs of inappropriate behaviors at work through observation and information seeking, and take action to resolve the behavior before it escalates;
• Respond promptly, sensitively, and confidentially to all situations where abusive behavior is observed or alleged to have occurred.
You are expected to:
• Treat all team members with dignity and respect.
• Refrain from engaging in threatening, violent, intimidating, or other abusive conduct or behaviors.
• Assume personal responsibility to promote fairness and equity in the workplace and report any incidents of abusive conduct in accordance with this policy.
• Cooperate with preventative measures introduced by your manager and recognize that a finding of unacceptable behaviors at work will be dealt with through appropriate corrective action procedures.
Complaint Process
If you feel that you have been subjected to abusive conduct or have witnessed such conduct, report the matter verbally or in writing to your manager, any manager, your Human Resources Business Partner, or the Director of Human Resources. Your complaint should include details of each incident of abusive conduct, such as dates, times, locations, and any witnesses.
All team leaders, managers and leadership must report known incidents involving workplace abuse, bullying, intimidation, or violence to their Human Resources Business Partner or the Director of Human Resources in a timely manner. MarineMax will take reasonable steps to protect the complainant, including, but not limited to, ending our employment relationship with the person involved. The person complained against will be notified that an allegation has been made against him or her and will be informed of the investigative procedure.
Investigation
Investigations of abusive conduct will be conducted as soon as practicable and in accordance with MarineMax’s policies and practices. The objective of the investigation is to determine whether the behaviors complained of occurred, and therefore will include interviewing the complainant, accused, and any witnesses with direct knowledge of the alleged behaviors. All interviews will be appropriately documented. The investigation will be conducted thoroughly, objectively, with sensitivity, and with due respect for all parties. The investigator will provide a copy of the investigative report to the appointing authority for further action. All affected parties will be informed of the investigation's outcome.
Corrective Action
If abusive conduct is found, MarineMax will take immediate and appropriate corrective action. Remedies may be determined by weighing the severity and frequency of the incidences.
Any individual who engages in conduct that violates this policy or who encourages this type of conduct by others, or team leaders, managers, or leaders who fail to take immediate, appropriate action, will be subject to corrective action, up to and including the end of our employment relationship, or changes in job duties or location.
While MarineMax encourages all team members to raise any concern(s) under this policy and procedure, MarineMax recognizes that intentional or malicious false allegations can have a serious effect on innocent people. Individuals falsely accusing others of violations of this policy will be subject to corrective action in accordance with MarineMax policy.
Any individual exhibiting continuing emotional or physical effects from a reported incident will be directed toward established assistance programs or other available resources.
When abusive conduct has been confirmed, MarineMax will continue to review the situation and may take additional corrective actions if necessary. Preventative measures may also be taken to reduce the reoccurrence of similar behaviors or actions.
Confidentiality
To the extent permitted by law, MarineMax will maintain the confidentiality of each party involved in an abusive conduct investigation, complaint, or charge, provided it does not interfere with the ability to investigate the
allegations or to take corrective action. However, state law may prevent MarineMax from maintaining confidentiality of public records. Therefore, MarineMax cannot guarantee confidentiality.
Retaliation
Retaliation is any act of reprisal, interference, restraint, penalty, discrimination, intimidation, or harassment against an individual or individuals exercising rights under this policy. MarineMax will not retaliate or otherwise discriminate against team members who exercise their rights under this policy.
Disability Accommodation
MarineMax complies with the Americans with Disabilities Act (ADA), the Pregnancy Discrimination Act, and all applicable state and local fair employment practices laws and is committed to providing equal employment opportunities to qualified individuals with disabilities, including disabilities related to pregnancy, childbirth, and related conditions. Consistent with this commitment, we will provide reasonable accommodation to otherwise qualified individuals where appropriate to allow the individual to perform the essential functions of the job, unless doing so would create an undue hardship on the business.
If you require an accommodation because of your disability, it is your responsibility to notify your manager, Human Resources Business Partner, or the Director of Human Resources. You may be asked to include relevant information such as:
• A description of the proposed accommodation.
• The reason you need an accommodation.
• How the accommodation will help you perform the essential functions of your job.
After receiving your request, we will engage in an interactive dialogue with you to determine the precise limitations of your disability and explore potential reasonable accommodations that could overcome those limitations. Where appropriate, we may need your permission to obtain additional information from your medical provider. All medical information received in connection with a request for accommodation will be treated as confidential.
MarineMax encourages you to suggest specific reasonable accommodations that you believe would allow you to perform your job. However, we are not required to make the specific accommodation requested by you and may provide an alternative accommodation, to the extent any reasonable accommodation can be made without imposing an undue hardship.
If leave is provided as a reasonable accommodation, such leave may run concurrently with leave under the federal Family and Medical Leave Act and/or any other leave where permitted by state and federal law.
MarineMax will not discriminate or retaliate against team members for requesting an accommodation.
Religious Accommodation
MarineMax is dedicated to treating its team members equally and with respect and recognizes the diversity and importance of their religious beliefs. All team members may request accommodation when their religious beliefs cause a deviation from the dress code, the individual's schedule, basic job duties, or other aspects of employment. MarineMax will consider the request but reserves the right to offer its own accommodation to the
extent permitted by law. Some, but not all, of the factors that will be considered are cost, the effect that an accommodation will have on current established policies, and the burden on operations including other team members when determining a reasonable accommodation. At no time will MarineMax question the validity of a person's belief.
If you require a religious accommodation, speak with your manager, your Human Resources Business Partner, or the Director of Human Resources.
Employment Authorization Verification
New hires will be required to complete Section 1 of federal Form I-9 on the first day of paid employment and must present acceptable documents authorized by the U.S. Citizenship and Immigration Services proving identity and employment authorization no later than the third business day following the start of employment with MarineMax. If you are currently employed and have not complied with this requirement or if your status has changed, inform your manager.
MarineMax utilizes E-Verify to confirm work authorization in the United States. E-Verify is an internet-based system that compares information you submitted on Form I-9, Employment Eligibility Verification, to records available from the U.S. Department of Homeland Security (DHS) and Social Security Administration (SSA) to confirm your identity and that you are authorized to work in the United States.
If you are authorized to work in this country for a limited period of time, you will be required to submit proof of renewed employment eligibility prior to expiration of that period to remain employed by MarineMax.
03. PAY
Pay Pay Period
At MarineMax, the standard pay period is biweekly for all team members, unless state law requires us to pay weekly. Pay dates are designated by your geographic location and the state in which you are assigned. Pay week begins on Friday through Thursday midnight. If a pay date falls on a holiday, you will be paid on the preceding workday.
If you are paid commission, refer to your Compensation Plan. Commissions are paid in the regular payroll cycle.
Bonus payments are processed in the last payroll of the following month or quarter.
Review your paycheck for accuracy. If you find an issue, report it to your manager or email the payroll department at payrollssc@marinemax.com immediately.
Pay Administration and Deductions
MarineMax is required by law to make certain deductions from your pay each pay period, including deductions for federal income tax, Social Security and Medicare (FICA) taxes, and any other deductions required under state or local law or by court order for wage garnishments. The amount of your tax deductions will depend on your earnings and the information you list on your federal Form W-4 and applicable state withholding form. Permissible deductions for exempt team members may also include, but are not limited to, deductions for fullday absences for reasons other than sickness or disability and certain suspensions. You may also authorize certain voluntary deductions from your paycheck where permissible under state law. Your deductions will be reflected in your wage statement. If you have any questions about deductions from your pay, contact your manager.
MarineMax will not make deductions to your pay that are prohibited by federal, state, or local law. Review your paycheck for errors each pay period and immediately report any discrepancies to your manager.
You will be reimbursed in full for any isolated, inadvertent, or improper deductions, as defined by law. If an error is found, you will receive an immediate adjustment, which will be paid no later than your next regular payday.
We will not retaliate against team members who report erroneous deductions in accordance with this policy.
Direct Deposit
MarineMax encourages all team members to enroll in direct deposit. If you would like to take advantage of direct deposit, visit the self-service portal in UKG, our HRIS platform, to set up direct deposit. Typically, the bank will begin the direct deposit of your payroll within 14 calendar days after you submit your completed application.
If you have selected the direct deposit payroll service, a written explanation of your earnings and deductions will be provided to you in the UKG Self Service Portal in lieu of a check on each payday.
Attendance
We know all too well that rough seas can happen with no warning. As soon as you know that you will be absent or late, reach out to your manager either by phone or email to let them know, as well as when you expect to return When possible, absences should be reported within one hour of your scheduled start time. We reserve the right to request documentation related to your delayed start or absence where permitted by state or local law. We will apply unused PTO to unplanned absences when permitted by state or local law.
If you fail to show up for work or call in for your absence for a period of three (3) consecutive days, you will be considered to have abandoned your job and voluntarily resigned from MarineMax.
Failure to report an absence within these guidelines may result in corrective action, up to and including the end of our employment relationship
Pay Classifications
Your position with us may be classified by any of the following classifications, based on whether you’re eligible to receive overtime pay, and whether you’re considered full time or part time.
Exempt
If you are classified as exempt at the time of your hiring, you are not eligible for overtime pay as otherwise required by federal, state, or local laws. If you have a question regarding whether you are exempt or nonexempt, contact your manager for clarification.
Nonexempt
If you are classified as nonexempt at the time of your hiring, you will be eligible for minimum wage and overtime pay in accordance with federal, state, and local laws. If you have a question regarding whether you are exempt or nonexempt, contact your manager for clarification.
Regular Full-Time
Regular full-time team members are those who have completed their introductory period and are regularly scheduled to work more than 30 hours per week. Unless stated otherwise or specifically permitted by law, all the benefits provided to team members at MarineMax are for regular full-time team members only. This includes vacation, holiday pay, health insurance, and other benefits coverage.
Regular Part-Time
All team members who work fewer than 30 hours per week are considered part time. Part-time team members are not eligible for MarineMax benefits unless specified otherwise in this handbook, in the benefit plan summaries, or specifically permitted by law.
Seasonal Full-Time
Seasonal full-time team members are those who are hired to work for a defined season for 30 hours or more per week Typically, seasonal team members are ineligible for benefits unless otherwise required by law.
Seasonal
Part-Time
Seasonal part-time team members are those who are hired to work for a defined season for 29 hours or less per week. Typically, seasonal team members are ineligible for benefits unless otherwise required by law.
Introductory Period
The first 60 days of your employment is considered an introductory period. During this period, you will become familiar with MarineMax and your job responsibilities, and we will have the opportunity to evaluate your performance and make any necessary adjustments to your job description or responsibilities. Completion of this introductory period does not imply guaranteed or continued employment. Nothing that occurs during or after this period should be construed to change the nature of the "at-will" employment relationship.
Paid time Off is not available during the introductory period. If you have an emergency or pre-planned time you are unable to work situation, please speak to your hiring manager as soon as possible.
Recording Time
MarineMax is required by applicable federal, state, and local laws to keep accurate records of hours worked by certain team members. To ensure that MarineMax has complete and accurate time records and that team members are paid for all hours worked, nonexempt team members are required to record all working time using UKG. Time worked is any time in which you’re actually doing work; we expect you to clock out if you stop working for 30 minutes or longer, such as meal and rest breaks.
Notify your manager if you forget to clock in or out, or if you notice any issues with your timecard or paycheck right away.
Any kind of tampering with time records, including misrepresentation of time worked, is completely prohibited. This includes clocking in or out for a coworker, changing your own time records, or asking others to work off the clock. A manager should never ask you to work off the clock; if they do, notify your Human Resources Business Partner or Director of Human Resources immediately.
Meal and Rest Periods
MarineMax strives to provide a safe and healthy work environment and complies with all federal and state regulations regarding meal and rest periods. Check with your manager regarding procedures and schedules for rest and meal breaks. MarineMax requests that team members accurately observe and record meal and rest periods. If you know in advance that you may not be able to take your scheduled break or meal period, let your manager know; in addition, notify your manager as soon as possible if you were unable to or prohibited from taking a meal or rest period. Some states may have break requirements; please check the state appendix to make sure that you’re taking breaks as required by your state.
Overtime
If you are an hourly nonexempt, you may qualify for overtime pay. All overtime must be approved in advance by your manager.
At certain times, we may require you to work overtime. We will attempt to give as much notice as possible in this instance. However, advance notice may not always be possible. Working unauthorized overtime may result in corrective action, up to and including the end of our employment relationship.
Unless otherwise required or exempted by law, overtime pay of one and one-half times your regular rate of pay is paid for any hours worked in excess of 40 hours in a workweek. Holidays and PTO do not count as time worked for computing overtime.
Business Expenses
Approved business expenses are the reasonable and necessary expenses incurred by team members in completing business on our behalf. If you aren’t sure if something qualifies as a business expense, check with your manager before purchasing. This policy outlines the expenses that are eligible for reimbursement or paid via Procurement Card (P-Card) and how we reimburse for expenses incurred by our team members. Full details and questions concerning procedure documentation can be obtained from Shared Services.
We recognize that business travel and entertainment expenses are incurred in order to further business objectives for many team members. The following guidelines outline the policies and procedures related to these expenses and should assist you in dealing with the majority of common business expense situations. As part of a publicly held company, MarineMax team members should be mindful of their fiduciary responsibility when incurring expenses on behalf of the company. For those situations not covered in the guidelines, we rely on the business ethics, common sense, and professional discretion of our team members. If confronted with a situation that you believe is not sufficiently covered within the guidelines, you should seek additional guidance and clarification from your Manager, Regional Controller, or Director of Human Resources prior to incurring the expense.
Furthermore, it is the responsibility of every MarineMax team member to review and adhere to these guidelines. These guidelines will be periodically reviewed and updated, and it is the team member’s responsibility to ensure that expenses are in accordance with the current policy prior to incurring the expense. Finally, team members who do not comply with this policy may be subject to withholding of reimbursement or disciplinary action, up to and including termination.
At Marine Max, a reimbursable business expense incurred by a Team Member can be described as one that (a) provides a direct benefit to MarineMax, and (b) is reasonable and appropriate, and (c) must be substantiated with evidence of the amount, time, place and business purpose of the expense. If all of these situations are true, then the expense should be submitted for reimbursement or is eligible for P-Card use in accordance with these guidelines.
Documentation
All expenses greater than $75 require the original receipt, as well as detailed documentation of the purpose and attendee(s). Receipts should itemize what items were purchased; credit card statements are not considered a valid receipt in place of the above.
Expenses less than $75 require detailed documentation of the purpose and attendees; a receipt is encouraged but not required.
Expense reporting forms are found in the SAP Concur system; completed expense reports must be submitted within 30 days of incurring the expense. Expense reports turned in after this time period may not be
reimbursed, unless otherwise required by state or local law. Documentation and reporting requirements must be followed whether the purchase was made using a P-Card or a personal credit card.
Personal Expenses
P-Cards should not be used for any personal expenses. If you accidentally use your P-Card for a personal expense, notify your manager immediately, and we will work with you to get the expense reimbursed. Repeated personal charges to your P-Card may result in the loss of the P-Card, and other corrective action, up to and including the end of our employment relationship.
P-Cards
Team Members in certain positions may be issued a MarineMax P-Card. P-Cards are to be used for approved business expenses only; repeated violations of our expense policy, repeated use of a P-Card for personal expenses, or other violations may result in the loss of the P-Card, or other corrective action as necessary.
Meals + Entertainment
Personal meals are defined as meals consumed by a team member while dining alone on an out-of-town business trip and have a limit of $59 per full day or $29.50 for half-day trips. Any exceptions to these limits must be pre-approved in writing.
Business and entertainment meals are defined as meals and/or events attended with customers or other team members for a specific purpose, and are approved at the actual amount incurred, including tax and tip. The most senior team member present should pay for these types of meals and events, and all team members are expected to use reasonable judgment in determining the appropriate limits. Premium or luxury restaurants and venues should not be used unless pre-approved in writing by your manager. Spouses and other personal attendees are not eligible for reimbursement or approval, unless pre-authorized by your manager.
Gifts
Gifts, when pre-approved, should be presented as being from the MarineMax Team and not an individual. Written pre-approval is required for all gift purchases. For purchases less than $150, approval should be received from your manager; for purchases greater than $150, approval must be received from the Regional President. Documentation must include the name and company of the gift recipient
Travel Expenses
We pay the actual amounts incurred for appropriate expenses when you are on travel assignments. Family member expenses are not considered an approved expense, unless otherwise stated in writing before the trip by a senior manager Generally speaking, team members may retain rewards points for hotel and airfare purchases, however, preference and memberships should not be a considering factor when booking travel.
Examples of typical expenses include the following:
• Airline tickets
• Meals and lodging
• Car rental, bus, taxi, parking
• Telephone and fax
• Laundry and dry cleaning (trips exceeding one week only, unless emergency)
• Business supplies and services
• Associated gratuities
• Other expenses necessary to achieve the business purposes.
Air Travel
Use coach or economy airfares when traveling on MarineMax business. We request that airline tickets are purchased as far in advance as practical to ensure the best price Upgrades to business or first class are considered personal expenses and will not be approved. Private, noncommercial aircraft or chartered aircraft is not to be used, and no more than two officers should travel together on the same flight.
Hotels
We expect team members to use hotels that cater to business travel and offer conveniences like free internet and breakfast whenever possible
Insurance
We do not pay for personal travel insurance for team members.
Rental Cars
You are to use rental firms with whom we have existing relationships and, where feasible, have negotiated discount rates. Available reasonable transportation is to be used.
Personal Vehicles
When using your own vehicle for business purposes, you must maintain insurance coverage as required by law and may not have more than 2 points on your driving record. Travel between your home and primary office is not considered to be business travel. You may not use your personal vehicle for business travel without authorization. Unless otherwise defined in your job description, every attempt should be made to utilize the use of courier and delivery services in order to avoid hazard of liability and the time away from work. You will be reimbursed for vehicle use at the standard IRS mileage rate. The CEO must authorize any deviation from this policy.
Reporting
Report approved expenses and include a description of the expense, its business purpose, date, place, and the participants.
Travel Time Pay
Some nonexempt positions within MarineMax require travel. We pay nonexempt team members for travel time in accordance with federal and state law. For the purpose of this policy, nonexempt team members should check with their manager to determine their regular workday.
Home to Work Travel
If you travel from home before the regular workday and return to your home at the end of the workday, you are engaged in ordinary home to work travel, which is not work time.
Home to Work on a Special One Day Assignment in Another City
If you regularly work at a fixed location in one city and you are given a special one-day assignment in another city, but return home the same day, the time spent in traveling to and returning from the other city is work time, except that MarineMax may deduct/not count that time you would normally spend commuting to the regular work site.
Travel That Is All in a Day's Work
Your time spent in travel as part of your principal activity, such as travel from job site to job site during the workday, is work time and must be counted as hours worked.
Travel Away from Home Community
Travel that keeps you away from home overnight is travel away from home. Travel away from home is clearly work time when it cuts across your workday. The time is not only hours worked on regular working days during normal working hours but also during corresponding hours on nonworking days. MarineMax will not consider as work time that time spent in travel away from home outside of your regular working hours as a passenger on an airplane, train, boat, bus, or automobile.
Work Performed While Traveling
Any work you perform while traveling must be counted as hours worked.
Calculating and Reporting Travel Time
You are responsible for accurately tracking, calculating, and reporting your travel time.
04. BENEFITS
Benefits
MarineMax appreciates the dedication of our team members and provides best-in-class benefits to help support each person’s whole wellbeing. The details of each of our benefit programs can be found in our benefits guides, or the respective plan’s Summary Plan Description (SPD). You can request copies of these documents from your Human Resources Benefits Team
401(k) Plan
401(k) plans allow our team to save for retirement by providing tax-advantaged and convenient ways to set aside funds for their future. Team members who are at least 18 years old and have worked for us for 90 days are eligible to participate and will be sent additional enrollment information by Empower or by reaching out your Human Resources Benefits Team.
Employee Stock Purchase Plan
The Employee Stock Purchase Plan (ESPP) offers you the opportunity to purchase MarineMax stock through post-tax payroll deductions at a discount from the market value. You are eligible to participate in the ESPP after one year of service as defined in the ESPP Document. Complete information will be provided to you prior to your participation eligibility date. You can obtain this information by reaching out the Human Resources Benefits Team or by referencing our benefits guide.
Health Insurance
MarineMax offers several benefit plan options to our full-time team members. Eligibility requirements and plan details are listed in our benefits materials and in the SPD for each plan. Reach out to your Human Resources Benefits Team for enrollment instructions or plan details.
• Medical
• Dental
• Vision Care
• Flexible Spending Account (FSA) contributions
• Voluntary Ancillary Benefits
• Long- and Short-Term Disability
• Life Insurance
• Pet Insurance
MarineMax-Sponsored Life Insurance
MarineMax pays for a life insurance policy for all full-time team members You also have the option to purchase additional coverage during your enrollment period Please see benefits guide for more information.
COBRA
The Consolidated Omnibus Budget Reconciliation Act (COBRA) provides the opportunity for eligible MarineMax team members and their beneficiaries to continue health insurance coverage under our health plan when a "qualifying event" could result in the loss of eligibility. Qualifying events include resignation, discharge of employment, death of a team member, reduction in hours, a leave of absence, divorce or legal separation, entitlement to Medicare, or where a dependent child no longer meets eligibility requirements.
Team members or eligible dependents opting to continue coverage under COBRA must pay the total applicable premium plus a 2% administrative fee.
Holidays
Because of the retail nature of our business, MarineMax is often open during traditional holidays, and therefore, the paid holidays we offer vary based on location and region. MarineMax observes eight (8) federal holidays . Check with your manager or Human Resources Business Partner for your region’s holiday schedule.
Regular Part-time Team Members are eligible for 50% of the Holiday Pay (4 hours). Seasonal Team Members are not eligible for Holiday Pay.
For team members scheduled to work on a paid holiday, you will be paid straight time unless otherwise required by state or local law. We will also offer you the opportunity to take a paid day off in the future.
MarineMax Observed Holidays
New Year’s Day
Memorial Day
Independence Day Labor Day
Thanksgiving Day After Thanksgiving
Christmas Eve
Christmas Day
When a holiday falls on a Saturday, it will be observed the preceding Friday. Holidays falling on a Sunday will be observed the following Monday.
You will be compensated for holidays in accordance with federal and state law.
Paid Time Off (PTO)
Every person has a full life outside of work, and our PTO policy was created to help our team members balance their time inside and outside of work however works best for them. PTO is yours to use for any reason you need time away from work including rest, relaxation, vacation, caring for a sick loved one, and/or recovering from an illness yourself. Team Members are required to use available Paid Time Off before requesting unpaid time off.
Eligibility and Accrual
All full-time regular team members are granted PTO on their start date, however, MarineMax requires completion of the introductory period prior to use. If you are sick or have an emergency need for PTO during your introductory period, please reach out to your manager or your Human Resources Business Partner.
Regular Part-time team members are eligible for 50% of the PTO Plan based on their tenure. Seasonal team members are not eligible for PTO. Beyond your initial year with us, you will be granted PTO at the next-highest level beginning in January.
Ex: Jane Doe started May 1. From May 1 – December 31 of her hire year, Jane is granted PTO prorated based on her starting date. Starting January 1 of the following year, Jane will be granted PTO at the next level, which equates to 15 days of PTO per calendar year.
Requests for Time Away from Work
You must request PTO from your manager as far in advance as possible, but at least two weeks in advance for planned absences Requesting PTO in advance allows your manager and department to make necessary arrangements to cover your position so that business operations are not affected.
We will generally grant requests for PTO when possible, taking business needs into consideration, but may reject a PTO request in its sole discretion. Additionally, due to seasonable demands, some MarineMax locations do not permit scheduled PTO during peak times.
Team members must request PTO through UKG and receive approval from their manager.
During a Leave of Absence
MarineMax may require you to use any unused PTO during disability or family medical leave, or any other leave of absence, where permissible under local, state, and federal law.
Carryover
You may not carry unused PTO over to the following year unless required by state or local law. Any unused PTO will be forfeited at the end of the calendar/fiscal year, unless prohibited by state or local law
If You Should Leave
If your employment with MarineMax ends, we do not pay out unused PTO unless otherwise required by state or local law.
Bereavement Leave
The grief and sense of loss that accompanies when someone you know passes cannot be appropriately navigated while working. We understand that everyone processes grief differently and may need additional support.
All team members are eligible for three (3) days of paid bereavement leave for the death of an immediate family member. You may use available PTO if additional time is needed.
You must provide notice of your need for bereavement leave as far in advance as possible. We reserve the right to require documentation supporting your need for bereavement leave.
An immediate family member is defined as your or your spouse’s:
• Child, sibling, or spouse
• Parent, stepparent, or legal guardian
• Grandchild or grandparent
Parental Leave
Parental Leave under this policy is a paid leave associated with the birth of a team member’s own child or the placement of a child with the team member in connection with adoption or foster care. The purpose of Paid Parental Leave is to enable the team member to care for and bond with a newborn or a newly adopted or newly placed child. This policy will run concurrently with Family and Medical Leave Act (FMLA) leave, as applicable.
Eligible team members must meet the following criteria:
• Have been employed with MarineMax for at least 12 months (the 12 months do not need to be consecutive).
• Have worked at least 1,250 hours during the 12 consecutive months immediately before the first day of the requested leave.
• Be a full- or part-time, regular team member (temporary team members and interns are not eligible for this benefit). In addition, team members must meet one of the following criteria:
o Expanding their family through the birth of a child or welcomed a child through surrogacy.
o Have adopted a child or been placed with a foster child (in either case, the child must be age 17 or younger unless the child has mental or other disabilities, in which case children over the age of 17 qualify). The adoption of a new spouse’s child is excluded from this policy.
You may request Paid Parental Leave benefits if you meet the FMLA eligibility requirements and have FMLA entitlement remaining as of the birth or placement of your child at the start of your leave. Parents who are not entitled to FMLA leave, or do not have any FMLA entitlement remaining as of the birth/placement of the child at the start of their leave, can obtain up to four (4) weeks of Paid Parental Leave.
Guidelines
Qualifying Paid Parental Leave:
If you have both eligibility and entitlement for FMLA leave, MarineMax will grant up to eight (8) weeks of Paid Parental Leave. The entire eight (8) weeks of qualifying Parental Leave must be completed within six (6) months of the birth/placement of the child.
Non-Qualifying Paid Parental Leave:
If you are not FMLA-eligible or have exhausted your FMLA allotment as of the birth/placement of your child, you may take up to four (4) weeks of Paid Parental Leave within six (6) months of the birth/placement of your child.
The Paid Parental Leave benefit is available per birth, adoption or placement of a child/children. The fact that a multiple birth, adoption or placement occurs (e.g., the birth of twins or adoption of siblings) does not increase the 8-week total amount of Qualifying Paid Parental Leave or the 4-week total amount of Non-Qualifying Paid Parental Leave granted for that event. In addition, in no case will a team member receive more than 8 weeks of qualified Paid Parental Leave in a rolling 12-month period, regardless of whether more than one birth, adoption or foster care placement event occurs within that 12-month time frame.
• Each week of Paid Parental Leave is compensated at 100 percent of the team member’s regular, straighttime weekly base pay. In cases where paid leave is provided by either Short Term Disability, paid state leave, or both, MarineMax will pay the difference between the provided compensation and the team
member’s salary to equal 100% of base pay. Paid Parental Leave will be paid on a biweekly basis on regularly scheduled pay dates.
• If the team member is eligible for short term disability, state disability or State FMLA pay, MarineMax will pay the difference between the third-party payment and 100% of their regular straight time base pay.
o Once the team member receives approval for payment from a third-party, they are required to notify the benefits team of the approval and the amount.
o In the event of a payment delay with the third-party, MarineMax will pay the team member a biweekly or weekly estimate of 40% of their regular straight time base pay. The payments will be reconciled once notification/approval is received. This could result in monies due to or from the team member
• Approved Paid Parental Leave may be taken at any time during the 6-month period immediately following the birth, adoption or placement of a child with the team member. Paid Parental Leave may not be used or extended beyond this 6-month time frame.
• Team members may take Paid Parental Leave in increments of one day (8 hours) and must use all Paid Parental Leave during the 6-month time frame indicated above. Parental Leave days do not necessarily need to be used consecutively. Any unused Paid Parental Leave will be forfeited at the end of the 6-month time frame.
• Unused Paid Parental Leave will not be paid out at the end of our employment relationship.
Coordination with Other Policies
Qualified Paid Parental Leave taken under this policy will run concurrently with leave under the FMLA; thus, any leave taken under this policy that falls under the definition of circumstances qualifying for leave due to the birth or placement of a child due to adoption or foster care, the leave will be counted toward the 12 weeks of available FMLA leave per a 12-month period. All other requirements and provisions under the FMLA will apply. In no case will the total amount of leave whether paid or unpaid granted to the team member under the FMLA exceed 12 weeks during the 12-month FMLA period. Please refer to the Family and Medical Leave Policy for further guidance on the FMLA.
After the Paid Parental Leave is exhausted, the balance of FMLA leave (if applicable) will be compensated through Paid Time Off (PTO). Upon exhaustion of PTO, any remaining leave will be unpaid leave. Please refer to the Family and Medical Leave Policy for further guidance on the FMLA.
MarineMax will maintain all benefits for team members during the Paid Parental Leave period just as if they were taking any other company paid leave such as Paid Time Off (PTO).
If a company holiday occurs while the team member is on Paid Parental Leave, such day will be charged to holiday pay; however, such holiday pay will not extend the total Paid Parental Leave entitlement.
A team member who takes Paid Parental Leave that does not qualify for FMLA leave will be afforded the same level of job protection for the period of time that the team member is on Paid Parental Leave as if the team member was on FMLA-qualifying leave.
Requests for Paid Parental Leave
The team member will provide their manager and Human Resources Business Partner with notice of the request for leave at least 30 days prior to the proposed date of the leave (or if the leave was not foreseeable, as soon as possible).
The team member must complete the necessary Human Resources forms and provide all documentation as required by the Human Resources department to substantiate the request
Accommodations for Nursing Persons
We fully understand that returning to work after having a baby can be challenging in so many ways. We will happily provide private space that isn’t a bathroom, and at least three 20-minute paid breaks in an 8-hour shift, to our new parents who need to express breast milk during the workday for up to a year after the baby is born. Before your return to work, please reach out to your manager and Human Resources Business Partner to ensure there is a private space available and to create a break schedule that works best for everyone. We will also provide refrigerated space for your expressed breast milk; please label your milk to avoid confusion for other team members who may share the refrigerator space.
As you transition back to working, let us know if there are other ways we can help support you. Both your manager and Human Resources are great places to go to talk through what you might need. Please refer to our benefits guide to explore new parent resources available, or reach out to the HR Benefits Team.
Family and Medical Leave (FMLA)
In accordance with the Family and Medical Leave Act of 1993 (FMLA), MarineMax provides up to 12 or 26 weeks of unpaid, job-protected leave in a 12-month period to covered team members in certain circumstances.
To qualify for FMLA leave, you must:
1. Have worked for MarineMax for at least 12 months, although it doesn’t need to be consecutive;
2. Worked at least 1,250 hours in the last 12 months; and
3. Be employed at a worksite that has 50 or more team members within 75 miles.
Reasons for Leave
You may take up to 12 weeks of unpaid FMLA leave in a 12-month period for any of the following reasons:
• The birth of a child and in order to care for that child (leave must be completed within one year of the child's birth);
• The placement of a child with you for adoption or foster care and in order to care for the newly placed child (leave must be completed within one year of the child's placement);
• To care for a spouse, child, or parent with a serious health condition;
• To care for your own serious health condition, which makes you unable to perform any of the essential functions of your position; or
• A qualifying exigency of a spouse, child, or parent who is a military member on covered active duty or called to covered active-duty status (or has been notified of an impending call or order to covered active duty).
The 12-month period measured backward from the date a team member uses FMLA leave
You may take up to 26 weeks of unpaid FMLA leave in a single 12-month period, beginning on the first day that you take FMLA leave to care for a spouse, child, or next of kin who is a covered service member and who has a serious injury or illness related to active duty service.
• Spouse means a husband or wife as recognized under state law for the purposes of marriage in the state or other territory or country where the marriage took place.
• Child means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age 18 or age 18 or older and incapable of self-care because of a mental or physical disability at the time FMLA leave is to commence. A child for the purposes of military exigency or military care leave can be of any age.
• Parent means a biological, adoptive, step, or foster parent or any other individual who stood in loco parentis to you when you were a child.
• Next of kin for the purposes of military care leave is a blood relative other than a spouse, parent, or child in the following order: brothers and sisters, grandparents, aunts and uncles, and first cousins. If a military service member designates in writing another blood relative as his or her caregiver, that individual will be the only next of kin. In appropriate circumstances, you may be required to provide documentation of next of kin status.
• Serious health condition means an illness, injury, impairment, or physical or mental condition that involves either inpatient care or continuing treatment by a health care provider. Ordinarily, unless complications arise, cosmetic treatments and minor conditions such as the cold, flu, earaches, upset stomach, minor ulcers, headaches (other than migraines), and routine dental problems are examples of conditions that are not serious health conditions under this policy. If you have any questions about the types of conditions that may qualify, contact your Human Resources Business Partner
• Health care provider means a medical doctor or doctor of osteopathy, physician assistant, podiatrist, dentist, clinical psychologist, optometrist, nurse practitioner, nurse-midwife, clinical social worker, or Christian Science practitioner licensed by the First Church of Christ. Under limited circumstances, a chiropractor or other provider recognized by our group health plan for the purposes of certifying a claim for benefits may also be considered a health care provider.
• Qualifying exigencies for military exigency leave include:
o Short-notice call-ups/deployments of seven days or less (Note: Leave for this exigency is available for up to seven days beginning the date of call-up notice);
o Attending official ceremonies, programs, or military events;
o Special childcare needs created by a military call-up including making alternative childcare arrangements, handling urgent and nonroutine childcare situations, arranging for school transfers, or attending school or daycare meetings;
o Making financial and legal arrangements;
o Attending counseling sessions for yourself, the military service member, or the military service members' son or daughter who is under 18 years of age or is 18 or older but incapable of selfcare because of a mental or physical disability;
o Rest and recuperation (Note: Fifteen days of leave is available for this exigency per event);
o Post-deployment activities such as arrival ceremonies, re-integration briefings, and other official ceremonies sponsored by the military (Note: Leave for these events are available for 90 days following the discharge of active-duty status). This type of leave may also be taken to address circumstances arising from the death of a covered military member while on active duty;
o Parental care when the military family member is needed to care for a parent who is incapable of self-care (such as arranging for alternative care or transfer to a care facility); and
o Other exigencies that arise that are agreed to by both MarineMax and you.
• A serious injury/illness incurred by a service member in the line of active duty or that is exacerbated by active duty is any injury or illness that renders the service member unfit to perform the duties of his or her office, grade, rank, or rating.
Notice and Leave Request Process
If the need for leave is foreseeable because of an expected birth/adoption or planned medical treatment, you must give at least 30 days’ notice. If 30 days' notice is not possible, give notice as soon as practicable (within one or two business days of learning of your need for leave). Failure to provide appropriate notice may result in the delay or denial of leave.
In addition, if you are seeking intermittent or reduced schedule leave that is foreseeable due to planned medical treatment or a series of treatments for yourself, a family member, or covered service member, you must consult with MarineMax first regarding the dates of this treatment to work out a schedule that best suits your needs or the needs of the covered military member, if applicable, and MarineMax.
If the need for leave is unforeseeable, provide notice as soon as possible. Normal call-in procedures apply to all absences from work, including those for which leave under this policy may be requested. Failure to provide appropriate notice may result in the delay or denial of leave.
Certification of Need for Leave
If you are requesting leave because of your own or a covered relative's serious health condition, you and the relevant health care provider must supply appropriate medical certification. You may obtain Medical Certification forms from your Human Resources Business Partner. When you request leave, MarineMax will notify you of the requirement for medical certification and when it is due (at least 15 days after you request leave). If you provide at least 30 days' notice of medical leave, you should also provide the medical certification before leave begins. Failure to provide requested medical certification in a timely manner may result in denial of FMLA-covered leave until it is provided.
At our expense, MarineMax may require an examination by a second health care provider designated by us. If the second health care provider's opinion conflicts with the original medical certification, we, at our expense, may require a third, mutually agreeable, health care provider to conduct an examination and provide a final and binding opinion. Subsequent medical recertification may also be required. Failure to provide requested certification within 15 days, when practicable, may result in delay of further leave until it is provided.
MarineMax also reserves the right to require certification from a covered military member's health care provider if you are requesting military caregiver leave and certification in connection with military exigency leave.
Absence Notification Procedures
In all instances of absence, established notification procedures for giving notice of absence from work must be followed.
Paid Leave Utilization During FMLA Leave
FMLA leave is unpaid; however, you will be required to substitute any available, unused PTO for unpaid FMLA leave as permitted by law. You may maintain a balance of up to 80 hours for future use.
Many states now provide Paid FMLA, which is generally a percentage of your gross earnings. MarineMax will not subsidize these payments with PTO other than the elimination period, unless required by state law.
If you have Short- or Long-Term Disability, MarineMax will not subsidize these payments with PTO other than the elimination period, unless required by state law
Your FMLA leave runs concurrently with other types of leave, such as paid leave that is substituted for unpaid FMLA leave and any state family leave laws, to the extent allowed by state law. The substitution of paid leave for unpaid FMLA leave does not extend the 12 or 26 weeks (whichever is applicable) of FMLA leave. In addition, the substitution of paid leave for unpaid leave may not result in your receipt of more than 100 percent of your salary.
If you are receiving short- or long-term disability or workers' compensation benefits during a personal medical leave, you will not be required to utilize available paid leave..
Intermittent Leave
If medically necessary, FMLA leave for a serious health condition may be taken intermittently (in separate blocks of time due to a serious health condition) or on a reduced leave schedule (reducing the usual number of hours you work per workweek or workday). FMLA leave may also be taken intermittently or on a reduced leave schedule for a qualifying exigency relating to covered military service.
As FMLA leave is unpaid, MarineMax will reduce your salary based on the amount of time actually worked. In addition, while you are on an intermittent or reduced schedule leave that is foreseeable due to planned medical treatments, MarineMax may temporarily transfer you to an available alternative position that better accommodates your leave schedule and has equivalent pay and benefits.
Parental Leave Under FMLA
Parental leave under FMLA must be completed within 12 months of the birth or placement of the child; however, you may use parental leave before the placement of an adopted or foster child to consult with attorneys, appear in court, attend counseling sessions, etc.
Family Care, Personal Medical, Military Exigency, and Military Care Leave
Leave taken for these reasons may be taken in a block or blocks of time. In addition, if a health care provider deems it necessary or if the nature of a qualifying exigency requires, leave for these reasons can be taken on an intermittent or reduced-schedule basis.
Fitness for Duty Requirements
If you take leave because of your own serious health condition (except if you are taking intermittent leave), you are required, as are all team members returning from other types of medical leave, to provide medical certification that you are fit to resume work. You will not be permitted to resume work until it is provided.
Health Insurance
MarineMax will pay your share of the premiums during the leave and recover the costs of this insurance upon your return to work over a period of several paychecks. Coverage that lapses due to nonpayment of premiums will be reinstated immediately upon return to work without a waiting period. Under most circumstances, if you
do not return to work at the end of leave, MarineMax may require reimbursement for the health insurance premiums paid during the leave.
Reinstatement
Upon returning to work at the end of leave, you will generally be placed in your original job or an equivalent job with equivalent pay and benefits. You will not lose any benefits that accrued before leave was taken.
Spouse Aggregation
If you and your spouse are both employed by MarineMax, the total number of weeks to which you are both entitled in the aggregate because of the birth or placement of a child or to care for a parent with a serious health condition will be limited to 12 weeks per leave year. Similarly, spouses employed by MarineMax will be limited to a combined total of 26 weeks of leave to care for a military service member. This 26-week leave period will be reduced, however, by the amount of leave taken for other qualifying FMLA events. This type of leave aggregation does not apply to leave needed for your own serious health condition, to care for a spouse or child with a serious health condition, or because of a qualifying exigency.
Failure to Return
If you fail to return to work or fail to make a request for an extension of leave prior to the expiration of the leave, you will be deemed to have voluntarily terminated your employment. MarineMax is not required to grant requests for open-ended leaves with no reasonable return date under these policies or as disability accommodations.
Alternative Employment
While on leave of absence, you may not work or be gainfully employed either for yourself or others unless express, written permission to perform such outside work has been granted by MarineMax. If you are on a leave of absence and are found to be working elsewhere without permission, you will be subject to corrective action, up to and including the end of our employment relationship
Interaction with State and Local Laws
Where state or local family and medical leave laws offer more protections or benefits to team members, the protections or benefits that are more favorable to the team member, as provided by these laws, will apply.
Abuse of Leave
If you are found to have provided a false reason for a leave, you will be subject to corrective action, up to and including the end of our employment relationship.
Designation of Leave
If MarineMax becomes aware of any qualifying reason for FMLA leave, MarineMax will designate it as such. A team member may not refuse FMLA designation under this policy.
Retaliation
MarineMax will not retaliate against team members who request or take leave in accordance with this policy.
Medical Donation Leave
MarineMax supports our team members who want to assist others by donating blood, tissue, organs, or bone marrow, and provides leave as follows:
• Up to 5 business days (40 hours) of paid leave per year for bone marrow donation
• Up to 30 business days of paid leave per year for organ donation
• Up to an additional 60 business days of unpaid leave per year for organ or tissue donation
• Up to 12 weeks of unpaid leave per year for the preparation and recovery necessary for surgery related to organ or tissue donation by or for your spouse, child, or parent.
• Up to 1 hour of paid leave per every 56 days for blood donation
The one-year period for all leaves is measured from the date leave begins.
To be eligible for bone marrow donation leave, you must work at least 20 hours per week.
You are required to provide as much advance notice as possible if you wish to take leave to donate an organ or bone marrow. Provide your Human Resources Business Partner with verification from a physician that the donation will take place and that there is a medical necessity for the donation. For all other types of leave, MarineMax reserves the right to require proof of donation to approve leave.
Leave taken under this policy does not constitute a break in service for health insurance coverage or seniority; however, the leave may not run concurrently with federal Family and Medical Leave Act or other state-provided leaves.
MarineMax will not retaliate against team members who request or take leave in accordance with this policy
Military Leave
MarineMax complies with applicable federal and state law regarding military leave and re-employment rights. Eligible team members may use 10 days per calendar year for Active Duty, Active-Duty Training, and Inactive Duty Training. Team members will only be paid military leave pay for the hours/days that the team member would otherwise have worked and received pay. In all cases, a military leave of absence will be granted to members of the uniformed services in accordance with the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA; with amendments) and all applicable state law. You must submit documentation of the need for leave to your Human Resources Business Partner. When returning from military leave of absence, you will be reinstated to your previous position or a similar position, in accordance with state and federal law. You must notify your manager of your intent to return to employment based on the requirements of the law. For more information regarding status, compensation, benefits, and reinstatement upon return from military leave, contact your Human Resources Business Partner
Family Military Leave
MarineMax will provide eligible team members who are the spouse, domestic partner, parent, stepparent, child, stepchild, or sibling of a person called to military service with up to 30 days of unpaid military family leave for the following:
• During the time federal or state deployment orders are in effect.
• When the military member is home on leave from deployment.
• When the military member is leaving for, or returning from, active duty outside the United States as a member of the U.S. Armed Forces.
To be eligible for military spouse leave you must:
• Work an average of 20 or more hours per week.
To prepare for your time out, we ask that you provide notice of your need for leave as soon as possible. We reserve the right to request copies of documentation of the need for leave You may elect to use any available PTO to run concurrently with your leave, and where applicable, leave will also run concurrently with leave under the FMLA.
During family military leave, you may continue any benefits, if applicable, at your own expense. No loss of seniority status will occur as a result of leave taken under this policy, nor will leave result in the loss of any benefits accrued prior to the leave.
MarineMax will not discriminate or retaliate against team members who request or take leave in accordance with this policy.
Personal Leave of Absence
In life, there are circumstances that can arise that are beyond our control, and they may require us to step away from work for a period of time. We understand these circumstances are very stressful, so we have created an extended Personal Leave of Absence policy to provide our team members with the opportunity to request leave when necessary.
All requests for a Personal Leave of Absence must be submitted in writing to your manager or your Human Resources Business Partner at least 30 days in advance, or as soon as you know you have a need to take leave. We will review all requests on a case-by-case basis and provide a response in writing. Except in certain emergency circumstances, written approval must be received before a team member can take leave under this policy
Leave under this policy is unpaid, but team members requesting a personal leave must utilize any available PTO.. We may require regular check-ins during your leave of absence and require you to provide a 30-day notice of intent to return, or as much notice as feasible. We will make reasonable efforts to return team members to the same or similar job, subject to our business requirements.
No Personal Leave will be granted for more than 90 days.
Depending on the length of your leave, you may be able to continue your group benefits coverage with us. We will work with you ahead of your leave to make any premium payments that may be due while you are on leave. If you fail to pay your premium in a timely manner, we will provide you with information about your rights under COBRA.
If you fail to return to work after an unpaid leave of absence, you will be considered to have resigned your employment.
While on an unpaid leave of absence, you may not work or be gainfully employed either for yourself or others unless express, written permission to perform outside work has been granted by the Regional President or head of department in Team Support or component companies. If you are on a leave of absence and are found
to be working elsewhere without permission, you will be subject to corrective action, up to and including the end of our employment relationship.
School-Related Activities Leave
MarineMax will provide all team members who are the parent, stepparent, or guardian of a student with up to 24 hours of unpaid leave per calendar year to appear at their child's school (including preschools, accredited daycare centers, or special education programming) for conferences, meetings, concerns, volunteer activities, or other school-related activities.
To plan for your absence, we ask that you provide the maximum notice possible for leave under this policy, but no less than 1 day, except in unforeseen situations. We reserve the right to request proof of the need for school-related leave.
Team members can substitute any available PTO for unpaid leave; alternatively, nonexempt team members may make arrangements to make up the hours at another time at the discretion of their manager.
MarineMax will not retaliate against team members who request or take leave in accordance with this policy.
Jury Duty Leave
MarineMax encourages team members to fulfill their civic duties related to jury duty. If you are summoned for jury duty, notify your manager as soon as possible to make scheduling arrangements.
Team members performing jury duty will receive their regular rate of pay for normal hours worked, for the actual time in the courtroom or in deliberations, up to a maximum of eight hours per day, a maximum of forty hours per week, and a maximum of two weeks for this occasion of absence, unless otherwise directed by state or local law.
To receive pay, MarineMax reserves the right to require team members to provide proof of jury duty service to the extent authorized by law. Paid absences for jury duty must be noted on the team member’s time sheet, if applicable, by the manager for each pay period in which this form of absence occurs.
MarineMax will not retaliate against team members who request or take leave in accordance with this policy.
Court Attendance Leave
MarineMax will provide team members who are required to be in court as a witness or for any other legal proceeding for any reason other than jury duty with unpaid leave up to a reasonable number of hours, which may vary by location and position. HR may require documentation to substantiate the leave. Team members may choose to use their PTO balance in place of unpaid leave, unless otherwise required by state law.
MarineMax will not retaliate against team members who request or take leave in accordance with this policy.
Crime Victim Leave
The safety of our team members will always come first. MarineMax will provide a reasonable amount of unpaid leave to team members who are the victims of a crime or who are the immediate family of the victims of a crime, including domestic or sexual violence, assault, stalking, and other criminal offenses.
MarineMax may also make reasonable accommodations to ensure our team members’ safety, including reassignment, transfer, or modified work schedule.
Leave may be used to seek safe shelter, receive medical attention, relocate, attend court or other legal-related proceedings, or to accompany an immediate family member in these situations.
Prior to taking leave, you must provide your manager with a copy of the notice of each scheduled proceeding that is provided by the agency responsible for providing notice, a court order to which you are subject, or any other proper documentation, unless advance notice is not feasible. If advance notice is not feasible, you must provide appropriate documentation within a reasonable time after the absence.
MarineMax will keep all records related to your leave confidential.
The leave provided to attend proceedings is unpaid; however, you may choose to use your available PTO during this leave. You are not eligible for leave if you are the person who committed the crime or the relative or guardian of an individual who committed the crime.
MarineMax will not retaliate against team members who request or take leave in accordance with this policy.
Voting Leave
MarineMax encourages our team members to fulfill their civic duties and vote in local and national elections. While there are options in many states to vote beyond in-person voting on election, we recognize that not all options are available to all team members, and we respect the personal choices of team members to vote using their preferred method.
If your work schedule prevents you from voting on Election Day, MarineMax will allow you up to 3 hours off to vote. The time when you can go to vote will be at the discretion of your manager, consistent with applicable state legal requirements. Voting leave is generally unpaid unless otherwise required by state law; you may choose to use available PTO, or with your manager’s approval, make up missed time at a later point.
Team Member Product Purchase Program
All current team members are eligible to purchase MarineMax merchandise at a discount after completing the 60-day Introductory Period. This discount includes:
• 10% gross profit margin on all parts and accessories except if exceeding MSRP (based on average cost).
o Note: The Team Member must pay freight and/or shipping on non-stock items or special order parts, accessories, and clothing items.
o Note: Items are for personal use only and are not for resale.
• Team Members pay internal shop rate plus shop supplies and freight.
• 10% gross profit margin on sublet.
• Purchase of a new boat, motor and/or trailer at “house” cost which includes, at a minimum, freight and Pre-Delivery Inspection (PDI). If the purchase requires financing, it must be financed through our MarineMax business offices. If an extended warranty is acquired, it must be acquired through our MarineMax business offices.
• Purchase of a used boat at 90% of the Value Price.
All boat, motor, and trailer purchases are subject to product availability and are at the sole discretion of MarineMax management. When purchasing a boat, you will be required to sign an agreement acknowledging that you will not sell the boat within 24 months, and that if you do, it must be sold at MarineMax’s option,
through MarineMax. The team member will be eligible for 20% of the net profit over the net amount the team member paid before taxes, title, and licensing upon the sale of the vessel.
Guidelines
• Team members are permitted to purchase parts and accessories for personal use only.
• Team members must pay freight and/or shipping on non-stock items or special orders on parts, accessories and clothing items.
• Team members are prohibited from accepting any form of compensation from anyone in exchange for parts purchased at team member’s discounted rate.
• Team members are prohibited to act on another’s behalf to purchase parts or accessories at the Team member’s discounted rate.
• Team members are prohibited from reselling any parts and/or accessories purchased at the discounted rate.
Violation of these guidelines by team members may result in corrective action, up to and including the end of our employment relationship
Team Member MarineMax Vacations Discount Programs
MarineMax team members are extended a significant and exclusive internal rate on charter vacations aboard our Aquila Power Catamarans in the British Virgin Islands (BVI). This rate is based on product availability and time of year.
Terms:
• The team member must be a current employee and present on the vessel during the charter.
• A boating resume must be completed and approved to operate the vessel. If it’s not approved, a captain will be required at an additional fee.
• Dates may not be requested more than 6 months in advance.
• Team member savings are 20% discount of base boat charter rate. This includes crewed yachts.
• A 50% discount will be applied from August 10th-October 10th on all bareboat (no crew or provisions provided) charters, not on crewed yachts.
• Additional costs for fuel, taxes, permits, damage waiver, and incidentals are the team member’s responsibility.
• In all cases, reservations are based on availability which requires that sufficient vessels remain available for full rate customers and store getaways that may request similar dates.
Blackout Dates
• All U.S. Holidays
• Feb 18th-25th
• March 13th-April 16th
• July 22nd-29th
Contact MarineMax Vacations for further details or to check availability and skipper qualifications.
05. OUR RESPONSIBILITY TO YOU
Our Responsibility to You
All Hands-on Deck
Publicly Traded Company
MarineMax is publicly traded on the New York Stock Exchange (NYSE) under the ticker symbol HZO. You may find it listed as MarineMax in the financial pages. The fact that we are publicly traded is very important for you to know and it is crucial that you understand what this means to how we do business.
MarineMax is not owned by one or two people. It is owned by everyone who has acquired shares of stock in MarineMax. Since we are a public company, MarineMax is able to offer benefits, such as the Employee Stock Purchase Plan (ESPP). Those of you who participate in the ESPP are owners in MarineMax. This participation gives you the ability to directly share in our success. This benefit and others are discussed in more detail in the “Pay and Benefits” sections
The protection of confidential business information and trade secrets is vital to the interest and success of MarineMax. It is our right to protect trade secrets and other competitive information, and if solicited by an outside person to reveal sensitive information, team members should refer individuals to their immediate manager.
Business-related conversations should not be held in reception areas, elevators, restaurants, or other public places. If you have any questions about what constitutes confidential information, please see your manager.
Insider Trading
MarineMax’s Standards of Conduct and applicable law prohibit trading on a company’s inside information. This means you are required to refrain from making transactions and investment decisions when you are in possession of nonpublic information concerning MarineMax or any subsidiary.
You will be required to sign the “MarineMax, Inc. Insider Trading Policy.” If you have any questions about insider trading, please contact the MarineMax Human Resources Team.
Anti-Corruption
MarineMax strives to maintain the highest level of professional and ethical standards in the conduct of its business in foreign countries through following the International Anti-Corruption policy and procedures designed to provide guidelines for compliance with the requirements of the Anti-Corruption Laws.
You will be required to sign the “MarineMax, Inc. International Anti-Corruption Policy & Procedures.” If you have any questions about anti-corruption, please contact the MarineMax Human Resources Team.
Anti-Fraud
MarineMax is committed to the prevention and detection of fraud and corruption within our company.
You will be required to sign the “MarineMax Anti-Fraud Policy.” If you have any questions about anti-corruption, please contact the MarineMax Human Resources Team.
06. STANDARDS OF CONDUCT
Standards of Conduct
It’s our expectation that everyone will create an inclusive and welcoming environment. This does not mean that you need to be friends with your teammates; it does mean that we expect everyone to work together respectfully and collaboratively as needed.
We’ve included a list below of some examples of behavior that would be considered violations of our policies, though the list isn’t fully exhaustive. Violations of any of our policies or demonstrations of the behaviors below could result in corrective action, up to and including the end of our employment relationship.
• Violation of the policies and procedures set forth in this handbook.
• Possessing, using, distributing, selling, or negotiating the sale of illegal drugs or other controlled substances.
• Being under the influence of alcohol, marijuana or illegal drugs during working hours on MarineMax property (including in yachts, chartered boats, cars, trucks, etc.), or on MarineMax business.
• Abusing paid break time or other rest periods during working time by avoiding work tasks, excessive socializing, sleeping, etc.
• Inaccurate reporting of the hours worked by you or any other team members.
• Knowingly working off the clock, requesting others to work off the clock, or tampering with hours.
• Performing or allowing unauthorized work, including allowing minors to operate hazardous equipment and offering to work for customers for personal gain.
• Providing knowingly inaccurate, incomplete, or misleading information when speaking on behalf of MarineMax or in the preparation of any employment-related documents including, but not limited to, job applications, files, employment review documents, intra-company communications, or expense records.
• Taking or destroying MarineMax or customer property.
• Possession of potentially hazardous or dangerous property (where not permitted) such as firearms, weapons, chemicals, etc., without prior authorization.
• Fighting with, or harassment of, any fellow team member, vendor, or customer.
• Horseplay, roughhousing, or other unsafe behavior.
• Disclosure of Company trade secrets and proprietary and confidential commercially sensitive information (i.e., financial or sales records/reports, marketing or business strategies/plans, product development information, customer lists, patents, trademarks, etc.) of MarineMax or its customers, contractors, suppliers, or vendors.
• Refusal or failure to follow policies or directions, or to perform a requested or required job task, provided that the request is not unethical, unsafe, illegal, or immoral. In instances where a team member feels that they have been asked to do something improper, please reach out to your Human Resources Business Partner.
• Refusal or failure to follow safety rules and procedures.
• Failure to report an accident, injury, or damage to property by the end of a work shift.
• Excessive tardiness or absences.
• Smoking in non-designated areas.
• Working unauthorized overtime.
• Solicitation of fellow team members on our premises during working hours.
• Failure to cooperate with a request to search Company or customer property.
• Failure to dress according to our policy.
• Improprieties or violation of MarineMax policy in handling cash, other tenders, or merchandise
• Use of obscene or harassing (as defined by our EEO policy) language in the workplace.
• Engaging in outside employment that interferes with your ability to perform your job here.
• Gambling on our premises.
• Lending keys or keycards to MarineMax property to unauthorized persons.
Nothing in this policy is intended to limit your rights under the National Labor Relations Act, or to modify the atwill employment status where at-will is not prohibited by state law.
Ethics Code
MarineMax will conduct business honestly and ethically wherever operations are maintained. We strive to improve the quality of our services, products, and operations and will maintain a reputation for honesty, fairness, respect, responsibility, integrity, trust, and sound business judgment. Our managers and team members are expected to adhere to high standards of business and personal integrity as a representation of our business practices, at all times consistent with their duty of loyalty to MarineMax.
We expect that officers, directors, and team members will not knowingly misrepresent MarineMax and will not speak on behalf of MarineMax unless specifically authorized. The confidentiality of trade secrets, proprietary information, and similar confidential commercially-sensitive information (i.e. financial or sales records/reports, marketing or business strategies/plans, product development, customer lists, patents, trademarks, etc.) about MarineMax or operations, or that of our customers or partners, is to be treated with discretion and only disseminated on a need-to-know basis (see policies relating to privacy).
Violation of the Code of Ethics can result in corrective action, up to and including the end of our employment relationship
Criminal Activity/Arrests
MarineMax will report all criminal activity in accordance with applicable law. Involvement in criminal activity while employed by MarineMax, whether on or off our property, may result in corrective action, up to and including the end of our employment relationship. Team members are required to notify Human Resources of an arrest for any reason within 72 hours of the occurrence. Failure to report any arrest may result in corrective action, up to and including the end of our employment relationship.
Conflicts of Interest
MarineMax is concerned with conflicts of interest that create actual or potential job-related concerns, especially in the areas of confidentiality, customer relations, safety, security, and morale. If there is any actual or potential conflict of interest between you and a competitor, supplier, distributor, or contractor to MarineMax, you must disclose it to your manager. If an actual or potential conflict of interest is determined to exist, MarineMax will take such steps as it deems necessary to reduce or eliminate this conflict.
Outside Employment
Outside employment that creates a conflict of interest or that affects the quality or value of your work performance or availability at MarineMax is prohibited. MarineMax recognizes that you may seek additional employment during off hours, but in all cases expects that any outside employment will not affect your attendance, job performance, productivity, work hours, or scheduling, or would otherwise adversely affect your ability to effectively perform your duties or in any way create a conflict of interest. Any outside employment that will conflict with your duties and obligations to MarineMax should be reported to your manager. Failure to adhere to this policy may result in corrective action, up to and including the end of our employment relationship.
Employment of Relatives and Friends
We will not employ friends or relatives in circumstances where actual or potential conflicts may arise that could compromise supervision, safety, confidentiality, security, and morale at MarineMax. It is your obligation to inform MarineMax of any such potential conflict so we can determine how best to respond to the particular situation.
Personal Relationships
We spend a lot of time at work, and it can be natural to form personal relationships with your coworkers. In general, personal relationships between teammates are not forbidden, but relationships that are of a romantic nature must be disclosed to your Human Resources Business Partner immediately. Team members are required to acknowledge, in writing, the voluntary nature of their relationship. This information will be kept as confidential as possible in line with legitimate business need.
Team members who choose to engage in a romantic relationship with another team member are expected to continue to meet performance expectations for their role. Displays of favoritism as a result of any personal relationship will not be tolerated, as well as any public displays of affection, inappropriate behavior, or conversations that disrupt the working environment.
In situations where personal relationships may jeopardize business operations, MarineMax reserves the right to make employment decisions that are necessary to limit exposure to the risks associated with these types of situations, including ending the employment relationship with MarineMax for one or both people involved in the relationship.
Due to the possibility of favoritism and creation of conflict of interest, romantic relationships between any people leaders and staff-level team members are prohibited, and romantic relationships between individuals that have any influence over compensation, promotions, performance, or other work-related information are prohibited. Any violations of this policy are grounds for coaching or other corrective action, up to and including the end of our employment relationship.
Open Door/Conflict Resolution Process
MarineMax strives to provide a comfortable, productive, legal, and ethical work environment. We want you to bring any problems, concerns, or grievances you have about the workplace to the attention of your manager and, if necessary, to your Human Resources Business Partner or senior management. To help manage conflict resolution, we have instituted the following problem solving procedure:
If you believe there is inappropriate conduct or activity on the part of MarineMax, management, its team members, vendors, customers, or any other persons or entities related to MarineMax, bring your concerns to the attention of your manager at a time and place that will allow the person to properly listen to your concern. Most problems can be resolved informally through dialogue between you and your immediate manager. If you have already brought this matter to the attention of your manager and do not believe you have received a sufficient response, or if you believe that person is the source of the problem, present your concerns to your Human Resources Business Partner, the Director of Human Resources, or upper-level management. Describe the problem, those persons involved in the problem, efforts you have made to resolve the problem, and any suggested solution you may have.
Alternatively, you can reach out to our anonymous third-party ethics reporting line, EthicsPoint, either by phone at 877-217-4711 or online at marinemax.ethicspoint.com to report any concerns you may have.
Coaching and Feedback
MarineMax will make efforts to periodically review your work performance. The performance improvement process will take place as business needs dictate. You may specifically request that your manager assist you in developing a performance improvement plan at any time.
The performance improvement process is a means for increasing the quality and value of your work performance. Your initiative, effort, attitude, job knowledge, and other factors will be addressed. You must understand that a positive job performance review does not guarantee a pay raise or continued employment. Pay raises and promotions are based on numerous factors, only one of which is job performance.
If You Should Leave Us
We hope that your employment with MarineMax will be a mutually rewarding experience; however, we acknowledge that varying circumstances can cause you to resign employment. MarineMax intends to handle any resignation in a professional manner with minimal disruption to the workplace.
MarineMax requests that you provide a minimum of two weeks' notice of your resignation to help us prepare for your absence We ask that you provide a written resignation letter to your manager and Human Resources Business Partner.
MarineMax reserves the right to provide you with pay in lieu of notice in situations where job or business needs warrant.
Return of Property
We expect team members to return all MarineMax property at the time our employment relationship ends, in good, working condition. Failure to return some items may result in deductions from your final paycheck where state law allows. In some circumstances, MarineMax may pursue criminal charges for failure to return our property.
07. SAFETY
Safety
It is the responsibility of all MarineMax team members to maintain a healthy and safe work environment, report any health or safety hazards, and follow MarineMax health and safety rules. Failure to do so may result in corrective action, up to and including the end of our employment relationship. MarineMax also requires that all occupational illnesses or injuries be reported to your manager as soon as reasonably possible and that an occupational illness or injury form be completed on each reported incident.
Security
All team members are responsible for helping to make MarineMax a secure work environment. Upon leaving work, lock all desks, lockers, and doors protecting valuable or sensitive material in your work area and report any lost or stolen keys, passes, or similar devices to your manager immediately. When you walk away from your desk, please ensure you have locked the screen of your computer. You are required to participate in cybersecurity and physical security training when offered by MarineMax. Refrain from discussing specifics regarding our security systems, alarms, passwords, etc. with those outside of MarineMax.
Immediately advise your manager of any known or potential security risks and/or suspicious conduct of team members, customers, or guests of MarineMax. Safety and security are the responsibility of all team members, and we rely on you to help us keep our premises secure.
Policy Against Workplace Violence
We don’t tolerate violence, intimidation, bullying, or threats of violence of any kind. This extends to vendors, contractors, customers, and visitors.
Our definition of workplace violence includes verbal or written statements, gestures, or expressions that communicate a direct or indirect threat of physical harm, mental or emotional harm, damage to property, or any intentional behavior that may cause a person to feel threatened.
Prohibited conduct includes, but is not limited to:
• Physically injuring another person.
• Threatening to injure a person, damage their property, or embarrass them.
• Damaging or threatening to damage property by any means.
• Taking any action to make someone fear harm or offensive contact.
• Possessing, brandishing, or using a firearm on MarineMax property or while performing MarineMax business except as permitted by state law.
• Violating a restraining order, order of protection, injunction against harassment, or other court order.
Reporting
If you see or experience any behavior that is violent, threatening, harassing, discriminatory, or compromises our ability to have a safe, inclusive, and respectful work environment, let your leader, any leader, or your Human Resources Business Partner know right away. We take safety very seriously, and all reports will be investigated immediately and kept confidential, except where there is a legitimate need to know. We expect everyone to cooperate in any investigation of workplace violence.
Any violations of this policy may warrant not only employment action up to dismissal, but also legal action, depending on the situation.
Victims and witnesses of workplace violence will not be retaliated against in any manner. In addition, you will not be subject to discipline for reporting a threat or for cooperating in an investigation if the report was made in good faith.
If you initiate, participate, are involved in retaliation, or obstruct an investigation into conduct prohibited by this policy, you will be subject to corrective action, up to and including the end of our employment relationship
If you believe you have been wrongfully retaliated against, immediately report the matter to your Human Resources Business Partner.
MarineMax Vehicle Use
Certain positions may require the use of MarineMax vehicles, including cars, trucks, vans, golf carts, forklifts, boats, and other heavy machinery. Any team member driving a MarineMax vehicle must hold a current, valid license or certification to operate the vehicle, and may be required to present a copy for verification. MarineMax reserves the right to conduct Motor Vehicle Record (MVR) checks and will provide proper notification and disclosure forms prior to conducting any such check. Team members who do not pass MVR checks may be prevented from operating a MarineMax vehicle until their record is clear.
Team members operating a MarineMax vehicle must abide by all posted safety and traffic laws, as well as our internal safe operating procedures. Cell phone use of any kind while operating a MarineMax vehicle or equipment is prohibited, as well as use of headphones, ear plugs, or any other devices that inhibit your ability to hear or listen to your surroundings. Drivers and passengers must use appropriate safety belt restraints and wear all appropriate PPE while riding on, in, or driving a MarineMax vehicle. All MarineMax vehicles must be kept neat, clean and free of debris at all times, projecting a professional image.
Team members who operate MarineMax vehicles or equipment must be free of influence from any impairing substances, including drugs, alcohol, or prescription drugs that could impair abilities. If you are asked to operate a MarineMax vehicle or equipment and either do not possess the correct license or certification, or are under the influence of an impairing substance, including legal use of over the counter or prescription medications, please do not operate the vehicle for any reason, and notify your manager immediately.
Violations of this policy or operating a MarineMax vehicle or equipment while knowingly under the influence of alcohol or drugs, may result in corrective action, up to and including the end of our employment relationship.
Heat Illness Prevention
MarineMax is committed to complying with all applicable laws and ensuring that team members avoid heat illness while working outside. Heat illness may begin with mild symptoms and progress quickly to signs of serious and life-threatening illness. All team members who work outdoors and are reasonably anticipated to be exposed to the risk of heat illness will be provided detailed training before starting work involving a risk of heat illness.
It’s critical that team members working outdoors understand they are allowed and encouraged to take preventative cool-down rest periods in provided shaded areas whenever they feel the need to protect themselves from overheating.
You may also be asked to take a cool-down rest period if you are observed having any signs of heat illness. Access to shade is permitted at all times. Cool-down periods are not limited in frequency and are considered time worked.
When taking a preventative cool-down rest period:
• You will be monitored and asked if you are experiencing any symptoms of heat illness.
• You will be encouraged to remain in the shade.
• You will not be ordered back to work until any signs or symptoms of heat illness have abated, but in no event sooner than five minutes after accessing shade, excluding the time needed to access the shade.
MarineMax provides fresh, pure, and suitably cool drinking water at no charge. When the work environment is hot, you are encouraged to frequently drink small cups of water, with up to four cups (one quart or more) per hour recommended, to stay hydrated.
MarineMax has in place effective emergency response procedures if you show signs or report symptoms of heat illness while taking a preventative cool-down rest period.
You must immediately report to your manager if you experience any symptoms or signs of heat illness or see signs of heat illness in co-workers so that MarineMax can respond with medical attention, as appropriate.
MarineMax will not discriminate or retaliate against team members who take preventative cool-down rest periods in accordance with this policy.
Workers' Compensation
Workers' compensation is a no-fault system designed to provide benefits to all team members for work-related injuries. Workers' compensation insurance coverage is paid for by employers and governed by state law. The workers' compensation system provides for coverage of medical treatment and expenses, occupational disability leave, and rehabilitation services, as well as payment for lost wages due to work related injuries. If you are injured on the job while working at MarineMax, no matter how slightly, you are to report the incident immediately to your manager. Consistent with applicable state law, failure to report an injury within a reasonable period of time could jeopardize your claim for benefits.
To receive workers' compensation benefits, notify your manager immediately of your claim. If your injury is the result of an on-the-job accident, you must fill out an accident report. You will be required to submit a medical release before you can return to work.
Drug-Free Workplace Policy
We’re dedicated to creating the safest work environment possible. A copy of our drug-free workplace policy is included in the Appendix section of this handbook.
Drug and Alcohol Rehabilitation Accommodation
MarineMax will reasonably accommodate team members who wish to voluntarily participate in an alcohol or drug rehabilitation program, provided that the accommodation will not impose an undue hardship on MarineMax.
A reasonable accommodation may include unpaid time off. If you have a serious health condition and are otherwise eligible, time off for alcohol and/or drug rehabilitation may also be covered by the Family and Medical Leave Act (FMLA) or other state medical leaves. If so, MarineMax will request approval and medical
certification as it would for FMLA or state leave requests, and the leaves will run concurrently. You may use available PTO or sick days, if any, for all or part of the time spent in entering or participating in a rehabilitation program.
MarineMax may release or refuse to hire an individual because of their current use of alcohol and/or drugs, because they are unable to perform their duties, or because they cannot perform their duties in a manner that would not endanger their own or another's health and safety.
Requests to participate in a rehabilitation program will be kept confidential. Direct all requests to participate in a rehabilitation program to your Human Resources Business Partner.
MarineMax will not retaliate against team members who request or obtain an accommodation in accordance with this policy.
Workplace Smoking
At our facilities that permit team members to smoke on premises, a designated outside smoking area is made available. Smoking in any other area is strictly prohibited, including MarineMax buildings or in MarineMax vehicles. The use of chewing tobacco or any other tobacco product is strictly prohibited on customer owned property, on MarineMax owned boats and yachts, and can only be consumed in designated areas outside on MarineMax property.
If you do smoke, you are not permitted to take “smoke breaks” in excess of the time and frequency of the break periods provided for other team members, which are typically two 15-minute breaks during an 8-hour shift
MarineMax prohibits discrimination against team members based on their off-premises, off-duty tobacco usage.
MarineMax-Sponsored Social Events
MarineMax holds periodic social events for team members. Your attendance at these events is voluntary and does not constitute part of your work-related duties. Any exceptions to this policy must be in writing and signed by a manager prior to the event.
Alcoholic beverages may be available at these events. If you choose to drink alcoholic beverages, you must do so in a responsible manner. Do not drink and drive. Instead, please call a taxi, Lyft, Uber, or appoint a designated driver. If you need help arranging safe transportation, please talk to a manager at the event.
Emergencies and Closings
While MarineMax generally remains open during most periods of inclement weather, we reserve the right to close our facilities when necessary or due to extreme conditions that prevent our location from opening or operating safely. Team members are encouraged to contact their manager during periods of inclement weather to determine if their facility is open or closed on a given day. We ask that you check local weather stations to understand the nature and severity of the inclement weather situation. If you are unable to safely commute to work, talk with your manager at least an hour before the start of your shift to let them know.
In the instances where facilities are closed due to inclement weather, team members will receive an amount equivalent to eight hours of straight time pay for the day. If the facility remains open during inclement weather, team members who report to work will receive their normal pay for the day. If a team member elects not to report to work on a facility open day, the team member can elect to use any PTO for the missed day or take the day unpaid if no PTO is available.
08. GENERAL POLICIES
General Policies
Personal Appearance
All team members are required to report to work neatly groomed and dressed professionally. You are expected to maintain personal hygiene habits that are generally accepted in the community, including clean clothing, good grooming and personal hygiene. Each location, position, and GM may have specific attire requirements; please talk with your manager if you’re not sure of what’s considered appropriate at your location.
Fragrant products, including but not limited to perfumes, colognes, and scented body lotions or hair products, should be used in moderation out of concern for others with sensitivities or allergies.
MarineMax, in accordance with applicable law, will reasonably accommodate team members with disabilities or religious beliefs that make it difficult for them to comply fully with the personal appearance policy unless doing so would impose an undue hardship on MarineMax. Contact your manager to request a reasonable accommodation.
Failure to comply with the personal appearance standards may result in being sent home to groom or change clothes. Frequent violations may result in corrective action, up to and including the end of our employment relationship.
MarineMax might record, videotape and photograph any team member’s image and/or voice to be used in the possible following ways:
• Company intranet accessible by team members only.
• Company website accessible to the public.
• Marketing material posted on social media
• Printed annual report.
Team members may choose to opt out by delivering written notice to the Human Resources department. No special compensation will be provided to team members for use of their image and MarineMax will not inform team members in advance of the specific use of any image. Unless team members have opted out through written notice to HR, consent shall survive employment with MarineMax.
Non-solicitation/Non-distribution Policy
To avoid disruption of business operations or disturbance of team members, visitors, and others, MarineMax has implemented a Non-solicitation/Non-distribution Policy. For purposes of this policy, solicitation includes, but is not limited to, selling items or services, requesting contributions, and soliciting or seeking to obtain membership in or support for any organization, including political organizations. Solicitation performed through verbal, written, or electronic means is covered by the Non-solicitation/Non-distribution Policy. You are prohibited from soliciting other team members during your assigned working time. For this purpose, working time means time during which either you or the team members who are the object of the solicitation are expected to be actively engaged with assigned work. You may conduct solicitations during your lunch period, coffee breaks, or other authorized nonworking time, so long as you do so when the other team members are also on nonworking time.
To avoid inappropriate litter, clutter, and safety risks, you may not distribute literature or other items that are not work related in working areas at any time. Working areas do not include break/rest areas, lunchrooms, or parking lots. Electronic distribution of materials is prohibited during work time. Literature that violates
MarineMax's equal employment opportunity (EEO) and non-harassment policies (including threats of violence), or is knowingly and recklessly false, is never permitted. Non-team members are not permitted to distribute materials on company premises at any time. This policy is not intended to restrict the statutory rights of team members, including the right to discuss terms and conditions of employment.
Violations of this policy should be reported to your manager or HR.
Confidentiality and Non-disclosure of Trade Secrets
As a condition of employment and consistent with your duty of loyalty to MarineMax, MarineMax team members are required to protect the confidentiality of MarineMax trade secrets, proprietary information, and confidential commercially sensitive information (i.e., financial or sales records/reports, marketing or business strategies/plans, product development, customer lists, patents, trademarks, etc.) related to MarineMax. Access to this information should be limited to a "need to know" basis and should not be used for personal benefit, disclosed, or released without prior authorization from management.
If you have information that leads you to suspect that team members are sharing this type of information in violation of this policy and/or competitors are obtaining such information, you are required to inform your manager or your Human Resources Business Partner
Violation of this policy may result in corrective action, up to and including the end of our employment relationship, and may subject the violator to civil liability.
Workplace Privacy and Right to Inspect
MarineMax property, including but not limited to lockers, phones, computers, tablets, desks, workplace areas, vehicles, or machinery, remains under the control of MarineMax and is subject to inspection at any time, without notice to any team members, and without their presence.
You should have no expectation of privacy in any of these areas. We assume no responsibility for the loss of, or damage to, your property maintained on Company premises including that kept in lockers and desks.
Personal Use of MarineMax Property or Premises
You may not use MarineMax property for personal use during working time. You are responsible for returning MarineMax property in good condition and repairing or replacing any property damaged as the result of personal use or as the result of negligence. This includes use of copy machines, computers, MarineMax products, or office supplies for personal use without prior authorization.
You are prohibited from using our facilities during off duty or nonworking hours without the written consent of your manager. If you use MarineMax facilities during your off-duty hours or our off-hours, you may be required to sign a log-in and log-out sheet maintained by MarineMax or building manager.
No work on MarineMax customer boats is to be performed outside of the workplace or during non-working hours for personal financial gain. This includes, but is not limited to repair, maintenance, paint, captain duties and detailing. MarineMax tools may also not be used outside of the workplace or during non-working hours. Work on personal vehicles or vessels, or personal vehicles or vessels of non-customers, on MarineMax property, is strictly prohibited.
Use of Company Technology
The complete Information and Technology Policy and Procedures document is available on Jostle or https://marinemax.jostle.us/jostle-prod/#~b~:4:-1:-1:41107829:-1::~dw~:0:41793479:1
MarineMax’s IT resources and communications systems are to be used for business purposes only, unless otherwise permitted under applicable law.
All content maintained in our systems is the property of MarineMax. You should have no expectation of privacy in any message, file, data, document, facsimile, telephone conversation, social media post, conversation, or any other kind or form of information or communication transmitted to, received, or printed from, or stored or recorded on our electronic information and communications systems.
Violations of this policy will be subject to corrective action, up to and including dismissal. If necessary, MarineMax will also advise law enforcement officials of any illegal conduct.
Computer Security and Copying of Software
Software programs purchased and provided by MarineMax are to be used only for creating, researching, and processing materials for company use. By using our hardware, software, and networking systems you assume personal responsibility for their use and agree to comply with this policy and other applicable policies, as well as city, state, and federal laws and regulations. You may not illegally duplicate any licensed software or related documentation. Unauthorized duplication of software may subject you and/or MarineMax to both civil and criminal penalties under the United States Copyright Act. To purchase software, obtain your leader’s approval. All software acquired by MarineMax must be purchased through IT.
Personal Cell Phone/Mobile Device Use
If you choose to bring your personal cell phone to work, we ask that you limit your non-work use of your phone while working. For team members working in customer-facing positions, or positions that operate any type of moving vehicle, use of your cell phone while working could result in significant harm to you or others, so use of a cell phone while working in these types of roles is restricted to during break times only, and away from any hazardous areas of the job site.
If you have a device that has a camera and/or audio/video recording capability, you are restricted from using those functions on our property unless authorized in advance by management or when they are used in a manner consistent with your right to engage in concerted activity under section 7 of the National Labor Relations Act (NLRA). While operating any moving vehicle on work time, MarineMax requires that the driver's personal cell phone be turned off. If you need to make or receive a phone call while driving, pull off the road to a safe location unless you have the correct hands-free equipment for the device that is in compliance with applicable state laws.
Nothing in this policy is intended to prevent team members from engaging in protected concerted activity under the NLRA.
Social Media Policy
At MarineMax we believe in open communication, and you are encouraged to tell the world about your work and share your passion. Whether you do so by participating in a blog, wiki, online social network or any other form of online publishing or discussion is completely up to you.
However, these new ways of communication are changing the way we talk to each other and to our consumers, target audiences and partners. To avoid any problems or misunderstandings, we have come up with a few guidelines to provide helpful and practical advice for you when operating on the internet as an identifiable team member of MarineMax, its subsidiaries and brands.
• When you discuss MarineMax - or brand- related matters on the internet, you must identify yourself with your name and, when relevant, your role at MarineMax. Only very few people in this company are official spokespersons for the company or its brands, so if you are not one of them you must make clear that you are speaking for yourself and not for MarineMax. You can use a disclaimer like "The postings on this site are my own and do not necessarily represent the position, strategy or opinions of MarineMax, its subsidiaries or brands". Please always write in the first person and don't use your company email address for private communications. And please consider that even anonymous postings on Wikipedia can be traced back to the company.
• You are personally responsible for the content you publish on blogs, wikis or any other form of usergenerated media. Please remember that the internet never forgets. This means everything you publish will be visible to the world for a very, very long time. Common sense is a huge factor here. If you are about to publish something that makes you even the slightest bit uncomfortable, review. If you are still unsure and it is related to MarineMax and its brands, talk to your manager or Team Support Marketing
• Just because information is on the internal network (like SharePoint, the Intranet, Jostle, etc.), it is not ok to let the rest of the world know about it. If an item features the sentence "for internal use only" then that is exactly what it means, and it is not meant to be forwarded to anyone who is not employed by MarineMax. No exceptions. Messages from our CEO to all team members are not meant for the media. If we as a company wanted a newspaper to know how our CEO sees the future of our company, the Team Support Marketing would share the message.
• It is perfectly fine to talk about your work and have a dialogue with the community but it is not okay to talk about the design or name for the new boat models before they officially launch. If you have signed a confidentiality agreement you are expected to follow it. If the judgement call is tough on secrets or other issues discussed, please ask your manager before you publish or forward. Please act responsibly with the information you are entrusted with.
• Do not comment on work-related legal matters unless you are an official spokesperson and have the legal approval by MarineMax or its brands to do so. In addition, talking about revenues, future products, pricing decisions, unannounced financial results or similar matters will get you, the company or both into serious trouble. Stay away from discussing financial topics and predictions of future performance at all costs.
• Respect your audience. Don't use ethnic slurs, personal insults, obscenity, or engage in any conduct that would not be acceptable in the MarineMax workplace. You should also show proper consideration for others privacy and for topics that may be considered objectionable or inflammatory (like religion or politics). If you are in a virtual world as a MarineMax representative, please dress and behave accordingly.
• Think about the consequences, imagine you are sitting in a sales meeting and your client brings out a printout of a colleague's post that states that the product you were about to sell is “just awful”. Talk about a tough pitch. So, please remember: Using your public voice to trash or embarrass your employer, your customers, your co-workers is not okay.
• Have you posted something that just wasn't true? Be the first to respond to your own mistake. In a blog, if you choose to modify an earlier post, make it clear that you have done so.
• Please respect copyright. If it is not yours, don't use it. It is very simple. It is that person's choice to share his or her material with the world, not yours. Before posting someone else's work, please check with the owner first.
• Don't cite or reference clients, partners or suppliers without their approval. When you do make a reference, where possible, link back to the source.
• Be aware that others will associate you with your employer when you identify yourself as such. Please ensure that your Facebook, LinkedIn, Instagram and SnapChat profiles and related content is consistent with how you wish to present yourself with clients and colleagues.
• Even if you act with the best intentions, you must remember that anything you put out there about MarineMax can potentially harm the company. This goes for all internal media as well, like the intranet or any newsletters you send out. As soon as you act on the company's behalf by distributing information, you are upholding the company's image. Please act responsibly. If in doubt, please contact the Team Support Marketing Team or your manager before you hit the send button. ]
Media Contacts
If you are not authorized to speak on behalf of MarineMax, do not speak to the media on behalf of MarineMax. Direct all media inquiries for official responses to the Legal Department.
Retaliation and Your Rights
Retaliation or any other negative action is prohibited against anyone who, based on a reasonable belief, reports a possible deviation from this policy or cooperates in an investigation. Those who retaliate against others for reporting a possible deviation from this policy or for cooperating in an investigation will be subject to corrective action, up to and including the end of our employment relationship
Nothing in this policy is designed to interfere with, restrain, or prevent team members from communications regarding wages, hours, or other terms and conditions of employment, or to restrain team members in exercising any other right protected by law. All team members have the right to engage in or refrain from such activities.
Legal Correspondence
Any and all inquiries, correspondence and communication with or from courts, attorneys, regulatory agencies, witnesses, or representatives of companies or individuals regarding legal issues with MarineMax are to be forwarded or referred immediately to the Team Support Legal Department.
All tax and accounting notices should be referred to the VP of Shared Services.
You should not engage in dialogue or correspondence relative to any MarineMax-related legal matters without direct instruction by the Team Support Legal Department.
Third Party Disclosures
From time to time, MarineMax may become involved in news stories or potential or actual legal proceedings of various kinds. When that happens, lawyers, former team members, newspapers, law enforcement agencies, and other outside persons may contact our team members to obtain information about the incident or the actual or potential lawsuit.
If you receive such a contact, you should not speak on behalf of MarineMax and should refer any call requesting the position of MarineMax to the Legal Department If you have any questions about this policy or are not certain what to do when such a contact is made, contact the Legal Department.
Any invention created, in whole or in part, during your work hours, or from the use of equipment or facilities belonging to MarineMax, is a "work for hire" and is the property of MarineMax
If you intend to develop and maintain property rights to any invention that relates in any way to products or services of MarineMax, you are required to obtain a written waiver of this policy, signed by both you and the CEO.
Access to Team Member and Medical Records Files
MarineMax maintains separate medical records files and employment files for all team members. Files containing medical records are stored separate and apart from any business-related records in a safe, locked, inaccessible location. The medical file is the repository for sensitive and confidential information related to an individual's health, health benefits, health-related leave and/or accommodations, and benefits selections and coverage. Medical records are kept confidential in compliance with applicable laws and access is on a "needto-know" basis only.
Supervisors and others in management may have access to your team member file for possible employmentrelated decisions. If you wish to review any of your files, you must give MarineMax reasonable notice. Inspection must occur in the presence of a MarineMax representative.
All requests by an outside party for information contained in your file will be directed to the Human Resources department, which is the only department authorized to give out such information.
At-Will Employment
Your employment with MarineMax is on an "at-will" basis. This means we may decide to end our employment relationship with you at any time, with or without notice and with or without cause. Likewise, we respect your right to leave MarineMax at any time, with or without notice and with or without cause.
Nothing in this handbook or any other Company document should be understood as creating a contract, guaranteed or continued employment, a right to discharge only "for cause," or any other guarantee of continued benefits or employment. Only the CEO and President has the authority to make promises or negotiate with regard to guaranteed or continued employment, and any such promises are only effective if placed in writing and signed by the CEO and President.
If a written contract between you and MarineMax is inconsistent with this handbook, the written contract is controlling.
Nothing in this handbook will be interpreted, applied, or enforced to interfere with, restrain, or coerce team members in the exercise of their rights under Section 7 of the National Labor Relations Act.
09. STATE APPENDIX
Arizona Policies
Sick Leave
MarineMax provides paid sick leave to all Arizona team members in accordance with Arizona's Fair Wages and Healthy Families Act.
Sick leave may be taken for the following reasons:
• To care your own or a family member's mental or physical illness, injury, or health condition; need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or need for preventive medical care.
• Workplace closure due to a public health emergency.
• To care for your child whose school or place of care has been closed due to a public health emergency.
• To care yourself or a family member when it has been determined by the health authorities or by a health care provider that you or your family member's presence in the community may jeopardize the health of others because of your exposure to a communicable disease, whether or not you or your family member has actually contracted the communicable disease.
• Absences due to domestic violence, sexual violence, abuse, or stalking.
Family member means:
• Your children of any age (including biological, adopted, or foster children, legal wards, children of a domestic partner, or children for whom you stand in loco parentis).
• Your parents or your spouse or domestic partner's parents (including biological, foster, and stepparents; adoptive parents; legal guardians; or persons who stood in loco parentis when you, or your spouse or domestic partner, was a minor child).
• Your spouse or domestic partner.
• Your or your spouse or domestic partner's grandparents, grandchildren, or siblings (including foster, adoptive, or step relationships).
• Any other individual related to you by blood or affinity whose close association is the equivalent of a family relationship.
Accrual and Usage
Eligible team members accrue one hour of sick leave for every 30 hours worked. New team members begin accruing sick leave on their first day of employment. For this calculation, team members exempt from overtime under the Fair Labor Standards Act will be assumed to work 40 hours each workweek, unless their normal workweek is less than 40 hours (in which case accrual is based on their normal workweek).
You may only accrue or use 24 hours of sick leave per leave year and may use available sick leave 90 calendar days after the start of employment. For purposes of this policy the leave year is any consecutive 12month period.
Unused sick leave is carried over to the following leave year; however, you still may only use 24 hours of sick leave in any given leave year.
Notice
If the need for sick leave is foreseeable, you must make a good faith effort to provide advance notice and schedule the leave in a manner that does not unduly disrupt business operations. If unforeseeable, provide notice as soon as practical. If known, notice should include the expected length of the absence.
Documentation
Where sick leave is used on three or more consecutive workdays, MarineMax may require reasonable documentation that the leave was used for purposes permitted by Arizona law.
Reasonable documentation includes documentation signed by a health care professional indicating that the sick leave is necessary. In the case of domestic violence, sexual violence, abuse, or stalking, the following documents are considered reasonable:
• A police report indicating that you or your family member was a victim of domestic violence, sexual violence, abuse, or stalking.
• A protective order, injunction against harassment, general court order, or other evidence from a court or prosecuting attorney that you or your family member appeared, or is scheduled to appear, in court in connection with an incident of domestic violence, sexual violence, abuse, or stalking.
• A signed statement from a domestic violence or sexual violence program, or victim services organization, affirming that you or your family member is receiving services related to domestic violence, sexual violence, abuse, or stalking.
• A signed statement from a witness advocate affirming that you or your family member is receiving services related to domestic violence, sexual violence, abuse, or stalking.
• A signed statement from an attorney, member of the clergy, or a medical or other professional affirming that you or your family member is receiving services related to domestic violence, sexual violence, abuse, or stalking.
• A legible, written statement by you concerning you or your family member's status as a victim of domestic violence, sexual violence, abuse, or stalking that signals your identity and (if applicable) relationship to the family member.
If You Should Leave
Unused sick leave will not be paid out if our employment relationship should end. MarineMax will reinstate previously accrued, unused sick leave if you separate and are rehired within nine months.
MarineMax will not retaliate against team members who request or take leave in accordance with this policy.
Complaints
You have a right to file a complaint if you are denied sick leave or are subjected to retaliation. You are encouraged to notify MarineMax if you feel your rights have been violated. You may also contact, and file a complaint with, the Industrial Commission of Arizona at P.O. Box 19070, Phoenix, AZ 85005.
California Policies
Policy Against Workplace Harassment
In addition to our internal complaint procedure, team members may also contact either the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH) to report unlawful harassment. You must file a complaint with the DFEH within three years of the alleged unlawful action. The EEOC and the DFEH serve as neutral factfinders and will attempt to assist the parties to voluntarily resolve their disputes. For more information, contact the Office of Human Resources or the nearest EEOC or DFEH office.
Filing of Complaints Outside MarineMax
You may file formal complaints of discrimination, harassment, or retaliation with the agencies listed below. Contact these agencies directly for more information about filing processes.
California Department of Fair Employment and Housing 2218 Kausen Drive, Suite 100 Elk Grove, CA 95758
800-884-1684 (voice), 800-700-2320 (TTY) or California's Relay Service at 711 contact.center@dfeh.ca.gov
https://www.dfeh.ca.gov (main website) https://www.dfeh.ca.gov/shpt/ (online sexual harassment training courses)
U.S. Equal Employment Opportunity Commission 450 Golden Gate Avenue 5 West P.O. Box 36025
San Francisco, CA 94102-3661
800-669-4000 or 510-735-8909 (deaf/hard-of-hearing callers only) http://www.eeoc.gov/team members
Meal and Rest Periods
MarineMax requests that team members observe and accurately record meal periods in time and attendance records. If you know in advance that you may not be able to take an uninterrupted scheduled meal or rest period, let your manager know; in addition, notify your manager as soon as possible if you were unable to take or were prohibited from taking an uninterrupted scheduled meal or rest period.
Meal and rest periods are intended to provide team members with an opportunity to be away from work, and team members are not permitted to perform any work during meal and rest periods.
Meal Periods
If you are nonexempt and work more than five hours in a workday, you will be provided an unpaid, uninterrupted 30-minute meal period no later than the end of your fifth hour of work and will be required to "clock out" from the timekeeping system. If you work fewer than six hours in a workday, you may mutually agree with your manager to waive the meal period.
If you are nonexempt and work more than 10 hours in a workday, you will be provided a second unpaid, uninterrupted one-hour meal period no later than the end of your tenth hour of work. Depending on your occupation, if you work no more than 12 hours in a workday and have taken the first meal period, you may mutually agree with your manager to waive the second meal period.
See your manager for procedures related to requesting to waive a meal period in the above circumstances.
Rest Periods
If you are nonexempt, you will also be provided paid 10-minute rest periods based on total hours worked daily, and you are not required to "clock out" from the timekeeping system. You will receive 10 minutes of uninterrupted rest time for every four hours of work, or major portion of each four hours worked. Accordingly, if you work:
• Less than three and a half hours, you are not entitled to a rest period.
• Three and a half to six hours, you are entitled to a 10-minute rest period.
• Six to 10 hours, you are entitled to two 10-minute rest periods.
• Ten to 14 hours, you are entitled to three 10-minute rest periods. Rest periods are to be taken in the middle of the four-hour work period when possible. Rest periods should not be combined or added to meal periods or used to start work later or end work early.
One Day Rest in Seven
In accordance with California law, nonexempt team members are generally permitted, on average, one day of rest for every seven days of work depending upon scheduling and business needs as well as availability and interest in additional hours of work.
Overtime
If you are nonexempt, you may qualify for overtime pay. All overtime must be approved in advance, in writing, by your manager.
At certain times MarineMax may require you to work overtime. We will attempt to give as much notice as possible in this instance. However, advance notice may not always be possible. Failure to work overtime when requested or working unauthorized overtime may result in corrective action, up to and including the end of our employment relationship.
If you are nonexempt and work more than eight hours in any workday or more than six days in any workweek, you will be paid overtime at a rate of:
• One and one-half times your regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek.
• Two times your regular rate for all hours worked in excess of 12 hours in a workday or in excess of eight hours on the seventh consecutive day of work in a workweek.
If you are nonexempt and work more than 40 hours in a workweek you may be entitled to overtime after any daily overtime hours are subtracted. The same hours are never counted against different overtime limits.
Holidays, vacation days, and sick leave days do not count as time worked for computing overtime.
Reporting Time Pay
MarineMax provides reporting time pay to nonexempt team members in all circumstances required by applicable law, including when you report to work for your scheduled shift but are asked to work, or are given, less than half of the hours you were scheduled to work. Reporting time pay may also be available for team members who are asked to call in or verify whether they will be required to work through online resources.
Reporting time pay will be paid at your regular rate of pay. Reporting time pay for hours not actually worked is not counted for purposes of determining overtime.
Reporting time pay is not provided under certain circumstances, including, but not limited to:
1. When MarineMax operations cannot begin or continue due to threats to team members or property, or when civil authorities recommend that work not begin or continue.
2. When public utilities fail to supply electricity, water, or gas, or there is a failure in the public utilities or sewer system.
3. When the interruption of work is caused by an "act of God" or other cause outside of the employer's control, such as an earthquake.
Speak with your manager for more information regarding reporting time pay.
Wage Disclosure Protection
In accordance with California law, MarineMax will not:
• Prohibit you from:
o Disclosing your own wages;
o Discussing the wages of others; or
o Inquiring about another's wages.
• Require you to sign a waiver or other document that proposes to deny you the right to disclose the amount of your wages.
• Discharge, formally discipline, or otherwise discriminate or retaliate against you for disclosing the amount of your wages.
However, if you have access to or knowledge of the private compensation information of other team members as a part of your role and essential job functions, you may not disclose that information to individuals who do not otherwise have access to it, unless the disclosure is:
• In response to a formal complaint or charge;
• Part of an investigation, proceeding, hearing, or action, including an investigation conducted by MarineMax; or
• Consistent with the legal duty of MarineMax to furnish information.
If you believe that you have been discriminated or retaliated against in violation of this policy, immediately report your concerns to your Human Resources Business Partner
Nothing in this policy will be enforced to interfere with, restrain or coerce, or retaliate against team members regarding their rights under the National Labor Relations Act.
Accommodations for Nursing Persons
If you feel MarineMax is not providing you with adequate break time and/or a place to express milk as provided for in Labor Code § 1030, you may file a report/claim with the Labor Commissioner's Bureau of Field Enforcement (BOFE) at the BOFE office nearest your work location. The complaint must be filed within three years of the alleged unlawful action.
In addition, if you believe you have been a victim of retaliation for either asserting a right to lactation accommodation or for complaining to the Labor Commissioner about the failure of MarineMax to provide this accommodation, you may file a retaliation claim with the Labor Commissioner's Office pursuant to Labor Code § 98.7. This claim must be filed within six months of the alleged retaliation.
California Family Rights Act (CFRA) Leave
MarineMax provides unpaid family and medical leave to eligible team members in accordance with the California Family Rights Act (CFRA).
To be eligible for CFRA leave:
• You must have been employed for at least 12 months (52 weeks) with MarineMax prior to beginning CFRA leave; and
• You must have worked for MarineMax at least 1,250 hours during the 12-month period immediately before the leave is to start (with exception).
Reasons for Leave
You may take CFRA leave for the following reasons:
• The birth of a child, or adoption or foster care placement of a child with you.
• To care for your own or your family member's serious health condition (not including disability due to pregnancy, childbirth, or related medical conditions).
• A qualifying exigency related to your spouse, domestic partner, child, or parent who is a military member on covered active duty or called to covered active-duty status (or has been notified of an impending call or order to covered active duty).
As used in this policy:
• Family member means your child, parent, grandparent, grandchild, sibling, spouse, or domestic partner.
• Child means a biological, adopted, or foster child, a stepchild, a legal ward, a child of a domestic partner, or a person to whom you stand in loco parentis.
• Parent means a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to you when you were a child.
• Sibling means a person related to another person by blood, adoption, or affinity through a common legal or biological parent.
Leave Usage
Eligible team members may take up to 12 workweeks of leave per leave year. For purposes of this policy, the leave year is any fixed consecutive 12-month period
You are required to use any available PTO that you are eligible to take during the otherwise unpaid portion of the CFRA leave. You also are required to use any available PTO that you are eligible to take during the otherwise unpaid portion of CFRA leave if the CFRA leave is for your own serious health condition, a qualifying exigency, or any other reason mutually agreed to between you and MarineMax
CFRA leave will run concurrently with other federal/state laws where permitted by law.
Intermittent Leave
When medically necessary, leave may be taken on an intermittent or a reduced work schedule.
Notice
If the need for leave is foreseeable (such as the birth of a child or planned medical treatment), you must provide reasonable advance notice and make a reasonable effort to schedule leave so that it will not unduly disrupt Company operations. If unforeseeable, provide notice as soon as practical. Notice should include the anticipated timing and duration of the leave.
Failure to comply with these notice rules is grounds for, and may result in, deferral of the request for leave until you comply with the notice requirement.
Certification
Where leave is requested for your own or a covered family member's serious health condition, MarineMax may require you to provide certification from your own or MarineMax's health care provider.
If leave is for your own serious health condition, certification must include:
• The date on which the serious health condition began.
• The probable duration of the condition.
• A statement that, due to the serious health condition, you are unable to perform the function of your position.
If leave is for a covered family member's serious health condition, certification must include:
• The date on which the serious health condition began.
• The probable duration of the condition.
• An estimate of the amount of time that the health care provider believes you are needed to care for the family member.
• A statement that the family member's serious health condition requires you to provide care during the period of treatment or supervision.
MarineMax may require subsequent recertification of your own serious health condition if additional leave is required.
If MarineMax has reason to doubt the validity of the certification provided, MarineMax may require, at its own expense, that you obtain a second opinion from a health care provider, designated or approved by MarineMax. If the second opinion differs from the original certification, MarineMax may again require, at its own expense, that you obtain a third opinion from a different health care provider, designated or approved jointly by you and MarineMax. The third opinion will be considered final and binding.
Return to Work
If you take leave for your own serious health condition, you must obtain certification from your health care provider that you are able to resume work.
Reinstatement
Upon return to work at the end of leave, you will be placed in your original job or an equivalent job with equivalent pay and benefits. You will not lose any benefits that accrued before leave was taken. You may not, however, be entitled to discretionary raises, promotions, bonus payments, or other benefits that become available during the period of leave.
Benefits
If MarineMax provides you with health benefits under a group health plan, MarineMax will maintain and pay for your health coverage for up to 12 weeks at the same level and under the same conditions as coverage would have been provided if you had not taken CFRA leave.
Failure to Return to Work
If you fail to return to work or fail to request an extension of leave prior to the expiration of the leave, you will be considered to have voluntarily terminated your employment. If you fail to return from leave, MarineMax may require reimbursement of the health insurance premiums paid during the leave under certain circumstances.
Retaliation
MarineMax will not retaliate against team members who request or take leave in accordance with this policy.
Bereavement Leave
In accordance with the California Family Rights Act, MarineMax will allow our California-based team members to take up to 5 days of unpaid bereavement leave, beyond our existing Bereavement Leave policy. You may use PTO concurrently with the unpaid leave
The five days of bereavement leave do not have to be taken consecutively. Bereavement leave must be completed within three months of the date of the family member's death.
Bereavement leave will run concurrently with other federal/state laws where permitted by law.
All information received regarding your request for bereavement leave will be treated as confidential and will not be disclosed except to internal personnel or counsel, as necessary, or as required by law.
MarineMax will not retaliate against team members who request or take leave in accordance with this policy.
Disability Insurance
If you are unable to work for at least eight days due to a non-work-related illness or injury, or a pregnancyrelated disability, you may be eligible for disability insurance benefits. Disability insurance is a component of California's State Disability Insurance (SDI) program, which is administered by the California Employment Development Department (EDD) and is funded by workers through SDI payroll deductions. Disability insurance provides eligible team members with up to 52 weeks of partial wage replacement benefits. Benefit amounts are based on a percentage of your wages paid during a specific 12-month base period, determined by the date your claim begins.
To apply for this benefit, you must provide written notice of the disability, including a doctor's certificate stating the nature of the disability and your expected date of return to work.
The SDI program does not create a right to a leave of absence, job protection, or job reinstatement.
You are responsible for filing your claim and other forms promptly and accurately with the EDD. To learn more about the SDI program, including eligibility requirements and benefits, or to make a claim for DI benefits, contact the EDD (www.edd.ca.gov).
MarineMax will be notified that you have submitted a disability insurance claim.
Paid Family Leave Insurance
California's Paid Family Leave (PFL) insurance program provides eligible team members with up to eight weeks of partial wage replacement in any 12-month period to take time off from work to:
• Bond with a new child (either by birth, adoption, or foster care placement);
• Care for a seriously ill family member (child, parent, parent-in-law, grandparent, grandchild, sibling, spouse, or registered domestic partner); or
• Participate in a qualifying exigency related to the covered active duty, or call to covered active duty, of your spouse, domestic partner, child, or parent in the U.S. Armed Forces.
The 12-month period begins on the day a claim is submitted.
PFL insurance is funded entirely by workers through state disability insurance (SDI) payroll deductions. If you are currently receiving benefits from SDI or workers' compensation insurance, you may not be eligible to receive PFL benefits. The California PFL insurance program does not create a right to a leave of absence, job protection, or job reinstatement.
The PFL insurance program makes benefits available to eligible team members through the California Employment Development Department (EDD). Apply for PFL insurance directly with the EDD. Contact the EDD for information on eligibility or to obtain a claim form. Medical and other documentation may be required.
Sick Leave
MarineMax provides paid sick leave to all eligible team members in accordance with California's Healthy Workplaces, Healthy Families Act. All team members who have worked in California for at least 30 days within a year after beginning employment are entitled to earn sick leave.
Reasons for Leave
Sick leave may be taken for the following reasons:
• The diagnosis, care, or treatment of an existing health condition or preventive care for you or your family member.
• To seek care, psychological counseling, shelter or support services, safety-related measures, or any relief, including restraining orders, to help ensure your own or your child's health, safety, or welfare if you or your child is a victim of domestic violence, sexual assault, or stalking.
Family member means:
• Your children (including biological, adopted, or foster children, legal wards, children of a domestic partner, or children for whom you stand in loco parentis).
• Your spouse or registered domestic partner.
• Your parents or your spouse or registered domestic partner's parents (including biological, foster, and stepparents; adoptive parents; legal guardians; or persons who stood in loco parentis when you, or your spouse or domestic partner, was a minor child.
• Your grandparents.
• Your grandchildren.
• Your siblings.
Accrual and Usage
Eligible team members begin to accrue sick leave upon employment at a rate of one hour for every 30 hours worked and may begin using accrued leave on the 90th day of employment.
You may not use more sick leave than you have accrued or receive an advance of sick leave that has not yet been accrued. Earned but unused sick leave will carry over to the following leave year up to a maximum of 48 hours (six days). For purposes of this policy the leave year is any consecutive 12-month period.
You may only use up to 24 hours (three days) of your available earned paid sick leave per leave year. Paid sick leave may be taken in no less than two-hour increments.
Notice
If your need for leave is foreseeable, you must provide as much advance notice as possible. If unforeseeable, provide notice as soon as practical.
Documentation
MarineMax may request documentation verifying the appropriate use of leave.
Payment Upon Termination
You will not be paid for any unused sick leave when your employment ends.
Reinstatement of Sick Leave Upon Rehire
MarineMax will reinstate previously accrued, unused sick leave if you separate and are rehired within one year.
Interaction with Other Leave
Sick leave will run concurrently with other types of leave where permitted under applicable law.
Retaliation
MarineMax will not retaliate against team members who request or take leave in accordance with this policy.
Pregnancy Disability Leave
If you are disabled by pregnancy, childbirth, or a related medical condition, MarineMax will provide you with up to four months of unpaid pregnancy disability leave (PDL).
To be eligible for PDL, you must suffer from a pregnancy-related disability. A pregnancy-related disability is a physical or mental condition related to pregnancy or childbirth that prevents you from performing the essential duties of your job or would cause undue risk to you or your pregnancy's successful completion.
Conditions for which PDL is available include, but are not limited to:
• Severe morning sickness.
• Prenatal or postnatal care.
• Doctor ordered bed rest.
• Gestational diabetes.
• Pregnancy-induced hypertension.
• Preeclampsia.
• Post-partum depression.
• Lactation conditions such as mastitis.
• Loss or end of pregnancy.
• Recovery from loss or end of pregnancy. Use of Leave
PDL may be taken before or after birth during any period of time (not to exceed four months) where you are physically unable to work due to your pregnancy-related disability. You may take PDL all at once or intermittently.
Where applicable under state and federal law, team members who qualify and are entitled to take PDL may also be eligible for leave under the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA). PDL and FMLA run concurrently. CFRA leave will be counted separately from PDL. CFRA leave will also be counted separately from FMLA leave taken for pregnancy disability, childbirth, or related medical conditions. An additional 12 weeks of bonding leave may also be available to qualified individuals. Speak with your manager about your eligibility for these leaves.
Notice
and Leave Request Process
Foreseeable Need for Leave
If the need for leave is foreseeable because of an expected birth/adoption or planned medical treatment, you must give at least 30 days' notice. If 30 days' notice is not practicable, give notice as soon as possible. You are expected to complete and return a leave request form prior to the beginning of leave. Failure to provide appropriate notice and/or complete and return the necessary paperwork will result in the delay or denial of leave.
Unforeseeable Need for Leave
If the need for leave is unforeseeable, provide notice as soon as practicable and possible under the facts of the particular case. Normal call-in procedures apply to all absences from work including those for which leave under this policy may be requested. Complete and return the necessary leave request form as soon as possible to obtain the leave. Failure to provide appropriate notice and/or complete and return the necessary paperwork on a timely basis will result in the delay or denial of leave.
Leave Request Process
To request leave under this policy, obtain a leave request form from your manager or Human Resources Business Partner and return the completed form to your Human Resources Business Partner. If the need for leave is unforeseeable and you will be absent more than three days, contact your manager by telephone and
request that a leave form be mailed to your home. If leave will be fewer than three days, complete and return the leave request form upon returning to work.
Call-In Procedures
In all instances of absence, follow the call-in procedures and standards established for giving notice of absence from work.
Paid Leave Utilization During Pregnancy Leave
You will be required to use available sick leave during PDL; however, you may opt to use any available PTO during your PDL in order to receive compensation.
If you are on PDL for eight or more consecutive calendar days, you may be eligible for partial wage replacement benefits under the California State Disability Insurance (SDI) program. You are responsible for applying for these benefits and can obtain forms from your health care provider.
Certification and Fitness for Duty Requirements
When requesting PDL, you must provide certification from a health care provider to qualify for leave. Such certification must be provided within 15 days of the request for leave unless it is not practicable under the circumstances despite your diligent efforts. Failure to provide certification may result in leave being delayed, denied, or revoked. At the discretion of MarineMax, you may also be required to obtain a second and third certification from another health care provider at Company expense (except for military care leave). Recertification of the continuance of a serious health condition or an injury/illness of a military service member will also be required at appropriate intervals.
Temporary Transfer and Other Accommodations
If you are suffering from a pregnancy related disability, you are entitled to a temporary transfer to another position or other reasonable accommodation based on the pregnancy-related disability if you request the transfer or reasonable accommodation and the request is based on the medical certification of a health care provider that a transfer or reasonable accommodation is medically advisable, and the request can be reasonably accommodated by MarineMax. All team members who are transferred to accommodate a pregnancy-related disability have the same reinstatement and other rights described below with respect to pregnancy-related disability leaves.
MarineMax may also require you to transfer temporarily to an available alternative position with the same pay and benefits in order to accommodate your need for intermittent leave or a reduced work schedule.
Benefits
If MarineMax provides you with health benefits under a group health plan, MarineMax will maintain and pay for your health coverage at the same level and under the same conditions as coverage would have been provided if you had not taken pregnancy disability leave. If you do not return to work at the end of your pregnancy disability leave, MarineMax may recover the payment for your premiums under certain circumstances.
Return to Work
Upon returning to work at the end of leave, you will be placed in your original job or an equivalent job with equivalent pay and benefits. You will not lose any benefits that accrued before leave was taken. You may not,
however, be entitled to discretionary raises, promotions, bonus payments, or other benefits that become available during leave.
At the completion of PDL, you will be required to obtain a release to return to work from your health care provider stating that you are able to resume your original job or duties.
Failure to Return
If you fail to return to work or fail to make a request for an extension of leave prior to the expiration of the leave, you will be deemed to have voluntarily terminated your employment.
Alternative Employment
While on leave of absence, you may not work or be gainfully employed either for yourself or others unless express, written permission to perform such outside work has been granted by MarineMax. If you are on a leave of absence and are found to be working elsewhere without permission, you will be automatically terminated.
False Reason for Leave
You will be terminated if you provide a false reason for a leave.
Retaliation
MarineMax will not retaliate against team members who request or take leave in accordance with this policy.
Whistleblower Protections
Our full Whistleblower Policy is included in this handbook’s appendix. When team members notify a manager, manager, or an appropriate government or law enforcement agency that they have reason to believe their employer is violating a state or federal statute or violating or not complying with a state or federal rule or regulation, those team members are protected from retaliation. As such, MarineMax has a strict policy that prohibits retaliation against team members who make such reports while employed in any form of employment. MarineMax also does not permit retaliation against team members who refuse to participate in an activity that would result in a violation of a state or federal statute, or a violation or noncompliance with a state or federal rule or regulation.
If you have information regarding possible violations of state or federal statutes, rules, or regulations, or violations of fiduciary responsibility by MarineMax, we encourage you to report it immediately to your manager or to the CEO. Alternatively, you may contact the California State Attorney General's Whistleblower Hotline at (800) 952-5225. The Attorney General will refer your call to the appropriate government authority for review and possible investigation.
Connecticut Policies
Policy Against Workplace Harassment
In addition to MarineMax reporting process, if you believe you have been subjected to discrimination or harassment, you may file a formal complaint with either or both of the government agencies listed here. Using MarineMax complaint process does not prohibit you from filing a complaint with these agencies. Note that claims must be filed with the Equal Employment Opportunity Commission (EEOC) and the Connecticut Commission on Human Rights and Opportunities (CCHRO) within 300 days of the alleged act of discrimination or harassment.
Individuals who engage in discrimination or harassment may also be subject to civil and criminal penalties. Remedies for discrimination and/or harassment may include:
• Cease and desist orders.
• Back pay.
• Compensatory damages.
• Hiring, promotion, or reinstatement.
EEOC Boston Office
Address: John F. Kennedy Federal Building, 475 Government Center, Boston, MA 02203
Phone: 800-669-4000
Fax: 617-565-3196
TTY: 800-669-6820
ASL Video Phone: 844-234-5122
Website: https://publicportal.eeoc.gov/portal/
CCHRO
Address: 450 Columbus Blvd., Suite 2, Hartford CT 06103
Phone: 860-541-3400
TTY: 860-541-3459
Toll Free: 800-477-5737
Email: See website for regional office email addresses
Website: https://www.ct.gov/chro/
Wage Disclosure Protection
In accordance with Connecticut law, MarineMax will not:
• Prohibit you from disclosing or discussing the amount of your wages or the wages of other team members that have been voluntarily disclosed.
• Prohibit you from inquiring about the wages of other team members.
• Require you to sign a waiver or other document that purports to deny you the right to disclose the amount of your wages or to inquire about or discuss the wages of other team members that have been voluntarily disclosed.
• Require you to sign a waiver or other document that denies you the right to inquire about the wages of other team members.
• Discharge, discipline, discriminate against, retaliate against, or otherwise penalize you for disclosing or discussing the amount of your wages or the wages of other team members that have been voluntarily disclosed.
• Discharge, discipline, discriminate against, retaliate against, or otherwise penalize you for inquiring about the wages of other team members.
• Fail or refuse to provide you with the wage range for your position when hired, when your position changes, or when you first request it.
If you believe that you have been discriminated or retaliated against in violation of this policy, immediately report your concerns to your Human Resources Business Partner
Nothing in this policy will be enforced to interfere with, restrain or coerce, or retaliate against team members regarding their rights under the National Labor Relations Act.
Connecticut Family and Medical Leave (CTFMLA)
MarineMax provides eligible team members up to 12 weeks of unpaid job-protected leave in any 12-month period for certain specified reasons. To be eligible for CTFMLA leave, you must have been employed by MarineMax for the three months immediately preceding your request for leave.
Qualifying Reasons for Leave
CTFMLA leave may be taken for any of the following reasons:
• Your own serious health condition.
• The birth of your child.
• The placement of a child for adoption or foster care.
• To care for a family member with a serious health condition.
• To serve as an organ or bone marrow donor.
• Because of any qualifying exigency arising out of the fact that your spouse, son, daughter, or parent is on active duty, or has been notified of an impending call or order to active duty, in the armed forces.
Family member means your spouse, child, parent, sibling, grandparent, grandchild, or any individual related to you by blood or affinity whose close association with you is equivalent to a family relationship.
Duration of Leave
You may take up to 12 weeks of job-protected leave within a 12-month period. For purposes of this policy, MarineMax uses a 12-month period based on any fixed 12-month period. If you and your spouse are both employed by MarineMax, your combined CTFMLA leave may not exceed 12 weeks during a 12-month period if leave is taken for:
• The birth or adoption of your child;
• The placement of a foster child; or
• The care of a family member with a serious health condition.
Military Family Leave
MarineMax also provides team members up to 26 weeks of CTFMLA leave within a 12-month period if they have a spouse, child, parent, or next of kin who is a member of the armed forces and is undergoing medical treatment, recuperation, or therapy, or is on the temporary disability retired list for a serious injury or illness that occurred in the line of duty.
If you and your spouse are both employed by MarineMax, your combined CTFMLA leave may not exceed 26 weeks during a 12-month period if leave is taken to care for a member of the armed forces.
Military family leave is calculated from the first day you take leave.
Intermittent Leave
If determined to be medically necessary, you may take CTFMLA leave for your own serious health condition, or the serious health condition of your parent, child, or spouse, on an intermittent or reduced schedule basis.
If you require the use of CTFMLA leave on an intermittent or reduced schedule basis, you may be required to temporarily transfer to another position that you are qualified to perform, if that position is deemed by MarineMax to be more conducive to business operations.
Substitution of Accrued Paid Leave
CTFMLA leave is unpaid. However, you may be required, or you may choose, to substitute any accrued paid vacation, personal, or sick time you have in excess of two weeks toward your CTFMLA leave.
You may be eligible for partial wage replacement benefits for CTFMLA leave taken under the Connecticut Paid Leave Program. For more information, see the Connecticut Paid Leave Program Policy.
Notice
When possible, you must provide at least 30 days' advance notice of the need for leave where leave is foreseeable (such as the birth of a child or planned medical treatment). If the need for leave is not foreseeable, provide notice as soon as possible. Notice should include the anticipated timing and duration of the leave.
Failure to comply with these notice rules is grounds for, and may result in, delay of the leave until you comply with this notice requirement.
Certification
You will be required to provide medical certification of the need for leave for leave taken for:
• Your own, or your family member's, serious medical condition; or
• Military family leave.
The certification must include:
• The date on which the serious health condition occurred.
• The probable duration of the condition.
• The appropriate medical facts about the condition within the healthcare provider's knowledge.
• For leave taken to care for a family member with a serious medical condition:
• A statement that you are needed to care for the family member; and
• An estimate of the amount of time you will be needed to care for the family member.
• For leave taken because of your own serious medical condition, a statement that you are unable to perform the functions of your position.
Additional requirements apply to certain certifications for intermittent leave or leave on a reduced leave schedule.
If MarineMax has reason to doubt the validity of the certification, MarineMax may require, at its own expense, that you obtain the opinion of a second health care provider designated or approved by MarineMax. If the second opinion differs from the original certification opinion, MarineMax may require, at its own expense, that you obtain the opinion of a third health care provider designated or approved jointly by you and MarineMax The third opinion will be considered final and binding.
You may be required to provide subsequent recertifications, at MarineMax's expense, on a reasonable basis.
If you are requesting personal medical leave, you will also be required to provide a fitness-for-duty certification from your health care provider before returning to work.
Return to Work
When returning to work at the end of leave, you will be placed in your original job or an equivalent job with equivalent pay and benefits. You will not lose any benefits that accrued before leave was taken. You may not, however, be entitled to discretionary raises, promotions, bonus payments, or other benefits that become available during the leave.
Retaliation
MarineMax will not retaliate against team members who request or take leave in accordance with this policy.
Connecticut Paid Leave Program
The Connecticut Paid Leave (CTPL) program provides eligible team members with up to 12 weeks of partial wage replacement benefits during any 12-month period for certain life events covered under the federal Family and Medical Leave Act (FMLA), the Connecticut Family and Medical Leave Act (CTFMLA), and the Connecticut Family Violence Leave Act. The program also provides two additional weeks of compensation for a serious health condition resulting in incapacitation that occurs during a pregnancy. The CTPL program is funded by team member payroll deductions and administered by the CT Paid Leave Authority.
To be eligible for CTPL benefits, you must meet certain income thresholds and employment requirements. To learn more about the CTPL program and apply for benefits, visit www.ctpaidleave.org
Sick Leave
MarineMax provides eligible team members with paid sick leave in accordance with Connecticut's paid sick leave law. Eligible team members include hourly, nonexempt regular full-time and part-time service workers who work in Connecticut.
Reasons for Leave
Sick leave may be used for your own or a family member's illness, injury, or health condition; medical diagnosis, care, or treatment of a mental or physical or physical illness, injury, or health condition; or preventative medical care.
If you are a victim of family violence or sexual assault, you may use sick leave:
• For medical care or psychological or other counseling for physical or psychological injury or disability.
• To obtain services from a victim services organization.
• To relocate due to family violence or sexual assault.
• To participate in any civil or criminal proceedings related to or resulting from family violence or sexual assault.
Family member means your spouse (including a same-sex spouse or out-of-state civil union or domestic partner) and children.
Accrual and Usage
Eligible team members accrue sick leave at a rate of one hour for every 40 hours worked up to a maximum accrual of 40 hours per leave year. For purposes of this policy the leave year is any consecutive 12-month period.
Hours worked refers to actual hours worked and does not include sick, vacation, or other leave time.
Sick leave may be used after the 680th hour of employment. You must have averaged 10 or more work hours per week in the previous calendar quarter in order to use accrued sick leave.
You may use a maximum of 40 hours of sick leave in any leave year.
Sick leave may be used in increments of one hour or more.
You may carry over up to 40 unused accrued hours of sick leave from one leave year to the next; however, you may only use up to 40 hours of sick leave in any one leave year.
Notice
If the need for sick leave is foreseeable, you must provide at least not three days' notice before taking leave. If unforeseeable, provide notice as soon as practical. If known, notice should include the expected length and duration of the absence.
You may be denied leave if you fail to provide notice and your absence will cause a disruption to MarineMax.
Documentation
If you are out on leave for three or more consecutive workdays, you will be required to provide reasonable documentation verifying that the leave is being taken for a reason permitted under this policy. Documentation may include:
• For leaves related to mental or physical illness, treatment of an illness, and preventative care, a signed document by a health care provider indicating the need for leave and the number of days needed.
• For leaves relating to family violence, a court record or documentation signed by you or by a volunteer working for a victim services organization, an attorney, police officer, or other counselor involved with you.
Payment Upon Termination
You will not be paid for any unused sick leave when your employment ends.
Retaliation
MarineMax will not retaliate against team members who request or take leave in accordance with this policy.
Georgia Policies
Court Attendance and Witness Leave
MarineMax realizes that, on occasion, team members may be subpoenaed or ordered by a court to attend judicial proceedings. In such cases, notify your manager as soon as possible to make scheduling arrangements.
While attending the judicial proceeding, you will receive your regular compensation. This does not apply if you are attending a judicial proceeding because you have been charged with a crime.
MarineMax reserves the right to require team members to provide proof of the need for leave to the extent authorized by law.
MarineMax will not retaliate against team members who request or take leave in accordance with this policy.
Illinois Policies
Policy Against Workplace Harassment
In addition to the reporting procedures outlined in our Harassment policy, you have the right to file a complaint with the Illinois Department of Human Rights (IDHR) or the federal Equal Employment Opportunity Commission (EEOC). If you choose to file a complaint with one of these agencies, you must file it within 300 calendar days of the alleged discriminatory act.
Administrative Contacts for Complaints
Illinois Department of Human Rights (IDHR)
Chicago Office:
James R. Thompson Center
100 W Randolph Street, Suite 10-100 Chicago, IL 60601
312-814-6200
TTY: 866-740-3953
Fax: 312-814-6251
Springfield Office: 535 Jefferson Street, 1st Floor Springfield, IL 62702
217-785-5100
TTY: 866-740-3953
Fax: 217-785-5106
Illinois Human Rights Commission (IHRC)
Chicago Office:
James R. Thompson Center
100 W Randolph Street, Suite 5-100 Chicago, IL 60601
312-814-6269
TDD: 312-814-4760
Fax: 312-814-6517
Springfield Office: 1000 E Converse, Suite 1232N Springfield, IL 62702
217-785-4350
TDD: 217-557-1500
Fax: 217-524-4877
United States Equal Employment Opportunity Commission (EEOC)
Chicago District Office:
John C. Kluczynski Federal Building 230 S Dearborn Street Chicago, IL 60604
Filing of Private Sector Charges: Suite 1866
800-669-4000
TTY: 800-869-8001
Fax: 312-588-1260
Meal and Rest Periods
MarineMax provides meal breaks of at least 20 minutes for all nonexempt Illinois team members who are scheduled or required to work a shift of at least 7.5 hours. Typically, your break will be scheduled to start after you have completed four hours of work, but in no event will it be scheduled more than five hours after your shift start. If you are scheduled to or anticipate working at least 7.5 continuous hours, you must ensure you take a break. If you know in advance that you may not be able to take your scheduled break or meal period, let your manager know; in addition, notify your manager as soon as possible if you were unable to or prohibited from taking a meal or rest period.
One Day Rest in Seven
In accordance with Illinois law, nonexempt Illinois team members are entitled to 24 consecutive hours of rest in every consecutive seven-day period, in addition to the regular period of rest allowed at the close of each working day. This does not apply to part-time team members whose total work hours do not exceed 20 hours during a calendar week.
Bereavement Leave
MarineMax will provide eligible team members with [[unpaid/paid]] bereavement leave in accordance with the Illinois Family Bereavement Leave Act.
To be eligible for bereavement leave, you must:
• Have been employed with MarineMax for at least 12 months;
• Have worked for MarineMax for at least 1,250 hours (including paid time off) during the 12-month period immediately preceding the leave; and
• Be employed at a worksite that has at least 50 team members within 75 miles.
You may use bereavement leave for the following reasons:
• To attend the funeral (or alternative service) of a family member.
• To make arrangements due to the death of a family member.
• To grieve the death of a family member.
• For absences from work due to a miscarriage, an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure, a failed adoption match or an adoption that is not finalized because it is contested by another party, a failed surrogacy agreement, a diagnosis that negatively impacts pregnancy or fertility, or a stillbirth.
For the purposes of this policy:
• Family member means your child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent.
• Child means your son or daughter who is a biological, adopted, or foster child; a stepchild; a legal ward; or a child to whom you are standing in loco parentis.
• Domestic partner means: (1) a person recognized as your domestic partner under any domestic partnership or civil union law of a state or political subdivision of a state; or (2) an unmarried adult person with whom you are in a committed, personal relationship, who is not a domestic partner as described in sentence (1) or in such a relationship with any other person, and who you have designated as your domestic partner to the Company.
Amount and Use of Leave
Eligible team members will be provided up to two weeks (10 working days) of unpaid bereavement leave in a 12-month period for the death of a family member. In the event of the death of more than one family member, this will increase to a total of six weeks of unpaid leave during the 12-month period.
Bereavement leave must be completed within 60 days after the date on which you receive notice of your family member's death.
Where applicable, you may substitute any available paid leave for leave taken under this policy. This policy does not create any right to take more unpaid leave than is allowed under, or in addition to, the unpaid leave permitted by the federal Family and Medical Leave Act.
This leave may run concurrently with leave under the federal Family and Medical Leave Act and/or any other leave, including paid leave, as permitted by state and federal law.
Notice
You must provide us with at least 48 hours' advance notice of your intent to take bereavement leave, unless such notice is not reasonable or practical.
We reserve the right to ask you to provide reasonable documentation supporting your need for leave. Reasonable documentation may include:
• A death certificate, a published obituary, or written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or government agency;
• A form filled out by the health care practitioner who treated you, your family member, or surrogate;
• Documentation from the adoption agency showing a failed match or contested adoption; or
• Documentation from the surrogacy agency showing a failed surrogacy agreement.
You will not be required to identify which category of event the leave pertains to as a condition of taking bereavement leave.
Retaliation
We will not retaliate against team members who request or take leave in accordance with this policy.
Maryland Policies
Wage Disclosure Protection
MarineMax will not require you to sign a waiver or any other document that attempts to deny you the right to disclose or discuss your wages.
In addition, MarineMax does not prohibit you from, nor will it take any action against you for:
• Inquiring about your own wages or the wages of other team members;
• Disclosing your own wages to other team members;
• Discussing other team members wages if those wages have been disclosed voluntarily;
• Asking the Company to provide a reason for your wages; or
• Aiding or encouraging other team members to exercise their wage disclosure rights consistent with Maryland law.
MarineMax prohibits team members from discussing or disclosing the wages of other team members without that person’s permission. The requirement to obtain an individual's permission before discussing or disclosing the wages of other team members without their permission does not apply in instances where you have access to an individual's wage information as a part of your essential job functions if the discussion or disclosure is in response to a complaint or charge or in furtherance of an investigation, proceeding, hearing, or action (including an investigation conducted by MarineMax
This policy does not:
• Require you to disclose your wages;
• Diminish your rights to negotiate the terms and conditions of employment under federal, state, or local law;
• Limit your rights under any other provision of law or collective-bargaining agreement;
• Create an obligation for you or MarineMax to disclose wages;
• Permit you, without the written consent of MarineMax, to disclose proprietary information, trade secret information, or information that is otherwise subject to a legal privilege or protected by law; or
• Permit you to disclose wage information to a competitor of MarineMax.
If you have access to or knowledge of the compensation information of other team members as a part of your essential job functions, you are entitled to all the protections listed in this policy.
If you believe that you have been discriminated or retaliated against in violation of this policy, immediately report your concerns to your Human Resources Business Partner.
Nothing in this policy will be enforced to interfere with, restrain or coerce, or retaliate against team members regarding their rights under the National Labor Relations Act.
Flexible Leave
In accordance with the Maryland Flexible Leave Act, you may use earned and available paid leave for the illness or death of an immediate family member.
For purposes of this policy:
• Immediate family means a child, spouse, or parent.
• A child is an adopted, biological, or foster child, a stepchild, or a legal ward who is either: 1) under the age of 18; or 2) at least 18 and incapable of self-care due to a mental or physical disability. A parent is an adoptive, biological, or foster parent, a stepparent, a legal guardian, or a person standing in loco parentis.
• Paid leave means paid time away from work that is earned and available to a team member: 1) based on hours worked; or 2) as an annual grant of a fixed number of hours or days of leave for performance of service. Paid leave includes sick leave, vacation time, paid time off, and compensatory time.
The age requirement for children does not apply in regard to leave taken for the death of an immediate family member.
MarineMax will not retaliate against team members who request or take leave in accordance with this policy.
Sick Leave
MarineMax provides paid sick leave to eligible team members in accordance with Maryland's Healthy Working Families Act.
To be eligible for sick leave you must work more than 12 hours per week on a regular basis. For more information regarding your eligibility for sick leave, contact your manager.
Reasons for Leave
Sick leave may be taken for the following reasons:
• To care for your own, or a family member's, mental or physical illness, injury, or condition, including the need to obtain preventive medical care.
• For maternity or paternity leave.
• For absences from work when such absences are necessary because you or your family member have been a victim of domestic violence, sexual assault, or stalking and the leave is used:
o To obtain medical or health attention;
o To obtain services from a victim services organization;
o For legal services or proceedings; or
o Because you have temporarily relocated as a result of the domestic violence, sexual assault, or stalking.
Family member means:
• Your biological, adopted, foster, or stepchild;
• A child for whom you have legal or physical custody or guardianship;
• A child for whom you stand in loco parentis, regardless of the child's age;
• You or your spouse's biological, adoptive, foster, or stepparent;
• You or your spouse's legal guardian or ward;
• Your spouse;
• An individual who acted as a parent or stood in loco parentis to you or your spouse when you or your spouse was a minor;
• Your biological, adopted, foster, or step grandparent; and
• Your biological, adopted, foster, or step sibling.
Accrual and Usage
Eligible team members accrue one hour of sick leave for every 30 hours of work up to a maximum of 40 hours per year. New team members begin accruing sick leave on their first day of employment. For this calculation, team members exempt from overtime under the Fair Labor Standards Act will be assumed to work 40 hours each workweek.
For purposes of this policy the leave year is any consecutive 12-month period.
You are not entitled to earn sick leave during:
• A two-week pay period in which you worked fewer than 24 hours total;
• A one-week pay period if you worked fewer than a combined total of 24 hours in the current and preceding pay period; or
• A pay period in which you were paid twice per month, and you worked fewer than 26 hours in the pay period.
• You may carry over up to 40 hours of accrued unused sick leave to the following leave year.
However, you may not:
• Accrue more than 40 hours of sick leave in a year;
• Accrue more than 64 total hours of sick leave at any time; or
• Use more than 64 hours of sick leave in a year.
You may not use sick leave during the first 106 calendar days of employment. To use sick leave between the 107th through the 120th calendar days after beginning employment, you must have agreed at the time of hire to provide verification that the use of leave was appropriate.
Notice
If the need for leave is foreseeable, you must provide notice at least three days before the first day sick leave is used. If unforeseeable, provide notice as soon as practical. If known, notice should include the expected length of the absence.
You may be denied leave if you fail to provide notice and your absence will cause a disruption to MarineMax.
Documentation
MarineMax may obtain documentation of the appropriate use of leave if the leave:
• Was used for more than two consecutive scheduled shifts; or
• Was used between the 107th and 120th calendar days of employment and you agreed to provide verification at the time of hire.
Payment Upon Separation
You will not be paid for any unused sick leave if our employment relationship should end.
Reinstatement of Sick Leave Upon Rehire
MarineMax will reinstate previously accrued, unused sick leave if you separate and are rehired within 37 weeks.
MarineMax will not retaliate against team members who request or take leave in accordance with this policy.
Parental Leave Policy
If eligible, MarineMax will allow you to take up to six workweeks of unpaid parental leave in a 12-month period for the birth of your child or for the placement of a child with you for adoption or foster care. To be eligible for parental leave, you must meet the following requirements:
• As of the date leave begins, you must be employed with MarineMax for at least 12 months and for 1,250 hours during the previous 12 months.
• You must work at a worksite where MarineMax employs at least 15 team members within a 75-mile radius.
• You must provide 30 days' written notice of the intent to take parental leave. However, if eligible, you may begin taking parental leave without prior notice following a premature birth, unexpected adoption, or unexpected foster placement.
MarineMax may deny a parental leave request if the denial is necessary to prevent substantial and grievous economic injury to business operations and MarineMax provides notification of the denial before leave begins. Although parental leave is unpaid, you may substitute any available PTO for any part or all of the parental leave period.
MarineMax will maintain your group health insurance coverage during the leave period under the same terms and conditions that would have applied had the leave not been taken. If you fail to return to work after leave, MarineMax may seek to recover any premiums paid for maintaining coverage by deducting the amount from your final wages, unless the failure to return to work was due to circumstances beyond your control.
Upon return from parental leave, you will be restored to the job held at the time the leave began or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment. MarineMax may deny reinstatement if the denial is necessary to prevent substantial and grievous economic injury to business operations. If MarineMax determines that it must deny reinstatement for this reason, you will be notified.
MarineMax will not separate from or otherwise discriminate against team members for requesting or taking parental leave; making a complaint to MarineMax, Secretary of Labor, or another person; or for bringing or participating in an action relating to a violation of this policy or the Maryland Parental Leave Act.
Massachusetts Policies
Policy Against Workplace Harassment
In addition to the MarineMax reporting process, if you believe you have been subjected to harassment, you may file a formal complaint with either or both of the government agencies listed here. Using our internal complaint process does not prohibit you from filing a complaint with these agencies. Claims must be filed with the Equal Employment Opportunity Commission (EEOC) and the Massachusetts Commission Against Discrimination (MCAD) within 300 days.
EEOC Boston Office
Address: John F. Kennedy Federal Building, 475 Government Center, Boston, MA 02203
Phone: 800-669-4000
Fax: 617-565-3196
TTY: 800-669-6820
ASL Video Phone: 844-234-5122
Website: https://publicportal.eeoc.gov/portal/
MCAD
Address: 1 Ashburton Place, Suite 601, Boston, MA 02108
Phone: 617-994-6000
TTY: 617-994-6196
Alternative Languages: 617-994-6196
Email: mcad@mass.gov
Fax: 617-994-6024
Disability Accommodation
In addition to the Disability Accommodation policy noted in our core handbook, MarineMax notes that where an individual is suffering from a pregnancy-related disability or condition, reasonable accommodation may include, but is not limited to:
• More frequent or longer paid or unpaid breaks;
• Time off to attend to a pregnancy complication or recover from childbirth with or without pay;
• Acquisition or modification of equipment or seating;
• Temporary transfer to a less strenuous or hazardous position;
• Job restructuring;
• Light duty;
• Private non-bathroom space for expressing breast milk;
• Assistance with manual labor; or
• A modified work schedule.
Pregnant Workers Fairness Act Notice
The Massachusetts Pregnant Workers Fairness Act prohibits discrimination against team members due to pregnancy or conditions related to pregnancy. MarineMax will also provide reasonable accommodations to team members who are pregnant or have a condition related to pregnancy. Conditions related to pregnancy include, but are not limited to, morning sickness, lactation, or the need to express breast milk.
See your manager or Human Resources Business Partner to request an accommodation.
MarineMax provides reporting time pay to nonexempt team members in accordance with applicable law. If you are scheduled to work three or more hours, you will be paid for at least three hours of work each day you report to work on time but are given no work or less than three hours of work. You will be paid your regular rate for the hours worked, plus payment at the minimum wage for applicable reporting time pay, not to exceed three hours.
Speak with your manager for more information regarding reporting time pay.
Wage Disclosure Protection
In accordance with Massachusetts law, MarineMax will not:
• Require, as a condition of employment, that you refrain from inquiring about, discussing, or disclosing your wages or the wages of other team members.
• Discharge or in any other manner retaliate against you because you:
o Opposed any act or practice that conflicts with this policy;
o Made or indicated an intent to file a complaint or otherwise cause to be instituted any proceeding regarding your rights under this policy;
o Testified or are about to testify, assist, or participate in any manner in an investigation or proceeding regarding your rights under this policy; or
o Disclosed your wages or inquired about or discussed the wages of other team members.
However, if you have access to or knowledge of the compensation information of other team members as a part of your essential job functions, you may not disclose that information to individuals who do not otherwise have access to it without prior written consent from the individual whose information is sought or requested, unless the compensation information is a public record.
This policy does not create an obligation for MarineMax to disclose wages.
If you believe that you have been discriminated or retaliated against in violation of this policy, immediately report your concerns to your Human Resources Business Partner
Nothing in this policy will be enforced to interfere with, restrain or coerce, or retaliate against team members regarding their rights under the National Labor Relations Act.
Paid Family and Medical Leave
MarineMax provides time off to eligible team members who qualify for paid family and medical leave (PFML) benefits under Massachusetts law. PFML benefits are funded through a state tax.
To be eligible for PFML, you must work in Massachusetts and meet the financial eligibility requirements for unemployment benefits under Massachusetts law at the time of your requested leave.
Reasons for Leave
PMFL may be taken for the following reasons:
• The birth of a child, adoption of a child, or foster care placement of a child with you (Family Leave).
• To care for your own serious health condition (Medical Leave).
• To care for a family member who is a covered service member (Family Leave).
• For a qualifying exigency related to a family member who is on active duty or has been notified of an impending call or order to active duty in the armed forces (Family Leave).
• To care for a family member with a serious health condition (Medical Leave). Family member means your spouse, domestic partner, child, parent, or parent of your spouse or domestic partner; a person who stood in loco parentis to you when you were a minor child; or your grandchild, grandparent, or sibling.
Covered service member means:
• A member of the armed forces, including a member of the National Guard or Reserves, who is:
o Undergoing medical treatment, recuperation, or therapy;
o Otherwise in outpatient status; or
o Is otherwise on the temporary disability retired list for a serious injury or illness that was incurred by the member in the line of duty on active duty in the armed forces, or a serious injury or illness that existed before the beginning of the member's active duty and was aggravated by service in the line of duty on active duty in the armed forces; or
• A former member of the armed forces, including a former member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy for:
o A serious injury or illness that was incurred by the member in line of duty on active duty in the armed forces; or
o A serious injury or illness 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 manifested before or after the member was discharged or released from service.
Serious health condition means an illness, injury, impairment, or physical or mental condition that involves either inpatient care in a hospital, hospice, or residential medical facility, or continuing treatment by a health care provider. To qualify as "continuing treatment," the patient must either be incapacitated for more than three consecutive full calendar days, incapacitated due to pregnancy or prenatal care, or incapacitated due to a chronic serious health condition that requires periodic treatment and continues over an extended period of time.
Leave Usage
Eligible team members may take up to 26 total weeks total of family and medical leave. Individually, the law provides:
• Up to 12 weeks of paid family leave in a leave year:
o For the birth, adoption, or foster care placement of a child; or
o To care for a family member with a serious health condition; or
o Due to a qualifying exigency arising out of the fact that a family member is on active duty or has been notified of an impending call to active duty in the armed forces.
• Up to 20 weeks of paid medical leave in a leave year for a serious health condition that causes you to be unable to perform the functions of your position.
• Up to 26 weeks of paid family leave in a leave year to care for a family member who is a covered service member undergoing medical treatment or otherwise addressing the consequences of a serious health condition relating to the family member's military service.
For purposes of this policy, the leave year is the consecutive 52-week period beginning on the Sunday immediately before the first day that you take family or medical leave.
Intermittent Leave
If medically necessary, you may take PFML intermittently or on a reduced schedule basis:
• To care for your own, a family member's, or a covered service member's, serious health condition.
• Because of a qualifying exigency related to your family member who is on active duty or has been notified of an impending call or order to active duty.
If leave is taken for the birth, adoption, or placement of a child, you may only take leave intermittently or on a reduced schedule basis if you and MarineMax agree.
Interaction with Other Laws
PFML will run concurrently with any leave for which you may be eligible under the federal Family and Medical Leave Act (FMLA) and the Massachusetts Parental Leave Act (MPLA).
Notice
Where the need for leave is foreseeable at least 30 days in advance, you must provide at least 30 days' written notice. If the need for leave is not foreseeable at least 30 days in advance, you must give notice as soon as practical under the circumstances.
In addition, if you are seeking intermittent or reduced schedule leave that is foreseeable due to a planned medical treatment, you must consult with MarineMax in advance of your application for benefits and make a reasonable effort to schedule treatment so as to not unduly disrupt MarineMax's operations, subject to the approval of your health care provider.
Failure to provide appropriate notice may result in the delay or denial of leave, where consistent with Massachusetts law.
Claims
To obtain PFML benefits, you must file an application for benefits with the Massachusetts Department of Family and Medical Leave (DFML). You must provide notice to MarineMax prior to filing your application for benefits with the DFML. The DFML will accept an application up to 60 days prior to the anticipated leave start date. All applications must be supported by a certification showing that the leave is for a qualifying reason. Applications and other forms are available from the DFML website (https://www.mass.gov/guides/what-is-paidfamily-and-medical-leave#-how-can-i-apply-for-paid-leave-massachusetts-benefits?-) You should be notified by the DFML of the approval or denial of your application within 14 calendar days.
Fitness for Duty Requirements
If you take leave because of your own serious health condition (except if you are taking intermittent leave), you are required to provide medical certification that you are fit to resume work. You will not be permitted to resume work until certification is provided.
Continuation of Health Benefits
If MarineMax provides you with health benefits under a group health plan, MarineMax will maintain and pay for your health coverage at the same level and under the same conditions as coverage would have been provided if you had not taken PFML. If you use paid time off to cover part or all of PFML leave, the team member portion of any premiums will continue to be paid through payroll deductions. If you are not using paid time off to cover
part or all of PFML leave, you will be responsible for remitting your portion of health premiums to MarineMax in order to ensure continuation of benefits.
Reinstatement
Upon return from covered PFML, you will be reinstated to your previous position or to an equivalent position, with the same status, pay, employment benefits, length-of-service credit and seniority credit as of the date of leave. However, MarineMax reserves the right to deny reinstatement if other team members of equal length of service credit and status in the same or equivalent positions have been laid off due to economic conditions or other changes in operating conditions affecting employment during the period of leave.
Benefit Amount
A team member's weekly PFML benefits are calculated and provided by the Family and Employment Security Trust Fund. No family or medical leave benefits are payable during the first seven calendar days of an approved initial claim for benefits, and this initial waiting period will count against the total available period of leave in a benefit year. Where the approved claim involves leave on an intermittent or reduced leave schedule, the wait period will be seven consecutive calendar days, not the total accumulation of seven days of leave.
Substitution of Accrued Paid Leave
Team members or covered individuals who are approved for paid leave benefits may choose to use available PTO rather than receive a paid benefit under the PFML regulations. Team members or covered individuals may not be compensated with PFML benefits for any period of time for which they received compensation through the use of available paid leave. The use of paid time off will run concurrently with the leave period provided under PFML.
Retaliation
MarineMax will not retaliate against team members who request or take PFML in accordance with this policy.
Sick Leave
MarineMax provides paid sick leave to eligible team members in accordance with the Massachusetts Earned Sick Time Law. All team members whose primary place of employment is Massachusetts are eligible for sick leave.
Sick leave may be taken for the following reasons:
• To care for your own or a family member's physical or mental illness, injury, or medical condition that requires home care, professional medical diagnosis or care, or preventative medical care.
• To attend your own or a family member's medical appointments.
• To address the physical, legal, or psychological effects of domestic violence inflicted on you or your child.
Family member means:
• Your child (including a biological, adopted, foster, or stepchild; legal ward; or person for whom you have assumed parental responsibilities).
• Your spouse.
• You or your spouse's parents (including a biological, adoptive, foster, or stepparent, or any person who assumed parental responsibilities over you or your spouse as a child).
Accrual and Usage
Eligible team members accrue one hour of sick leave for every 30 hours worked per leave year, up to a maximum of 40 hours. New team members begin accruing sick leave on their first day of employment. For purposes of this policy, the leave year is any consecutive 12-month period If you are classified as exempt, you are presumed to work 40 hours per week, unless you are normally scheduled to work fewer than 40 hours, in which case sick leave accrues based on your normal schedule.
You may use up to 40 hours of sick leave per leave year, and you may begin using sick leave on your 90th calendar day of employment. The smallest amount of sick leave you may take is one hour. You may carry over up to 40 hours of unused sick leave to the following leave year.
Notice
If the need for leave is foreseeable, you must make a good faith effort to provide advance notice. If unforeseeable, provide notice as soon as practical. If known, notice should include the expected length of the absence.
Documentation
MarineMax may require you to submit documentation to support your use of sick leave if your absence:
• Exceeds 24 consecutively scheduled work hours or three consecutive days on which you are scheduled to work;
• Occurs within two weeks prior to your final scheduled day of work (except in the case of temporary team members); or
• Occurs after four unforeseeable and undocumented absences within a three-month period.
Any reasonable documentation signed by a health care provider indicating the need for sick leave for personal illness, the illness of a family member, or a routine medical examination for you or your family member will be acceptable.
Required documentation must be submitted within seven days of the absence. Additional time will be allowed if good cause can be shown.
Payment upon Termination
You will not be paid for any unused sick leave when your employment ends.
Interaction with Other Leave
Sick leave will run concurrently with other types of leave where permitted under applicable law. You may choose to use, or MarineMax may require you to use, paid sick leave to receive pay when taking other statutorily authorized leave that would otherwise be unpaid.
MarineMax will not retaliate against team members who request or take leave in accordance with this policy.
Parental Leave
MarineMax provides up to eight weeks of paid leave in a 12-month period to team members for the birth or adoption of a child. You must work full time and have twelve consecutive months of employment with MarineMax to qualify for this leave.
You must provide at least two weeks' notice of the anticipated date of departure and the date you intend to return, or provide notice as soon as practicable if there are reasons beyond your control.
You will be placed in your original job or an equivalent job with equivalent pay and benefits upon return from leave. You will not lose any benefits that accrued before leave was taken.
Federal FMLA leave, and Massachusetts parental leave run concurrently and cannot be used consecutively if leave is covered under both laws.
MarineMax will not retaliate against team members who request or take leave in accordance with this policy.
Small Necessities Leave
Pursuant to the Massachusetts Small Necessities Leave Act, MarineMax will provide eligible team members with up to 24 hours of unpaid leave during any 12-month period for the following reasons:
• To participate in school, Head Start, and day care activities directly related to the educational advancement of your child, including parent-teacher conferences or interviewing for a new school.
• To accompany your child to routine medical or dental appointments, including check-ups or vaccinations.
• To accompany your elderly relative to routine medical or dental appointments or appointments for other professional services related to the elder's care, including interviewing at nursing or group homes.
Leave may be taken intermittently or on a reduced leave schedule.
You are eligible for small necessities leave if you have worked for MarineMax for 12 months, either consecutively or nonconsecutively, and worked at least 1,250 hours in the previous 12-month period.
If the need for leave is foreseeable, you must provide seven days' notice. Otherwise, provide notice as soon as possible. You may also be required to submit certification verifying the reason for the leave. You may elect to use PTO in place of unpaid leave.
MarineMax will not retaliate against team members who request or take leave in accordance with this policy.
Michigan Policies
Paid Medical Leave
MarineMax provides paid medical leave to eligible, nonexempt team members in accordance with Michigan's Paid Medical Leave Act.
To be eligible for medical leave you generally must be subject to both federal income tax withholding and the overtime requirements of the federal Fair Labor Standards Act.
Some team members may be exempt from medical leave; ask your manager if you are eligible.
Reasons for Leave
Medical leave may be taken for the following reasons:
• For the diagnosis, care, or treatment of your own or a family member's mental or physical illness, injury, or other health condition, or for preventative medical care.
• Absence necessary due to circumstances resulting from you or a family member having been a victim of domestic or sexual violence, if the leave is:
o For medical care or psychological or other counseling for physical or psychological injury or disability;
o To obtain services from a victim services organization;
o To relocate due to domestic violence or sexual assault;
o To obtain legal services; or
o To participate in any civil or criminal proceedings related to or resulting from the domestic violence or sexual assault.
• Absences necessary due to:
o Your primary workplace being closed by order of a public official due to a public health emergency;
o Your need to care for your child whose school or place of care has been closed by order of a public official due to a public health emergency; or
o Your, or a family member's, exposure to a communicable disease, if it has been determined by the health authorities that you or a family member's presence in the community would jeopardize the health of others because of the exposure to a communicable disease.
Family member means:
• A biological, adopted, or foster child, stepchild or legal ward, or a child to whom you stand in loco parentis.
• Your biological parent, foster parent, stepparent, or adoptive parent or a legal guardian of your spouse or an individual who stood in loco parentis when you were a minor child.
• An individual to whom you are legally married under the laws of any state.
• A grandparent.
• A grandchild.
• A biological, foster, or adopted sibling.
Accrual and Usage
Eligible team members accrue one hour of medical leave for every 35 hours worked up to a maximum accrual of 40 hours per leave year. New team members begin accruing medical leave on their first day of employment. You may not accrue more than one hour of leave in a calendar week or more than 40 hours of leave in a leave year. For purposes of this policy, the leave year is any consecutive 12-month period
You may begin using accrued medical leave after you have worked for MarineMax for 90 days. You may not use more than 40 hours of paid medical leave in a leave year. You may be required to use other paid leave benefits prior to using paid medical leave. You may carry over up to 40 hours of unused accrued medical leave to the following leave year.
Medical leave must be used in four-hour increments.
Compensation
You will be compensated for medical leave at your regular rate of pay or the applicable state minimum wage, whichever is greater.
Notice
If the need for leave is foreseeable, you must provide three days' advance notice and make reasonable efforts to schedule the leave so that it does not unduly disrupt Company operations. If unforeseeable, provide notice as soon as practical.
Documentation
If you are using medical leave because of domestic violence or sexual assault, you may be asked to provide documentation that the leave was used for that purpose. The documentation must be provided within three days of your request for leave and may include:
• A police report indicating that you or your family member were a victim of domestic violence or sexual assault.
• A signed statement from a victim and witness advocate affirming that you or your family member are receiving services from a victim services organization.
• A court document indicating that you or your family member are involved in legal action related to domestic violence or sexual assault.
MarineMax will not require disclosure of details relating to domestic violence or sexual assault or the details of you or your family member's medical condition as a condition of providing medical leave.
If MarineMax obtains health information or information pertaining to domestic violence or sexual assault about you or your family member, MarineMax will treat that information as confidential and will not disclose that information except to you or with your permission.
Payment upon Separation
You will not be paid for any unused medical leave when your employment ends.
Transfers
If you transfer to another division, entity, or location, you are entitled to all previously unused medical leave and may use it as described in this policy.
Reinstatement of Medical Leave Upon Rehire
MarineMax will not reinstate previously accrued, unused medical leave if you separate from employment and are subsequently rehired.
Retaliation
MarineMax will not retaliate against team members who request or take leave in accordance with this policy.
Wage Disclosure Protection
Under the Minnesota Wage Disclosure Protection law, you have the right to tell any person the amount of your own wages. MarineMax cannot retaliate against you for disclosing your own wages or discussing another team member's wages which have been disclosed voluntarily. Your remedies under the Wage Disclosure Protection law are to bring a civil action against MarineMax and/or file a complaint with the Minnesota Department of Labor and Industry at (651) 284-5070 or (800) 342-5354.
Pregnancy and Parenting Leave
MarineMax provides eligible team members with up to 12 weeks total of unpaid pregnancy or parenting leave in accordance with the Minnesota Pregnancy and Parenting Leave Act (MPPLA).
To be eligible for pregnancy and parenting leave, you must:
• Have worked for MarineMax for at least 12 months before requesting leave; and
• Work an average number of hours per week equal to at least one-half the full-time equivalent position in your job classification, as defined by MarineMax policies or practices or pursuant to the provisions of a collective-bargaining agreement, during the 12-month period immediately preceding the leave.
Use of Leave
MPPLA leave is available to biological or adoptive parents in conjunction with the birth or adoption of a child. A child is a person under the age of 18 or is under the age of 20 but still attending a secondary school. Leave must start within 12 months of the birth or adoption; however, if the child remains in the hospital longer than the mother, leave must begin within 12 months after the child leaves the hospital (parenting leave).
MPPLA leave is also available to eligible female team members for prenatal care or for incapacity due to pregnancy, childbirth, or related health conditions and will begin at the time you request (pregnancy leave).
Interaction with FMLA
MPPLA leave and FMLA leave run concurrently, which means the leave provided by each individual law will count against your entitlement under both laws. However, if you take FMLA leave for unrelated reasons (such as a back injury not caused by pregnancy), you will still be entitled to 12 weeks of leave for pregnancy-related illness and parental leave.
Return to Work
After leave, you will be returned to your former position or to a position of comparable duties, number of hours, and pay. However, if during such leave MarineMax experiences a layoff and you would have lost your job had you not been on leave, you will not be reinstated. In this situation, you will retain all rights under MarineMax layoff and recall system.
Upon agreement with MarineMax, you may return to work part time during the leave period without forfeiting the right to return to employment at the end of the leave period.
Notice
You must provide reasonable advance notice of the dates leave will begin and the estimated amount of leave that will be taken. If the leave is for more than one month, you must notify your manager at least two weeks prior to returning from such leave.
Substitution of Paid Leave
The amount of MPPLA leave will be reduced by any paid leave provided by MarineMax, including disability, personal, medical, or sick leave, or available vacation time, so the total leave (MPPLA leave plus paid leave) is not more than 12 weeks.
Benefits
MarineMax will continue to provide insurance coverage under any group insurance policy, group subscriber contract, or health care plan to you and your dependents as if you were not on leave. However, during the leave period, you will be required to pay the full cost of coverage, including any contributions formerly paid by MarineMax when you were not on leave. In some instances, MarineMax may recover premiums it paid to maintain health coverage or other benefits for you and your family.
Abuse of Leave
If you are found to have provided a false reason for a leave, you will be subject to corrective action, up to and including the end of our employment relationship
Retaliation
MarineMax will not retaliate against team members who request or take leave in accordance with this policy.
Sick and Safe Leave
Eligibility
MarineMax provides Sick and Safe Time (SST) to team members who perform work within Minnesota for at least 80 hours in a year. For team members who work in Minnesota and are eligible for sick and safe time under the general policy, this policy applies only as much as it provides better benefits/rights on any specific issues.
Grant
Team members receive a grant of 48 hours of paid SST at the start of employment and 48 hours at the beginning of each calendar year after.
Usage
Team members can begin to use SST immediately, and it can be used in (1 hour increments/4 hour increments) for the following reasons:
1. The team member's own mental or physical illness, injury, or health condition to accommodate the team member's need for medical diagnosis, care, or treatment of these conditions or for preventive medical care;
2. Care of a family member with a mental or physical illness, injury, or health condition who needs medical diagnosis, care, or treatment of these conditions, or for a family member who needs preventive medical care;
3. Absences due to domestic abuse, sexual assault, or stalking of the team member or their family member, provided the absence is for medical attention related to physical or psychological injury or disability caused by domestic abuse, sexual assault, or stalking; to obtain services from a victim services organization; to obtain psychological or other counseling; to relocate or take steps to secure an existing home due to domestic abuse, sexual assault, or stalking; or to seek legal advice or take legal action, including preparing for or participating in any civil or criminal proceedings related to or resulting from domestic abuse, sexual assault, or stalking;
4. The closure of MarineMax due to weather or other public emergency;
5. To accommodate the team member's need to care for a family member whose school or place of care has been closed due to weather or other public emergency;
6. The team member's inability to work or telework because the team member is:
i. Prohibited from working by MarineMax due to health concerns related to the potential transmission of a communicable illness related to a public emergency; or
ii. Seeking or awaiting the results of a diagnostic test for, or a medical diagnosis of, a communicable disease related to a public emergency and such team member has been exposed to a communicable disease or MarineMax has requested a test or diagnosis; and
7. When it has been determined by appropriate health authorities or healthcare professionals that the presence of the team member or their family member in the community would jeopardize the health of others because of the exposure to a communicable disease, whether or not the team member or family member has actually contracted the communicable disease.
As used in this policy, "family member" means a child (including child-in-law), spouse or registered domestic partner, sibling (including a sibling-in-law), parent, grandchild, grandparent, a child of a sibling, a sibling of the parents of the team member or the team member's spouse or registered domestic partner, any other individual related by blood or whose close association with the team member is the equivalent of a family relationship, or one individual annually designated by the team member. The family members listed above are not limited to biological family members, but also include step-, foster, adoptive, half-relations, and those who stand in loco parentis and legal guardians.
Unless the team member advises otherwise, MarineMax will assume, subject to applicable law, that team members want to use available SST for absences for reasons above and team members will be paid for those absences to the extent they have SST available.
Team members will be provided with SST balance and usage information on their pay statement.
Notice and Documentation
When the need to use SST is foreseeable, team members must provide seven (7) days advance notice to Human Resources. When the need to use SST is not foreseeable, team members must provide notice to Human Resources as soon as practicable. For SST of more than three (3) consecutive workdays, team members may also be required to provide reasonable documentation that SST was taken for a covered reason. For example, for SST used for reasons (1), (2), (6), or (7) above, documentation signed by a licensed health care provider indicating the need for the amount of SST taken and that SST was used for a covered reason under this policy and/or applicable law will be considered reasonable documentation. The documentation provided does not need to specify the nature of the injury, illness, or condition, except as required by law. Supporting documentation will not be required for the above purposes if it would result in an unreasonable expense on the team member or where the team member did not receive services from a health care professional. In this event, reasonable documentation may include a written statement from the team
member. For example, for SST used for reason (3) above, documentation signed by the team member or volunteer of a victim services organization, an attorney, a police officer, or an antiviolence counselor will be considered reasonable documentation. The documentation provided does not need to specify the details of the domestic abuse, sexual assault, or stalking.
Payment
SST is paid at the team member’s standard hourly rate of pay for the time they were scheduled to work during the time SST is used, unless otherwise required by applicable law. Use of SST is not considered hours worked for purposes of calculating overtime.
If your employment with MarineMax ends, accrued, unused SST will not be paid out.
Enforcement & Retaliation
Team members may receive corrective action for using SST for a reason other than the covered reasons above, to the maximum extent permitted by applicable law. Retaliation against team members who request or use SST is prohibited.
Team members have the right to file a complaint with the Minnesota Department of Labor and Industry or bring a civil action if they believe they have been denied SST, retaliated against, or that their rights to SST has been otherwise interfered with or restrained.
Team members with questions regarding this policy can contact Human Resources
Nevada Policies
Wage Disclosure Protection
In accordance with Nevada law, MarineMax will not discriminate against you for inquiring, discussing, or voluntarily disclosing your wages or the wages of other team members.
However, if you have access to the compensation information of other team members as a part of your essential job functions, you may not disclose that information to individuals who do not otherwise have access to it, unless the disclosure is ordered by a court or the Nevada Labor Commissioner.
If you believe that you have been discriminated or retaliated against in violation of this policy, immediately report your concerns to your Human Resources Business Partner
Nothing in this policy will be enforced to interfere with, restrain or coerce, or retaliate against team members regarding their rights under the National Labor Relations Act.
New Hampshire Policies
Reporting Time Pay
MarineMax provides reporting time pay to nonexempt team members in accordance with applicable law. If you report to work at the request of MarineMax and you are not needed to work, you will be paid for a minimum of two hours at your regular rate.
Speak with your manager for more information regarding reporting time pay
Pregnancy Disability Leave
If you are unable to perform the essential functions of your job due to a temporary physical disability resulting from pregnancy, childbirth, or related medical conditions, MarineMax will permit you to take a leave of absence for the period of your disability. If you are also eligible for leave under the federal Family and Medical Leave Act (FMLA), such leave will run concurrently.
Upon return to work, you will be reinstated to your original job or to a comparable position unless business necessity makes doing so impossible or unreasonable.
MarineMax will not retaliate against team members who request or take leave in accordance with this policy.
New Jersey Policies
Reporting Time Pay
MarineMax provides reporting time pay to nonexempt team members in accordance with applicable law. If you report to work at the request of MarineMax and you are not needed to work the minimum number of hours agreed upon, you will be paid for a least one hour at the applicable wage rate.
Speak with your manager for more information regarding reporting time pay.
Family Leave
MarineMax provides leave in accordance with the New Jersey Family Leave Act (NJFLA), which provides eligible team members with unpaid, job-protected leave under certain circumstances.
To qualify for NJFLA leave, you must have:
• Worked for MarineMax for at least 12 months; and
• Worked at least 1,000 hours during the immediately preceding 12 months.
Leave Entitlement
Eligible team members may take up to 12 weeks of [[paid/unpaid]] NJFLA leave in a 24-month period. The 24month period is measured rolling backward from the date leave is used, and leave may be used for any of the following reasons:
• The birth of a child and in order to care for such child (leave must be completed within one year of the child's birth).
• The placement of a child with you for adoption or foster care and in order to care for the newly placed child (leave must be completed within one year of the child's placement).
• To care for a family member with a serious health condition.
• Where a state of emergency is declared by the Governor or is considered necessary by the Commissioner of Health or other public health authority, due to an epidemic of a communicable disease, a known or suspected exposure to the communicable disease, or efforts to prevent spread of a communicable disease, which:
o Requires in-home care or treatment of your child due to the closure of the school or place of care, by order of a public official due to the epidemic, or other public health emergency;
o Prompts the issuance by a public health authority of a de-discharge, including by mandatory quarantine, requiring or imposing responsive or prophylactic measures as a result of illness caused by the epidemic or exposure because the presence of a family member for whom you provide care would jeopardize the health of others in the community; or
o Results in the recommendation of a health care provider or public health authority that a family member for whom you provide care voluntarily undergo self-quarantine as a result of suspected exposure to a communicable disease because the presence in the community would jeopardize the health of others.
Child means a biological, adopted, foster child, or resource family child, stepchild, legal ward, or child of a parent, including a child who becomes the child of a parent pursuant to a valid written agreement between the parent and a gestational carrier.
Family member means a child, parent, parent-in-law, sibling, grandparent, grandchild, spouse, domestic partner, or one partner in a civil union couple, or any other individual related by blood to you, and any other individual that has a close association with you, which is the equivalent of a family relationship.
Parent means a person who is the biological parent, adoptive parent, foster parent, resource family parent, stepparent, parent-in-law, or legal guardian who has a "parent-child relationship" with a child as defined by law, or has sole or joint legal or physical custody, care, guardianship, or visitation with a child, or who became the parent of the child pursuant to a valid written agreement between the parent and a gestational carrier.
Serious health condition means an illness, injury, impairment, or physical or mental condition requiring:
• Inpatient care in a hospital, hospice, or residential medical care facility; or
• Continuing medical treatment or continuing supervision by a health care provider.
Leave taken because of the birth or placement for adoption of a child may begin at any time within a year after the date of the birth, or placement for foster care or adoption.
Intermittent or Reduced Schedule Leave
You may take NJFLA leave:
• As a single block of time.
• By reducing your normal weekly work schedule for no more than 12 consecutive months for any one period of leave.
• Intermittently in increments lasting at least one week, but less than 12 weeks in a consecutive 12month period, when medically necessary.
You must make a reasonable effort to schedule leave so as not to unduly disrupt business operations.
Where intermittent leave is taken, you may be required to transfer to an alternative position having the equivalent pay and benefits and which better accommodates recurring periods of leave.
Interaction with Other Laws
If you are eligible for leave under both the federal Family and Medical Leave Act (FMLA) and the NJFLA, your leaves under both will run concurrently.
Layoffs
If you have been laid off due to a state of emergency since October 22, 2012, you may receive credit (as if you had worked) for up to 90 calendar days toward the 12-month base period for purposes of calculating eligibility for leave.
Outside Employment
During your leave you may not perform services on a full-time basis for any person you did not provide those services to immediately prior to starting your leave.
Notice of Leave
If your need for NJFLA leave is for the birth or adoption of a child, you must give MarineMax at least 30 days' prior written notice if reasonably foreseeable. If the need for leave is due to a covered serious health condition, you must provide at least 15 days' prior written notice. If the need for leave is unforeseeable, you must provide notice as soon as practicable. Failure to provide such notice may delay your leave.
Key Team members
Key team members may be denied NJFLA leave if the leave would cause “substantial and grievous economic injury” to Company operations. Key team members are defined as the highest-paid 5 percent of salaried team members in an organization, or as one of the seven highest-paid team members, whichever is greater.
This does not apply when the family leave is due to:
• A health care provider, the Commissioner of Health, or other authorized public official has ordered, directed, or recommended that the family member for which you provide care be isolated or quarantined; or
• The closure of a family member’s place of care because of a state of emergency declared by the Governor or by order of the Commissioner of Health or other authorized public official during an epidemic of a communicable disease, or a known or suspected exposure to a communicable disease.
Maintenance of Health Benefits
MarineMax will maintain your group health plan coverage during NJFLA leave on the same terms as if you had continued to work. If applicable, you must arrange to pay your share of health plan premiums while on leave. In some instances, MarineMax may recover premiums paid to maintain health coverage or other benefits for you and your dependents. Use of NJFLA leave will not result in the loss of any employment benefit that accrued prior to the start of the leave.
Reinstatement
If you are returning from an authorized NJFLA leave, you will be reinstated to the same or a similar position, unless you are a key team member or unless MarineMax experiences a layoff during your leave, and you would have been laid off if you had not been on leave. Unpaid family leave time is counted toward seniority for layoff purposes.
MarineMax is not required to permit a return to work prior to the pre-arranged expiration of the NJFLA leave if returns from other leaves are treated the same way, or if such early return will cause undue hardship on MarineMax
Substitution of Paid Leave
Consistent with Company policies, you may be required to substitute certain earned paid leave time for unpaid family medical leave.
Abuse of Leave
If you are found to have provided a false reason for a leave, you will be subject to corrective action, up to and including the end of our employment relationship
MarineMax will not discriminate or retaliate against team members for requesting or taking leave under this policy.
Family Leave Insurance
New Jersey’s Family Leave Insurance (FLI) program provides eligible team members with up to 12 weeks (or up to 56 days for intermittent leave) of partial wage replacement benefits in a 12-month period during periods of unemployment for time taken:
• To care for or bond with a newborn child during the first 12 months after the child’s birth. You, your domestic partner, or your civil union partner must be the baby’s biological parent, or you must be the parent of the child pursuant to a valid gestational carrier agreement.
• To care for or bond with an adopted child or a child placed into foster care with you during the first 12 months after the child’s placement.
• To care for a family member with a serious health condition.
• To care for a victim of domestic violence or a sexually violent offence or for a victim’s family member.
• Where a state of emergency is declared by the Governor or is considered necessary by the Commissioner of Health or other public health authority, due to an epidemic of a communicable disease, a known or suspected exposure to the communicable disease, or efforts to prevent spread of a communicable disease, which:
o Requires in-home care or treatment of your child due to the closure of the school or place of care, by order of a public official due to the epidemic, or other public health emergency;
o Prompts the issuance by a public health authority of a de-discharge, including by mandatory quarantine, requiring or imposing responsive or prophylactic measures as a result of illness caused by the epidemic or exposure because the presence of a family member for whom you provide care would jeopardize the health of others in the community; or
o Results in the recommendation of a health care provider or public health authority that a family member for whom you provide care voluntarily undergo self-quarantine as a result of suspected exposure to a communicable disease because the presence in the community would jeopardize the health of others.
As used in this policy:
• Family member means your child, parent, parent-in-law, sibling, grandparent, grandchild, spouse, domestic partner, civil union partner, and any other person related by blood to you or with whom you have a close association that is the equivalent of a family relationship.
• Child means your biological, adopted, foster, or stepchild; your legal ward; or a child of your domestic partner or civil union partner. A child gained by way of a valid written contract between the parent and a surrogate (gestational carrier) is included in this definition.
To be eligible for FLI coverage you must have worked for 20 or more calendar weeks in covered New Jersey employment and meet the minimum wage requirements of the state plan.
FLI provides a monetary benefit and is financed by worker payroll deductions. The FLI program does not offer a leave entitlement, and team members taking FLI-covered leave are not guaranteed job restoration under the FLI program.
FLI benefits may run concurrently with leave taken under the federal Family and Medical Leave Act or the New Jersey Family Leave Act where applicable.
To claim FLI benefits for leave taken to bond with a newborn or newly adopted or fostered child on a single continuous, non-intermittent basis, you must provide your manager with at least 30 days’ notice prior to beginning the family leave. Failure to provide this notice may result in a 14-day reduction in your maximum FLI benefits entitlement for the 12-month period, unless the need for leave time is unforeseeable or changes for unforeseeable reasons.
To claim FLI benefits for leave taken to bond with a newborn or newly adopted or fostered child on an intermittent basis, provide your manager with at least 15 days’ notice prior to beginning the intermittent family leave, unless the need for leave is due to an emergency or other unforeseen circumstance. You must make reasonable efforts to schedule the leave so as not to unduly disrupt the operations of MarineMax and, if possible, provide your manager, prior to the commencement of intermittent leave, with a regular schedule of the days or days of the week on which the intermittent leave will be taken.
To claim FLI benefits for leave taken to care for a family member with a serious health condition on a continuous, non-intermittent basis, provide MarineMax with a reasonable amount of prior notice, unless the need for leave is due to an emergency or other unforeseen circumstance.
To claim FLI benefits for leave taken to care for a family member with a serious health condition on an intermittent basis, provide MarineMax with at least 15 days’ notice prior to beginning the intermittent family leave, unless the need for leave is due to an emergency or other unforeseen circumstance.
MarineMax will not discriminate or retaliate against team members for requesting or obtaining FLI benefits.
You are responsible for filing your claim for benefits with the New Jersey Department of Labor. Eligibility for benefits and the maximum weekly benefit are determined by the state of New Jersey. For information about FLI benefits, including eligibility requirements or to file a claim, visit the New Jersey Department of Labor and Workforce Development website (http://www.nj.gov/labor/).
New Jersey SAFE Act Leave
In accordance with the New Jersey Security and Financial Empowerment Act (NJ SAFE Act), MarineMax provides up to 20 days of unpaid leave to team members who are victims of domestic violence or sexual assault, or whose family member is a victim. To be eligible, you must have worked at least 1,000 hours during the immediately preceding 12-month period.
Use of Leave
You may use leave under the NJ SAFE Act for the purpose of engaging in any of the following activities as they relate to an incident of domestic violence or a sexually violent offense:
• Seeking medical attention for, or recovering from, physical or psychological injuries caused by domestic or sexual violence to you or your family member.
• Obtaining services from a victim services organization for yourself or your family member.
• Obtaining psychological or other counseling for yourself or your family member.
• Participating in safety planning, temporarily or permanently relocating, or taking other actions to increase the safety from future domestic violence or sexual violence or to ensure the economic security of yourself or your family member.
• Seeking legal assistance or remedies to ensure your own health and safety or that of your family member, including preparing for or participating in any civil or criminal legal proceeding related to or derived from domestic violence or sexual violence.
• Attending, participating in, or preparing for a criminal or civil court proceeding relating to an incident of domestic or sexual violence of which you or your family member was a victim.
Family member means a child, parent, parent-in-law, sibling, grandparent, grandchild, spouse, domestic partner, or one partner in a civil union couple, or any other individual related by blood to you, and any other individual that has a close association with you, which is the equivalent of a family relationship.
Child means a biological, adopted, foster child, or resource family child, stepchild, legal ward, or child of a parent, including a child who becomes the child of a parent pursuant to a valid written agreement between the parent and a gestational carrier.
Parent means a person who is the biological parent, adoptive parent, foster parent, resource family parent, stepparent, parent-in-law, or legal guardian who has a “parent-child relationship” with a child as defined by law, or has sole or joint legal or physical custody, care, guardianship, or visitation with a child, or who became the parent of the child pursuant to a valid written agreement between the parent and a gestational carrier.
Usage
You must use leave under the NJ SAFE Act in the 12-month period immediately following an instance of domestic violence or a sexually violent offense. The unpaid leave may be taken intermittently in intervals of no less than one day.
You may use any available paid vacation leave, personal leave, medical or sick leave, or any family temporary disability leave benefits during any part of the 20-day period of unpaid leave. The unpaid leave will run concurrently with any paid vacation leave, personal leave, medical or sick leave, or temporary disability benefits that you elect to use. If you request leave for a reason covered by both the NJ SAFE Act and the Family Leave Act, or the federal Family and Medical Leave Act, the leave will count simultaneously against your entitlement under each respective law.
Notice
Provide reasonable written notice of the need for leave. MarineMax may require you to provide documentation supporting the need for leave. MarineMax will treat such documentation as confidential, unless disclosure is voluntarily authorized in writing by you or is authorized by a federal or state law, rule, or regulation.
Retaliation
MarineMax will not retaliate against team members for requesting or taking leave in accordance with this policy or refusing to authorize the release of information deemed confidential under the NJ SAFE Act
Sick Leave
MarineMax provides paid sick leave to eligible team members in accordance with New Jersey’s Earned Sick Leave Law. All team members who work in New Jersey are eligible for paid sick leave.
Reasons for Leave
Sick leave may be taken for the following reasons:
1. For the diagnosis, care, treatment of, or recovery from a mental or physical illness, injury, or other adverse health condition, or for your own preventative medical care;
2. To aid or care for a member of your family during diagnosis, care, treatment of, or recovery from the family member’s mental or physical illness, injury, or other adverse health condition, or during the family member’s preventative medical care;
3. For absences necessary due to circumstances resulting from you or a family member having been a victim of domestic or sexual violence, if the leave allows you to obtain for yourself or the family member medical attention needed to recover from physical or psychological injury or disability caused by domestic or sexual violence; services from a designated domestic violence agency or other victim services organization; psychological or other counseling; relocation; or legal services, including obtaining a restraining order or preparing for, or participating in, any civil or criminal proceeding related to the domestic or sexual violence;
4. Time needed in connection with your child to attend a school-related conference, meeting, function, or other event requested or required by a school administrator, teacher, or other professional staff member responsible for the child’s education, or to attend a meeting regarding care provided to your child in connection with his or her health condition or disability.
5. When you are not able to work because of:
o The closure of your workplace, the closure of your child’s school or place of care, by order of a public official or because of a state of emergency declared by the Governor, due to an epidemic or other public health emergency;
o The declaration of a state emergency by the Governor, or the issuance by a health care provider or the Commissioner of Health or other public health authority of a de-discharge that your or your family member’s presence in the community would jeopardize the health of others; or
o During a state of emergency declared by the Governor or upon the recommendation, direction, or order of a health care provider, the Commissioner of Health, or other authorized public official that you undergo isolation or quarantine, or care for a family member in quarantine, as a result of suspected exposure to a communicable disease and a finding by the provider or authority that you or your family member’s presence in the community would jeopardize the health of others.
Family member means:
• Your child, grandchild, sibling, spouse, domestic partner, civil union partner, parent, or grandparent.
• The spouse, domestic partner, or civil union partner of a parent or grandparent.
• A sibling of your spouse, domestic partner, or civil union partner.
• Any other individual related by blood to you or whose close association with you is the equivalent of a family relationship.
Accrual and Usage
Eligible team members accrue one hour for every 30 hours worked up to a maximum accrual of 40 hours in a leave year. New team members begin accruing sick leave on their first day of employment. For purposes of this policy, the leave year is any consecutive 12-month period. If you are classified as exempt, you are presumed to work 40 hours per week, unless you are normally scheduled to work fewer than 40 hours, in which case sick leave accrues based on your normal schedule. You may begin using sick leave after you have worked for MarineMax for 120 days.
You may carry over up to 40 hours of unused accrued sick leave to the following leave year; however, you may only use 40 hours of sick leave in any given leave year.
Compensation
You will be compensated for sick leave at your regular rate of pay.
Notice
If the need for leave is foreseeable, you must provide seven days’ advance notice and make reasonable efforts to schedule the leave so that it does not unduly disrupt Company operations. If unforeseeable, provide notice as soon as practical. If known, notice should include the expected length of the absence.
Documentation
If you are absent for three or more consecutive days, you may be requested to provide reasonable documentation showing that the leave is being taken for permitted purposes. Reasonable documentation includes:
• For leave taken as described in bullets (1) and (2) above, documentation signed by the health care professional treating you or your family member showing the need for leave and, if possible, the number of days of leave needed.
• For leave taken as described in bullet (3), medical documentation; a law enforcement agency record or report; a court order; documentation that the perpetrator of the domestic or sexual violence has been convicted of a domestic or sexual violence offense; certification from a certified Domestic Violence Specialist or a representative of a designated domestic violence agency or other victim services organization; or other documentation or certification provided by a social worker, counselor, member of the clergy, shelter worker, health care professional, attorney, or other professional who has assisted you or your family member in dealing with the domestic or sexual violence.
• For leave taken as described in bullet (4), a copy of the order of the public official or the de-discharge by the health authority.
Sick leave will run concurrently with the federal Family and Medical Leave Act and/or other leaves where permitted under state and federal law.
Payment upon Termination
You will not be paid for any unused sick leave when your employment ends.
Transfers
If you transfer to another division, entity, or location, you are entitled to all previously unused sick leave and may use it as described in this policy.
Reinstatement of Sick Leave upon Rehire
MarineMax will reinstate previously accrued, unused sick leave if you separate and are rehired in New Jersey within six months.
MarineMax will not retaliate against team members who request or take leave in accordance with this policy.
Temporary Disability Insurance
If you are unable to work for more than seven consecutive days due to a non-work-related illness or injury, or a pregnancy-related disability, you may be eligible for temporary disability insurance (TDI) benefits. TDI provides eligible team members with up to 26 weeks of partial wage replacement benefits in a year, as specified under the law.
The cost of your TDI coverage is [[paid by MarineMax, shared between you and MarineMax through payroll deductions]].
To file a claim for benefits, contact your Human Resources Business Partner or your manager. You must file a claim for benefits within 30 days of becoming disabled. If you file a claim more than 30 days after the start of your disability, all or some benefits may be forfeited.
For additional information on the MarineMax plan, contact your Human Resources Business Partner or your manager. Learn more about the New Jersey Temporary Disability Insurance law from the New Jersey Department of Labor and Workforce Development website (http://www.nj.gov/labor/)
Coronavirus (COVID-19) Leave
During the Public Health Emergency and State of Emergency declared by Governor Phil Murphy in 2020 Executive Order 103 concerning the coronavirus (COVID-19) pandemic, MarineMax will not terminate or otherwise penalize you for requesting or taking time off from work based on the written or electronically transmitted recommendation of a medical professional licensed in New Jersey that you take that time off for a specified period because you have, or are likely to have, an infectious disease, which may infect others at your workplace.
Upon return from this leave, MarineMax will reinstate you to the position you held when leave began, with no reduction in seniority, status, employment benefits, pay, or other terms and conditions of employment.
Depending on the need for leave, during your leave you may be eligible for some combination of earned sick leave, temporary disability insurance (TDI), or workers' compensation coverage.
New York Policies
Policy Against Workplace Harassment
MarineMax encourages team members to report incidents of discrimination and harassment internally. However, team members who believe they have been subjected to discrimination or harassment in the workplace may file a private civil action or seek relief by either:
• Filing a complaint alleging violation of the New York State Human Rights law with the Division of Human Rights, or in the New York State Supreme Court; or
• Filing a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) for violation of federal antidiscrimination laws, including Title VII of the Civil Rights Act of 1964 (Title VII).
To file a complaint, contact the appropriate agency below.
Contact Information
New York Division of Human Rights
One Fordham Plaza, Fourth Floor Bronx, New York, NY 10458 718-741-8400
1-800-HARASS-3 (1-800-427-2773): Toll-free, confidential hotline for complaints of workplace sexual harassment
www.dhr.ny.gov
Equal Employment Opportunity Commission (EEOC)
800-669-4000
TTY: 800-669-6820
info@eeoc.gov www.eeoc.gov
Local jurisdictions may have additional protections against discrimination and harassment. For example, workers in New York City may file complaints of discrimination or harassment with the New York City Commission on Human Rights at:
Law Enforcement Bureau
Commission on Human Rights 40 Rector Street, 10th Floor New York, NY 10006
212-306-7450
www.nyc.gov/html/cchr/html/home/home.shtml
If the discrimination or harassment involves criminal activity, contact local police.
In any civil action alleging a violation of the laws prohibiting sexual harassment and discrimination, a court may order or award:
• Damages including but not limited to back pay, benefits, and reasonable attorneys' fees and costs;
• Injunctive relief;
• Reinstatement; and/or
• Liquidated damages equal to 100 percent of the award for damages.
Any act of retaliation against New York team members for exercising any rights granted under this policy may subject MarineMax to separate civil penalties. For the purposes of this policy, prohibited actions include discharging, suspending, demoting, or otherwise penalizing team members for:
• Making or threatening to make a complaint to MarineMax, a coworker, or to a public body, that rights guaranteed under this policy have been violated;
• Causing to be instituted any proceeding under or related to this policy; or
• Providing information to or testifying before any public body conducting an investigation, hearing, or inquiry into any such violation of a law, rule, or regulation by MarineMax.
Sexual Harassment Prevention
MarineMax is committed to maintaining a workplace free from sexual harassment. Sexual harassment is a form of workplace discrimination. Sexual harassment is unlawful and subjects MarineMax to liability. MarineMax prohibits any form of sexual harassment, and all team members are required to work in a manner that prevents sexual harassment in the workplace. This policy is one component of our commitment to a harassment-free and discrimination-free work environment.
You have the right to a workplace free from sexual harassment and can enforce this right by filing a complaint internally with MarineMax, with an administrative agency, or in a federal, state, or local court (if applicable).
Policy
• Application. This policy applies to all team members, applicants for employment, interns (paid or unpaid), and "non-team members," regardless of immigration status. A non-team member is someone who is (or is employed by) a contractor, subcontractor, vendor, consultant, or anyone providing services pursuant to a contract with MarineMax. Protected non-team members include persons commonly referred to as independent contractors, "gig" workers, and temporary workers. Also included are persons providing equipment repair, cleaning services, or any other services pursuant to a contract with the employer.
• Sexual Harassment Prohibited. Sexual harassment is prohibited. Sexual harassment is a form of misconduct and will not be tolerated. All team members or other individuals covered under this policy who engage in sexual harassment will be subject to corrective action, up to and including the end of our employment relationship.
• Retaliation Prohibited. MarineMax will not take an adverse employment action against any person covered by this policy who in good faith reports an incident of sexual harassment, provides information about an incident of sexual harassment, or otherwise assists in an investigation of a sexual harassment complaint. MarineMax will not tolerate retaliation against anyone who, in good faith, reports or provides information about suspected sexual harassment. Anyone who retaliates against another individual involved in a sexual harassment investigation will be subjected to corrective action, up to and including the end of our employment relationship. All team members, interns, or non-team members in the workplace who believe they have been subjected to such retaliation should inform their manager or Human Resources Business Partner. All team members paid or unpaid interns, or non-team members who believe they have been a target of such retaliation may also seek relief in other available forums, as explained below.
• Liability for Sexual Harassment. Sexual harassment is offensive, is a violation of Company policy, is unlawful, and subjects MarineMax to liability to victims of sexual harassment. Sexual harassers may also be individually subject to liability. Any individual, including management, who engages in sexual harassment or who allows such behavior to continue, will be penalized for such misconduct.
• Investigation of Sexual Harassment Claims. MarineMax will conduct a timely investigation when management receives a complaint about possible sexual harassment or otherwise knows of possible sexual harassment occurring. MarineMax will keep the investigation confidential to the extent possible. MarineMax will take corrective action when sexual harassment is found to have occurred. All team members, including managers and managers, are required to cooperate with any investigation of sexual harassment.
• Reporting Sexual Harassment. All team members and any other individuals covered by this policy are encouraged to report any behavior or conduct that violates MarineMax sexual harassment policy. A complaint form is provided below.
• Reporting for Managers and Supervisors. Managers and managers are required to report any sexual harassment complaint that they receive and any sexual harassment that they observe to their Human Resources Business Partner.
Definition of Sexual Harassment
Sexual harassment is a form of sex discrimination and is unlawful under federal, state, and (where applicable) local law. Sexual harassment includes harassment on the basis of sex, sexual orientation, self-identified or perceived sex, gender expression, gender identity, and the status of being transgender.
Sexual harassment is unlawful when it subjects an individual to inferior terms, conditions, or privileges of employment. Harassment need not be severe or pervasive to be unlawful and can be any harassing conduct that consists of more than petty slights or trivial inconveniences.
Sexual harassment includes unwelcome conduct that is either of a sexual nature or that is directed at an individual because of that individual's sex when:
• Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment, even if the complaining individual is not the intended target of the sexual harassment;
• Such conduct is made either explicitly or implicitly a term or condition of employment; or
• Submission to or rejection of such conduct is used as the basis for employment decisions affecting an individual's employment.
A sexually harassing hostile work environment consists of words, signs, jokes, pranks, intimidation, or physical violence that are of a sexual nature. Sexual harassment also consists of any unwanted verbal or physical advances, sexually explicit derogatory statements, or sexually discriminatory remarks made by someone that are offensive or objectionable to the recipient, that cause the recipient discomfort or humiliation, or that interfere with the recipient's job performance.
Unlawful sexual harassment is not limited to the physical workplace itself. It can occur while team members are traveling for business or at employer-sponsored events or parties. Calls, texts, emails, and social media usage by team members can constitute unlawful workplace harassment, even if they occur away from the workplace premises or not during work hours.
Sexual harassment also occurs when a person in authority tries to trade job benefits for sexual favors. This can include hiring, promotion, continued employment, or any other terms, conditions, or privileges of employment. This is called "quid pro quo" harassment.
Sexual harassment can occur between any individuals, regardless of their sex or gender
Although it is not possible to identify every act that constitutes sexual harassment, the following are some examples:
• Physical acts of a sexual nature, such as:
o Touching, pinching, patting, grabbing, brushing against another team member's body or poking another team members' body; or
o Rape, sexual battery, molestation, or attempts to commit these assaults.
• Unwanted sexual advances, requests, or propositions, such as:
o Requests for dates after being informed that interest is unwelcome;
o Offers of employment benefits such as promotions, favorable evaluations, favorable duties, or shifts in exchange for sexual favors;
o Requests for sexual favors accompanied by implied or overt threats concerning the victim's job performance evaluation, a promotion, or other job benefits or detriments; or
o Subtle or obvious pressure for unwelcome sexual activities.
• Sexually oriented gestures, noises, remarks, jokes, or comments about a person's sexuality, sexual experience, sexual behavior, or physical appearance, which create a hostile work environment.
• Sex stereotyping occurs when conduct or personality traits are considered inappropriate simply because they may not conform to other people's ideas or perceptions about how individuals of a particular sex should look or act.
• Sexual or discriminatory displays or publications anywhere in the workplace, such as displaying emails, pictures, posters, calendars, graffiti, objects, promotional material, reading materials, or other materials that are sexually demeaning or pornographic (this includes sexual displays on workplace computers or cell phones and sharing these displays while in the workplace).
• Hostile actions taken against an individual because of that individual's sex, sexual orientation, gender identity, and the status of being transgender, such as:
o Interfering with, destroying, or damaging a person's workstation, tools, or equipment, or otherwise interfering with the individual's ability to perform the job;
o Sabotaging an individual's work; or
o Bullying, yelling, or name-calling.
Retaliation
Unlawful retaliation can be any action that could discourage a worker from coming forward to make or support a sexual harassment claim. Adverse action need not be job-related or occur in the workplace to constitute unlawful retaliation (for example, threats of physical violence outside of work hours).
MarineMax prohibits retaliation against a team member who engages in "protected activity," which occurs when a team member has:
• Filed a formal complaint of sexual harassment either internally with MarineMax or externally with an administrative agency or a court of law;
• Testified or assisted in an administrative or court proceeding involving sexual harassment;
• Opposed sexual harassment by making a verbal or informal complaint to management or by informing a manager or manager of harassment;
• Complained that another team member has been sexually harassed; or
• Encouraged a fellow team member to report harassment.
MarineMax anti-retaliation provision is not intended to protect persons making intentionally false charges of sexual harassment.
Reporting Sexual Harassment
Preventing sexual harassment is everyone's responsibility. MarineMax cannot prevent or remedy sexual harassment unless we know about it. Reports of sexual harassment may be made verbally or in writing. If you believe you have been subjected to sexual harassment, or if you witness or become aware of potential instances of sexual harassment, complete a complaint form (at the end of this policy) and submit it to your manager. If you are reporting sexual harassment on behalf of other team members, use the complaint form in this policy and note you are reporting on another's behalf.
Supervisory Responsibilities
Supervisors and managers who receive a sexual harassment complaint or who observe sexual harassment are required to report that complaint or observation to your Human Resources Business Partner Supervisors and managers who knowingly allow sexual harassment to occur and fail to report the sexual harassment will be subject to corrective action, up to and including the end of our employment relationship
Supervisors and managers engaging in retaliation against anyone who reports sexual harassment will also be subject to corrective action, up to and including the end of our employment relationship
Investigation of Sexual Harassment Complaints
All complaints or information about sexual harassment will be investigated, whether that information was reported in verbal or written form. Investigations will be conducted in a timely manner and will be confidential to the extent possible.
An investigation of any complaint, information, or knowledge of suspected sexual harassment will be prompt and thorough, will commence immediately, and will be completed as quickly as possible. All persons involved, including complainants, witnesses, and alleged harassers will be accorded due process, as outlined below, to protect their rights to a fair and impartial investigation.
Any individual may be required to cooperate as needed in an investigation of suspected sexual harassment. MarineMax will not tolerate retaliation against team members who file complaints, support another's complaint, or participate in an investigation regarding a violation of this policy.
While the process may vary from case to case, investigations will generally include the following steps:
• Upon receipt of complaint, a member of the Human Resources department will conduct an immediate review of the allegations and take any interim actions (such as instructing the respondent to refrain from communications with the complainant), as appropriate. If the complaint is verbal, you will be encouraged to complete the Complaint Form in writing. If you refuse, MarineMax may prepare a Complaint Form based on the verbal reporting.
• If documents, emails, or phone records are relevant to the investigation, MarineMax will take steps to obtain and preserve them.
• MarineMax will request and review all relevant documents, including all electronic communications.
• MarineMax will interview all parties involved, including any relevant witnesses.
• MarineMax will create a written documentation of the investigation (such as a letter, memo, or email) containing the following:
o A list of all documents reviewed, along with a detailed summary of relevant documents;
o A list of names of those interviewed, along with a detailed summary of their statements;
o A timeline of events;
o A summary of prior relevant incidents, reported or unreported; and
o The basis for the decision and final resolution of the complaint, together with any corrective action(s).
• MarineMax will keep the written documentation and associated documents in a secure and confidential location.
• MarineMax will promptly notify the individual who reported and the individual(s) about whom the complaint was made of the final de-discharge and implement any corrective actions identified in the written document.
• MarineMax will inform the individual who reported of the right to file a complaint or charge externally as outlined in the next section.
Legal Protections and External Remedies
Sexual harassment is not only prohibited by MarineMax but also by federal, state, and local law. In addition to our internal process, team members may choose to pursue legal remedies with the administrative agencies listed next.
Equal Employment Opportunity Commission (EEOC)
The EEOC enforces federal antidiscrimination laws. Complaints can be filed with the EEOC within 300 days of the harassment. There is no cost to file a complaint with the EEOC. The EEOC will investigate the complaint and determine whether there is reasonable cause to believe that discrimination has occurred and will issue a "right to sue" letter permitting you to file a complaint in federal court. Federal courts may award you remedies if discrimination is found to have occurred, including back pay, front pay, and compensatory and punitive damages. The EEOC does not award relief but may take other action including pursuing cases in federal court on behalf of complaining parties.
If you believe you have been discriminated against, file a "charge of discrimination" with the EEOC. The EEOC has an office at 33 Whitehall Street, 5th Floor, New York, NY 10004. You can also contact the EEOC by phone (1-800-669-4000) or email (info@eeoc.gov). The EEOC's website is www.eeoc.gov.
New York State Division of Human Rights (NYSDHR)
The New York State Human Rights Law (NYSHRL) prohibits sexual harassment against team members, interns (paid or unpaid), and "non-team members," a category that includes contractors, subcontractors, vendors, consultants, and any other person who provides services under a contract. You can file a sexual harassment complaint under the NYSHRL with the NYSDHR or in New York State court.
Complaints with the NYSDHR may be filed within one year of the sexual harassment. If you did not file at the NYSDHR, you can sue directly in state court under the NYSHRL within three years of the alleged harassment. You may not file with the NYSDHR if you have already filed a NYSHRL complaint in state court. If you filed an administrative complaint with the NYSDHR, the NYSDHR will file the complaint with the EEOC to preserve the right to proceed in federal court.
Complaining internally to MarineMax does not extend your time to file with the NYSDHR or in state court. The one year or three years is counted from the date of the most recent sexual harassment incident.
You do not need an attorney to file a complaint with the NYSDHR and there is no cost to file a complaint.
The NYSDHR will investigate your complaint and determine whether there is probable cause to believe that discrimination has occurred. Probable cause cases are sent to a public hearing before an administrative law judge. If discrimination is found after a hearing, the NYSDHR has the power to award relief. Under the NYSHRL, courts may award back pay, front pay, compensatory damages, a civil monetary penalty, and attorney's fees.
The NYSDHR's main office is at One Fordham Plaza, Fourth Floor, Bronx, NY 10458. You can also contact the NYSDHR by phone (1-888-392-3644) or email (info@dhr.ny.gov). The NYSDHR's website is dhr.ny.gov/complaint. The website has a complaint form that can be downloaded, filled out, notarized, and mailed to the NYSDHR. The website also contains contact information for the NYSDHR's regional offices. You may also file a complaint on the NYSDHR's toll-free, confidential hotline at 1-800-HARASS-3 (1-800-4272773)
New York City Commission on Human Rights (NYCCHR)
The New York City Human Rights Law (NYCHRL) prohibits sexual harassment against team members in New York City. You can file a complaint of sexual harassment under the NYCHRL with the New York City Commission on Human Rights (NYCCHR) or in New York State court. You must file your complaint with the NYCCHR or in state court within three years of the alleged harassment. Under the NYCHRL, courts may award back pay, front pay, compensatory and punitive damages, and attorney's fees, expert fees, and costs.
The NYCCHR's main office is at 40 Rector Street, 10th Floor, New York, NY 10006. Contact the NYCCHR by phone (718-722-3131), or by website: www.nyc.gov/html/cchr/html/home/home.shtml
Other Localities
Other localities may have their own laws protecting individuals from sexual harassment. Contact the county, city, or town in which you live to find out if such a law exists. If the harassment involves unwanted physical touching, coerced physical confinement, or coerced sex acts, the conduct may constitute a crime. Contact the local police department.
Complaint Form for Reporting Sexual Harassment
Complaint Process & Information
If you believe that you have been subjected to sexual harassment, you are encouraged to complete this form and submit it to your Human Resources Business Partner. You will not be retaliated against for filing a complaint.
If you are more comfortable reporting verbally or in another manner, your employer should complete this form, provide you with a copy, and follow its sexual harassment prevention policy by investigating the claims as outlined at the end of this form.
Complainant Information
Name:
Work Address:
Work Phone:
Job Title:
Email:
Select Preferred Communication Method: (Email, Phone, In person)
Supervisor Information
Immediate Supervisor's Name: Title:
Work Phone:
Work Address:
Complaint Information
1. Your complaint of sexual harassment is made against: Name: Title: Work Address: Work Phone:
Relationship to you: (manager; subordinate; co-worker; other)
2. Please describe the conduct or incident(s) that is the basis of this complaint and your reasons for concluding that the conduct is sexual harassment. Please use additional sheets of paper if necessary and attach any relevant documents or evidence.
3. Date(s) sexual harassment occurred:
Is the sexual harassment continuing? (Yes/No)
4. Please list the name and contact information of any witnesses or individuals that may have information related to your complaint: The last question is optional but may help facilitate the investigation.
5. Have you previously complained or provided information (verbal or written) about sexual harassment at MarineMax? If yes, when and to whom did you complain or provide information?
If you have retained legal counsel and would like us to work with them, please provide their contact information.
Signature:
Date:
Wage Disclosure Protection
In accordance with New York law, MarineMax will not prohibit you from inquiring about, discussing, or disclosing your wages or the wages of other team members.
MarineMax prohibits team members from discussing or disclosing the wages of another team member without that person’s prior permission.
If you have access to or knowledge of the compensation information of other team members as a part of your essential job functions, you may not disclose that information to individuals who do not otherwise have authorized access to it, unless the disclosure is:
• In response to a formal charge or complaint; or
• In furtherance of an investigation, proceeding, hearing, or other action (including an investigation conducted by MarineMax).
This policy does not require you to disclose your wages.
If you believe that you have been discriminated or retaliated against in violation of this policy, immediately report your concerns to your Human Resources Business Partner
Failure to adhere to this policy may lead to corrective action including, but not limited to, termination.
Nothing in this policy will be enforced to interfere with, restrain or coerce, or retaliate against team members regarding their rights under the National Labor Relations Act, or any collective-bargaining agreement
Meal Periods
MarineMax strives to provide a safe and healthy work environment and complies with all federal and state regulations regarding meal periods. Under New York law:
• Workers employed in, or in connection with, a factory are entitled to a 60-minute unpaid meal period between 11 a.m. and 2 p.m., and a 60-minute unpaid meal period midway between the beginning and end of any shift that starts between 1 p.m. and 6 a.m. and lasts more than six hours.
• Non-factory workers are entitled to a 30-minute unpaid meal period between 11 a.m. and 2 p.m. for shifts six hours or longer that extend over that period, and a 45-minute unpaid meal period midway between the beginning and end of a shift that starts between 1 p.m. and 6 a.m. and lasts more than six hours.
• All workers are entitled to an additional 20-minute unpaid meal period between 5 p.m. and 7 p.m. for workdays that extend from before 11 a.m. to after 7 p.m.
MarineMax may limit meal periods to a minimum of 30 minutes as long as there is no indication of hardship to the team members. You will not be required to work during your meal period unless otherwise permitted under applicable law.
Check with your manager regarding procedures and schedules for meal periods.
MarineMax requests that team members accurately observe and record meal periods. If you know in advance that you may not be able to take your scheduled meal period or are not fully relieved of all duties, let your
manager know; in addition, notify your manager as soon as possible if you were unable to take or were prohibited from taking a meal period.
Reporting Time Pay
MarineMax provides reporting time pay (also referred to as call-in pay) to nonexempt team members in accordance with applicable law. If you report to work at the request or permission of the Company and you are not needed to work, you will be paid the basic minimum hourly wage for the lesser of:
• Four hours.
• The number of hours in your regular shift.
If the amount of your total wages for the workweek exceeds the minimum wage and the overtime rate for the number of hours worked and the minimum wage rate for any reporting time pay owed, no additional payment for reporting pay is required during that workweek.
Speak with your manager for more information regarding reporting time pay
COVID-19 Sick Leave
If you are, or your minor dependent child is, subject to an individual order of mandatory or precautionary quarantine or isolation issued by New York State, the New York State Department of Health, a local board of health, or any other government entity authorized to issue such order due to COVID-19 (Individual Quarantine Order), you may be eligible for paid and/or unpaid leave in addition to paid family leave benefits (PFLB) and disability benefits (DB).
Program Specifics
For the duration of the Individual Quarantine Order MarineMax is required to provide you with at least 14 days of paid sick leave.
Leave will be provided without the loss of any accrued sick leave.
You are not eligible for leave if you are deemed asymptomatic or have not yet been diagnosed with a medical condition and are physically able to work remotely or through other means while under an Individual Quarantine Order.
If you have returned to the United States after non-business-related travel to a country from which the Centers for Disease Control and Prevention (CDC) has issued a level two or three travel health notice, you are not eligible for these benefits if you were provided notice of the travel advisory, were warned that you would not be eligible for such benefits if you elected to travel to such countries, and chose to travel anyway. All team members in this category are entitled to use any accrued leave provided by MarineMax. If you do not have any accrued leave, you may use unpaid leave for the duration of the quarantine or isolation.
Restoration
Upon return from leave, you will be restored to the same position you held prior to the leave with the same pay and other terms and conditions of your employment.
How to Apply for Benefits
Information on how to apply for DB and/or PFLB when you are under an Individual Quarantine Order is available at https://paidfamilyleave.ny.gov/if-you-are-quarantined-yourself#how-to-apply
Business Closure
If MarineMax temporarily closes or goes out of business due to COVID-19, you may not be eligible for the above-mentioned benefits and should immediately apply for unemployment insurance. The unemployment insurance benefits one-week waiting period has been waived. Information on how to file a claim can be obtained at https://labor.ny.gov/unemploymentassistance.shtm
Discrimination and Retaliation
MarineMax will not discriminate or retaliate against team members who take leave in accordance with this policy
COVID-19 Vaccination Leave
MarineMax will provide all team members sufficient paid leave to obtain a COVID-19 vaccination. Sufficient paid leave means up to four hours per vaccine injection.
If the need for leave is foreseeable, provide as much advance notice as possible and make reasonable efforts to schedule the leave so that it does not unduly disrupt MarineMax operations. If unforeseeable, provide notice as soon as practical
You will be compensated at your regular rate of pay for the time missed from work. The leave will not be charged against any other leave benefit to which you are entitled, including sick leave.
MarineMax will not retaliate against team members who request or take leave in accordance with this policy.
This policy expires on December 31, 2023.
Disability Benefits
If you are unable to work for more than seven consecutive days due to a non-work-related illness or injury, or pregnancy-related disability, you may be eligible for disability benefits. Disability benefits provide up to 26 weeks of partial wage replacement benefits during any 52-consecutive-week period. Benefits are payable beginning on the eighth consecutive day of disability.
The cost of your disability insurance coverage is [[paid by MarineMax, shared between you and MarineMax through payroll deductions]].
If you have been disabled for more than seven days, MarineMax will provide you with a Form DB-271S, Statement of Rights, within five days of learning that you are disabled. The Statement of Rights provides information on how to file a claim for benefits. You must file a claim within the first 30 days of your disability or all or part of your claim may be rejected. You must be under the care of a physician, chiropractor, podiatrist, psychologist, dentist, or certified nurse midwife to qualify for disability benefits.
Disability benefits are a wage replacement benefit, not a protected leave benefit. If you are temporarily disabled, you may be eligible for job-protected leave under the federal Family and Medical Leave Act or other state or local law.
To learn more about the New York Disability Benefits law, including eligibility requirements and benefits, or to obtain a claim form (Form DB-450), contact the New York State Workers' Compensation Board (www.wcb.ny.gov).
Paid Family Leave
New York's Paid Family Leave (PFL) program provides eligible team members with job-protected, paid time off to:
• Bond with a newly born, adopted, or fostered child.
• Care for a close relative with a serious health condition.
• Assist with family situations when a family member is deployed abroad on active military service.
Eligible team members may take PFL leave as follows:
• If you work full time (a regular schedule of 20 or more hours per week), you are eligible after 26 consecutive weeks of employment.
• If you work part time (a regular schedule of less than 20 hours per week), you are eligible after working 175 days, which do not need to be consecutive.
Amount of Benefit
You will be provided up to 12 weeks of leave at 67 percent of your weekly pay (capped at 67 percent of statewide average pay).
You may not use accrued leave in order to receive full pay while on PFL.
Funding
PFL is funded through team member payroll contributions that are set each year to match the cost of coverage. The rate of team member contributions is reviewed annually and is subject to change by the New York State Department of Financial Services.
If you are not eligible for PFL, you will be provided a waiver to sign and PFL contributions will not be deducted from your wages.
Qualifying Events
If you are eligible, you may use family leave benefits for the following types of leaves:
• New child: You may take PFL during the first 12 months following the birth, adoption, or fostering of a child. Expectant mothers cannot take PFL for their own pregnancy. PFL for the birth of a child begins after the child's birth and is not available for prenatal conditions.
• Serious health condition: You may take PFL to care for a close relative with a serious health condition. The relative may live outside of New York State and even outside the country. You cannot take PFL for your own health condition.
• Military active service deployment: You may take PFL to assist with family situations arising when your spouse, domestic partner, child, or parent is deployed abroad on active military service or has been notified of an impending military deployment abroad. You cannot use PFL for your own qualifying military event.
As used in this policy:
• Close relative includes a spouse, domestic partner, child and stepchild, parent and stepparent, parentin-law, grandparent and grandchild.
• Serious health condition is an illness, injury, impairment, or physical or mental condition, including transplantation preparation and recovery from surgery related to organ or tissue donation, that involves inpatient care in a hospital, hospice, or residential medical facility; or continuing medical treatment or continuing supervision by a health care provider.
Health Insurance
Your health insurance will continue while you are on leave; however, if you contribute to the cost of your health insurance, you must continue to pay your portion of the premium cost while on leave.
Interaction with Other Laws
PFL may be taken by team members who are eligible for time off under the federal Family and Medical Leave Act. PFL will run concurrently with designated FMLA leave when the reason for leave qualifies under both PFL and FMLA. Eligible team members must then apply for both PFL and FMLA.
You may not receive short-term disability and PFL benefits at the same time. You may not take more than 26 combined weeks of short-term disability and PFL in a 52-week period.
If you are unable to work and qualify for workers' compensation benefits, you may not use PFL benefits at the same time as you are receiving workers' compensation benefits. If you are receiving reduced earnings, you may be eligible for PFL.
Notice and Required Documentation
Notify your Human Resources Business Partner if you intend to claim entitlement to PFL. If your family leave is foreseeable, give 30 days' advance notice so MarineMax can plan for your absence. If the event was not foreseeable, notify your manager as quickly as possible. If you fail to give notice without unusual circumstances justifying the failure, PFL may be delayed or partially denied.
You must provide documentation in support of your PFL request within 30 days after the leave begins. MarineMax may require additional proof from time to time but not more often than once a week. Proof must include a statement of disability from the leave recipient's health care provider.
Returning to Work
On return from PFL, you will be reinstated to your original position, or if no longer available, an equivalent position with equivalent terms and conditions of employment, including pay and employment benefits.
Use of PFL will not result in the loss of any employment benefit that accrued before the start of your family leave that was not used during your family leave.
MarineMax will not retaliate against team members who request or take leave in accordance with this policy.
Additional Information
If you have additional questions regarding PFL, visit https://paidfamilyleave.ny.gov/.
Sick Leave
MarineMax provides paid sick leave to eligible team members in accordance with New York law. All team members are eligible for sick leave.
Reasons for Leave
Sick leave may be used for the following purposes:
• For your own or a family member's mental or physical illness, injury, or health condition regardless of whether such illness, injury, or health condition has been diagnosed or requires medical care at the time that you request leave;
• For the diagnosis, care, or treatment of your own or a family member's mental or physical illness, injury, or health condition or need for medical diagnosis or preventive care; or
• For your absence from work when you or your family member has been the victim of domestic violence, a family offense, sexual offense, stalking, or human trafficking and you need to:
o Obtain services from a domestic violence shelter, rape crisis center, or other services program;
o Participate in safety planning, temporarily or permanently relocate, or take other actions to increase your safety or the safety of your family members;
o Meet with an attorney or other social services provider to obtain information and advice on, and prepare for or participate in any criminal or civil proceeding;
o File a complaint or domestic incident report with law enforcement;
o Meet with a district attorney's office;
o Enroll children in a new school; or
o Take any other actions necessary to ensure your or a family member's health or safety or to protect those who associate or work with you.
If you are responsible for the domestic violence, family offense, sexual offense, stalking, or human trafficking, you are not eligible for leave under this policy.
Family member means:
• Your child, spouse, domestic partner, parent, sibling, grandchild, or grandparent; or
• The child or parent of your spouse or domestic partner.
Parent means:
• Your biological, foster, step- or adoptive parent; or
• A person who acted as your legal guardian or a person who stood in loco parentis when you were a minor child.
Child means:
• Your biological, adopted, or foster child;
• A legal ward; or
• A child for which you stand in loco parentis.
Accrual and Usage
Eligible team members accrue one hour of sick leave for every 30 hours worked, beginning on their first day of employment. You may use sick leave as it accrues.
You may use up to a maximum of 56 hours of sick leave in a leave year. For purposes of this policy, the leave year is any consecutive 12-month period. The minimum increment of sick leave that you may take at one time is four hours. Unused sick leave will carry over to the following leave year; however, you may still only use 56 hours of sick leave in a leave year.
Compensation
You will be paid at your regular rate of pay or the applicable minimum wage, whichever is greater.
Notice
If the need for leave is foreseeable, you must provide reasonable notice of your need for leave. If unforeseeable, provide notice as soon as practical. If known, notice should include the expected length of the absence.
Confidentiality
Details surrounding your request for leave will be kept confidential, except as required by federal or state law or as necessary to protect your safety in the workplace. You will not be required to disclose the nature of any medical condition or of any domestic violence/sexual offense matter necessitating the need for leave.
Recordkeeping
You may request (verbally or in writing) a summary of the amounts of sick leave you have accrued and used in the current calendar year and/or any previous calendar year. This information will be provided within three business days.
Payment upon Termination
You will not be paid for any unused sick leave when your employment ends.
Retaliation
MarineMax will not retaliate against team members who request or take leave in accordance with this policy.
Rhode Island Policies
Wage Disclosure Protection
In accordance with Rhode Island law, MarineMax will not:
• Prohibit you from inquiring about, discussing, or disclosing your wages or the wages of other team members.
• Discharge or in any other manner discriminate or retaliate against you for inquiring about, discussing, or disclosing your wages or the wages of other team members.
• Require you to sign a waiver or other document that purports to deny you the right to disclose or discuss your wages.
• Prohibit you from aiding or encouraging other team members to exercise their rights to inquire about, discuss, or disclose their wages.
However, if you have access to or knowledge of the compensation information of other team members as a part of your essential job functions, you may not disclose that information to individuals who do not otherwise have access to it, unless the disclosure is:
• In response to a formal complaint or charge;
• Part of an investigation, proceeding, hearing, or action, including an investigation conducted by the Company; or
• Consistent with the legal duty of MarineMax to furnish information.
Nothing in this policy requires you to disclose your wages.
If you believe that you have been discriminated or retaliated against in violation of this policy, immediately report your concerns to your Human Resources Business Partner.
Nothing in this policy will be enforced to interfere with, restrain or coerce, or retaliate against team members regarding their rights under the National Labor Relations Act or any collective bargaining agreement.
Reporting Time Pay
MarineMax provides reporting time pay to nonexempt team members in accordance with applicable law. If you report to work at the beginning of your work shift at the request or permission of the Company, you will be paid for all hours worked or at least three hours at your regular rate, whichever is greater and regardless of whether MarineMax provides you work.
Speak with your manager for more information regarding reporting time pay.
Parental and Family Medical Leave (RIPFMLA)
In accordance with the Rhode Island Parental and Family Medical Leave Act (RIPFMLA), MarineMax will provide eligible team members up to 13 consecutive workweeks of unpaid leave in any two calendar years under certain qualifying conditions.
To be eligible for RIPFMLA, you must:
• Work full-time, averaging at least 30 hours per week; and
• Have worked for MarineMax for 12 consecutive months.
Leave Entitlement
If eligible, you will be provided with 13 consecutive workweeks of unpaid leave in any two consecutive calendar years for:
• The birth of a child.
• The placement of a child 16 years or younger with you for adoption.
• The serious illness of a family member (parent, civil union partner, spouse, child, mother-in-law or father-in-law).
• Your own serious illness.
Interaction with Other Laws
If both are applicable, Family and Medical Leave Act (FMLA) and RIPFMLA leave run concurrently.
Notice
If you wish to take RIPFMLA leave you must provide at least 30 days' notice of the intended dates when such leave will begin and end, unless a medical emergency prevents you from providing such notice. MarineMax may require you to provide written certification from a physician specifying the probability up to duration of your leave.
Benefits
During leave, MarineMax will maintain your existing health benefits as if you had been continuously employed during the leave.
Reinstatement
Upon return from authorized RIPFMLA leave, you will be reinstated to your original position or a position with equivalent seniority, status, employment, benefits, pay, and other terms and conditions of employment.
Abuse of Leave
If you are found to have provided a false reason for a leave, you will be subject to corrective action, up to and including the end of our employment relationship.
Retaliation
MarineMax will not discriminate or retaliate against team members for requesting or taking leave under this policy.
Temporary Caregiver Insurance
Rhode Island's Temporary Caregiver Insurance (TCI) program provides up to 5 weeks of partial wage replacement benefits in a 52-week period to eligible team members who need to take time off from work to
care for a child, spouse, domestic partner, parent, parent-in-law or grandparent with a serious health condition, or to bond with a newborn child, adopted child, or foster child.
TCI provides a monetary benefit and is financed by team member payroll deductions. To be eligible for benefits, you must have worked in Rhode Island, paid into the Temporary Disability Insurance (TDI) fund, and meet certain earnings requirements.
To receive TCI benefits, you must provide MarineMax with at least 30 days' notice of your intent to take leave to care for a family member or to bond with a child. The notice must specify the date you will begin leave and the expected date you will return to work. Failure to provide notice may delay or reduce benefits, unless the leave was unforeseeable or the time of the leave changes for unforeseeable reasons.
To obtain TCI benefits, you must file a claim with the Rhode Island Department of Labor and Training (DLT) no later than 30 days after your first day of leave. You must be out of work due to the need to provide care for a seriously ill child, spouse, domestic partner, parent, parent-in-law, grandparent, or to bond with a new child, adopted child, or foster child for at least seven consecutive days to be eligible for benefits. For bonding leave, you will be required to submit proof of the parent-child relationship. For caregiver leave, you will be required to provide medical documentation from a qualified health provider indicating the family member's serious health condition.
MarineMax will maintain your health insurance benefits while you are on leave for any reason covered by the TCI program; however, you are responsible for making any contributions you would normally make toward the cost of that insurance.
TCI will run concurrently with leave taken under federal FMLA and/or any state leave where applicable and permitted by law.
Upon return from leave, you will be reinstated to your former position or to a comparable position with equivalent seniority, status, employment benefits, pay, and other terms and conditions of employment, including fringe benefits. You are required to notify the DLT when you return to work.
Learn more about TCI benefits, including eligibility requirements and how to file a claim, at the DLT website (http://www.dlt.ri.gov/tdi/).
Temporary Disability Insurance
If you are unable to work for 7 or more consecutive days due to a non-work-related illness or injury, or pregnancy-related disability, you may be eligible for benefits under the Rhode Island Temporary Disability Insurance (TDI) program. The TDI program provides up to 30 weeks of partial wage replacement benefits and is funded entirely through team member payroll deductions.
To be eligible for TDI benefits you must have worked in Rhode Island, paid into the TDI fund, and meet certain earnings requirements.
To obtain TDI benefits, you must file a claim with the Rhode Island Department of Labor and Training (DLT) within 90 days of the first week you are out of work due to a non-work-related illness or injury, or pregnancyrelated disability. You cannot receive TDI benefits if you are receiving workers' compensation or unemployment insurance benefits.
To learn more about TDI benefits, including eligibility requirements and how to file a claim, contact the DLT at (401) 462-8420 or visit their website at http://www.dlt.ri.gov/tdi/
Sick Leave
MarineMax provides unpaid sick leave to eligible team members in accordance with Rhode Island's Healthy and Safe Families and Workplaces Act Most team members whose primary place of employment is in Rhode Island are eligible for sick leave.
Sick leave may be taken for the following reasons:
• For your own, or a family member's, mental or physical illness, injury, or health condition (medical diagnosis, care, treatment, or preventative medical care).
• When your place of business is closed by order of a public official due to a public health emergency.
• When your child's school or place of care is closed by order of a public official due to a public health emergency.
• To care for yourself or a family member when it has been determined by health authorities or a health care provider that you or your family member's presence in the community may jeopardize the health of others because of exposure to a communicable disease
• To address circumstances surrounding you or a family member being a victim of domestic violence, sexual assault, or stalking.
Family member means a child, parent, spouse, mother-in-law, father-in-law, grandparents, grandchildren, domestic partner, sibling, care recipient, or member of your household.
Accrual and Usage
Eligible team members accrue one hour of sick leave for every 35 hours worked or paid, up to a maximum of 40 hours per leave year. New team members begin accruing sick leave on their first day of employment. Leave accrues for all hours worked and all hours paid by MarineMax while collecting paid time off benefits, including but not limited to holiday pay, personal time, sick time, and vacation time. If you are classified as exempt, you are presumed to work 40 hours per week, unless you are normally scheduled to work fewer than 40 hours, in which case sick leave accrues based on your normal schedule. For purposes of this policy, the leave year is any consecutive 12-month period.
Most team members, except temporary or seasonal team members, may begin using sick leave on their 91st calendar day of employment. Temporary team members may begin using sick leave on their 180th calendar day of employment. Seasonal team members may begin using sick leave on their 150th calendar day of employment.
You may use up to 40 hours of sick leave per leave year. The minimum increment for using sick leave is four hours.
You are not required to find a replacement worker to cover the hours that you miss due to sick leave. If you are absent from work for any reason listed above, you and MarineMax may mutually agree that you will work an equivalent number of additional hours or shifts during the same or next pay period in lieu of using sick leave for your absence.
Unused sick leave is carried over the to the following calendar year; however, leave use is subject to the limits provided above.
Notice
If the need for leave is foreseeable, provide reasonable advance notice and make an effort to schedule the leave in a manner that does not unduly disrupt our operations. If unforeseeable, provide notice as soon as practical. If known, notice should include the expected length of the absence.
Documentation
If sick leave is used for more than three consecutive workdays, MarineMax require you to provide reasonable documentation showing that the leave was used for the purposes described above. Reasonable documentation includes:
• Documentation signed by a health care professional indicating that sick leave is necessary.
• A written statement by you stating that you or your family member is a victim of domestic violence, sexual assault, or stalking, and that leave was taken due to those circumstances.
• A police report indicating that you or your family member was a victim of domestic violence, sexual assault, or stalking.
• A court document indicating that you or your family member is involved in a legal action related to domestic violence, sexual assault, or stalking.
• A signed statement from a victim and witness advocate affirming that you or your family member is receiving services from a victim services organization or is involved in legal action related to domestic violence, sexual assault, or stalking.
Any health information or information pertaining to domestic violence, sexual assault, sexual contact, or stalking obtained by MarineMax will be treated as confidential and will not be disclosed except to you or with your permission unless otherwise required by law.
Sick leave cannot be used as an excuse to be late for work without an authorized purpose.
You will not be paid any for unused sick leave if our employment relationship ends
Sick leave will run concurrently with other types of leave where permitted under applicable law.
If you are transferred to a separate division, entity, or location within Rhode Island, but remain employed by MarineMax, you are entitled to all sick leave time accrued at the prior division, entity, or location.
MarineMax will reinstate previously accrued, unused sick leave if you separate and are rehired within 135 days.
MarineMax will not retaliate against team members who request or take leave in accordance with this policy.
South Carolina Policies
Pursuant to, and in accordance with, S.C. Code Ann. § 41-1-110, nothing in this handbook or in any of MarineMax’s policies will be deemed to constitute a contract of employment. All team members of MarineMax (South Carolina) are team members-at-will, who may quit at any time for any or no reason and who may be terminated at any time for any or no reason. The contents of this handbook are subject to change at any time at the discretion of MarineMax.
Disability Accommodation
MarineMax complies with the Americans with Disabilities Act (ADA), the South Carolina Pregnancy Accommodations Act, and all applicable state and local fair employment practices laws and is committed to providing equal employment opportunities to qualified individuals with disabilities, including disabilities related to pregnancy, childbirth, and related conditions. Consistent with this commitment, MarineMax will provide a reasonable accommodation to otherwise qualified individuals where appropriate to allow the individual to perform the essential functions of the job, unless doing so would create an undue hardship on the business.
Reasonable accommodations for an individual with disabilities may include job restructuring; part-time or modified work schedules; reassignment to a vacant position; acquisition or modification of equipment or devices; appropriate adjustment or modifications of examinations, training materials, or policies; the provision of qualified readers or interpreters; and other similar accommodations.
Reasonable accommodations for an individual with a disability relating to pregnancy, childbirth, or a related condition may include providing more frequent or longer break periods; providing more frequent bathroom breaks; providing a private place, other than a bathroom stall for the purpose of expressing milk; modifying a food or drink policy; providing seating or allowing the individual to sit more frequently if the job requires them to stand; providing assistance with manual labor and limits on lifting; temporarily transferring the individual to a less strenuous or hazardous vacant position, if qualified; providing job restructuring or light duty, if available; acquiring or modifying equipment or devices necessary for performing essential job functions; or modifying work schedules.
However, MarineMax is not required to do the following, unless MarineMax does or would do so for other team members or classes of team members that need a reasonable accommodation:
• Hire new team members that MarineMax would not have otherwise hired;
• Discharge an individual, transfer another individual with more seniority, or promote another individual who is not qualified to perform the new job;
• Create a new position, including a light duty position for the individual, unless a light duty position would be provided for another equivalent individual; or
• Compensate an individual for more frequent or longer break periods, unless the individual uses a break period which would otherwise be compensated.
If you require an accommodation because of your disability, it is your responsibility to notify your manager. You may be asked to include relevant information such as:
• A description of the proposed accommodation.
• The reason you need an accommodation.
• How the accommodation will help you perform the essential functions of your job.
After receiving your request, MarineMax will engage in an interactive dialogue with you to determine the precise limitations of your disability and explore potential reasonable accommodations that could overcome those limitations. Where appropriate, we may need your permission to obtain additional information from your medical provider. All medical information received by MarineMax in connection with a request for accommodation will be treated as confidential.
MarineMax encourages you to suggest specific reasonable accommodations that you believe would allow you to perform your job. However, MarineMax is not required to make the specific accommodation requested by you and may provide an alternative accommodation, to the extent any reasonable accommodation can be made without imposing an undue hardship on MarineMax.
If leave is provided as a reasonable accommodation, such leave may run concurrently with leave under the federal Family and Medical Leave Act and/or any other leave where permitted by state and federal law.
MarineMax will not discriminate or retaliate against team members for requesting an accommodation.
Utah Policies
Minor Child Court Attendance Leave
If you have a minor child that is required to appear in court, MarineMax will provide you unpaid leave to attend. Notify your manager as soon as possible to make scheduling arrangements. You may opt to use PTO in place of unpaid leave.
MarineMax reserves the right to require team members to provide proof of the need for leave to the extent authorized by law.
MarineMax will not retaliate against team members who request or take leave in accordance with this policy.
Virginia Policies
Wage Disclosure Protection
MarineMax will not discriminate or retaliate against you for inquiring about, discussing, or disclosing information regarding team member wages, benefits, or other compensation.
This policy does not require you to disclose such information about yourself to any other team member or former team member
However, if you have access to or knowledge of the compensation information of other team members as a part of your essential job functions, you may not disclose that information to individuals who do not otherwise have authorized access to it, unless the disclosure is:
• In response to a formal charge or complaint;
• In furtherance of an investigation, proceeding, hearing, or other action (including an investigation conducted by MarineMax); or
• Consistent with the legal duty of MarineMax to furnish information.
If you believe that you have been discriminated or retaliated against in violation of this policy, immediately report your concerns to your Human Resources Business Partner.
Washington Policies
Wage Disclosure Protection
In accordance with Washington law, MarineMax will not:
• Require, as a condition of employment, that you not disclose the amount of your wages.
• Require you to sign a waiver or other document that prevents you from disclosing the amount of your wages.
Additionally, MarineMax will not discriminate or in any other manner retaliate against you for:
• Inquiring about, disclosing, comparing, or otherwise discussing your wages or the wages of other team members;
• Asking MarineMax to provide a reason for the amount of your wages or lack of opportunity for advancement; or
• Aiding or encouraging other team members to exercise their rights under this policy.
If you have access to or knowledge of the compensation information of other team members as a part of your essential job functions, you may not disclose that information to individuals who do not otherwise have authorized access to it, unless the disclosure is: (1) In response to a formal charge or complaint; (2) In furtherance of an investigation, proceeding, hearing, or other action (including an investigation conducted by MarineMax); or (3) Consistent with the legal duty of MarineMax to furnish information.
This policy does not require you to disclose the amount of your wages.
If you believe that you have been discriminated or retaliated against in violation of this policy, immediately report your concerns to your Human Resources Business Partner
Nothing in this policy will be enforced to interfere with, restrain or coerce, or retaliate against team members regarding their rights under the National Labor Relations Act.
Accommodations for Nursing Persons
MarineMax will provide nursing persons reasonable unpaid break time to express milk for their infant child(ren) for up to two years following their child's birth.
Paid Family and Medical Leave Insurance
Washington's Paid Family and Medical Leave (PFML) program is a mandatory statewide insurance program that provides most team members in Washington with paid time off to give or receive care. Eligible team members are entitled to partial wage replacement benefits of up to 90 percent of their weekly pay, depending on their income. The program is administered by the Washington Employment Security Department (ESD) and is funded by premiums paid by both team members (through payroll deductions) and employers.
To be eligible for PFML you must:
• Have worked at least 820 hours (or about 16 hours a week) in Washington during the qualifying period. The 820 hours are cumulative, regardless of the number of employers or jobs you have had during the
year. All paid work in Washington over the course of the year counts toward the 820 hours, including part-time, seasonal, and temporary work.
• Experience a qualifying event.
If you are not eligible for PFML, you may still qualify for leave under the federal Family and Medical Leave Act (FMLA). Refer to the Family and Medical Leave policy for details.
Qualifying Events
You may take PFML for the following reasons:
• Family leave to:
• Bond with your newborn child, newly adopted child, or newly placed foster child (bonding leave);
• Care for a family member with a serious health condition;
• Prepare for a family member's pre- and post-deployment activities, as well as time for childcare issues related to the family member's deployment; or
• Deal with the death of a newborn or newly adopted/fostered child (bereavement leave).
• Medical leave to care for your own serious health condition.
Family member means:
• Your biological, adopted, or foster child, stepchild, a child's spouse, or a child to whom you stand in loco parentis, are a legal guardian, or are a de facto parent, regardless of age or dependency status.
• Your spouse or state registered domestic partner.
• Your parent or your spouse's parent (including biological, adoptive, de facto, or foster parent, stepparent, or legal guardian or an individual who stood in loco parentis to you or your spouse as a child).
• Your sibling.
• Your grandchild.
• Your grandparent.
• Any individual who regularly resides in your home or where your relationship creates an expectation that you care for the person, and that person depends on you for care. It does not include an individual who simply resides in your home with no expectation that you care for them.
Usage
Eligible team members may generally take up to 12 weeks of PFML per year. If you have more than one qualifying event in the same year, you may be eligible to take up to 16 weeks of PFML. Combined leave cannot exceed 16 total weeks unless there is a serious, incapacitating health issue related to pregnancy, which adds two more weeks (18 weeks total).
Bonding leave must be taken during the first 12 months after the child's birth or placement.
Bereavement leave must be used within seven calendar days of the child's death.
During the first six weeks after the birth of a child, any PFML used based on incapacity due to pregnancy or for prenatal care will count as paid medical leave by default, unless you choose to use paid family leave during that period.
PFML may be used intermittently rather than all at once.
You will not be required to use other leave before using PFML.
Requesting Leave
If the need for leave is foreseeable, provide 30 days' written notice of your intent to take leave. Notice must contain at least the anticipated timing and duration of leave. If unforeseeable, provide written notice as soon as practical.
Failure to provide proper notice may result in the denial of leave for a period of time equal to the number of days that notice was insufficient.
Questions and Applying for Benefits
If you have questions regarding this policy, contact your Human Resources Business Partner If you are eligible for PFML benefits, you may obtain detailed information about the program and apply for benefits through the Washington Employment Security Department (ESD) website at https://paidleave.wa.gov/
Health Insurance
Your health insurance will continue while you are on leave. If you contribute to the cost of your health insurance, you must continue to pay your portion of the premium cost during your leave.
Interaction with Other Laws
PFML is in addition to any leave for sickness or temporary disability because of pregnancy or childbirth.
The use of FMLA does not reduce your allowed PFML benefit, so it is possible to use both types of leave. PFML and FMLA will run concurrently unless otherwise required by law.
Job Restoration
Unless you have been identified as a key team member (as defined under the FMLA) prior to taking PFML, upon return from leave you will be restored to your previous or an equivalent job, provided you worked for MarineMax for at least 12 months and worked at least 1,250 hours in the 12 months before taking leave.
Retaliation
MarineMax will not retaliate against team members who request or take leave under the Washington PFML program
Sick Leave
MarineMax provides paid sick leave to eligible team members in accordance with Washington's Paid Sick Leave Law. All nonexempt team members are eligible for sick leave.
Reasons for Leave
Sick leave may be taken for the following reasons:
• To care for your own or a family member's mental or physical illness, injury, or health condition, including the need for medical diagnosis, care, or treatment, and preventive medical care.
• If and when MarineMax closes for a health-related reason or when your child's school closes for a health-related reason.
• For absences that qualify for leave under the state's Domestic Violence Leave Act (DVLA).
Family member means:
• A child, including a biological, adopted, or foster child, stepchild, or a child to whom you stand in loco parentis, are a legal guardian, or are a de facto parent, regardless of age or dependency status;
• A biological, adoptive, de facto, or foster parent, stepparent, or legal guardian of you or your spouse or registered domestic partner, or a person who stood in loco parentis when you were a minor child;
• A spouse;
• A registered domestic partner;
• A grandparent;
• A grandchild; or
• A sibling.
Accrual and Usage
Eligible team members accrue one hour of sick leave for every 40 hours worked. New team members begin accruing sick leave on their first day of employment. For purposes of this policy, the leave year is any consecutive 12-month period You will not accrue sick leave during vacation, paid time off (PTO), or while using sick leave.
You may begin using sick leave on your 90th day of employment, and you may carry over up to 40 hours of accrued, unused sick leave to the following leave year.
Notice
If the need for leave is foreseeable, you must provide notice at least three days, or as early as practical, before the first day sick leave is used. If unforeseeable, provide notice as soon as practical before the required start of your shift. If known, notice should include the expected length of the absence.
Documentation
For absences exceeding three days, you may be required to provide verification that your use of sick leave is for an authorized purpose. Verification must be provided within 10 days after the first day of absence. Verification may not be required if it results in an unreasonable burden or expense to you and may not exceed privacy or verification requirements otherwise established by law.
Interaction with Other Leave
You may be required to use available sick leave during family and medical leave, disability leave, or other statutorily authorized leave that would otherwise be unpaid.
Payment Upon Separation
You will not be paid for any unused sick leave if our employment relationship ends
Reinstatement of Sick Leave Upon Rehire
MarineMax will reinstate previously accrued, unused sick leave if you separate and are rehired within 12 months.
Retaliation
MarineMax will not retaliate against team members who request or take leave in accordance with this policy.
Wisconsin Policies
Wisconsin Family and Medical Leave (WFMLA)
MarineMax will provide eligible team members with leave in accordance with the Wisconsin Family and Medical Leave Act (WFMLA).
To be eligible for WFMLA leave, you must:
• Have been employed with MarineMax for more than 52 consecutive weeks; and
• Have worked for MarineMax at least 1,000 hours (including paid time off) during the preceding 52 weeks.
Reasons for Leave
WFMLA leave may be taken for the following reasons:
• The birth or adoption of a child.
• To care for a covered family member with a serious health condition.
• To take care of your own serious health condition.
Covered family member includes your spouse, domestic partner, parents (including parents of a spouse or domestic partner), or child.
Child means a biological, adopted, or foster child, stepchild, or a legal ward who:
• Is under 18 years of age; or
• Is 18 years of age or older and incapable of self-care because of a serious health condition.
A serious health condition is a disabling physical or mental illness, injury, impairment, or condition involving inpatient care or outpatient care that requires continuing treatment or supervision by a health care provider.
Leave Usage
In a 12-month period, you may take up to:
• Two weeks of leave for your own serious health condition.
• Two weeks of leave to care for a covered family member with a serious health condition.
• Six weeks of leave for the birth or adoption of a child.
Eligible team members may take no more than a total of eight weeks of family leave for any combination of reasons stated above during a 12-month period. The 12-month period begins on January 1.
WFMLA leave will run concurrently with the federal Family and Medical Leave Act and any other federal, state, or local leave where permitted under the applicable law.
WFMLA leave may be taken intermittently for the birth or adoption of a child as long as the leave begins within 16 weeks of the qualifying event.
During WFMLA leave, you may elect to substitute available paid or unpaid leave of any other type provided by MarineMax.
Notice Requirement
You must provide reasonable advance notice of the need for leave. Leave should be scheduled so that it does not unduly disrupt Company operations.
Medical Certification
MarineMax may require a written statement from your health care provider or the health care provider of your child, parent, or spouse with a serious health condition stating the reason for the leave and the probable duration of the leave.
Return to Work
If you take leave for your own serious health condition, you will be required to obtain a release from your health care provider stating that you are able to return to work.
Reinstatement
Upon returning to work at the end of leave, you will be reinstated to your former position or a position with equivalent pay, benefits, and terms and conditions of employment. You will not lose any benefits that accrued before leave was taken.
Benefits
If MarineMax provides you with health benefits under a group health plan, MarineMax will maintain and pay for your health coverage at the same level and under the same conditions as coverage would have been provided if you had not taken WFMLA leave.
Failure to Return to Work
If you fail to return to work or fail to make a request for an extension of leave prior to the expiration of the leave, you may be considered to have voluntarily terminated your employment.
Alternative Employment
While on leave, you may not work or be gainfully employed either for yourself or others unless express, written permission to perform such outside work has been granted by MarineMax. If you are on a leave of absence and are found to be working elsewhere without consent, you will be subject to corrective action, up to and including ethe end of our employment relationship
Abuse of Leave
If you are found to have provided a false reason for a leave, you will be subject to corrective action, up to and including the end of our employment relationship.
Retaliation
MarineMax will not retaliate against team members who request or take leave in accordance with this policy.
10. APPENDIX
Drug-Free Workplace Policy
This policy is not a contract of employment. All MarineMax Team Members are Team Members at-will. This means that employment can be terminated at any time either by the Team Member or MarineMax with or without cause and with or without notice.
Statement of Purpose
MarineMax, Inc., along with its subsidiaries (hereinafter collectively referred to as “MarineMax”) is firmly committed to ensuring a safe, healthy, productive and efficient work environment for our Team Members, our customers, and the public in general. MarineMax has a vital interest in ensuring a safe, healthy and efficient working environment and in preventing accidents and injuries resulting from the use of alcohol or drugs. The presence or use of drugs or alcohol in the workplace presents a danger to everyone. For these reasons, MarineMax has established this Drug-Free Workplace Policy. As provided below, drug and alcohol testing is an integral part of our substance abuse policy. Compliance with the policy is required as a condition of continued employment with MarineMax.
This policy applies to all MarineMax Team Members, including those in managerial or supervisory positions.
Zero Tolerance
MarineMax prohibits team members from reporting for work with alcohol, an illegal drug, or illegal drug metabolites in his or her system. MarineMax enforces this policy consistently with respect to all drugs, including medical marijuana to the extent allowed by law.
Questions regarding the meaning or application of this policy should be directed to the Human Resources Department.
Prohibited Conduct
Prohibited Conduct Concerning Alcohol and Drugs:
The following conduct by Team Members is prohibited:
a. Consuming alcohol at any time during a Team Member’s workday or reporting for work or remaining on duty after the Team Member has consumed alcohol of any amount. This includes, but is not limited to, while a Team Member is on or off MarineMax premises, as well as during the Team Member’s meal and other break periods. Provided however, this prohibition does not include the authorized and reasonable consumption of alcohol by a Team Member of legal drinking age at functions or activities sponsored by MarineMax. Team Members who choose to drink alcoholic beverages at company functions are expected to do so responsibly, behave in accordance with usual business standards and all company policies, including MarineMax’s Rules of Unacceptable Conduct. In all situations, a Team Member’s conduct when consuming alcohol beverages is solely his/her responsibility. MarineMax is not in a position to alter the consequences, legal or otherwise, of irresponsible alcohol consumption.
b. Consuming drugs or alcohol within the eight-hour period immediately following a work-related accident or until the Team Member has submitted to a “post-accident reasonable suspicion” drug and/or alcohol test, whichever comes first.
c. Engaging in any illegal or unauthorized use of drugs at any time while on or off-duty. This includes, but is not limited to, while a Team Member is on or off MarineMax premises, as well as during the Team Member’s meal and other break periods.
i. Exception: This prohibition does not apply to a Team Member’s use of physician prescribed medication under the following circumstances:
1. the medication has been legally prescribed to the Team Member by a physician (with the exception of medical marijuana, to the extent permitted by law);
2. it is being used in accordance with the prescription; and
3. the Team Member has been advised that the medication’s use will not adversely affect the health, safety, performance or judgment of the Team Member or others in the workplace, including customers or visitors. Team Members have an obligation to ask their doctor or pharmacist whether their use of the medication being prescribed will adversely affect the health or safety of themselves or others in the workplace, including customers or visitors. If a Team Member is advised that his or her use of a medication will adversely affect the Team Member or others at work, the Team Member has the responsibility to determine whether another medication can be prescribed and, if not, to advise the Human Resources Department that the Team Member is taking medication which may have an adverse effect, without disclosing the medication’s name or the reason for its use, in order to determine whether an accommodation, if any, can be made while the Team Member continues to take the medication.
d. Failing to stay in contact with MarineMax or its medical review officer while awaiting the results of a drug test.
e. Engaging in the unlawful or unauthorized manufacture, distribution, dispensation, solicitation, sale, purchase, transfer or possession of drugs or alcohol while on MarineMax-paid time, on MarineMax premises, in MarineMax vehicles, or while otherwise engaged in activities for or on behalf of MarineMax.
f. The refusal to submit to any drug or alcohol test that is required under MarineMax’s policy will result in the Team Member’s immediate termination of employment. This includes tests which Team Members agree to take in conjunction with rehabilitation. For details concerning what conduct will constitute a refusal to submit to a test, refer to the below section entitled “Refusal to Submit to a Test”.
Refusal to Submit to a Test
A Team Member who engages in any of the following conduct will be considered to have refused to submit to a test:
a. Refusing or failing to appear for any substance abuse test within a specified time, as determined by MarineMax, after being directed to do so by MarineMax;
b. Failing to sign an authorization form permitting the release of the drug test result to MarineMax;
c. Failing to remain at the testing site until the testing process is complete;
d. Failing to provide or failing to attempt to provide a specimen for testing;
e. Failing or declining to take a second drug or alcohol test that MarineMax or collector has directed to be taken;
f. Failing to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process;
g. Adulterating or substituting a specimen, or attempting to adulterate or substitute a specimen;
h. Refusing or failing to notify MarineMax promptly that the Team Member was involved in a work-related accident, without a valid excuse; or,
i. Failing to cooperate with any part of the testing process such as by delaying the collection, testing or verification process or otherwise engaging in conduct that clearly obstructs or manipulates, or attempts to obstruct or manipulate, the testing process.
Reporting Use of Prescription or Non-Prescription Medications
Before reporting to work, if a Team Member is using drug medication legally prescribed in accordance with the prescription, the Team Member should inquire whether the drug manufacturer or doctor warns against driving, operating machinery or performing other work-related tasks. If so, the Team Member must inform their supervisor of any such warnings but should not identify the medication being used or the reason for its use.
After being tested, a Team Member or job candidate will be able to confidentially report the use of prescription or non-prescription medications to the Medical Review Officer, as presence of those medications in the body may affect the outcome of the test. A list of common medications by brand name, common name and by chemical name that may alter or affect a drug test is attached.
Required Tests
Except as otherwise provided in this policy and to the extent consistent with applicable federal, state and local laws, Team Members are required to submit to testing under the circumstances described below. Except where conditions otherwise require, all tests will normally be conducted either during or immediately after the regular work period, which includes any period when a Team Member is working overtime.
Job Candidate Testing: All candidates to whom the MarineMax has given a conditional offer of employment are required to submit to a pre-employment drug test. The refusal to submit to the test or a positive confirmed test result will be used as a basis to withdraw the conditional offer of employment at that time.
Random Testing: A Team Member may be asked to submit to a drug and/or alcohol test as part of the MarineMax’s random testing requirement, as state or local law may permit. Team Members are selected at random within each region and must complete the drug and/or alcohol test immediately upon being notified.
Reasonable Suspicion Testing: A Team Member may be required to submit to a drug and/or alcohol test when MarineMax has, in accordance with the applicable state law, a reasonable suspicion that a Team Member is using or has used drugs or alcohol in violation of the MarineMax’s policy.
Routine Fitness for Duty Testing: A Team Member may be asked to submit to a drug test as part of a routinely scheduled fitness for duty medical examination that is either part of MarineMax’s established policy or that is scheduled routinely for all members of an employment classification or group.
MarineMax has initially established two (2) employment classifications that require routine fitness for duty testing. Those classifications are (1) operators of hazardous equipment or machinery, and (2) MarineMax drivers. All Team Members so classified may be required to submit to annual testing.
Consequences for Policy Violations
Team Members who violate MarineMax’s policy are subject to the following consequences:
Consequences of Testing Positive or Refusal to Allow Test
Job Candidates:
• If a candidate to whom a conditional job offer has been made refuses to take a pre-employment drug test, the job offer will be withdrawn.
• If a candidate to whom a conditional job offer has been made receives a confirmed positive test of an illegal substance on a pre-employment drug test, the job offer will be withdrawn to the extent allowed by law.
• The individual may reapply to MarineMax after six months have passed and will be required to successfully take another pre-employment test. Following a negative re-test, if hired and to the extent permitted under applicable federal, state and local laws, the individual will be required to undergo random quarterly testing for a period of one year prior to being placed in the “random” pool for testing. A positive test at any time will result in termination with no eligibility for rehire.
An individual who has previously been employed by MarineMax and was terminated as a result of a violation of the Drug Free Workplace Policy may reapply to MarineMax after one year has passed provided, he/she shows proof of successful completion of rehabilitative treatment. If re-hired and to the extent permitted under applicable federal, state and local laws, the individual will be required to undergo random quarterly testing for a period of one year prior to being placed in the “random” pool for testing. A positive test at any time will result in termination of employment with no eligibility for rehire.
A Team Member is Selected at Random and Refuses to Test, Tests Positive, or Admits to Drug Use After Being Selected for Random Testing:
• Should the Team Member refuse to submit to testing, the Team Member’s employment will be terminated immediately.
• If the Team Member tests positive, the Team Member will be suspended without pay for a full work week, during which time the Team Member may decide if he/she wants to continue employment with the MarineMax.
• MarineMax will send the Team Member a letter within five (5) days of the receipt of notification from the Medical Review Officer notifying MarineMax of the Team Member’s positive test result. The letter will outline the Team Member’s rights and the manner in which to challenge a positive test result. The Team Member is responsible for any costs associated with the challenge.
• Prior to returning to work, the Team Member must voluntarily seek rehabilitative treatment and/or counseling at Team Member’s own expense and he/she must authorize release of information to the MarineMax as his/her treatment progress. The Team Member must comply with quarterly testing for a period of one year. In the following states the random quarterly rule applies for two (2) years: Alabama, Georgia, Florida, Tennessee, Minnesota and Oklahoma. After successful completion of treatment and the quarterly random testing, the Team Member goes back into the “random” pool for testing.
• Refusal to participate in the program, failure to successfully complete the program, or a second positive confirmed test result after completion of the program, will result in termination.
Reasonable Suspicion following an Incident or Accident:
• In the event that a Team Member is involved in, caused or contributed to an accident while at work, either on or off MarineMax premises, resulting in injury or property damage or loss of work time, two supervisors or managers (if available) will interview the individual(s) to ascertain whether there is reasonable suspicion that the Team Member has or may have used drugs or alcohol in violation of MarineMax policy. An incident report documenting their observations and the results of the Team Member interview will be prepared.
• In the event that the two supervisors/managers (if available) determine that there is reasonable suspicion that the Team Member has or may have used drugs or alcohol in violation of MarineMax policy, the Team Member will immediately be escorted for testing.
• Pending the results of the drug and/ or alcohol test the Team Member will be suspended without pay until the results are received. If the test comes back with a negative result, the suspension will be paid, and the Team Member is cleared to return to work.
• If the Team Member refuses to submit to a drug and/or alcohol test or is tested positive and confirmed positive, his/her employment will be terminated immediately.
Reasonable Suspicion:
• If a Team Member is at work and MarineMax has, in accordance with the applicable state law, reason to suspect the Team Member has or may have used drugs or alcohol in violation of MarineMax policy, categorized by direct observation of abnormal conduct or erratic behavior, at least two supervisors/managers, if available, will interview the Team Member and complete an incident report documenting their observations and the results of the Team Member interview.
• Following the interview, the Team Member will be immediately escorted for testing.
• Should the Team Member refuse to submit to testing, the Team Member’s employment will be terminated immediately.
• Pending the results of the drug and/or alcohol test, the Team Member will be suspended without pay until the results are received. If the test comes back with a negative result, the suspension will be paid, and the Team Member is cleared to return to work.
• Should the Team Member produce a confirmed positive test result, the Team Member will be suspended without pay for a full work week, during which time the Team Member may decide if he/she wants to continue employment with the MarineMax.
• Prior to returning to work, the Team Member must voluntarily seek rehabilitative treatment and/or counseling at Team Member’s own expense and he/she must authorize release of information to MarineMax concerning his/her treatment progress. The Team Member must comply with random quarterly testing for a period of one year. Team Members in Alabama, Georgia, Florida, Tennessee, Minnesota and Oklahoma will be subject to follow up testing for two (2) years. After successful completion of treatment and the quarterly random testing, the Team Member goes back into the “random” pool for testing.
• Refusal to participate in the program, failure to successfully complete the program, or a second positive confirmed test result after completion of the program, will result in termination.
Consequences After a Second Confirmed Positive Result
After following the procedures outlined above, if a Team Member has a second verified positive test result, the Team Member will be subject to termination.
Consequences of a Negative but Diluted Result
A diluted specimen will require a retest. Before retesting takes place, a Regional Human Resources Manager will provide specific instruction to the Team Member on fluid intake prior to retesting to prevent another diluted specimen. The collection for another test must be done immediately or the following morning of the workday after the Team Member has been notified unless there are extenuating circumstances communicated and approved by the Human Resources Department.
A second diluted test carries the same consequences as testing positive unless a medical evaluation validates a legitimate medical explanation for the diluted test.
Self-Identification of a Substance Abuse Problem
Before a Positive Drug Test Result
MarineMax shall not discharge, discipline, or discriminate against a Team Member solely upon the Team Member’s voluntarily seeking treatment while under the employment of MarineMax for a drug-related problem. We encourage Team Members to seek assistance before their drug and/or alcohol use renders them unable to perform their essential job functions or jeopardizes the health and safety of themselves or others. If the Team Member is participating in a medical insurance plan, treatment and/or counseling may be covered by insurance, or the Team Member can select an Employee Assistance Program. The cost of the evaluation and any counseling, treatment or rehabilitation is the Team Member’s responsibility.
(For further details concerning the Team Member’s payment obligations, Team Members should refer to their individual medical insurance plan.) In either case, the information will be kept strictly confidential.
If a Team Member voluntarily comes forward and seeks help prior to being required to submit to a drug or alcohol test, no disciplinary action will be taken against the Team Member. The Team Member must voluntarily agree to seek, obtain and complete rehabilitative treatment and/or counseling at Team Member’s own expense and he/she must authorize release of information to the MarineMax concerning his/her treatment progress.
The Team Member will be expected to perform his/her job with or without an accommodation and report for work unless the treatment program counselor requires the Team Member to miss work. Enrollment in a treatment program or attending counseling will not grant a Team Member a license to violate any MarineMax policies or shield the Team Member from disciplinary actions for such violations. MarineMax reserves the right, under certain circumstances including, but not limited to safety and security, to reassign the Team Member to another position.
This request must be made before the Team Member is asked to submit to a drug or alcohol test required by this policy. Team Members may not use this self-identification provision to avoid taking a test when required under this policy or to avoid being disciplined for receiving a positive test result or for refusing to submit to a test.
After returning to work, follow-up testing for drugs and/or alcohol will be conducted on a random basis pursuant to recommendations of the substance abuse professional and applicable state law. After successful completion of treatment and the appropriate random testing, the Team Member goes back into the “random” pool for testing.
If a Team Member tests positive for drugs or alcohol following the completion of the primary phase of a treatment program, his or her employment will be terminated. If the Team Member does not complete the drug or alcohol treatment program or does not comply with the terms of the treatment program, his or her employment will be terminated. A positive test at any time will result in termination.
Challenges to Test Results, Confidentiality, Testing Expenses
Challenges to Test Results
Team Members have the right to challenge any confirmed positive result. All challenges must be filed in writing within five (5) working days of receiving notification of such results. The first stage requires the Team Member
to explain or contest the result in writing to his or her Regional Human Resources Manager. If the explanation is unsatisfactory, the Team Member will be notified of such in writing within fifteen (15) days of the date the challenge was received. The Team Member will be provided with a copy of the positive test result and the name and address of the laboratory. If the Team Member decides to challenge the test results, it is his or her responsibility to notify the laboratory that he or she is challenging the test result. The Team Member will be responsible for all costs associated with such a challenge.
• Within 180 days after written notification of a positive test result, the candidate/Team Member shall be permitted by MarineMax to have a portion of the specimen re-tested, at the expense of the candidate/Team Member.
• If the candidate/Team Member desires to have the specimen tested at another laboratory, have the first laboratory transfer the specimen to the second laboratory. MarineMax will not make the transfer.
Cost of Testing
MarineMax shall pay the cost of the initial and confirmation drug and/or alcohol tests that it requires of its Team Members. A Team Member shall pay the cost of any drug and/or alcohol tests not required by the MarineMax.
Confidentiality
All information, interviews, reports, statements, memoranda, and drug and alcohol test results, written or otherwise received by MarineMax through this Policy are confidential communications and will be maintained in a separate file. MarineMax, any laboratory, Employee Assistance Program, drug or alcohol treatment program or their agents who receive or have access to this information concerning drug and/or alcohol test results shall keep it confidential. Release of such information under any other circumstances shall be solely pursuant to a signed written informed consent form, unless such release is compelled by a hearing officer or court of competent jurisdiction or if deemed appropriate by a professional or occupational licensing board in a related disciplinary proceeding. Additionally, MarineMax, its agent, the laboratory or treatment program shall not be prohibited from releasing this information when consulting legal counsel.
Convictions
If you are convicted of any drug-related crime (sale, use or possession), including, but not limited to DUI or BUI conviction, you must notify your Regional Human Resources Manager within five (5) days of your conviction. Failure to notify them of such conviction is grounds for termination.
This policy supersedes all previous drug-free workplace policies. MarineMax reserves the right to amend, change or alter the Policy without the consent of its Team Members.
Definitions
The definitions used in this Drug-Free Workplace Policy are:
Alcohol means ethyl alcohol (ethanol). References to use of alcohol include use of any beverage, mixture or preparation containing ethyl alcohol or other low molecular weight alcohols including methyl or isopropyl alcohol.
Alcohol Use means the consumption of any beverage, mixture or preparation, including any medication containing alcohol.
Confirmation Test, Confirmed or Confirmed Drug Test means a second analytical procedure run on a sample that was positive on the initial screening test. The confirmation test must be different in scientific principle from
that of the initial test procedure. The confirmation method must be capable of providing requisite specificity, sensitivity and quantitative accuracy. The confirmation test for alcohol will be gas chromatography and the confirmation test for all drugs will be gas chromatography/mass spectrometry.
Controlled Substance means marijuana, cocaine, opiates, amphetamines and phencyclidine (PCP) and their metabolites and any other substance included in Schedules I through V, of the Controlled Substances Act, 21 U.S.C. § 812. The terms "controlled substances" include legal substances obtained illegally and/or used in an unauthorized manner, but does not refer to the proper use of substances authorized by law which do not affect job safety or performance.
Drug means alcohol, including distilled spirits, wine, malt beverages and intoxicating liquors, amphetamines, cannabinoids, cocaine, phencyclidine (PCP), hallucinogens, methaqualone, opiates, barbiturates, benzodiazepines, synthetic narcotics, designer drugs, psychoactive substances, or a metabolite of any substance listed herein.
Drug Test means any chemical, biological or physical instrumental analysis administered by a laboratory certified by the United States Department of Health and Human Services or licensed by the Agency for Health Care Administration for the purpose of determining the presence/absence of a drug or its metabolites.
Employee Assistance Program means an established program capable of providing expert assessment of employee personal concerns; confidential and timely identification services with regard to employee drug abuse; referrals of employees for appropriate diagnosis, treatment and assistance; and follow-up services for employees who participate in the program and require monitoring after returning to work. If, in addition to the above activities, an Employee Assistance Program provides diagnostic and treatment services, these services shall, in all cases, be provided by service providers.
Illegal Substances means any substance that is not legally obtainable, or which is legally obtainable, but has not been legally obtained.
This includes the following drugs: amphetamines, barbiturates, benzodiazepines,), cocaine, methaqualone, methadone, opiates, propoxyphene and PCP that are used unlawfully or abused. Unlawful usage refers to the illegal obtaining, possessing and/or using of a drug as defined by the Controlled Substances Act or state or local regulations. This term also includes prescribed drugs not legally obtained, prescribed drugs not being used for prescribed purposes, and over-the-counter drugs not being used according to the manufacturer’s directions.
Impairment – This policy is primarily concerned with the effects of alcohol/drug use in performance, regardless of when the substances were ingested. This concern, therefore, considers impairment as not only being under the influence of a substance, but also the after-effects of usage, e.g., hangover, withdrawal symptoms, fatigue, etc.
Initial Drug Test means a sensitive, rapid and reliable procedure to identify negative and presumptive positive specimens. All initial tests shall use an immunoassay procedure or an equivalent, or shall use a more accurate scientifically accepted method approved by the Agency for Health Care Administration as such more accurate technology becomes available in a cost-effective form.
Job Candidate means a person who has applied for a position with an employer and has been offered employment conditioned upon successfully passing a drug and/or alcohol test.
Laboratory means a facility licensed by the Agency for Health Care Administration or in certain cases, a facility certified by the National Institute of Drug Abuse (NIDA) to analyze specimens for detection of drugs.
Legal Substance includes any prescribed substances or over-the-counter medication that has been legally obtained and is used for the purpose for which it was prescribed or manufactured. Team Members who lawfully use over the counter or prescribed medications are responsible for understanding how their job performance may be affected and are responsible for reporting to their supervisor any potential impairment in their ability to perform their duties.
Medical Review Officer or MRO means a licensed physician, employed with or contracted by an employer, who is responsible for receiving and reviewing all confirmation results from the laboratory. The MRO is responsible for contacting all positively tested individuals to inquire about possible prescriptive or over-the-counter medications that could have caused a positive test result. The MRO must have knowledge of substance abuse disorders and have the appropriate medical training to interpret and evaluate a positive test result with prescriptive or other relevant information.
Non-Prescription Controlled Substances means amphetamines, cannabinoids, cocaine, phencyclidine (PCP), hallucinogens, methaqualone, opiates, barbiturates, benzodiazepines, synthetic narcotics, and designer drugs obtained without a prescription.
Non-Prescription Medication means medication that is authorized pursuant to state and federal law for general distribution and use without a prescription in the treatment of human disease, ailments or injuries.
Positive Screening Result is a screening result from a urinalysis, blood test or other controlled substance or alcohol test indicating that controlled substances or alcohol are present in the Team Member/candidate’s system.
Post-Incident/Post-Accident Testing – If you caused, could have caused, or contributed to the cause of an injury or an accident which results in injury or property damage, or loss of work time you will be required to submit to a drug and alcohol test if two supervisors (if available) determine that there is reasonable suspicion that that you have or may have used drugs or alcohol in violation of MarineMax policy.
Post-Treatment Testing (Follow-Up Testing) – If you enter an Employee Assistance Program for drug or alcohol related problems or enter an alcohol or drug rehabilitation program, as a result of a positive drug or alcohol test, you will be tested as a follow-up measure and thereafter on a random quarterly basis for one (1) year, except as state or local law may restrict.
Prescription Medication means a drug or medication obtained pursuant to a prescription.
Random Drug Testing: As permitted by applicable state and local law, Team Members who will be subject to random testing will be put into one or more random selection pools and will be selected for testing by MarineMax using a scientifically valid random selection process that ensures that each Team Member in the selection pool has an equal chance of being selected each time a selection is conducted. Appropriate safeguards will be used to ensure that the identity of individual Team Members who could be selected cannot be determined until after a Team Member is actually selected.
Reasonable Suspicion or Reason to Suspect means an articulable belief that a Team Member possesses or uses drugs or alcohol at the workplace, in violation of the MarineMax’s policy, as demonstrated by the direct observation of drug use or physical symptoms including but not limited to intoxication, impairment, abnormal conduct or erratic behavior which adversely affects or could adversely affect his or her job performance.
Safety-sensitive position includes, but is not limited to, any position or job task designated as such by the employer, in which a drug or alcohol impairment could threaten the safety of the Team Member, co-workers or other Team Members, customers or members of the public.
Specimen means a tissue or product of the human body capable of revealing the presence of alcohol and/or drugs or their metabolites.
Substance Abuse Professional (“SAP”) is a person who evaluates Team Members who have violated this policy and makes recommendations concerning education, treatment, follow-up testing, and aftercare. An SAP may be a licensed physician (medical doctor or doctor of osteopathy), or a licensed or certified psychologist, social worker, employee assistance professional, or an addiction counselor. An SAP must have knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders.
Threshold Detection Level means the level at which the presence of a drug or alcohol can be reasonably expected to be detected by an initial and a confirmatory test performed by a laboratory that meets standards established herein. The threshold detection level indicates the level at which valid conclusions can be drawn that the drug or alcohol is present in the Team Member’s sample.
Under the Influence means that the Team Member is affected by drugs and alcohol, or the combination of drugs and alcohol, in a detectable manner. A determination of such influence can be established by a professional opinion, a scientifically valid test, or in some cases, by a layperson’s opinion.
Over the Counter and Prescription Drugs That Could Alter the Outcome of a Drug Test:
Alcohol: All liquid medications containing ethyl alcohol (ethanol). Read the label for alcohol content.
Amphetamines: Obetrol, Biphetamine, Desoxyn, Dexedrine, Didrex
Cocaine: Cocaine HCI topical solution (Roxanne)
Opiate: Paregoric, Parepectolin, Donnagel, PG, Tylenol with Codeine, Empirin with Codeine, Robitussin AC, Guiatuss AC, Novahistine DH, Novahistine Expectorant, Dilaudid (hydromorphone), MS Contin and Roxanol (Morphine), Sulfate, Percodan, Vicodin, etc.
Barbiturates: Phenobarbital, Tuinal, Amytal, Nembutal, Seconal, Lotusate, Fiorinal, Esgic, Butisol, Mebaral, Butabarbital, Phrenilin, Triad etc.
Benzodiazepines: Ativan, Azene, Clonopin, Dalmane, Diazepam, Librium, Zanax, Serax, Tranxene, Valium, Verstran, Halcion, Poxipam, Restoril, Centrax.
Methodane: Dolophine, Methadose
Propoxyphene: Darvocet, Darvon, Dolene etc.
If you are given this list as preparation for a drug or alcohol test, it is imperative for you to bring a picture ID with you to the collection site, a Release of Confidential Information form, and to report to the testing technician any prescribed or over-the-counter medications you have taken during the past thirty (30) days.
Whistleblower Policy
Introduction
MarineMax, Inc. (the “Company”) has a Code of Business Conduct and Ethics applicable to all employees that expects employees promptly to discuss with or disclose to their supervisor, senior corporate officers, or the Company’s Whistleblower Hotline (defined below) events of questionable, fraudulent, or illegal nature. In addition, the Company has a Code of Ethics for the Chief Executive Officer and senior financial officers that, among other things, requires prompt internal reporting of violations of that Code, the Code of Business Conduct and Ethics, fraud, and a variety of other matters.
As an additional measure to support our commitment to ethical conduct, the Audit Committee of our Board of Directors (“the Audit Committee”) maintains the following “whistleblower” policies and procedures (this “Policy”) in accordance with the Company’s Code of Business Conduct and Ethics, Sections 301 and 806 of SarbanesOxley Act of 2002, Sections 922 and 748 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, and the Securities Exchange Act of 1934 for: (i) the receipt, retention, and treatment of complaints received by the Company regarding accounting, internal controls, or auditing matters; and (ii) the confidential, anonymous submission by employees of the Company of concerns regarding questionable accounting or auditing matters. This Policy applies to all employees, officers, and directors of the Company or any of its subsidiaries, all of whom are referred to collectively as “employees” throughout this Policy. In this Policy, “we,” and “our” refers to the Company and its subsidiaries.
Covered Items
The Company requires reporting of good faith concerns regarding any of the following:
• Suspected violations of our Code of Business Conduct and Ethics or Code of Ethics for the Chief Executive Officer and senior financial officers, which we refer to in this Policy as “Ethics Violations.”
• Suspected violations of any other Company policies or procedures, which we refer to in this Policy as “Corporate Policy Violations.”
• Questionable accounting, violations of internal accounting controls, or any other auditing or financial matters, or the reporting of fraudulent financial information, which we refer to in this Policy as “Fraudulent Auditing and Accounting Activities.”
• Suspected violations of law or fraudulent activities other than Fraudulent Auditing and Accounting Activities, which we refer to in this Policy as “Legal Violations,” and collectively with Ethics Violations and Corporate Policy Violations as “Violations.”
If requested, the Company also requires that employees provide truthful information in connection with an inquiry or investigation by a court, an agency, law enforcement, or any other governmental body.
If a Company employee is aware of a potential Violation or Fraudulent Auditing and Accounting Activity and does not report it according to this Policy, the inaction by be considered a violation itself, which may result in disciplinary action, up to and including termination of employment.
Reporting of Concerns or Complaints Regarding Accounting, Internal Controls, or Auditing Matters
The purpose of this Policy is to reinforce the business integrity of the Company by providing a safe and reliable means for employees and others to report concerns they may have about conduct at the Company. Taking action to prevent problems is part of the Company’s culture. If you observe potential Violations or Fraudulent Auditing and Accounting Activity, you are expected to report your concerns. Employees and others involved
with the Company are expected to come forward with any such information, without regard to the identity of position of the suspected offender.
Employees and others may choose any of the following modes of communicating suspected Violations of law, policy, or other wrongdoing, as well as any Fraudulent Auditing and Accounting Activity:
• Report the matter to your supervisor;
• Report the matter to the Company’s Chief Executive Officer, Chief Financial Officer, Chief Operating Officer, Corporate Counsel, Director of Internal Audit, or Controller;
• Report your concern via the Company’s Whistleblower Hotline which is accessible from the homepage of the Company’s Intranet site 24 hours a day, seven days a week (the “Whistleblower Hotline”) by email at marinemax.ethicspoint.com or by phone at 877-217-4711, through which you may choose to identify yourself or remain anonymous. You should also use this Whistleblower Hotline if you do not believe your concern is being adequately addressed.
Handling Reports
All reports received will be logged and include, among other things: (i) the date the report was received; (ii) a description of the report, including whether it involves accounting and auditing or non-accounting and nonauditing matters; (iii) the reporting party (if provided, but not required); and (iv) the status and disposition of an investigation of the report.
The Director of Internal Audit or the Corporate Counsel will promptly submit to the Audit Committee all reports received. The Audit Committee shall direct and oversee an investigation of all reports as it determines to be appropriate. The Audit Committee may also delegate the oversight and investigation of reports to the appropriate members of our management, to another Board of Directors committee, or to an independent third party. The Audit Committee may request special treatment for any report and may re-assume the direction and oversight of an investigation of any report delegated to members of our management.
The Director of Internal Audit shall provide the Audit Committee with a quarterly report of all reports received and an update of pending investigations.
Confidentiality
The Company will treat all communications under this Policy in a confidential manner, except to the extent necessary: (i) to conduct a complete and fair investigation; (ii) for reviews of Company operations by the Company’s Board of Directors, its Audit Committee, and the Company’s independent public accountants; or (iii) to comply with applicable law.
Moreover, if your situation requires that your identity be protected, or if you are merely uncomfortable for your identity to be disclosed, as noted above, please submit an anonymous report to the Company’s Chief Executive Officer, Chief Financial Officer, Chief Operating Officer, Corporate Counsel, Director of Internal Audit, or Controller through the Whistleblower Hotline. The Whistleblower Hotline offers the choice of a toll-free phone number or an email address. Please be aware that the number and email address is at the complete control of an outside third-party vendor. For any Violation or Fraudulent Auditing and Accounting Activity not reported through an anonymous report, we will advise the reporting party that the Violation or Fraudulent Auditing and Accounting Activity has been addressed, and, if we can, of the specific resolution. However, due to confidentiality obligations, there may be times when we cannot provide the details regarding the corrective or disciplinary action that was taken.
Any individual who in good faith reports a potential Violation or Fraudulent Auditing and Accounting Activities, even if the report is mistaken, or who assists in the investigation of a reported violation, will be protected against retaliation by the Company or any of its employees. Retaliation in any form will not be tolerated and is contrary to applicable law. Bringing any alleged retaliation to our attention promptly enables us to honor our values, and to promptly and appropriately investigate the reported retaliation in accordance with the procedures outlined above. Any act of retaliation should be reported immediately and will be disciplined appropriately, up to and including termination of employment.
Specifically, the Company will not discharge, demote, suspend, threaten, harass, or in any other manner discriminate or retaliate against any employee in the terms and conditions of the employee’s employment because of any lawful act done by that employee to either: (i) provide information, cause information to be provided, or otherwise assist in any investigation regarding any conduct that the employee reasonably believes constitutes a violation of any Company code of conduct, law, rule, or regulation, including any rule or regulation of the Securities and Exchange Commission or any provision of Federal law relating to fraud against shareholders; or (ii) file, cause to be filed, testify, participate in, or otherwise assist in a proceeding filed or, to the employee’s knowledge, about to be filed relating to an alleged violation of any such law, rule, or regulation.
If you believe you have been subject to any conduct that you believe constitutes retaliation for having made a report in compliance with this Policy or for having participated in any investigation relating toa n alleged Violation or Fraudulent Auditing and Accounting Activity, please immediately report he alleged retaliation to the Director of Internal Audit or Corporate Counsel ideally within ten (10) days of the offending conduct. If, for any reason, you do not feel comfortable discussing the alleged retaliation with these people, please report the alleged retaliation through the Whistleblower Hotline. These individuals will ensure that an investigation is conducted in a timely fashion. The complaint should be as detailed as possible, including the names of all individuals involved and any witnesses. The Company will directly and thoroughly investigate the facts and circumstances of all perceived retaliation and will take prompt corrective action, if appropriate. Additionally, any manager or supervisor who observes retaliatory conduct must report the conduct to the Director of Internal Audit or Corporate Counsel so that an investigation can be made, and corrective action taken, if appropriate.
MARINEMAX, INC.
INSIDER TRADING POLICY
February 27, 2023
Purpose
This Insider Trading Policy (the “Policy”) provides guidelines with respect to transactions in the securities of MarineMax, Inc. (the “Company”) and the handling of confidential information about the Company and its direct and indirect subsidiaries and the entities with which the Company does business. The Company’s Board of Directors has adopted this Policy to promote compliance with federal, state and foreign securities laws (collectively, “Securities Laws”) that prohibit certain persons who are aware of material nonpublic information about an entity from: (i) trading in securities of that entity; or (ii) disclosing material nonpublic information and/or providingtips, suggestions,or recommendations to other persons who may trade on the basis of that information.
Section I
Persons Subject to the Policy
This Policy applies to all officers of the Company and its subsidiaries, all members of the Company’s Board of Directors, and all employees (including temporary employees) of the Company and its direct and indirect subsidiaries (collectively referred to as “Insiders”). The Company may also determine that other persons should be subject to this Policy, such as contractors or consultants who have access to material nonpublic information (each a “Designated Outsider”). This Policy also applies to Family Members (as defined below in Section VI), and Controlled Entities (as defined below in Section VII).
Section II
Transactions Subject to the Policy
This Policy applies to any and all transactions in the Company’s securities (collectively referred to in this Policy as “Company Securities”), including the Company’s common stock, options to purchase common stock, or any other type of securities that the Company may issue, including (but not limited to) bonds, preferred stock, convertible debentures and warrants, as well as derivative securities that are not issued by the Company, such as exchange-traded put or call options or swaps relating to the Company’s Securities.
Section III
Individual Responsibility
This Policy is available to all Insiders and Designated Outsiders and to all new Insiders and Designated Outsiders at the start of their employment or relationship with the Company. Persons subject to this Policy have ethical and legal obligations to maintain the confidentiality of information about the Company and to not engage in transactions in Company Securities while in possession of material nonpublic information. Each individual bears the ultimate responsibility for making sure that he or she complies with this Policy, and that Family Members or Controlled Entities whose transactions are subject to this Policy, as discussed below, also comply with this Policy. In all cases, the responsibility for determining whether an individual is in possession of material nonpublic information rests with that individual, and any action on the part of the Company, the Chief Financial Officer, the General Counsel or any other officer, employee or director pursuant to this Policy (or otherwise) does not in any way constitute legal advice or insulate an individual from liability under applicable Securities Laws.
Section IV
Specific Policies
It is the policy of the Company that no Insider or Designated Outsider who is aware of material nonpublic information relating to the Company may, directly, or indirectly through Family Members or Controlled Entities:
a. Engage in transactions in Company Securities, except as otherwise specified in this Policy under Section VIII (Transactions Under Company Plans) and Section X.e (Rule 10b5-1 Plans);
b. Recommend or suggest the purchase or sale of any Company Securities;
c. Disclose material nonpublic information to persons within the Company whose jobs do not require them to have that information, or outside of the Company to other persons, including, but not limited to, family, friends, business associates, investors and expert consulting firms, unless any such disclosure is made in accordance with the Company’s policies regarding the protection or authorized external disclosure of information regarding the Company;
d. Give “tips” on material nonpublic information; that is, directly or indirectly disclose such information to any other person, including without limitation Family Members and Controlled Entities, who might be expected trade in Company Securities or the securities of such other company, as applicable, while in possession of such information;
e. Allow persons to share material nonpublic information with others or allow persons to recommend to any person the purchase or sale of any Company Securities when the person is aware of such information; or
f. Assist anyone engaged in the above activities.
In addition, it is the policy of the Company that no Insider or Designated Outsider who, in the course of working for the Company, learns of material nonpublic information about an entity with which the Company does business, including a customer or supplier of the Company, may trade in that entity’s securities until the information becomes public or is no longer material.
There are no exceptions to this Policy, except as specifically noted in this Policy. Transactions that may be necessary or justifiable for independent reasons (such as the need to raise money for an emergency expenditure), or small transactions, are not excepted from this Policy. The Securities Laws do not recognize any mitigating circumstances, and, in any event, even the appearance of an improper transaction must be avoided to preserve the Company’s reputation for adhering to the highest standards of conduct.
Section V
Definition of Material Nonpublic Information
Information is considered “material” if there is a substantial likelihood that a reasonable investor would consider that information important in making a decision to buy, hold or sell securities. Any information that could be expected to affect the price of the Company Securities, whether it is positive or negative or favorable or unfavorable to the Company, should be considered material. There is no bright-line standard for assessing materiality; rather, materiality is based on an assessment of all of the facts and circumstances, and is often evaluated by enforcement authorities with the benefit of hindsight. Before engaging in any transaction, you should carefully consider how enforcement authorities and others might view the transaction in hindsight. While it is not possible to define all categories of material information, some examples of information that may be regarded as material are:
Financial Related Events
• Financial information, including sales, orders, income results, forecasts, or budgets
• Projections of future earnings or losses, or other earnings guidance
• Changes to previously announced earnings guidance, or the decision to suspend earnings
• guidance or unusual gains or losses in major operations
• Stock splits
• Offerings of Company Securities
• Impending bankruptcy or financial liquidity problems
• Material impairment, write-off or restructuring
• Creation of a material direct or contingent financial obligation
• Material change in the Company’s financial statements (including material write downs of assets or additions to reserves for bad debts or contingent liabilities)
• Pending or proposed material merger or acquisition
• A change in dividend policy
• The establishment of a repurchase program for Company Securities
• A change in auditors or notification that the auditor’s reports may no longer be relied
• upon
• The disposition or acquisition of material line of business, subsidiary, or assets
• Gain or loss of a substantial customer or supplier
• Award or cancellation of major contracts
• Material change in business prospects
• Plans for material changes in the Company’s workforce (such as layoffs) or other Company restructuring
• A pending or proposed joint venture, alliance, or licensing arrangement
Service and Product Related Events
• Timing of new services or product introductions
• New product announcements of a material nature
• Material product defects or modifications
• Material pricing or cost changes
• Material marketing changes
Other
• Material litigation exposure due to actual or threatened litigation (or resolution thereof)
• Initiation or resolution of a government investigation
• Major changes in senior management
• Material agreement not in the ordinary course of business (or termination thereof)
• Material cybersecurity incidents
Material information is “nonpublic” if it has not been widely disseminated to the public through major newswire services, national news services, financial news services, or widely circulated public disclosure documents filed with the SEC. For the purposes of this Policy, information will be considered public, i.e., no longer “nonpublic,” after the close of trading on the second full trading day (a full 48-hour period at a minimum) following the Company’s widespread public release of the information. For example, if the Company were to announce material non-public information of which you were aware at 4:00 p.m. on a Wednesday, you should not trade in Company securities until after 4:00 p.m. on Friday (because the markets close at 4:00 p.m., you should not trade until Monday morning).
Section VI
Transactions by Family Members and Others
This Policy applies to your family members who reside with you (including a spouse, a child, a child away at college, stepchildren, grandchildren, parents, stepparents, grandparents, siblings, and in-laws), anyone else who lives in your household, and any family members who do not live in your household but whose transactions in Company Securities are directed by you or are subject to your influence or control, such as parents or children who consult with you before they trade in Company Securities (collectively referred to as “Family Members”). You are responsible for the transactions of these other persons and therefore should make them aware of the need to confer with you before they trade in Company Securities, and you should treat all such transactions for the purposes of this Policy and applicable Securities Laws as if the transactions were for your own account. This Policy does not, however, apply to personal securities transactions of Family Members where the purchase or sale decision is made by a third party not controlled by, influenced by or related to you or your Family Members.
Section VII
Transactions by Entities or Persons that You Influence or Control
This Policy applies to any entities or persons that you influence or control, including any independent contractors, consultants, corporations, partnerships or trusts (collectively referred to as “Controlled Entities”), and transactions by these Controlled Entities should be treated for the purposes of this Policy and applicable Securities Laws as if they were for your own account.
Section VIII
Transactions Under Company Plans
This Policy does not apply in the case of the following transactions, except as specifically noted:
a) Stock Option Exercises: This Policy does not apply to the exercise of an employee stock option acquired pursuant to the Company’s plans, or to the exercise of a tax withholding right pursuant to which a person has elected to have the Company withhold shares subject to an option to satisfy tax withholding requirements. This Policy does apply, however, to any sale of stock as part of a brokerassisted cashless exercise of an option, or any other market sale for the purpose of generating the cash needed to pay the exercise price of an option.
b) Restricted Stock Awards: This Policy does not apply to the vesting of restricted stock, or the exercise of a tax withholding right pursuant to which you elect to have the Company withhold shares of stock to satisfy tax withholding requirements upon the vesting of any restricted stock. The Policy does apply, however, to any market sale of restricted stock.
c) 401(k) Plan: This Policy does not apply to purchases of Company Securities in the Company’s 401(k) plan resulting from your periodic contribution of money to the plan pursuant to your advance instructions regarding payroll deduction election. However, you may not alter your instructions regarding the purchase and sale of Company Securities in such plans or transfer out of the Company stock fund while in possession of material nonpublic information, and the Policy does apply to certain elections you may make under the 401(k) plan, including: (i) an election to increase or decrease the percentage of your periodic contributions that will be allocated to the Company stock fund; (ii) an election to make an intra-plan transfer of an existing account balance into or out of the Company stock fund; (iii) an election to borrow money against your 401(k) plan account if the loan will result in a liquidation of some or all of your Company stock fund balance; and (iv) an election to pre-pay a plan loan if the pre-payment will result in allocation of loan proceeds to the Company stock fund.
d) Employee Stock Purchase Plan: This Policy does not apply to purchases of Company Securities in the employee stock purchase plan resulting from your periodic contribution of money to the plan pursuant to the election you made at the time of your enrollment in the plan. This Policy also does not apply to purchases of Company Securities resulting from lump sum contributions to the plan, provided that you elected to participate by lump sum payment at the beginning of the applicable enrollment period. This Policy does apply, however, to your election to participate in the plan for any enrollment period, to any changes made to your elections under the plan, and to your sales of Company Securities purchased pursuant to the plan.
Section IX
Special and Prohibited Transactions
The Company has determined that there is a heightened legal risk and/or the appearance of improper or inappropriate conduct if the persons subject to this Policy engage in certain types of transactions. It therefore is the Company’s policy that any persons covered by this Policy may not engage in any of the following transactions or should otherwise consider the Company’s preferences as described below:
a) Short-Term Trading: Any director, officer or other employee of the Company who purchases Company Securities in the open market may not sell any Company Securities of the same class during the six months following the purchase (or vice versa).
b) Short Sales: Short sales of Company Securities are prohibited. In addition, Section 16(c) of the Exchange Act prohibits officers and directors from engaging in short sales. (Short sales arising from certain types of hedging transactions are governed by Section IX.d below.)\
c) Publicly-Traded Put and Call Options and Certain Other Derivative Transactions: Transactions in put options, call options or other derivative securities, on an exchange or in any other organized market, are prohibited by this Policy. (Option positions arising from certain types of hedging transactions are governed by Section IX.d below.)
d) Hedging Transactions: Hedging or monetization transactions can be accomplished through a number of possible mechanisms, including through the use of financial instruments such as prepaid variable forwards, equity swaps, collars and exchange funds. Such hedging transactions may permit a director, officer or employee to continue to own Company Securities obtained through employee benefit plans or otherwise, but without the full risks and rewards of ownership. When that occurs, the director, officer or employee may no longer have the same objectives as the Company’s other shareholders. Therefore, directors, officers and other employees are prohibited from engaging in such transactions.
e) Margin Accounts and Pledged Securities: Securities held in a margin account as collateral for a margin loan may be sold by the broker without the customer’s consent if the customer fails to meet a margin call. Similarly, securities pledged (or hypothecated) as collateral for a loan may be sold in foreclosure if the borrower defaults on the loan. Because a margin sale or foreclosure sale may occur at a time when the pledgor is aware of material nonpublic information or otherwise is not permitted to trade in Company Securities, directors and officers and other employees are prohibited from holding Company Securities in a margin account or otherwise pledging Company Securities as collateral for a loan. The Company strongly discourages employees from engaging in such transactions. (Pledges of Company Securities arising from certain types of hedging transactions are governed by Section IX.d above.)
f) Standing and Limit Orders: Standing and limit orders (except standing and limit orders under approved Rule 10b5-1 Plans, as described in Section X.e below) create heightened risks for insider trading violations similar to the use of margin accounts. There is no control over the timing of purchases or sales that result from standing instructions to a broker, and as a result the broker could execute a transaction when a director, officer or other employee is in possession of material nonpublic information. The Company therefore discourages placing standing or limit orders on Company Securities. If a person subject to this Policy determines that they must use a standing order or limit order, the order should be limited to short duration and should otherwise comply with the restrictions and procedures outlined below in Section X (Additional Procedures).
Section X
Additional Procedures
The Company has established additional procedures in order to assist the Company in the administration of this Policy, to facilitate compliance with laws prohibiting insider trading while in possession of material nonpublic information, and to avoid the appearance of any impropriety. These additional procedures are applicable only to those individuals described below.
a) Pre-Clearance Procedures
Officers and directors, as well as the Family Members and Controlled Entities of such persons, may not engage in any transaction in Company Securities without first obtaining pre-clearance of the transaction from the Chief Financial Officer. A request for pre-clearance should be submitted to the Chief Financial Officer at least two business days in advance of the proposed transaction. The Chief Financial Officer is under no obligation to approve a transaction submitted for pre-clearance, and may determine not to permit the transaction. If a person seeks pre-clearance and permission to engage in the transaction is
denied, then he or she should refrain from initiating any transaction in Company Securities, and should not inform any other person of the restriction.
When a request for pre-clearance is made, the requesting person should carefully consider whether he or she may be aware of any material nonpublic information about the Company, and should describe fully those circumstances to the Chief Financial Officer. The requesting person should also indicate whether he or she has effected any non-exempt “opposite-way” transactions within the past six months, and should be prepared to report the proposed transaction on an appropriate Form 4 or Form 5. The requesting person should also be prepared to comply with SEC Rule 144 and file Form 144, if necessary, at the time of any sale.
b) Quarterly Trading Restrictions:
The directors and officers of the Company or its subsidiaries who are designated by the Company from time to time as being subject to the reporting and liability provisions of Section 16 of the Exchange Act (“Section 16 Persons”), and those persons who are designated by the Company from time to time as likely having access to the Company’s internal financial statements or other material nonpublic information for purposes of this Policy (“Designated Insiders”), as well as the Family Members and Controlled Entities of such Section 16 Persons and Designated Insiders, may not conduct any transactions involving the Company’s Securities (other than as specified by this Policy), during a “Blackout Period” beginning on the sixteenth calendar day of the third fiscal month of the fiscal quarter and ending after the close of trading on the second trading day (a full 48 hours minimum) following the date of the public release of the Company’s earnings results for that quarter. For example, if the Company were to publicly release earnings results at 4:00 p.m. on a Wednesday, the Blackout Period would remain in effect until 4:00 p.m. on Friday. In other words, these persons may only conduct transactions in Company Securities during the “Open Trading Window” beginning at the close of trading on the second trading day (a full 48 hours minimum) following the public release of the Company’s quarterly earnings and ending on the fifteenth calendar day of the third fiscal month of the fiscal quarter.
c) Event-Specific Trading Restriction Periods
From time to time, an event may occur that is material to the Company and is known by only a few directors, officers and/or employees. So long as the event remains material and nonpublic, the persons designated by the Chief Financial Officer may not trade Company Securities, even if the Company is in an Open Trading Window. In addition, the Company’s financial results may be sufficiently material in a particular fiscal quarter that, in the judgment of the Chief Financial Officer, designated persons should refrain from trading in Company Securities even earlier than the typical Blackout Period described above. In that situation, the Chief Financial Officer may notify these persons that they should not trade in the Company’s Securities, without disclosing the reason for the restriction. The existence of an event-specific trading restriction period or extension of a Blackout Period will not be announced to the Company as a whole, and should not be communicated to any other person. Even if the Chief Financial Officer has not designated you as a person who should not trade due to an event-specific restriction, you should not trade while aware of material nonpublic information. Exceptions will not be granted during an event-specific trading restriction period.
d) Exceptions:
The quarterly trading restrictions and event-driven trading restrictions described above do not apply to those transactions to which this Policy does not apply, as described above under Section VIII (Transactions Under Company Plans). Further, the requirement for pre-clearance, the quarterly trading restrictions and event-driven trading restrictions do not apply to transactions conducted pursuant to approved Rule 10b5-1 plans, described below under Section X.e (Rule 10b5-1 Plans).
e) Exceptions:
Rule 10b5-1 under the Exchange Act provides an affirmative defense to insider trading for persons that trade stocks under written plans entered into in good faith at a time when the person does not possess material nonpublic information (a “Rule 10b5-1 Plan”). In order to be eligible to rely on this defense, a person subject to this Policy must enter into a Rule 10b5-1 Plan that meets certain additional conditions. If the plan meets these conditions, Company Securities may be purchased or sold without regard to certain insider trading restrictions
To comply with this Policy, a Rule 10b5-1 Plan must: (i) be approved by the Chief Financial Officer or his/her designee; (ii) be adopted during an Open Trading Window; (iii) certify that the person is not aware of material nonpublic information and that the plan is being adopted in good faith and not as part of a plan or scheme to evade the prohibitions of Rule 10b5-1; (iv) not permit the person establishing the plan to exercise any subsequent influence over how, when, or whether to effect purchases or sales, provided that if anyone else is permitted to exercise such influence such person is not aware of any material nonpublic information when doing so; and (v) either specify the Amount, Price, and Date of the transaction(s) or include a written formula, algorithm, or computer program for determining the Amount, Price, and Date for the transaction(s). For the purposes of this paragraph (e), the following definitions apply:
• “Amount” means either a specified number of securities or a specified dollar value of securities.
• “Price” means the market price on a particular date or a limit price, or a particular dollar price.
• “Date” means, in the case of a market order, the specific day of the year on which the order is to be executed (or as soon thereafter as is practicable under ordinary principles of best execution). In the case of a limit order, Date means the day of the year on which the order is in force
The “good faith” requirement for persons entering into 10b5-1 Plans cannot be overemphasized. A person must act in good faith with respect to a Rule 10b5-1 Plan when entering the plan and throughout the duration of the plan. Insiders may lose the affirmative defense afforded by Rule 10b5-1 if changes or cancellations are deemed to have been made as part of a plan to evade insider trading laws.
In addition, Rule 10b5-1 Plans must have a “cooling-off period” between the date on which the plan is adopted or modified and when trading under the plan commences. The length of the cooling-off period depends on the person’s position in the Company. For directors and officers, trading under the Rule 10b5-1 Plan must not begin until after the later of: (i) 90 days after the adoption of the Rule 10b5-1 Plan; or (ii) two business days after the filing of the Company’s financial results in a Form 10-Q or Form 10-K for the fiscal quarter in which the Rule 10b5-1 Plan was adopted (subject to a maximum of 120 days after adoption of the Rule 10b5-1 Plan). For all other employees, the cooling-off period is 30 days after the adoption or modification of the Rule 10b5-1 Plan
Changes to an existing Rule 10b5-1 Plan are allowed so long as they are made in good faith, the person is not in possession of material nonpublic information, and the modification takes place during an Open Trading Window. However, any changes must first be approved by the Chief Financial Officer or his/her designee and, if the change affects the amount, price or timing of the purchase or sale of securities, the change will trigger another cooling-off period. Rule 10b5-1 plans may be canceled at any time, even if the person is in possession of material nonpublic information.
Once all trades under a Rule 10b5-1 Plan are completed or expire without execution, or a Rule 10b5-1 Plan is canceled, a person may adopt another Rule 10b5-1 Plan. A person may not, however, have more than one Rule 10b5-1 Plan in effect at the same time. Accordingly, adopting a new Rule 10b5-1 plan will automatically cancel an existing Rule 10b5-1 Plan if they cover the same time period.
Persons should be cautious in adopting Rule 10b5-1 Plans that are designed to effect the purchase or sale of securities as a single transaction (e.g., a plan that consists of one instruction to a broker to sell 500 Company shares at $30 per share). While single-trade plans are permitted under this Policy, Rule 10b5-1
states that a person is entitled to the affirmative defense to insider trading for only one single trade plan during any 12-month period.
Any Company approval, review or notification with respect to a Rule 10b5-1 Plan adopted pursuant to this paragraph (e) shall not constitute, and shall not be deemed to constitute, any endorsement or approval of that Rule 10b5-1 Plan by the Company, or a determination, conclusion or opinion by the Company or its personnel that the terms of that Rule 10b5-1 Plan (or any modification or termination thereof), the adoption, use or administration thereof or any transactions effected pursuant thereto comply with (and do not violate) applicable Securities Laws or that any sales or purchases of Company Securities thereunder will be effected in compliance with such Securities Laws.
Section XI
Post-Termination Transactions
This Policy continues to apply to transactions in Company Securities even after termination of service to the Company. If an individual is in possession of material nonpublic information when his or her service terminates, that individual may not trade in Company Securities until that information has become public or is no longer material.
Section XII Reporting of Violations
Any violation or prospective violation of this Policy is a serious matter. Any Insider or Designated Outsider who violates this Policy or any Securities Laws governing insider trading or tipping, or knows of any such violation by any other Insiders or Designated Outsiders, must report the violation immediately to the Chief Financial Officer.
Section XIII Consequences of Violations
The purchase or sale of securities while aware of material nonpublic information, or the disclosure of material nonpublic information to others who then trade in the Company’s Securities, is prohibited by federal and state laws. Insider trading violations are pursued vigorously by the SEC, U.S. Attorneys and state enforcement authorities as well as the laws of foreign jurisdictions. Punishment for insider trading violations is severe, and could include significant fines and imprisonment. Individuals who trade on inside information (or tip information to others) are subject to certain penalties, including: (a) a civil penalty of up to several times the profit gained or loss avoided; (b) a very substantial criminal fine (even for a violation that results in a small or no profit); and/or (c) a substantial jail term. In addition, failure to comply with this policy may subject an employee to private party damages and Company-imposed sanctions up to and including termination of employment for cause, whether or not the failure to comply also results in a violation of law. While the regulatory authorities concentrate their efforts on the individuals who trade, or who tip inside information to others who trade, the federal Securities Laws also impose potential substantial liability on entities and other “controlling persons,” such as the Company, Company’s management, and supervisory personnel, if they fail to take reasonable steps to prevent insider trading by entity personnel. Also, note that no pecuniary benefit is required to be in violation of this Policy and/or the Securities Laws. A mere sharing of material nonpublic information can be sufficient to render liable both the provider and recipient of such information.
Section XIV Updates and Amendments
The Company reserves the right to update or amend this Policy at any time.
Compliance Procedures
Due Diligence Questionnaire
Anti-Corruption Compliance Certification
It is the Policy of MarineMax, Inc. and its U.S. and foreign subsidiaries and affiliates (hereinafter together referred to as the “Company” or “MarineMax”) to maintain the highest level of professional and ethical standards in the conduct of its business in foreign countries where they operate. The Company requires all its personnel and vendors to use only legitimate and ethical business practices in its sales and operations activities. These standards can only be attained and maintained through the actions and conduct of the employees and vendors of the Company. It is the obligation of each vendor to conduct himself/herself in a manner to ensure the maintenance of these standards. Such actions and conduct will be important factors in evaluating a Vendor’s judgment and competence, and an important element in the evaluation of a continued business relationship.
In an effort to operate internationally in compliance with relevant laws and regulations, the Company has implemented a formal Compliance Program for international initiatives. Every person involved with our Company is required to make a personal commitment to follow this Policy and the guidelines and procedures set forth herein, and to ensure that our agents, distributors, consultants and subcontractors understand and abide by these requirements. While we do not expect everyone to become an expert in the laws governing our business, we do expect every vendor to adhere to the Company’s ethical standards set forth herein, and to be cognizant of the U.S. and host country’s laws that apply to our business. Furthermore, we require that each vendor seek guidance from the Legal Department whenever any uncertainty regarding those laws or ethical standards arises. Departures from our business standards will not be tolerated.
The Compliance Procedures set forth herein are intended to provide more detailed guidance on the compliance issues that are most likely to arise given the nature of the Company’s business. Every vendor involved in matters that may be affected by this policy will be required to acknowledge that they have read these guidelines, understand the process for resolving issues and/or answering questions, and affirm that they are committed to ensuring that all business practices for any transactions on behalf of the Company are in compliance with legal requirements and with the Company’s policies and procedures on ethical international business practices.
While the Company will make every effort to provide compliance information to all vendors, and to respond to all inquiries, no educational and training program, however comprehensive, can anticipate every situation that may present compliance issues. Responsibility for compliance with this Compliance Program, INCLUDING THE DUTY TO SEEK GUIDANCE WHEN IN DOUBT, rests with each vendor of the Company.
Very truly yours,
William B. McGill Chief Executive Officer
Compliance Procedures
I. Purpose
It is the policy of MarineMax that each of our employees, agents, representatives, vendors and other third parties that work with the Company comply with U.S. Foreign Corrupt Practices Act (“FCPA” or the “Act”) (15 U.S.C. §§ 78m, 78dd-1, et seq.), as amended, the Bribery Act 2010 of the United Kingdom (“UK Bribery Act”), the OECD Convention, the UN Convention Against Corruption, and the applicable anti-bribery laws of all foreign countries in which MarineMax operates (together, the “Anti-Corruption Laws”).
The International Anti-Corruption policy and procedures are designed to provide guidelines for compliance with the requirements of the Anti-Corruption Laws. This policy applies to all officers, directors, principals, employees and vendors of MarineMax regardless of title, position, or location.
Regardless of where MarineMax does business, it will strictly adhere to its standards of conduct by acting ethically and responsibly and by complying with the laws, statutes, decrees, regulations, guidelines, and policies of the United States and of the governments of those countries in which it conducts business, and requires strict compliance by all MarineMax employees and vendors.
The Anti-Corruption Laws apply generally to the business relationships of MarineMax with foreign government officials, foreign governmental entities and with foreign quasi-governmental and semi-privatized companies. The Legal Department should be consulted for guidance on Anti-Corruption Laws and other legal issues pertaining to those relationships.
II. Responsibility
All MarineMax employees and vendors involved in international transactions are expected to conduct their business ethically and responsibly. Local customs, cultural norms, or competitive pressures that suggest otherwise must always be rejected.
III. Disciplinary Action
Any violation of this policy, or the making of any commitment in violation of this policy, can result in disciplinary action, up to and including termination of employment or termination of the business relationship with the vendor.
IV. Impermissible Conduct
Under the FCPA and other relevant anticorruption laws, it is a crime for MarineMax directly, or through an intermediary, to offer, pay, or promise to pay, a bribe or “anything of value” to a foreign official. The term “anything of value” is interpreted by regulatory authorities to include both monetary and non-monetary gifts or bribes and can include doing favors for foreign officials. When in doubt as to the meaning of this term, or any other term in the Act, MarineMax employees and vendors have an affirmative obligation to contact the Legal Department for guidance. The appropriate point of contact for the Legal Department is Manuel Alvare III, General Counsel.
A. Foreign Officials
The term “foreign official” refers to any employee, representative or agent acting in an official capacity for a:
• foreign government, including any department, agency, military branch, court or legislature;
• partially- or wholly-owned government entity such as a nationalized corporation or industry;
• political party, including party officials or candidates;
• public international organizations such as The World Bank, the International Finance Corporation or the Red Cross.
B. Improper Payments or Things of Value
The giving of “anything of value” to a foreign official is considered corrupt when made for the purpose of influencing a foreign official to misuse his or her official capacity, either through an act or omission, in a way that helps the Company obtain or retain business or obtain legislation, regulation, or rulings that would benefit MarineMax’s business. Corrupt payments also include:
• making payments or giving anything of value to gain any improper advantage such as disadvantaging a competitor, obtaining preferential treatment or obtaining information to which others may not have access.
• indirect contributions and payments or gifts made through consultants, advisors, suppliers, customers or other third parties.
It is important to note that the prohibition against corrupt payments applies equally to corporate funds and to personal funds or assets. In other words, a bribe or gift to a foreign official made from personal funds that otherwise meets the elements of a violation of the FCPA will not insulate MarineMax or the MarineMax employee from legal liability under the Act.
C. Additional Ethical and Legal Standards
In practice, it may be difficult to distinguish between payments that are legal under the FCPA and those that could be construed as illegal or unethical. Also, while the FCPA may not, in a particular instance, apply to a specific payment made to a non-U.S. citizen or other non-U.S. entity, or to foreign nationals who are not foreign officials, that does not mean such payments are either ethical or legal under MarineMax’s policies or under U.S. or foreign laws. In all cases, when in doubt, MarineMax employees and vendors have an affirmative obligation to contact MarineMax’s Legal Department guidance.
Additionally, in all cases, MarineMax’s employees, agents and representatives are prohibited from making payments to any entity or individual when such payments represent a conflict of interest, a violation of MarineMax’s corporate ethics and compliance policies, or any other law or regulation governing these transactions. When the laws of more than one country are applicable to a transaction, MarineMax’s vendors, employees, foreign partners, and MarineMax’s international representatives must act in conformance with the most restrictive standard that applies.
V. Business Entertainment Expenses
Reasonable business entertainment expenditures can play an important role in strengthening personal relationships and promoting the Company’s goods and services. It is integral to fostering relationships with customers. Nevertheless, the provision of business entertainment, if abused, can create the appearance of impropriety, if not worse, violations of the FCPA or other anticorruption laws and regulations.
The principal guide in providing business entertainment in compliance with the FCPA is a rule of reasonableness. The Company should be cautious and conservative, and ensure that such expenditures conform not only to generally accepted local custom, local law and the customer’s organizational guidelines, but also to an objective reasonableness standard. Furthermore, as explained in detail below, the Company has adopted a fixed U.S. dollar threshold for business entertaining. Any expenditures that would exceed the threshold require written approval of General Counsel. In providing business entertainment to foreign officials, the following guidelines must be followed:
• The contemplated entertainment must be unequivocally ordinary and reasonable.
• The business entertainment expenditures should be commensurate with local custom and practice.
• The business entertainment expenditures should avoid even the appearance of impropriety.
• The type and expense of entertainment should be permissible under customer guidelines.
• The business entertainment should be valued at no more than one hundred fifty(150) U.S. dollars per person and should not be provided to the same person more than four (4) times per year. Any deviation from this policy requires the prior written approval of General Counsel.
• The expenditure must be properly and accurately recorded in the Company’s books and records. All receipts, invoices and debit notes must be maintained, and must identify each participant or attendee by name, title, and company or agency, as well as the purpose and date of the expenditure.
VI. Selection and Retention of Third Party Intermediaries and Agents
The Company may in certain circumstances utilize the services of independent third parties such as agents, consultants, distributors, teaming partners, or subcontractors to facilitate its business activities or the performance of a portion of its contract obligations. These persons or entities can have a significant impact not only on the Company’s sales and operations, but also on its image and reputation. Furthermore, when third parties undertake illegal actions (whether intentional or unintentional) in connection with their work for the Company, the Company ultimately may bear some liability. Accordingly, it is important that third persons and entities be selected and screened carefully, to ensure they are responsible, trustworthy and operate within the letter and spirit of the law.
It is MarineMax’s policy to conduct appropriate due diligence and monitoring of agents, joint venture partners, suppliers, contractors, and other third parties before and while conducting business with them as contemplated by this Policy. Any such third parties to be retained by MarineMax will first be vetted through MarineMax’s Anti-Corruption Due Diligence Questionnaire. An Anti-Corruption Due Diligence Questionnaire and Anti-Corruption Compliance Certification should be provided to each third party, and a completed Anti-Corruption Due Diligence Questionnaire and a completed Certification provided to the MarineMax Legal Department for review. The Legal Department will conduct a review of the Anti-Corruption Due Diligence Questionnaire responses and conduct additional research. No contract may be entered into with any third party until the Legal Department has approved of the selection and retention of the third party through this due diligence process.
Furthermore, once a third party is approved by the Legal Department, any contracts involving, directly or indirectly, a foreign official, an official of a foreign political party, or a candidate for political office must be in writing and reviewed by the MarineMax Legal Department prior to execution.
VII. Recordkeeping
MarineMax (each of its employees, staff, agents, representatives, vendors and all third parties that work with the Company) must make and keep books, records, and accounts, which, in reasonable detail, accurately and fairly reflect any transactions and dispositions of MarineMax and any of its subsidiaries or partners. Records should be maintained in sufficient detail to facilitate a full understanding and audit trail. No false or misleading entries should be made in the books and records of the Company for any reason.
VIII. Reporting
No policy can anticipate every situation that may arise. Accordingly, this policy is not meant to be all-inclusive, but rather is intended to serve as a source of guiding principles and to encourage communication and dialogue concerning standards of conduct addressed in the policy. Employees and vendors are encouraged to discuss with any member of the Legal Department or contact MarineMax’s Compliance and Ethics Hotline (who will refer you to a Company subject-matter expert in this area) with questions about particular circumstances that may implicate the provisions of this policy.
IX. Violations of the FCPA
The FCPA is rigorously enforced by the Securities and Exchange Commission (“SEC”) and the Department of Justice (“DOJ”). Violations of the Act can result in millions of dollars in criminal or civil fines against both the Company and individuals as well as imprisonment for the individuals involved. Penalties may be imposed on employees with direct foreign contacts, as well as those in supervisory roles who approve the relationships and expenses associated with foreign transactions. While knowledge of the corrupt payment is the basis for direct liability, deliberate ignorance of corrupt practices or failure to act upon “red flags” related to transactions that could indicate corrupt practices is never a defense. Any indication or suspicion of a corrupt payment or other “red flag” must be brought to the immediate attention of MarineMax General Counsel.
WDC 372,467,686
Anti-Corruption Due Diligence Questionnaire
PREPARED BY:
TITLE: COMPANY:
DATE:
Instructions:
1. Please answer all questions to the best of your ability. When necessary, attach additional sheets to this form. If a particular question has no applicability to your company, type “N/A” for “not applicable.” However, we believe that all of the categories of information requested in this questionnaire have applicability. The completed questionnaire must be signed by an authorized individual in your company.
2. Please type all answers.
3. All answers must be in the English language.
4. Please mail the completed and signed form to: Manuel Alvare III, General Counsel 2600 McCormick Drive, #200 Clearwater, FL 33759
5. Please attach three (3) copies of your company Annual Report to this form.
I. GENERAL INFORMATION
1. Name of Company:_______________________________________________________
2. Business Address:________________________________________________________
3. Phone Number:__________________________________________________________
4. Facsimile Number:_______________________________________________________
5. E-mail Address: _________________________________________________________
6. Place of Incorporation:____________________________________________________
7. Name of Principal(s):_____________________________________________________
8. Does the Company hold a license to conduct business? ______ Yes _______ No If yes, attach a copy of the license.
9. Nationality of Principal(s):_________________________________________________
10. Residence of Company Principal(s): _________________________________________
11. Contemplated Territory:___________________________________________________
12. Length of time in business:_________________________________________________
13. Do you have an office or business activities located in the United States (yes/no)? If yes, where?:
14. Education and Business History of Principal(s), including government/military training (please attach resumes or C.V.s if available):
15. Identify location of other offices not already named above:
16. Describe English language capabilities of Principal(s) and staff:
17. Does the Company have a written anti-corruption compliance program which includes corporate policies and procedures, and explanation of the FCPA’s antibribery and record-keeping provisions? ______ Yes _______ No
If yes, does the Company receive periodic training on the requirements of anti-corruption (including FCPA) compliance for marketing, management, and other relevant employees? ______ Yes _______ No
18. Does the Company have a record-keeping system for all licenses, registrations, and reports filed, and due diligence conducted? ______ Yes _______ No
19. Do any other persons or entities hold any ownership interest or any other interests in profits or revenues, whether directly or indirectly? ______ Yes _______ No
If yes, provide detailed information: ________________________________________________
II. BUSINESS HISTORY
1. Describe areas of business expertise:
2. List current clients:
3. List former clients:
4. Does any employee of your company currently hold a position as an official in a governmental or quasigovernmental agency in any country or hold a position in any political party in any country?
If yes, explain:
5. Has any current employee of your company previously held a position as an official in a governmental or quasi-governmental agency in any country or previously held a position in any political party in any country?
If yes, explain:
6. Is any employee of your company related to any official in a governmental or quasi-governmental agency in any country or related to any holder of a position in any political party in any country, whether that relation is by blood or by marriage?
If yes, explain:
7. Does any agent or sub-agent utilized by your company currently hold or has previously held a position as an official in a governmental or quasi-governmental agency in any country or a position in any political party in any country?
If yes, explain:
8. Has the applicant or any subsidiary or affiliate of the applicant been the subject (during the prior 5 years) of past or pending litigation, or government investigation? If yes, describe below:
9. Has the applicant, or any subsidiary or affiliate of the applicant, or any owner, officer, director or employee of the applicant’s organization ever been the subject of a criminal investigation, indictment, or a similar proceeding? If yes, describe below:
10. Has the applicant, or any subsidiary or affiliate of the applicant, or any owner, officer, director or employee of the applicant’s organization ever been convicted in any criminal matter? If yes, describe below:
11. Has the applicant, or any owner, officer, director or employee of the applicant’s organization ever been the subject of a dishonorable discharge or dismissal, from a military organization or other government office? If yes, please describe below:
III. BACKGROUND
1. Provide the following information about current or former (prior 5 years) agent, consultant, distributor, or partner relationships (use additional sheets if necessary) with any U.S. or foreign product or services related company:
(1) Company (Name and Address):
Country of Incorporation:
Name and Tel. Number of Principal Contact at Company:
Services or Products Represented:
Annual Sales Volume:
(2) Company (Name and Address):
Country of Incorporation:
Name and Tel. Number of Principal Contact at Company:
Services or Products Represented:
Annual Sales Volume:
2. List at least three references that MarineMax may contact (name, address, contact information) with whom your company has dealt within the last twelve (12) months in the contemplated Territory in order for MarineMax to obtain letters of recommendation for your company. At least one reference must be from a U.S. or U.K. company. Other references may be, for example, from a local Chamber of Commerce, customers, and local legal counsel.
2. Please provide a list of bank/financial institution references, identifying persons who may be contacted.
3. List a point of contact at the nearest U.S. Embassy who can serve as a reference:
4. Describe your initial contact with MarineMax:
Anticorruption Compliance Certification
I, _______________________[INSERT NAME] (“_____________[TITLE]”), hereby certify that the information provided herein is complete and accurate to the bestof my knowledge and belief and that I am legallyempowered to make such representations on behalf of _________________________ [INSERT NAME OF COMPANY]. ___________[TITLE] further certifies that [it/he/she] has not paid, or offered or agreed to pay, or has caused to be paid, or offered or agreed to be paid directly or indirectly, any political contributions, fees or commissions (as defined in the Foreign Corrupt Practices Act, as amended (“FCPA”)).
________________[TITLE] further certifies that [it/he/she] is not a foreign official,an official of a foreign political party, or a candidate for political office. ______________[TITLE] agrees that [it/he/she] will immediately notify [COMPANY] if [it/he/she] becomes a foreign official, an official of a foreign political party, or a candidate for political office.
__________________[TITLE] further certifies that [it/he/she] will not offer, pay, promise to pay, or authorize the payment of any money, or offer, give, promise to give, or authorize the giving of anything of value to a foreign official (“foreign official” as defined in the FCPA), to any foreign political party or official thereof or any candidate for political office, or to any person, while knowing or being aware of a high probability that all or a portion of such money or thing of value will be offered, given or promised, directly or indirectly, to any foreign official, to any foreign political party or official thereof, or to any candidate for political office, for the purposes of:
(a) influencing any act or decision of such foreign official in his official capacity, or inducing such foreign official to do or omit to do any act in violation of the lawful duty of such official, or securing any improper advantage, or inducing such foreign official to use his influence with a foreign government, or instrumentality thereof, to affect or influence any act or decision of such government or instrumentality in order to assist such person in obtaining or retaining business for or with, or directing business to any person; or
(b) influencing any act or decision of any person, while knowing that all or a portion of such money or thing of value will be offered, given, or promised, directly or indirectly, to any foreign official (or foreign political party), or to any candidate for foreign political office, for any of the prohibited purposes described above.
______________[TITLE] further agrees that if subsequent developments cause the certifications and information reported herein made by ____________[TITLE] to be no longer accurate or complete, [TITLE] will immediately furnish ___________________[COMPANY] with a supplementary report detailing such change in circumstances.
By: Name:
Title:
Date: ___________________________________
Acknowledgment of MarineMax, Inc.
International Anti-Corruption Policy & Procedures
Every Employee involved in matters that may be affected by this policy is required to acknowledge that they have read the guidelines, understand the process for resolving issues and/or answering questions, and affirm that they are committed to ensuring that all business practices for any transactions on behalf of the Company are in compliance with legal requirements and with the Company’s policies and procedures on ethical international business practices.
I have reviewed the Policy in its entirety and agree to follow the policies and procedures as stated therein:
Signature:
Name (printed):
Date:
PLEASE RETURN THIS ACKNOWLEDGEMENT TOMANUEL ALVARE III, GENERAL COUNSEL, MARINEMAX, INC.
MARINEMAX, INC. ANTI-FRAUD POLICY
OVERVIEW
MarineMax, Inc., and its subsidiaries (“MarineMax”) are committed to maintaining a culture of honesty and the prevention and detection of fraud and corruption. The establishment of this Anti-Fraud Policy (the “Policy”) supports MarineMax’s dedication to our customers, shareholders, and Team Members and articulates our core values and approach to the way we handle our business. This Policy will define what we mean by “fraud”, provide guidelines, assign responsibilities, and outline procedures and protections for reporting suspected fraud. This document should be read in conjunction with the MarineMax Harassment Policy.
SCOPE OF POLICY
This Policy applies to any accounting irregularity, fraud, theft or misuse or suspected accounting irregularity, fraud, theft or misuse involving Team Members as well as consultants, vendors, contractors, outside agencies, shareholders and any other parties in a business relationship with MarineMax. Any required investigation of fraudulent activity will be conducted without regard to the suspected wrongdoer’s length of service, position/title, or relationship to MarineMax.
DEFINITION OF FRAUD
MarineMax defines the term “fraud” in this Anti-Fraud Policy as: The theft or misuse of MarineMax’s funds or other resources, by a Team Member or a third party; the intentional distortion of financial statements or other records by persons, internal or external to MarineMax, which is carried out to conceal the misappropriation of assets for personal gain; and the use of deception with the intention of pursuing personal interests and causing loss to the proper interests of MarineMax.
Some examples of fraud or fraudulent behavior include but are not limited to the following:
• Theft of funds or any other MarineMax property
• Falsification of costs or expenses
• Forgery or alteration of documents
• Destruction or removal of records
• Personal use of MarineMax’s assets without manager approval
• Team Members seeking or accepting cash, gifts or other benefits from third parties in exchange for preferential treatment of the third parties in their dealings with MarineMax
• Blackmail or extortion
• Offering, promising or giving of a bribe and requesting, agreeing to receive or accepting a bribe for any reason
• Paying of excessive prices or fees to third parties with the aim of personal gain.
If there is any question as to whether an act constitutes fraud, contact General Counsel or Internal Audit for guidance.
OVERSIGHT AND RESPONSIBILITIES
The Director of Internal Audit shall have the primary responsibility for:
• Developing, implementing and maintaining adequate systems of internal control to prevent and detect fraud;
• Regularly reviewing MarineMax’s Anti-Fraud Policy statement and compliance to ensure it remains effective and relevant to the needs of MarineMax;
• Establishing and maintaining reliable communication channels allowing for anonymous reporting of actual or suspected instances of fraud or fraudulent behavior;
• Together with General Counsel, promptly investigating all allegations and reports of fraud and commencing disciplinary and/or legal action where appropriate; and
• Together with General Counsel, reporting all relevant activity to the Board of Directors. Department Managers shall have the responsibility for:
• Familiarizing themselves with the types of accounting irregularities, fraud, theft or misuse that might occur within his or her area of responsibility;
• Monitoring compliance with internal controls and policies;
• Notifying their direct Manager, Director of Internal Audit, General Counsel or the 24 hour
• Fraud Hotline of any suspected fraudulent activity;
• Ensuring that all staff under their control be given a copy of this policy in a language they can understand, and acknowledge its receipt; and
• Ensuring that staff be encouraged to report suspected issues of fraud along with advising the procedures for anonymously reporting such behavior.
Team Members shall have the responsibility for:
• Ensuring that MarineMax’s reputation and assets are protected against fraud;
• Reporting known or suspected fraud to their direct Manager, Director of Internal Audit, General Counsel or the 24 hour Fraud Hotline; and
• Assisting in the investigation of suspected fraud.
REPORTING
Any accounting irregularity, fraud, theft or misuse that is detected or suspected must be reported immediately to a Manager, Director of Internal Audit, General Counsel or the 24 hour Fraud Hotline. MarineMax maintains a Fraud Hotline to allow for confidential correspondence and to protect Team Member rights. Team Members may report fraudulent or illegal activities within the scope of this policy anonymously by calling the Hotline at 1-877-217-4711. The Hotline is maintained by a third party and is available 24 hours per day, seven days a week.
Team Members or third parties who suspect fraud should not do any of the following:
• Contact the suspected individual(s) directly in an effort to determine facts, demand explanations or restitution;
• Discuss the issue with anyone within MarineMax, other than the people listed above; or
• Discuss the issue with anyone outside of MarineMax, except as required by law.
Investigation results will not be disclosed or discussed with anyone other than those who have a legitimate need to know. This is important in order to avoid damaging the reputations of persons suspected but subsequently found innocent of wrongful conduct and to protect MarineMax from potential civil liability. The identity of a Team Member or third party complainant who reports suspected fraud will be protected to the full extent of the law. A copy of this Anti-Fraud Policy can be found on our Intranet.
Receipt and Acknowledgement
I hereby acknowledge that I have received and reviewed a copy of the MarineMax Anti-Fraud Policy. I understand the policy and agree to abide by the terms of the policy. I further acknowledge and understand that violation of this policy and procedures is unacceptable and will result in appropriate disciplinary action up to and including immediate termination.
Witness:
Witness Signature Signature of Team Member
Acknowledgment of Receipt and Review
By signing below, I acknowledge that I have received a copy of the MarineMax Team Member Handbook (handbook) and that I have read it, understand it, and agree to comply with it. I understand that MarineMax has the maximum discretion permitted by law to interpret, administer, change, modify, or delete the rules, regulations, procedures, and benefits contained in the handbook at any time with or without notice. No statement or representation by a manager, manager, or any other team member, whether oral or written, can supplement or modify this handbook. Changes can only be made if approved in writing by the CEO of MarineMax. I also understand that any delay or failure by MarineMax to enforce any rule, regulation, or procedure contained in the handbook does not constitute a waiver on behalf of MarineMax or affect the right of MarineMax to enforce such rule, regulation, or procedure in the future.
I understand that neither this handbook nor any other communication by a management representative or other, whether oral or written, is intended in any way to create a contract of employment. I further understand that, unless I have a written employment agreement signed by an authorized MarineMax representative, I am employed "at-will" (to the extent permitted by law) and this handbook does not modify my "at-will" employment status.
If I am covered by a written employment agreement (signed by an authorized MarineMax representative) or a collective bargaining agreement that conflicts with the terms of this handbook, I understand that the terms of the employment agreement or collective bargaining agreement will control.
This handbook is not intended to preclude or dissuade team members from engaging in legally protected activities under the National Labor Relations Act (NLRA). This handbook is not intended to violate any local, state, or federal law. No provision or policy applies or will be enforced if it conflicts with or is superseded by any requirement or prohibition contained in federal, state, or local law, or regulation. Furthermore, nothing in this handbook prohibits an team member from reporting concerns to, filing a charge or complaint with, making lawful disclosures to, providing documents or other information to, or participating in an investigation or hearing conducted by the Equal Employment Opportunity Commission (EEOC), National Labor Relations Board (NLRB), Securities and Exchange Commission (SEC), or any other federal, state, or local agency charged with the enforcement of any laws.
This handbook supersedes any previous handbook or policy statements, whether written or oral, issued by MarineMax.
If I have any questions about the content or interpretation of this handbook, I will contact my Human Resources Business Partner or the Director of Human Resources.
Signature Date Print Name